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HomeMy WebLinkAboutCSD-15-056 - ZCA - Northwesst Corner of Loisa St & St Leger St - 1841362 Ont Inc Staff Report ��c t R Community Services Department wmkitchene►:ca REPORT TO: Community & Infrastructure Services Committee DATE OF MEETING: June 15, 2015 SUBMITTED BY: Alain Pinard, Director of Planning PREPARED BY: Andrew Pinnell, Planner, 519-741-2200 ext. 7668 WARD INVOLVED: Ward 10 DATE OF REPORT: May 6, 2015 REPORT NO.: CSD-15-056 SUBJECT: ZONE CHANGE APPLICATION ZC15/012/L/AP NORTHWEST CORNER OF LOUISA STREET AND ST. LEGER STREET 1841362 ONTARIO INC. \ S BJECT C �R� PERTY/_ IGI 0 RECOMMENDATION: That Zone Change Application ZC15/012/L/AP (northwest corner of Louisa Street and St. Leger Street; 1841362 Ontario Inc.) for the purpose of changing the zoning by removing Holding Provision 21H from the lands specified in the attached Map No.1, in the form shown in the "Proposed By-law" dated May 1, 2015, attached to the Report CSD-15-056 as Appendix A, be approved. ***This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. 8 - 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 (and minor modification in April 2013) proposing the redevelopment of the subject lands with approximately 220 townhouses and 677 apartment units. At the time of the abovementioned zone change, Holding Provisions 21 H 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) was prepared and acknowledged by the Ministry of the Environment (MOE) to allow such uses (see Appendix E). The purpose of the RSC was to review the potential adverse environmental condition or constraints caused by previous and nearby industrial uses. In 2013 the City and Region received notification from the MOE that the RSC had been acknowledged for the majority of the lands and confirmed that they were suitable for residential and day care uses. Consequently, in May 2013, the City approved a zone change to remove the holding provisions from this portion of land. However, a smaller portion of the overall lands retained Holding Provision 21H since environmental testing/monitoring was still underway at that time (these lands correspond to Stage 2 of Draft Plan of Subdivision 30T-11203, at the corner of Louisa Street and St Leger Street; see Appendix F). The City has now received acknowledgement of the RSC from the MOE for the balance of the lands (see Appendix C). The City has also received confirmation from the Region of this fact (see Appendix D). Consequently, the applicant is requesting removal of Holding Provision 21 H through the subject zone change application in order to allow the remainder of the site to be developed (see Map No.1 of Appendix A). In this regard, Planning staff recommends removing Holding Provision 21H from the lands shown on Map No.1 contained within Appendix A. ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN: The zone change to remove the holding provision is required in order to allow the development of the subject lands. The zone change aligns with the Kitchener Strategic Plan since it implements 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 remove the holding provision will be advertised in The Record on May 22, 2015 (see Appendix B), thereby using the "Inform" theme from the Community Engagement Strategy. Under the Planning Act no statutory public meeting is required for zone change amendments to remove holding provisions, 8 - 2 and no neighbourhood circulation is required. Furthermore, this report has been posted to the City's website with the agenda in advance of the Council / Committee meeting. CONCLUSION: Planning staff is of the opinion that the requested zone change to remove Holding Provision 21H from the lands specified in the attached Map No.1 of Appendix A is appropriate at this time since the requirements to release the holding provision have been met. Planning staff recommends approval of the application as outlined in the Recommendation section of this report. REVIEWED BY: Della Ross, Manager of Development Review ACKNOWLEDGED Michael May, Deputy CAO BY: Community Services Department Attachments: Appendix A - Proposed Zoning By-law including Map No.1, dated May 1, 2015 Appendix B - Newspaper Advertisement Appendix C - MOE Acknowledgement Letter Appendix D - Documentation from the Regional Municipality of Waterloo Appendix E - Holding Provision 21 H Appendix F -Approved Modification to Draft Plan of Subdivision 30T-11203 8 - 3 PROPOSED BY — LAW May 1, 2015 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— 1841362 Ontario Inc. — Northwest corner of Louisa Street and St. Leger Street) WHEREAS it is deemed expedient to amend By-law 85-1 for the lands specified above; NOW THEREFORE the Council of The Corporation of the City of Kitchener enacts as follows: 1. Schedule Numbers 122 and 123 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 1 on Map No. 1, in the City of Kitchener, attached hereto, from Residential Six Zone (R-6) with Special Regulation Provision 630R, Special Use Provision 198U and Holding Provision 21 H to Residential Six Zone (R-6) with Special Regulation Provision 630R and Special Use Provision 198U. PASSED at the Council Chambers in the City of Kitchener this day of 12015. 