HomeMy WebLinkAboutCSD-12-014 - Subdivision ZC - Old Zeller Drive- Fairway Road N~.?, Staff Repvr~
Kl~rc,n~:r~'~:R Commcrnrry5ervicesDepartmenr www.kitthenertn
REPORT TO: Council
DATE OF MEETING: January 16, 2012
SUBMITTED BY: Alain Pinard, Director of Planning
PREPARED BY: Katie Anderl, Senior Planner, 519-741-2987
WARD(S) INVOLVED: Ward 2
DATE OF REPORT: January 11, 2012
REPORT NO.: CSD-12-014
SUBJECT: DRAFT PLAN OF SUBDIVISION 30T-10202
ZONE CHANGE APPLICATION ZC10/08/Z/KA
OLD ZELLER DRIVE/FAIRWAY ROAD NORTH
OWNER: ROCKWAY HOLDINGS LIMITED & GRAND
RIVER CONSERVATION AUTHORITY
RECOMMENDATION:
That Zone Change Application ZC10/08/Z/KA for Rockway Holdings Limited for the
purpose of changing the zoning from Agricultural Zone (A-1) with Special Use Provision
69U and Special Regulation Provision 107R, and from Hazard Land Zone (P-3) to
Residential Three Zone (R-3), Residential Four Zone (R-4), Residential Six Zone (R-6),
Public Park Zone (P-1) and Hazard Land Zone (P-3) with site specific special provisions
be approved in the form shown in the "Proposed By-law" dated January 10, 2012
attached to Report CDS 12-014 as Appendix `A'; AND FURTHER
That the City of Kitchener, pursuant to Section 51 (31) of the Planning Act R.S.O. 1990,
Chapter P 13 as amended, and delegation by-law 2002-64, grant draft approval to Plan of
Subdivision Application 30T-10202 in the City of Kitchener, for Rockway Holdings Limited,
subject to the conditions outlined in Report CSD-12-002.
REPORT:
Pursuant to the discussion at the Planning and Strategic Initiatives Committee meeting of
January 9, 2012 the recommendations related to the Zone Change Application ZC10/08/Z/KA
contained in Report CSD 12-002 have been revised. The recommendation regarding the
subdivision remains unchanged and should continue to reference the conditions contained in
Report CSD 12-002.
Further to the discussion of January 9, 2012, staff have drafted a revised Proposed Zoning By-
law and Map 1 attached as Appendix `A'. The revised by-law includes the provision of
convenience commercial and personal service uses, with the exclusion of dry-cleaning, in the
multiple residential blocks located along Fairway Road North. These uses are compatible with
multiple residential types of development and can be effectively incorporated into amixed-use
site. Inclusion of such uses would help to establish a complete community by providing local
commercial and service uses for residents.
ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN:
This proposal supports development of our community and will align with the Kitchener Strategic
Plan as it ensures the implementation of the community priority Development.
FINANCIAL IMPLICATIONS:
There are no financial implications related to this report.
COMMUNITY ENGAGEMENT:
Community engagement beyond that undertaken through the associated Subdivision and Zone
Change process is not required.
REVIEWED BY: Della Ross, Manager of Development Review
ACKNOWLEDGED BY: Jeff Willmer, Deputy CAO
Community Services Department
Appendices:
`A' -Proposed By-law and Map 1
Appendix "A"
PROPOSED BY -LAW
January 10, 2012
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 -
Rockway Holdings Limited. -Old Zeller Drive)
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 Nos. 271 and 292 of Appendix "A" to By-law Number 85-1 are hereby
amended by changing the zoning applicable to the parcel of land specified and
illustrated as Area 1 on Map No. 1, in the City of Kitchener, attached hereto, from
Agricultural Zone (A-1) with Special Use Provision 69U and Special Regulation
Provision 107R to Residential Three Zone (R-3) with Special Regulation Provision
1 R and Special Regulation Provision 597R.
2. Schedule No. 292 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
Area 2 on Map No. 1, in the City of Kitchener, attached hereto, from Agricultural
Zone (A-1) with Special Use Provision 69U and Special Regulation Provision 107R
to Residential Three Zone (R-3) with Special Regulation Provision 1 R, Special
Regulation Provision 597R and Holding Provision 62H.
