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Home My WebLink AboutCSD-11-093 - Zone Change Application - 177 & 185 Windale Cres REPORT TO: Staff Re vet CommunrtySer~ices Depar~meni DATE OF MEETING: August 15, 2011 SUBMITTED BY: Alain Pinard, Director of Planning www.kitchenerca PREPARED BY: Garett Stevenson, Planning Technician 519-741-3400 x3158 WARD(S) INVOLVED: Ward 6 DATE OF REPORT: July 21, 2011 REPORT NO.: CSD-11-093 SUBJECT: ZONE CHANGE APPLICATION ZC11/002/W/GS 177 & 185 WINDALE CRESCENT MANSOURA DEVELOPMENTS INC. ~~ 55,E ~0~, ~~y' ~~a ~~ ` 5 ,~P O i ~ Planning and Strategic Initiatives Committee Subject Property: 177 & 185 Windale Crescent RECOMMENDATION: That Zone Change Application ZC11/002/W/GS (177 & 185 Windale Crescent, Mansoura Development Inc.) for the purpose of changing the zoning from Residential Six Zone (R-6) with Special Regulation Provision 444R and Holding Provision 52H to Residential Six Zone (R-6) with Special Regulation Provision 444R, in the form shown in the "Proposed By-law" dated May 18, 2011, attached to Report CSD-11-078 as Appendix A, be approved. REPORT: The lands municipally addressed as 177 and 185 Windale Crescent (Windale Crescent and Howe Drive) are currently zoned Residential Six (R-6) with Special Provision Regulation 444R and Holding Provision 52H. Holding Provision 52H restricts all uses permitted by the R-6 Zone until such time as 4-1 Staff Re vet ~ITCH~I~TE~ CommunrtyServicesDepar~men~ www.kitchenerca the disposition of the redundant portion of Howe Drive is dealt with to the satisfaction of the General Manager of Development and Technical Services (now the Deputy CAO -Community Services). The City recently closed and sold the redundant portion of Howe Drive to Mansoura Development Inc. As a condition of the sale of the land, a Record of Site Condition was required as there was the potential of contamination on the lands due to the application of road salt while the lands were used as a publicly travelled highway. The Owner has completed a Record of Site Condition for the redundant portion of Howe Dive which has been acknowledged by the Ministry of the Environment without conditions (Appendix D). The Site Plan Review Committee has issued Approval in Principle for two multiple dwelling buildings at 185 Windale Crescent, subject to Zone Change Application ZC11/002/W/GS being approved to lift Holding Provision 52H, and subject to Part Lot Control Application PLC11/003/W/EB to create one single detached lot from Block 46 of plan 58M-442 receiving final approval. Part Lot Control Application PLC11/003/W/EB was approved by Kitchener City Council on June 27, 2011. At this time, the Deputy CAO of Community Services is satisfied that the Owner has satisfied the requirements of Holding Provision 52H. ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN: The proposed zone change to lift the holding provision is required prior to the development of the subject site and will align with the Kitchener Strategic Plan as it ensures the implementation of the Development community priority with comprehensive redevelopment that is consistent with Provincial, Regional and City planning policies. FINANCIAL IMPLICATIONS: There are no financial implications to the City. COMMUNITY ENGAGEMENT: Notice of the August 15, 2011 Planning and Strategic Initiatives Committee Meeting (public meeting) will be advertised in The Record on July 22, 2011 (see Appendix C). No neighbourhood circulation is required to remove a Holding Provision. CONCLUSION: Planning staff is of the opinion that the proposed zone change to remove Holding Provision 52H is appropriate at this time as the requirements to release the Holding Provision have been met. The proposed zone change is good planning and Planning Staff recommend approval of the application as outlined in the Recommendation section of this report. REVIEWED BY: Della Ross, Manager of Development Review ACKNOWLEDGED BY: Alain Pinard, Acting Deputy CAO Community Services Department Attachments Appendix A -Proposed Zoning By-law dated July 13, 2011 Appendix B -Map No.1 Appendix C -Newspaper Advertisement Appendix D -Letter from the Ministry of the Environment Appendix E -Holding Provision 52H, Zoning By-law 85-1 4- 2 Report No. CSD-11® Y ®L Appendix ,< « July 13, °11 BY-LAW NUMBER ®F THE CCRPCRATI®N CF THE CITY ®F Kl-fCHNER (Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener Mansoura Development Inc. ®Windale Crescent) WHEREAS it is deemed expedient to amend By-law 85-1; N®W THEREF®RE the Council of The Corporation of the City of Kitchener enacts as follows: 1. Schedule No. 68 of Appendix "A" to By-law Number 85-1 is hereby amended by changing the zoning applicable to the parcel of land specified and illustrated as the Subject Area on Map No. 1, in the City of Kitchener, attached hereto from Residential Six Zone (R-6) with Special Regulation Provision 444R and Holding Provision 52H to Residential Six Zone (R-6) with Special Regulation Provision 