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J II � II � W II � d (0 . Q "� III III III III IIII ' C-4 w s � �' 1111111111111111111111 9�ES'�9� 1111 — I e U) 0 w x�9 IIIIIIIIIIII III II III IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIII Es i 11111111 9 � 1111111111 w � IIIIIV a�noa s �II�I, ai �� V1� F- 6�� � D t r Z '� 11111111111111111 ■ Q t III LLt,W M �� 111111 1111111 H (IIII I U N O IIII 111111111111111 O � w Q M D z 0 J � � �� ��� I O IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII O W 0 c r O Z N as � 'I � Z � Ili Illlllllllllglll zo 0 � � U r U F- 00 0 Z co �� I VIII 0 � z 8 - 5 Advertised in The Record —May 22, 2015 NOTICE OF INTENT TO REMOVE HOLDING PROVISIONS PROPOSED AMENDMENTS TO THE KITCHENER ZONING BY-LAW UNDER SECTION 36 OF THE PLANNING ACT Northwest corner of Louisa Street and St Leger Street Zone Change Application ZC15/012/L/AP The purpose of this Zone Change Application is to remove Holding Provision 21H from the zoning of the above noted lands. This holding provision prohibits residential and day care uses on the property until such time as a Record of Site Condition (RSC) is prepared and acknowledged by the Ministry of the Environment (MOE) to allow such uses. The applicant is now requesting removal of this Holding Provision as the RSC has been prepared and acknowledged by the MOE. This application will be considered at the City's Community and Infrastructure Services Committee on Monday, June 15, 2015, in the Council Chambers, 2nd Floor, City Hall, 200 King Street West, Kitchener. If you have any questions or comments about this matter, please see below. 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/calendar ), or in person at the Community Services Department - Planning Division, 6 In Floor, City Hall, 200 King Street West, Kitchener between 8:30 a.m. -5:00 p.m. (Monday to Friday). Andrew Pinnell, Planner- 519-741-2200 x 7668 (TTY: 1-866-969-9994), andrew.pinnell @kitchener.ca 8 - 6 Appendix C-MOE Acknowledgement Letter r r 7 1 V[0 APP Ministry of the Environment Ministbre de 1,Environnement et 16- >AV%6 and Climate Change do 1,Action en malibro do 11 ,r"',,PVIP',. untario changement climatiqud(OMMIJINF'Y"F — , Enviironmental Approvals Direction de 1'acc6s,aux PLANNING 1)1V0:>i(,N Access and Service autorisations environnementales Integration Branch et de l'int6gration des services 2 St.Clair Avenue West 2,avenue St.Clair Ouest Floor 12A ttage 12A Toronto ON M4V 1L5 Toronto ON M4V 1L5 Tel.: 416 314-8001 Tel: 416 314-8001 Fax: 416 314-8452 TM6c. : 416 314-8452 � via mail Pp April 22, 2015 ;C:�r P 11.91 1 y,fit,��rtr' J I-P. tjMSiON BRUNO SUPPA 1841362 ONTARIO INC, 201 - 3800 STEELES AVENUE WEST, WEST BUILDING WOODBRIDGE ON L4L 4G9 Dear Mr, Suppa: Re: Record of Site Condition Number 217728 Has Been Filed in the Environmental Site Registry 340 LOUISA STREET, KITCHENER Pursuant to paragraph 3 of subsection 168.4(3.1) of the Environmental Protection Act, this is a written acknowledgment that Record of Site Condition (RSC) number 217728 has been filed in the Environmental Site Registry. Please note that the date of filing is April 22, 2015, Attached for your reference is a copy of the RSC PDF file that has been filed in the Environmental Site Registry. The ministry is maintaining a list of RSCs that have been filed in the Registry since July 1, 2011 on the Ministry of the Environment and Climate Change's website, until an electronic version of the Envfronmental Site Registry is operational. The electronic list of RSCs can be found at www.ontario.ca/envit,otiment-arid-energy/records-site-conditioii. Please note that it may take up to five business days from the date of this acknowledgment for the electronic list of RSCs to reflect this RSC filing. If you have any questions or require additional information, please contact Jessica Mayer, Brownfields Filing and Review, at 4116-326-2945. Regards, Jessica Mayer Director Subsection 168,4(3), Environmental Protection Act Attachment C: MICHAEL L DUCHENE District Manager, Guelph District Office, MOECC File No.: 14-005 2073(2011J10) 