A new fourplex which will be exclusively for persons with disabilities was green-lit at the regular meeting of Yorkton Council Monday.
The development is to be built at 53 Lawrence via a Contract Zoning Agreement with the City.
The current zoning is R-1 General Residential and the property is vacant.
“The owner has provided preliminary plans which make the building appear as though it is a single-unit dwelling with a front attached garage and single front entrance door,” said Michael Eger Planner with the City.
As a result, Planning Services considered a rezoning to R-3 Medium Density Residential that would allow for the Four Unit Dwelling as a Permitted Use. A Contract Zoning Agreement could be entered into and registered on title in order to restrict the land use and prevent other, less desirous and higher impact uses from being developed. The owner is supportive of this approach as it will help them protect the proposed use for the foreseeable future
Egar also noted, the application is consistent with the Official Community Plan, which prescribes residential development within these lands. Contract Zoning is also supported as a means of amending the Zoning Bylaw where it is desirous to limit the land use on a site or establish specific criteria;
• ensure the units are made available only for persons with disabilities
• ensure the front façade of the building is designed to appear as a single-unit dwelling
• establish an off-street parking space requirement that is equivalent to a Residential Care Home; therefore one space would be required per two units (two off-street parking spaces)
• be registered on title at the owner’s expense
• be transferable for long term protection of the proposed use
“Contract Zoning, where used correctly, can be a very effective tool to allow desirable developments on the merits of the site and the application. The subject lands, situated along a busy collector street and across from highway commercial developments, are likely not the preferred location for many prospective home owners. At the same time, the neighbouring roads and drainage infrastructure are already strained, and adding conventional multi-unit residential land uses would be ill-advised,” said Eger.
“Further, the development would help to fill the deficiency in housing that is designed to accommodate persons with disabilities. The Owner has orchestrated similar housing initiatives and has demonstrated an ability to provide safe and affordable housing for this demographic.”
Eger added Planning Services is of the opinion that the proposed site and building design are an ideal fit for the proposed use.
As well, the application was presented to the Planning and Infrastructure Commission at their June 24th meeting. The Commission recommended that Council consider approval of the proposed zoning bylaw amendment.
Eger explained the proposed bylaw was advertised and circulated in accordance with the public notification requirements of the City of Yorkton, including advertisement in the local paper, at City Hall and on the City website, and direct notification to property owners within a 75m radius of the affected property.
A written comment was submitted with the respondent expressed concerns over:
• devaluation of neighbouring (new) single unit dwellings and vacant lots
• lack of off-street parking spaces for the new use
• concern over future conversion to four-unit dwelling, and the potential for noise and lack of property maintenance/upkeep
• receiving a written response from the City, acknowledging his concerns
In response Eger told Council;
• Given their proximity to light industrial and highway commercial uses, the neighbouring property values would not be affected by a residential care facility which looks like a single unit dwelling.
• Parking is not a concern in the present as the tenants will not have the ability to drive vehicles. Because this is not a 24 hr care facility, visitors will only need parking on occasional basis.
• The Contract Zoning Agreement is the best available means of ensuring the care facility is not converted to a market rental four-plex. Further, for that to occur, the applicant would have to meet off-street parking requirements and the site, without lane access, cannot accommodate the eight parking spaces that would be required.
• It is standard practice for the City Clerk’s office to respond to written submissions. While Council is not obligated to provide reasons for approval, it would be fair to provide the respondent with excerpts from the Council report.
In the end Council unanimously passed second and third reading to facilitate the development.
