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Home My WebLink AboutCSD-13-019 - Zone Change - 5 Rittenhouse RoadStaff Report K[�c,� Community Services Department w :kirchenera REPORT TO: Planning and Strategic Initiatives Committee DATE OF MEETING: March 18, 2013 SUBMITTED BY: Alain Pinard, Director of Planning PREPARED BY: Alexandra Pires, Planner (519) 741 -2200 ext. 7071 1►d/e1V oil 101061 Avl ;l UTFWR11.1 DATE OF REPORT: February 14, 2013 REPORT NO.: CSD -13 -019 SUBJECT: ZONE CHANGE APPLICATION ZC13 /03 /R /ATP 5 RITTENHOUSE ROAD 5 RITTENHOUSE INC. 00 BLOCK L1NE R� `UBJECT� REA �S 06 ��,�L .hr C J�� C Subject Property: 5 Rittenhouse Road RECOMMENDATION: That Zone Change Application ZC13 /03 /R /ATP (5 Rittenhouse Road, 5 Rittenhouse Inc.) for the purpose of changing the zoning from Residential Nine Zone (R -9) with Special Regulation Provision 505R and Holding Provision 59H to Residential Nine Zone (R -9) with Special Regulation 505R, in the form shown in the "Proposed By -law" dated February 14, 2013, attached to the Report CSD -13 -019 as Appendix A, be approved. 1- 1 Staff Report K[�c,� Community Services Department w :kitchenera REPORT: The lands municipally addressed as 5 Rittenhouse Road are currently zoned Residential Nine (R -9) with Special Regulation Provision 505R and Holding Provision 59H. Holding Provision 59H restricts all uses permitted by the R -9 Zone until such time as a Traffic and Stationary noise study is submitted and approved to the satisfaction of the Regional Commissioner of Planning, Housing and Community Services. In order to develop the subject lands, the applicant is requesting the removal of this Holding Provision. The City of Kitchener Site Plan Review Committee has issued Approval in Principle for the development of two multiple dwelling buildings at 5 Rittenhouse Road. One of the conditions for final site plan approval is that Holding Provision 59H be lifted through a zone change approval process. Regional staff has advised that the applicant has submitted a traffic and stationary noise study which examined traffic noise on Block Line Road and stationary noise from the surrounding area. The study has been approved to their satisfaction and as such, the Region has provided clearance to lift the Holding Provision. Requirements of the approved noise study will be implemented at the condominium approval stage. City staff is satisfied that the owner has fulfilled the requirements of Holding Provision 59H, which can now be removed from the subject property. 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. 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 March 18, 2013 Planning and Strategic Initiatives Committee Meeting (public meeting) will be advertised in The Record on February 22, 2013 (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 59H 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: Michael May, Deputy CAO Community Services Department Attachments Appendix A - Proposed Zoning By -law dated February 14, 2013 Appendix B - Map No.1 1 -2 Staff Report K[�c,� Community Services Department wwkirchenera Appendix C - Newspaper Advertisement Appendix D - Letter from the Regional Municipality of Waterloo Appendix E - Holding Provision 59H, Zoning By -law 85 -1 1 -3 Report No. CSID Appendix PROPOSED BY — LAW FEBRUARY 14, 2013 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 — 5 Rittenhouse Inc. — 5 Rittenhouse Road) 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 No. 114 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 Nine Zone (R-9) with Special Regulation Provision 505R and Holding Provision 59H to Residential Nine Zone (R-9) with Special Regulation Provision 505R. PASSED at the Council Chambers in the City of Kitchener this day of ,2013. Mayor Clerk 1-4 Report No. CSD -13 --oiq Appendix "S " �{z f.. < LL rU.i M i°a v°) O 0 o CO �V) U r �o U Z 00: L � Q.. w (V C7 OZNWZ ZO z W O Z z O Z N Z z Zg°W3 0W s.g -,:D5z=) -'z � a co ¢ w �-- F'cc 0: wo Zz zW Q �z Z-j ¢ J wz O WOZ U Z 0QZZQ W �? WNZO NO (gUESWV w } 2,wwwNSW ~ iF- wa-, Z m VOZtr °XOZ 2 J It ix Q ��=wr Z� z WQ)NF= -Ov�wz W �- .Fia LO 001 =Z�p~ u Tao zg ZZZaa o Q V o Q LL >QF-c$ wZXN ZZ¢¢.zzzzz N icn O W O E = W w W W w W W JZW �'2zooccg W 14-2 W C7 p 2 W Z W to tq to in in !\.1/1 O a' m Z =QV OVOUOWWWWWW Z f. — c7 N O� w N °Nco02 Ulu?C2 N Q vl U VS4 � 1 w Vr Z o M r3,gi1"In h 1 ,y •� �a 1 ar J N LL ty 3V' V+�P W N 00d O W j N W O Z. C1 ° W w W a O V fn wl� � •" a O�2 �'. JI U, 1 � % V Q: 1 � W N d a o If U + W u) � 5 , g D O 1 1 t0 n e = Z Z UJ W F- 2 F- £ F- ttri « Ln 1 -_S Report No. CSD- 13.0119 Appendix "C " Advertised in The Record — February 22, 2013 PLANNING MATTERS: PROPERTY OWNERS AND INTERESTED PARTIES ARE INVITED TO ATTEND A PUBLIC MEETING TO DISCUSS PROPOSED AMENDMENTS TO THE KITCHENER ZONING BY -LAW UNDER SECTION 34 OF THE PLANNING ACT 5 Rittenhouse Road The purpose of this application is to remove Holding Provision 59H from the lands. Holding Provision 59H obligated the owner to submit a Traffic and Stationary noise study to the satisfaction of the Regional Municipality of Waterloo. A study has been submitted and approved by the Regional Municipality of Waterloo. 