444 R. 2. Schedule No. 68 of Appendix "A" to By-law Number 85-1 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 2011. Mayor Clerk 4-3 ~~p~rk ~1®. ~~~tl11® Appendix " " Z ~ ~ ~ v <F V Z Z O O m ~ ~ ~ O ~.O wa=tea zz,i,~-z OOZwO w z Xr~-Og¢F ~~(n N..l X~ ~> w ~ O Q Z _ -i Q W~~ W ~ N ZO N J O Zed. C~ m _ ¢ ~...J W W o¢zza 3 ~w wz oz o ~Wf~ww o g m g0 ~~ NOZN ~O ~ ~O~ W Z > OOOO~ZZp~ tIJ Q WS~S~Os~s WSQh-S Wes- Z QZ U6WOZ_~W~JoJJ Z ~Z ZQQQQ ~ O WO ~ XN ~ R'}} O ~f-QQ~F-3-1-t- F U .. ,. Z ~w~W ZWC90~ap.QZZZz wU?mOUrn~wwww O~o~ ¢ W ~OaW Z~~~~mWf y m w~0.2 ZSQU OWXwO~a'4WWWW Uv~wZUaO=~~tt~ N ONNOY vciw=iddd~~~~ ~~ ~ W P . \ ~, , r> ~ ~ . ~ _. ;~ ~ ~„ . i ! \ v~Y w i ~~p, ~~ %' "~ _ '" ~, ~ 1s- ~; , ~ ~ ,=, ~ ~ \ ` ~O ~ / ~ ~ ss~ ti ~\ / ~ W h Z O ~,., ~ ~., d `" .\ ~~ ;,~ i i" / ~'~ ~'" i a. ova Nv~a ~~a ~Q y' ~ `'~~~ 8~ N N Z ®_ ~ U ~ Q 0 Q ~_~ W /ry ~ ~ Z ~® N Q U LLf ® ~ ® ~ 1 O N V 0 0 r ~ W N 'n ~ O d' W p N ~ ~. r ~ o W (A U ~ Z . F- O W W Z ~ ~ ~" U A O Y. W J Q ~ Z_ ~ ~ O °O ~ ~ Z ~ 4-4 Report No. C5~-11_ ~t Appendix "". Advertised in The Record -July 22, 2011 PR®PERTY ®WNERS ANA INTERESTED PP,RTIES ARE INVITED TO A AND A PU13LiC MEETING T® ®ISCUSS PROPOSED AMENDMENTS TO THE KITCHENER BONING SY-LAW UNDER SECTION 34 OF THE PLANNING ACT 1%7 185 Windale Crescent The purpose of this application is to remove Holding Provision 52H. The Holding. Provision was placed on the lands until a redundant portion of Howe Drive was closed and sold. The requirement has now been completed. The public meeting will be held by the City's Planning and Strategic Initiatives Committee, a Committee of Council which deals with planning matters on: MONDAY, AUGUST 15, 2011 at 7:00. P.M. COUNCIL CHAMBERS, 2"d FLOOR, CITY HALL 200 KING STREET WEST, KITCHENER. Any person may attend the Public Meeting and. make written and/or verbal representation either in support of, or in opposition to, the above noted proposal. If a person or public body that files a notice of appeal of a decision, does not make oral submissions at this public meeting or make a written submission prior to approval/refusal of this, the Ontario Municipal Board may dismiss all or part of a subsequent appeal. ADDITIONAL INFORMATION is available by contacting the appropriate staff person noted below, viewing the report contained in the meeting agenda (available at www.kitchener.ca on the Friday afternoon prior to the meeting -click on the meeting date in the Calendar of Events), or in person at the Planning Division, 6t" Floor, City Hall, 200 King Street West, Kitchener between 8:30 a.m. - 5:00 p.m. (Monday to Friday). Garett Stevenson, Planning Technician - 519-741-3400 x 3158 (TTY: 1-806-969-9994), garett.stevenson@kitchener.ca 4-5 ~epOrt NO. C~D~11~ 6~ Appendix. "" Ministry of the Environment Ministers de PEnvir®nnement Direction des evaluations et des autorisations environnementales Direction des evaluations et des autorisations environnementales Stage 12A 2 av St Clair O Toronto ON M4V 1 L5 Telecapieur : (416)314-8452 TeL(416)326-2945 Environmental Assessment and Approvals Branch Program Services Section Approvals and Brownfields Support Unit Environmental Assessment and Approvals Branch Floor 12A 2 St Clair Ave W Toronto ON M4V 1 L5 Fax: (416)314-8452 Tel: (416)826-2945 Via Fax: (416)499-4535 June 6, 2011 Edmund Farrage Mansoura Development Inc. Suite 510 ®111 Gordon Baker Rd Norh York, Ontario, M2H 3R1 Dear Edmund Farrage: Re: Acknowledgement of Filing of Record of Site Condition (RSC) Record of Site Condition Number 105520 IDS Filing Number 8063-8HKPPB Pursuant to Subsection 168.4 (3) of the Environmental Protection Act ,this is to advise you that a Record of Site Condition for Part: 1, Reference Plan: 58R-16350, Kitchener, Regional Municipality of Waterloo -Firstly Pt Lt 47 German Company Tract Kitchener, Being Part 1, Plan 58R-16350, Formerly part of Ilowe Drive (Closed by Bylaw #2010-047, Instrument WR597924), Kitchener, Subject to an easement in gross over Part 1 on 58R-16350 as in WR598124, subject to an easement as in WR604372 reserving an easement in gross in favour of the transferor over all of the lands transfered herein. was filed on the Environmental Site Registry on June 6, 2011. SAAB, Site Registry Office c: Marian S. Molodecki, Peto MacCallum Ltd., Consulting Engineers Fax: (519)893-0654 Jane Glassco, District Manager, MOE Guelph Distric Office Fax: (519)826-4286 4-6 Rep®rt N®. CS®-11m APPPNDIX "P" - H~L®IN~ PRCVISI®NS P®R SI'ECIFtC LANDS Appendix "" 52. Notwithstanding Section 40.1 of this By-law, within the lands zoned R-6 shown as affected by this subsection on ScheduEe 68 of Appendix "A» (Area 5 on Map No. 1}, none. of the uses permitted by the R-6 Zone shall be permitted until such time as the disposition of the redundant portion of Howe Drive is dealt with to the satisfaction of the general Manager of Development and Technical Services. (By-law 2006-133, S.4) (Howe Drive) City of Kitchener Zoning By-iaw 85-1 t3ffice Consoiidation: June 19. 2006 4-7