8 - 7 Appendix D-Documentation from the Regional Municipality of Waterloo PLANNING, MOUSING AND COMMUNITY SERVICES 'a 150 Frederick Street,8th Floor K40ener ON N2G 4A Canada Telephone: 519-575-4533 Region of Water9o© TTY. 519-575-4608 Fax: 519-575-4449 www.rergionofwaterloo.ca File: C14-60/2/15/012/AP May 7, 2015 Alain Pinard, Director of Planning Community Services Department- Planning Division City of Kitchener City Hall, P.Q. Box 1118 200 King St. West Kitchener, ON N2G 4G7 Gear Mr. Pinard, Re. Regional Release of {folding Provision Stage 2 of Draft Approved Plan 30T«11203 ZC15 1012/UAP 1 Adam Street 1841362 Ontario Inc. CITY OF KIT+CHENER Can dune 25, 2012, the Council of the City of Kitchener passed By-law 2012-007 Which amended the zoning of the subject lands, known as 1 Adam Street from Community Institutional Zone (I- 2), Residential Four Zone (R-4), Residential Six Zone (R-6) and Residential Eight Zone (R-8) with site specific provisions to Public Park Zone (P-1), Residential Six.Zone (R-6) and Residential Eight Zone (R-8) With site specific provisions. Holding Provision 21H requires a Record of Site Condition (RSC) acknowledged by the Ministry of Environment prior to a day care or any type of residential land uses being permitted on the subject lands. The Region is in receipt of a Record of Site Condition (RSC Number 217728) and acknowledgement letter, dated April 22, 2015 from the Ministry of Environment (MOE) for the address of 340 Louisa Street, applicable to Stage 2 of Plan of Subdivision 30T-11203 The Region has no concerns with the removal of 'H' Holding Provision 21 H for Stage 2. Should you have any questions, please do not hesitate to contact the undersigned. Yours truly, Brenna MacKinnon, MES, MCIP, RPP Manager, Greenfield Planning CC. Andrew Pinnell, City of Kitchener Kevin Muir, GSP Group Does 1870040 . 8 _ 8 Appendix E-Holding Provision 21 H 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, prepared in accordance 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, advising that the Region's requirements have been satisfied with allowing residential use, 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 8 - 9 Appendix F-Approved Modification to Draft Plan of Subdivision 30T-11203 NG5°45'00•E Blucher Street ofExisting Residential I e• Al, N24°15'o0°w tz2o pRr-E N6�S l E`m N65°02'05"E 4'040 NG5°4v 00"E N2LNG'°4"00"E 30.480 16] NG40480 E NE1602576'E NGi 246 E N61 J28''0"E 16241 N61�2�5 Jo. Im z` ■ • 7.3 I 26.2 Existing I Apartment ` Block 3 Block 2 ■ Townhouses ..I ` Townhouses Block 1.45ha. 1.68ha. 6 Townhouses ,8. 0.18ha. I N6s°o3 os E � 10.3]6 � 08 � 3`:c 25.7 Existing 731 •` Industrial 1s1.1 zz4.z tag 9 0@1 C J Block 4 m�.—.—.—. 1.93ha. of Existing Church N65°20'10"E 6o..2 High Density Residential I asP 1 va,eKm�c cm �� 23.3 I 115.2 Adam Street(existing) Land Use Schedule 210 19.1 26.1 LAND USE MAX UNITS AREA(ha.) N 9 19 1 I Nsss1 oo'E STAGE 3929 0• Block Block NI Townhouses ° Bl ock 3 Townho s BIOCks 1-3,5,8 Townhouses 201 3.89 0.42ha. nhous s 0.11ha,Block 4 High Density Residential 677 1.93 ■o O.OShae Block 6 Public Park 0.12 Existing Block 6 Block 7 Future Lot Addition 0.01 Residential Block 7�Future Lot ■ Park 64.6 21.a Addition 0.12ha, 54 1 1 1 1 1 6719 1 1 1 4 '6 I I STAGE 2 Black N Blbc 1 1 0.01 ha. >' '> IN Blocks 1-3 Townhouses 19 0.29 0■ Townhouses 1 Towmhausa j0.1116haIr j 0.I40ha I Total 897 6.24 .� �I.�.4 1..1-� .�...d—.—J 1.9 N65`51'00'E 133.973 Louisa Street CITY OF KITCHENER APPROVAL BLOCK Subject to the conditions,if any,set forth in our letter dated Existing Public School Existing Residential this plan as draft approved is hereby modified under Section 51 of the Planning Act,R.S.O.1990 this Part of Lots 522 to 532 and Part of Park Lots M and N on RP 376;Part of Lot 4 on RP 373,designated as Parts 1 and 2 on RP S8R-16143;Part of Park Lot M on RP 376,designated as Parts 1 and 2 on RP 5SR-17625;Part of Park Lot M on RP 376,designated as Parts 1 and 2 on RP 58R-16134;Part of Park Lots M and N on RP 376,designated as Part 1 on RP 58R-16133;Lots 461,462 and Della Ross,MCIP,RPP 533 on RP 376;Part Lots 460,463,and 526 to 532 on RP 376;Part of Park Lot N on RP 376;Part Lot 38 Streets&Lanes Plan 376,all designated as part of Manager of Development Review Part 1 on RP 58R-16131;Part of Lot 459 and 460 on RP 376 REVISIONS: PLAN OF SUBDIVISION 10 4 APRIL 18,2013 SUBDIVISION APPLICATION 30T-11203 0 ZONE CHANGE APPLICATION ZC11 /11 /A/KA 1841362 ONTARIO INC. SCALE 1:2000 City of Kitchener CAD FILE: 1 ADAM STREET;175,217,AND 225 ST.LEGER STREET; or s-MoD AND 316,320,AND 340 LOUISA STREET DATE:MAY 15,2012 COMMUNITY SERVICES DEPARTMENT,�lNIIE� e