3. Schedule Nos. 271, 272, and 292 of Appendix "A" to By-law Number 85-1 are
hereby amended by changing the zoning applicable to the parcels of land specified
and illustrated as Area 3 on Map No. 1, in the City of Kitchener, attached hereto,
from Agricultural Zone (A-1) with Special Use Provision 69U and Special Regulation
Provision 107R to Residential Four Zone (R-4) with Special Regulation Provision
597R.
4. Schedule Nos. 271, and 292 of Appendix "A" to By-law Number 85-1 are hereby
amended by changing the zoning applicable to the parcels of land specified and
illustrated as Area 4 on Map No. 1, in the City of Kitchener, attached hereto, from
Agricultural Zone (A-1) with Special Use Provision 69U and Special Regulation
Provision 107R to Residential Four Zone (R-4) with Special Regulation Provision
597R and Holding Provision 62H.
Appendix "A"
5. Schedule Nos. 291 and 292 of Appendix "A" to By-law Number 85-1 are hereby
amended by changing the zoning applicable to the parcel of land specified and
illustrated as Area 5 on Map No. 1, in the City of Kitchener, attached hereto, from
Agricultural Zone (A-1) with Special Use Provision 69U and Special Regulation
Provision 107R to Residential Four Zone (R-4) with Special Regulation Provision
1 R, Special Regulation Provision 597R and Holding Provision 62H.
6. Schedule Nos. 270, 271 and 272 of Appendix "A" to By-law Number 85-1 are
hereby amended by changing the zoning applicable to the parcels of land specified
and illustrated as Area 6 on Map No. 1, in the City of Kitchener, attached hereto,
from Agricultural Zone (A-1) with Special Use Provision 69U and Special Regulation
Provision 107R to Residential Six Zone (R-6) with Special Regulation Provision
597R.
7. Schedule No. 270 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
Area 7 on Map No. 1, in the City of Kitchener, attached hereto, from Hazard Land
Zone (P-3) to Residential Six Zone (R-6), with Special Regulation Provision 597R.
8. Schedule No. 272 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
Area 8 on Map No. 1, in the City of Kitchener, attached hereto, from Agricultural
Zone (A-1) with Special Use Provision 69U and Special Regulation Provision 107R
to Residential Six Zone (R-6), with Special Regulation Provision 596R, Special
Regulation Provision 597R and Special Use Provision 419U.
9. Schedule Nos. 271, 272, 291 and 292 of Appendix "A" to By-law Number 85-1 are
hereby amended by changing the zoning applicable to the parcel of land specified
and illustrated as Area 9 on Map No. 1, in the City of Kitchener, attached hereto,
from Agricultural Zone (A-1) with Special Use Provision 69U and Special Regulation
Provision 107R to Residential Six Zone (R-6), with Special Regulation Provision 1 R,
Special Regulation Provision 596R, Special Regulation Provision 597R, Special
Use Provision 419U and Holding Provision 62H.
10. Schedule Nos. 271 and 272 of Appendix "A" to By-law Number 85-1 are hereby
amended by changing the zoning applicable to the parcels of land specified and
illustrated as Area 10 on Map No. 1, in the City of Kitchener, attached hereto, from
Agricultural Zone (A-1) with Special Use Provision 69U and Special Regulation
Provision 107R to Public Park Zone (P-1).
Appendix "A"
11. Schedule Nos. 270, 271 and 292 of Appendix "A" to By-law Number 85-1 are
hereby amended by changing the zoning applicable to the parcels of land specified
and illustrated as Area 11 on Map No. 1, in the City of Kitchener, attached hereto,
from Agricultural Zone (A-1) with Special Use Provision 69U and Special Regulation
Provision 107R to Public Park Zone (P-1) with Special Regulation Provision 1 R.
12. Schedule Nos. 270, 271 and 292 of Appendix "A" to By-law Number 85-1 are
hereby amended by changing the zoning applicable to the parcel of land specified
and illustrated as Area 12 on Map No. 1, in the City of Kitchener, attached hereto,
from Hazard Land Zone (P-3) to Public Park Zone (P-1) with Special Regulation
Provision 1 R.