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, MARCH 18, 2013 at 7:00 P.M. COUNCIL CHAMBERS, 2nd 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 proposal, 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 on the Friday afternoon prior to the meeting, in the calendar section of the website http: / /www.kitchener.ca /calendar /calendarEvent.aspx), or in person at the Community Services Department - Planning Division, 6 Floor, City Hall, 200 King Street West, Kitchener between 8:30 a.m. - 5:00 p.m. (Monday to Friday). Alexandra Pires, Planner - 519 - 741 -2200 x 7071 (TTY: 1- 866 - 969- 9994), alexandra.pires @kitchener.ca 1 -6 fit Region of Waterloo Alain Pinard, Director of Planning Community Services Department- Planning Division City of Kitchener City Hall, P.O. Box 1118 200 King St. West Kitchener, ON N20 4G7 Dear Mr. Pinard, Report No. CSD -13 -019 Appendix "J) " FLANNING, HOUSING AND COMMUNITY SERVICES 150 Frederick Street, 8th Floor Kitchener ON N2G 4J3 Canada Telephone: 5197575-4533 TTY: 519- 575 -4608 Fax: 519- 575 -4449 www.regionofwaterloo.ca Craig Hockaday 575 -4757 ext 3120 File: C14- 60/2/13005 February 13, 2013 Re: Regional: Release of Holding Provision ZC13 -05 -R -ATP 5 Rittenhouse Road 5 Rittenhouse Inc. CITY OF KITCHENER At the November 23, 2009 Council meeting, the Council of the City of Kitchener passed By -law 2009 -164 which amended the zoning of the subject lands, municipally known as 5 Rittenhouse Road from C -3 to R -9 with site specific Special Provisions and Holding Provision 59H. Once the (H) Holding Provision is removed, the amendment will permit the development of 105 residential units contained in two apartment buildings. Specifically, Holding Provision 59H in By -law 2009 -164 indicates: Notwithstanding Section 43.1 of this By -law within the lands zoned R -9 shown as affected by this subsection on Schedule No. 114 of Appendix A, none of the uses permitted by the R -9 Zone shall be permitted until such time as a Traffic and Stationary noise study is submitted and approved to the satisfaction of the Regional Commissioner of Planning Housing and Community Services, This Holding Provision shall not be removed until the City of Kitchener is in receipt of a letter from the Regional Commissioner of Planning Housing and Community Services advising that such noise study has been approved or is no longer required. Regional Community Planning and Transportation Planning staff have reviewed the noise study entitled "Rittenhouse Apartments Kitchener, Ontario Acoustical Study', updated January, 2013, prepared by'IBl Group in conjunction with an email dated Feb 11, 2013 from Scott Lang IBI Group, and concur with the report's recommendations. The report has determined that the predicted noise levels for the residential units exceed the permitted noise levels. The study has examined traffic noise on Block Line Road and stationary noise from the existing grocery store loading dock located #o the east of the proposed development. DOCS 1359053 1 of 2 1 -7 The Noise Assessment has concluded the following for all Units within Buildings A and B: 1) That the Developer agrees that all Units shall be fitted with a forced air - ducted heating system suitably sized and designed to permit the future installation of a central air conditioning system by the occupants; and, 2) That the Developer agrees to include the following clause in all offers of purchase and sale, and/or tenancy agreements for all Units: a) `Due to the proximity to Block Line Road, projected noise levels on this property exceed the Noise Level Objectives approved by the Regional Municipality of Waterloo and may cause concern to some individuals. Moreover, this dwelling has been fitted with a forced air - ducted heating system suitably sized and designed to permit the future installation of a central air conditioning system by the occupants. " As part of a potential future draft plan of condominium, the provision for a forced air - ducted heating system and noise warning clause will be required to be implemented through a registered development agreement with the City of Kitchener and included in a Condominium Declaration. No other concerns were identified at this time. Should you have any questions, please do not hesitate to contact the undersigned. Yours truly, ,,din Curtis, PhD, MCIP, RPP Manager, Reurbanization Planning cc. Alexandra Pires, City of Kitchener Zac Zehr, ABA Architects Gordon Schembri, Owner DOCS 1359053 2 of 2 1 -8 Report too. CSD- 13 -0tj APPENDIX "F" - HOLDING PROVISIONS FOR SPECIFIC LANDS Appendix "E" 59. Notwithstanding Section 43.1 of this By -law, within the lands zoned R -9, shown as affected by this subsection on Schedule No. 114 of Appendix "A ", none of the uses permitted by the R -9 Zone shall be permitted until such time as a Traffic and Stationary noise study is submitted and approved to the satisfaction of the Regional Commissioner of Planning, Housing and Community Services. This Holding Provision shall not be removed until the City of Kitchener is in receipt of a letter from the Regional Commissioner of Planning, Housing and Community Services advising that such noise study has been approved or is no longer required. (By -law 2009 -164, S.4) (5 Rittenhouse Road) City of Kitchener Zoning By -law 85 -1 Office Consolidation: November 23, 2009 J