HomeMy WebLinkAboutDTS-10-124 - Zone Change Application - 87, 91 and 97 Victoria
REPORT
REPORT TO:Council
DATE OF MEETING:June 14, 2010
SUBMITTED BY: Alain Pinard, Interim Director of Planning
PREPARED BY: Sheryl Rice, Development Technician (519-741-2844)
WARD(S) INVOLVED: Ward 1 – Bridgeport-Centre
DATE OF REPORT: June 7, 2010
REPORT NO.: DTS-10-124 (Addendum to Report DTS 10-065)
SUBJECT:ZONE CHANGE APPLICATION ZC 10/01/COK/SR
CITY-INITIATED “HOUSEKEEPING” AMENDMENTS -
87, 91 AND 97 VICTORIA STREET NORTH
RECOMMENDATION:
That further to the Housekeeping changes (ZC 10/01/COK/SR) approved by Council on May
17, 2010, that a zone change for 87, 91 and 97 Victoria Street North, be approved (without
conditions); and further,
That a by-law in the form attached to Development and Technical Services Department report
DTS-10-124, dated June 7, 2010, be taken as read a first and second time and be
recommended for enactment.
BACKGROUND:
The City of Kitchener Zoning By-law 85-1 was amended in May 2010 to address “house-keeping”
improvement or clarifications. As a result of concerns from a neighbouring property owner in
regards to 87, 91 and 97 Victoria Street North, zone changes affecting that property were not
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included in the housekeeping by-law at that time but deferred to June 14 Council meeting to
provide for further consideration and discussion with the neighbouring property owner.
REPORT:
On Thursday, May 27th, Planning and Traffic staff met with Joe Mancini (The Working Centre),
Councilor John Smola and the objectors to the zone change regarding their concerns. Staff
explained the zoning regulations required for the property as a residential care facility and noted that
the zoning regulations for this use, including parking, currently comply with Zoning By-law 85-1. It
was also noted that Site Plan approval would be required which would review access, handicapped
parking and minimum number of parking spaces required. It was acknowledged by all in attendance
that Planning regulations were dealt with and there were no concerns. Further discussion took place
regarding other concerns of the objectors and staff understands that those concerns have been
addressed. The proposed zone change is attached.
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FINANCIAL IMPLICATIONS: n/a
ACKNOWLEDGED BY: Jeff Willmer, Interim General Manager
Development and Technical Services Department
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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 – City of Kitchener
Housekeeping Amendment)
WHEREAS it is deemed expedient to amend By-law 85-1, as amended;
NOW THEREFORE the Council of The Corporation of the City of Kitchener enacts as
follows:
1. Schedule 84 of Appendix “A” to By-law 85-1 is hereby amended by changing the applicable zoning
to:
a) the parcel of land specified and illustrated as Area 1 on Map No. 1, in the City of Kitchener,
attached hereto, from Warehouse District Zone (D-6) with Special Regulation Provision 105R
and Special Use Provision 116U and Holding Provision 10H to Warehouse District Zone (D-6)
with Special Regulation Provision 105R and Special Use Provision 116U and Special Use
Provision 403U and Holding Provision 10H; and
b) the parcel of land specified and illustrated as Area 2 on Map No. 1, in the City of Kitchener,
attached hereto, from Warehouse District Zone (D-6) to Warehouse District Zone (D-6) with
Special Regulation Provision 105R and Special Use Provision 116U and Special Use Provision
403U and Holding Provision 10H;
and legally described as Part Lot 69, Lot 70 and 71, Plan 374.
2. Provision 116 of Appendix “C” to By-law 85-1 is hereby amended by adding immediately after
section d) a new section thereto as follows:
“e) Part Lot 69 and Lot 70, Plan 374 as shown on Schedule 84 of Appendix “A” (87 and 91
Victoria Street North).”
3. Appendix “C” to Bylaw 85-1 is hereby amended by adding the following new subsection thereto in
the proper numerical order:
“403U. Notwithstanding Section 17.1 and Schedule 105 of Appendix D, subsection iii) of this
By-law, within the lands zoned D-6 on Schedule 84 of Appendix “A”, described as Part
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Lot 69, Lot 70 and Lot 71, Plan 374, a residential care facility shall be a permitted use
and may be located on the ground floor.”
4. Provision 105 of Appendix “D” to By-law 85-1 is hereby amended by adding immediately after section
f) a new section thereto as follows:
“f) Part Lot 69 and Lot 70, Plan 374 as shown on Schedule 84 of Appendix “A” (87 and
91 Victoria Street North).”
5. Provision 10 of Appendix “F” to By-law 85-1 is hereby amended by adding immediately after section
d) a new section thereto as follows:
“e) Part Lot 69 and Lot 70, Plan 374 as shown on Schedule 84 of Appendix “A” (87 and 91
Victoria Street North).”
PASSED at the Council Chambers in the City of Kitchener this
day of April, 2010.
_____________________________
Mayor
_____________________________
Clerk
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