Zoning Bylaw Amendment Application (19-Z-09) - 2109 York Street

CONCLUSION

Douglas Muskaluk (Applicant) on behalf of the landowner The City of Regina (City), Real Estate Branch (Owner), proposes to rezone a portion of 2109 York Street (Subject Property) from PS – Public Service Zone to R1A – Residential Older Neighbourhood Detached Zone and then subdivide and sell the Subject Property. The Subject Property forms part of a parcel used primarily for park purposes; however, the Subject Property, itself, is currently used by the adjacent landowner for vehicle parking.

The Subject Property represents a minimal amount of land area and is not currently being used for park/recreation purposes. Further, the proposal complies with the development standards and regulations contained in Regina Zoning Bylaw No. 9250 (Zoning Bylaw) and is not in conflict with the policies in Design Regina: The Official Community Plan Bylaw No. 2013-48 (OCP). Accordingly, Administration recommends approval.

BACKGROUND

The Subject Property (the portion of land subject to proposed rezoning and subdivision) forms part of a parcel being primarily vacant, but is currently used by the owner of the adjacent residential property (2165 York Street) for parking their vehicles. This residential property is surrounded by City owned property to the north, east and south and by a City street to the west. The City owned lands to the north are being used for park/open space purposes; however, no municipal reserve designation applies. An undeveloped lane transects the subject block of land and only serves as driveway access to a parking lot associated with a City park/recreation related facility. The Owner (City Real Estate Branch) does not oppose the sale of the Subject Property to the owner of the adjacent residential property.

Concurrent with the proposal to rezone, subdivide and sell the Subject Property, the Owner is proposing to close the adjacent unused lane. The proposed lane closure is addressed through a separate concurrent application proceeding to the same Regina Planning Commission meeting as this application. The lane is not required for traffic circulation purposes or to accommodate access to any future development.

The zoning amendment application is being considered pursuant to the Zoning Bylaw, OCP, The Planning and Development Act, 2007 (Act) and The Cities Act, 2002. The related subdivision application is being considered concurrently in accordance with Bylaw No. 2003-3, by which subdivision approval authority has been delegated to Administration. A copy of the plan of proposed subdivision is attached for reference purposes only.

DISCUSSION

Zoning and Land Use Details

The Subject Property is currently zoned PS – Public Service Zone and FF – Flood Fringe Overlay Zone. (Appendix A-4)  Should the Subject Property be rezoned to R1A – Residential Older Neighbourhood Detached Zone, the FF – Flood Fringe Overlay Zone would still apply; therefore, the driveway and any buildings (e.g. garage) would have to conform to the regulations within the Zoning Bylaw in regard to front yard parking and flood proofing standards applying under the Building Bylaw.

Although the Subject Property forms part of a parcel that is vacant open space and the lands in the vicinity are not part of the dedicated (municipal reserve) open space system for the neighbourhood. 

RECOMMENDATION IMPLICATIONS

Financial Implications

The sale price for the Subject Property is $27,930 plus GST. The sale of the land will relieve the City of any obligations for maintenance or physical condition.

The subject area currently receives a full range of municipal services, including water, sewer and storm drainage. The applicant will be responsible for the cost of any new, or changes to existing, infrastructure that may be required to directly or indirectly support any proposed development that may follow, in accordance with City standards and applicable legal requirements.

Environmental Implications

The subject property is located within the FF – Flood Fringe Overlay Zone as shown on Appendix A-4. Development is allowed within the Floodway Fringe provided that appropriate flood proofing is incorporated into building design. The proposal for the Zoning Amendment does not impact the existing Floodway Fringe.

Policy/Strategic Implications

The proposal is consistent with the policies contained within Part A of the OCP with respect to:

Section D9: Health and Safety

Goal 1 – Safety and Urban Planning

11.5              Prohibit the development of new buildings and additions to buildings in the flood way of the 1:500 year flood elevation of any watercourse or water body

Other Implications

None with respect to this report.

Accessibility Implications

None with respect to this report.

COMMUNICATIONS

Communication with the public is summarized below:

There were two public comments received on this application. A more detailed accounting of the respondent’s comments and Administration’s response is provided in Appendix B.

The application was circulated to the Cathedral Community Association who responded that they had no issue with this application.

The applicant and other interested parties will receive a copy of the report and notification of the meeting to appear as a delegation in addition to receiving a written notification of City Council’s decision.

DELEGATED AUTHORITY

City Council’s approval is required, pursuant to Part V of The Planning and Development Act, 2007, and Section 101 (1)(I) of The Cities Act.

Respectfully submitted,              Respectfully submitted,

{Signature}

Prepared by: Pam Ewanishin

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