13. Schedule No. 292 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
Area 13 on Map No. 1, in the City of Kitchener, attached hereto, from Agricultural
Zone (A-1) with Special Use Provision 69U and Special Regulation Provision 107R
to Public Park Zone (P-1) with Special Regulation Provision 1R and with Holding
Provision 62H.
14. Schedule Nos. 291 and 292 of Appendix "A" to By-law Number 85-1 are hereby
amended by changing the zoning applicable to the parcel of land specified and
illustrated as Area 14 on Map No. 1, in the City of Kitchener, attached hereto, from
Agricultural Zone (A-1) with Special Use Provision 69U and Special Regulation
Provision 107R to Hazard Land Zone (P-3).
15. Schedule Nos. 291 and 292 of Appendix "A" to By-law Number 85-1 are hereby
amended by changing the zoning applicable to the parcel of land specified and
illustrated as Area 15 on Map No. 1, in the City of Kitchener, attached hereto, from
Agricultural Zone (A-1) with Special Use Provision 69U and Special Regulation
Provision 107R to Hazard Land Zone (P-3) with Holding Provision 62H.
16. Schedule Nos. 270, 271, 272, 291 and 292 of Appendix "A" to By-law Number 85-1
are hereby further amended by incorporating additional zone boundaries as shown
on Map No. 1 attached hereto.
17. Appendix "C" to By-law 85-1 is hereby amended by adding Section 419U thereto as
follows:
"419U. Notwithstanding Section 40.1 within the lands zoned R-6 as shown as
affected by this subsection on Schedules 271, 272, 291 and 292 convenience retail
and personal services (except dry cleaning), shall be permitted within a multiple
dwelling or a residential care facility. The maximum total gross leaseable
Appendix "A"
commercial space shall not exceed 20% of the gross floor area and such uses shall
only be permitted to be located on the ground floor. No single outlet shall exceed
225.0 square metres.
18. Appendix "D" to By-law 85-1 is hereby amended by adding Section 596R thereto
as follows:
"596R. Notwithstanding Sections 40.2.6 and 5.24 within the lands zoned R-6 as
shown as affected by this subsection on Schedules 271, 272, 291, 292 the
maximum permitted height of a multiple dwelling shall be 12.0 metres, a private
patio area shall not be required for ground floor units abutting Fairway Road
North, the minimum setback to Fairway Road North shall be 7.5 metres and the
maximum setback to Fairway Road North shall be 12.0 metres. Any multiple
dwelling located less than 12.0 metres from Fairway Road North (an arterial
road) shall have a central air conditioning system, double glazed windows and
EW1 exterior wall type pursuant to the Supplementary Standard SB-3 of the
Ontario Building Code or equivalent material as approved by the City's Chief
Building Official.
19. Appendix "D" to By-law 85-1 is hereby amended by adding Section 597R thereto
as follows:
"597R. Notwithstanding anything else in this by-law, geothermal wells shall not
be permitted on lands affected by this subsection."
20. Appendix "F" to By-law 85-1 is hereby amended by adding Section 62H thereto
as follows:
"62H. Notwithstanding Sections 37.1, 38.1, 40.1, 27.1 and 29.1 of this By-law,
within the lands shown as affected by this subsection on Schedules 271, 272,
291, 292 of Appendix "A", no residential uses, sensitive land uses in accordance
with the Guidelines for the Decommissioning and Clean-up of sites in Ontario, or
use as a stormwater management pond, shall be permitted until such time as the
City of Kitchener and the Regional Municipality of Waterloo are in receipt of a
Record of Site Condition, prepared in accordance with the Guideline for the
Decommissioning and Clean-up of sites in Ontario and acknowledged by the
Ministry of the Environment, confirming that the subject property is suitable for
residential and other sensitive land uses; and the holding symbol affecting these
lands has been removed by By-law."
Appendix "A"
PASSED at the Council Chambers in the City of Kitchener this
day of
2012
Mayor
Clerk
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