The URL can be used to link to this page

Home My WebLink AboutCSD-13-048 - Zone Change Application - 1 Adam St REPORT TO:Community and Infrastructure Services Committee DATE OF MEETING:May 27, 2013 SUBMITTED BY:Alain Pinard, Director of Planning PREPARED BY:Andrew Pinnell, Senior Planner (519) 741-2200 ext. 7668 WARDINVOLVED:Ward 10 DATE OF REPORT:April 30, 2013 REPORT NO.:CSD-13-048 SUBJECT:ZONE CHANGE APPLICATION ZC13/04/A/AP 1ADAM STREET; 175, 217, 225 ST. LEGER STREET; 316, 320, 340 LOUISA STREET 1841362 ONTARIO INC. RECOMMENDATION: That Zone Change Application ZC13/04/A/AP (1 Adam Street, and 175, 217, 225 St. Leger Street, and 316, 320, 340 Louisa Street; 184136 Ontario Inc.) for the purpose of changing the zoning by removing Holding Provisions 21H and 48H from the lands specified in the attached Map No.1, in the foProposed By-dated April 30, 2013, attached to the Report CSD-13-048as Appendix A, be approved. 10 - 1 REPORT: In June 2012 the applicant received approval from the City for an Official Plan Amendment, Zone Change Application, and Draft Plan of Subdivision Application (including a minor modification in April 2013) related to the proposed redevelopment of the subject lands with approximately 220 townhouses and 677 apartment units. At the time of the abovementioned Zone Change, Holding Provisions 21H and 48H were retained within the zoning of the property to prohibit residential and day care uses until such time as a Record of Site Condition (RSC) is prepared and acknowledged by the Ministry of the Environment (MOE) to review the potential adverse allow such uses (see environmental condition or constraints caused by previous and nearby industrial uses. The City and Region are in receipt of an RSC that has been acknowledged by the MOE confirming that the majority, though not the whole of the lands, are suitable for residential and day care uses The portion of the site that has been cleared through the RSC process includes a proposed public park with frontage on Louisa Street that will be conveyed to the City through the subdivision registration process. In addition, the City is in receipt of documentation from the Region The applicant is now requesting to remove the holding provisions from the portion of the property that has been acknowledged by the MOE in order to allow the majority of the site to be developed Holding Provision 21H shall continue to apply to the portion of the site at the corner of Louisa Street and St. Leger Street. These lands correspond to Stage 2 of the recently approved modification to FPlanning staff understands that an RSC has been submitted to the MOE for these lands but that the MOE has not yet acknowledged this document to allow residential and day care uses at this time. The applicant anticipates filing a subsequent Zone Change Application in the near future to remove the holding provision that applies to to the remainder of the lands, once the MOE acknowledges the RSC for these lands. In this regard, Planning staff recommends lifting Holding Provisions 21H and 48H from the lands shown on Map No.1 contained within AppeA ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN: The requested Zone Change to lift the holding provisions is required prior to the development of the subject lands. The Zone Change aligns with the Kitchener Strategic Plan as it ensures the implementation of the community priority Development. The Zone Change will allow 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 intention to pass a by-law to lift the holding provisions will be advertised in The Record on May 3, 2013 (see Appendix Engagement Strategy. Under the Planning Act no statutory public meeting is required for zone change amendments to lift a holding provision, and no neighbourhood circulation is required. CONCLUSION: Planning staff is of the opinion that the requested ZoneChange to remove Holding Provisions 21H and 48H from the lands specified in the attached Map No.1 is appropriate at this time since the requirements to release the holding provisions have been met. Planning staff recommends approval of the application as outlined in the Recommendation section of this report. 10 - 2 REVIEWED BY: Della Ross, Manager of Development Review ACKNOWLEDGED BY:Michael May, Deputy CAO Community Services Department Attachments Appendix A - Proposed Zoning By-law including Map No.1, dated April 30, 2013 Appendix B - Newspaper Advertisement Appendix C - MOE Acknowledgement Letter Appendix D - Documentation from the Regional Municipality of Waterloo Appendix E - Holding Provisions 21H and 48H, Zoning By-law 85-1 Appendix F - Approved Modification to Draft Plan of Subdivision 30T-11203 10 - 3 10 - 4 10 - 5 SCHEDULE 122 SCHEDULE 83 10 - 6 1 Adam Street, and 175, 217, 225 St. Leger Street, and 316, 320, 340 Louisa Street Zone Change Application ZC13/04/A/AP ADDITIONAL INFORMATION 10 - 7 10 - 8 10 - 9 10 - 10 10 - 11 10 - 12 APPENDIX “F” - HOLDING PROVISIONS FOR SPECIFIC LANDS 21. Notwithstanding Sections 40.1 and 42.1 of this by-law, within the lands zoned R-6 and R-8 on Schedules 85, 86, 124 and 125 of Appendix “A”, being all or part of the properties described as Lots 461 to 463 and 533, Plan 376, Part Lots 460, 464 to 466 and 526 to 532, Plan 376, Part Park Lot N, Plan 376 and Part Lot 38, Streets and Lanes being Parts 1 to 6, 8 and 10 on Plan 58R- 1672; Part Park Lots M and N, Plan 376 being Parts 1 and 2 on Plan 58R-1278; Part Park Lot M, Plan 376, being Part 1 on Plan 58R- 4897; and Part Lots 522 to 532, Plan 376, Part Park Lots M and N, Plan 376 and Part Lot 4, Plan 373, being Part 1 on Plan 58R-9809 and Parts 1 and 2 on Plan 58R-10088, in the City of Kitchener, day care and any form of residential use shall not be permitted until such time as: i) The City of Kitchener and the Regional Municipality of Waterloo are in receipt of a Record of Site Condition, preparedinaccordance with the Guideline for Use at Contaminated Sites in Ontario and acknowledged by the Ministry of the Environment, confirming that the subject property is suitable for day care or residential purposes; and ii) The City of Kitchener is in receipt of a letter from the Regional Municipality of Waterloo, on’s requirements have been satisfied with allowing residential use, advising that the Regi having considered the potential adverse environmental condition or constraints caused by nearby industrial uses; and iii) The holding symbol affecting these lands has been removed by By-law. (By-law 2004-27, S.9) (Louisa Street and St. Leger Street) City of Kitchener Zoning By-law 85-1 Office Consolidation: February 9, 2004 10 - 13 APPENDIX “F” - HOLDING PROVISIONS FOR SPECIFIC LANDS 48. Notwithstanding Section 40.1 of this by-law, within the lands zoned R-6 on Schedules 86 and 124 of Appendix “A”, being all or part of the properties described as Part Lots 458 and 459, Plan 376, in the City of Kitchener, day care use or an y additional dwelling units shall not be permitted until such time as: i) 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 Use at Contaminated Sites in Ontario and acknowledged by the Ministry of the Environment, for this property or the adjacent former industrial property, confirming that the subject property is suitable for day care or residential use; and ii) The holding symbol affecting these lands has been removed by By-law. (By-law 2004-27, S. 10) (Louisa Street and St. Leger Street) City of Kitchener Zoning By-law 85-1 Office Consolidation: February 9, 2004 10 - 14 10 - 15