HomeMy WebLinkAboutCSD-15-026 - Zone Change Application-ZC08-18-M-AP - 20, 24, 32 and 34 Mill St, Regional Municipality of Waterloo
REPORT TO: Planning and Strategic Initiatives Committee
DATE OF MEETING: August 10, 2015
SUBMITTED BY: Alain Pinard, Director of Planning
PREPARED BY: Andrew Pinnell, Planner, 519-741-2200 ext.7668
WARD INVOLVED: Ward 9
DATE OF REPORT: July 10, 2015
REPORT NO.: CSD-15-026
SUBJECT: Zone Change Application ZC08/18/M/AP
20, 24, 32, and 34 Mill Street
Regional Municipality of Waterloo
___________________________________________________________________
RECOMMENDATION: That Zone Change Application ZC08/18/M/AP (20, 24, 32,
and 34 Mill Street; Regional Municipality of Waterloo) for the purpose of changing
the zoning from Hazard Land (P-3) to Existing Use Zone (E-1) with site specific
provisions on the land specified on the attached Map No. 1, in the form shown in
-July 7, 2015 attached to Report CSD-15-026 as
the ÐProposed BylawÑ dated
, be approved.
Appendix A
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
2 - 1
BACKGROUND:
The subject properties, addressed as 20, 24, 32, and 34 Mill Street, are located on the
northeast side of Mill Street between the Joseph Schneider Haus parking lot on Queen
Street South and Mike Wagner Green. The subject properties are contiguous along a
section of Mill Street and are owned by the Regional Municipality of Waterloo (Region).
Each of the four properties contains a building originally constructed as a single
detached dwelling. These buildings were constructed between 1890 and 1910. The
property addressed as 20 Mill Street, located directly beside the Schneider House
parking lot, is presently occupied by Waterloo Region Green Solutions (also known as
Regional Efficiency Energy Project or REEP) under a lease from the Region. REEP is
using the building as a demonstration centre for showing to the public and educating the
public on technologies related to energy and water sustainability.
The other three properties (i.e., 24, 32, and 34 Mill Street) are rented by the Region for
use as single detached dwellings. All of the properties are within the floodplain of
Schneider Creek (located directly to the rear of the properties) and are regulated by the
Grand River Conservation Authority. Accordingly, the subject properties are currently
zoned Hazard Land (P-3) in the Zoning By-law and designated Open Space in the Mill-
Courtland-Woodside Park Secondary Plan. The current zoning does not allow
development.
REPORT:
Planning Comments:
Introduction to Existing Use Zone
In 1994 the City, in consultation with the Grand River Conservation Authority (GRCA),
rezoned existing development within the floodplain of local watercourses to a new
zoning classification called the Existing Use Zone (E-1). This zone is intended to
balance the right of property owners to legally continue to use their property with the
goal of protecting people and property from the risk associated with potential flooding.
The E-1 Zone allows for limited alterations to and expansions of legally existing uses
with the intention that these uses will cease over time and revert to naturalized
floodplain lands. New uses are not permitted as-of-right.
Proposed Zone Change
Although the subject properties are located within the floodplain, they were not rezoned
to E-1 in 1994 for unknown reasons. These properties are currently zoned Hazard Land
(P-3), which does not allow any development or alterations to existing development.
The P-3 Zone allows only agriculture, flood protection works, outdoor recreation, and
storm water management facilities.
The applicant is proposing to rezone 20 Mill Street to Existing Use Zone (E-1) with
special zoning provisions to legalize the existing use of the property as a demonstration
centre for showing to the public and educating the public on technologies related to
energy and water sustainability. This proposal would legalize the continuance of a use
2 - 2
that is compatible with surrounding low-rise residential development, within a century
old building that has been adaptively reused.
The zone change would also allow a minor reduction in required parking from 4 to 3
spaces and provide relief from the requirement to provide 1 barrier-free accessible
parking space for a building that is not required to be upgraded to AODA standards in
accordance with the Building Code, since no changes to the front entrance are
proposed.
The application further proposes to rezone 24, 32, and 34 Mill Street from Hazard Land
to E-1, which would have the effect of legalizing each of the existing single detached
dwellings (they are currently considered legal non-
conforming or ÐgrandfatheredÑ).
In summary, this application seeks to implement the E-1 zone for the subject properties
which ought to have been applied through a City-initiated zone change in 1994.
Official Plan Conformity
The subject properties are designated Open Space in the Mill Courtland Woodside Park
Secondary Plan and the GRCA has identified that they are within a Two-Zone
Floodplain Policy Area. The floodplain policies of the Official Plan state that all lands
where development exists in the floodway portion of the flood plain are to be zoned to
recognize legally existing development and allow for minor expansions.
The Official Plan also states that changes in use may be permitted through zone
change applications provided that the subsequent use is compatible, no new dwelling
units are created, the use presents less of a risk to life and property in the event of
flooding, the new use is not specifically prohibited, and approval is received from the
GRCA.
Planning staff is of the opinion that the requested zone change implements the Official
Plan floodplain policies. The policies confirm that the subject properties would most
appropriately be zoned E-1 since they contain existing development. Also, a
demonstration centre is not listed a prohibited use in the Official Plan and is considered
compatible with adjacent uses. Planning and GRCA staff support the reversion of the
demonstration centre to residential use when the building is returned to the Region for
housing, under the premise that it has been used for housing for approximately 100
years and REEP lease from the Region is temporary.
Ós
Proposed Site Works
In addition to a zone change, the applicant has submitted a Deemed Not Development
application showing minor site works, including changes to the rear yard parking area.
Staff has conducted a cursory review of these changes and determined that the works
Planning Act;
are sufficiently minor so as to not constitute ÐdevelopmentÑ under the
therefore, no site plan application is required.
2 - 3
Grand River Conservation Authority Comments (Summarized):
All of the subject properties are located in the floodway portion of the Schneider Creek
floodplain. The floodway is the area of the floodplain required to pass the flows of
greatest depth and velocity. No new development (very limited exceptions) is permitted
in the floodway. GRCA staff has no objection to the proposed E-1 zoning to recognize
the existing residential use on the properties.
GRCA staff understands that at the time the zone change application was submitted, 20
Mill Street was used as a single detached dwelling and in fact had been for many years
prior to the application. The GRCA understands that REEP has entered into an
agreement to lease the property from the Region for demonstration centre purposes
and that the lease includes a clause that the property would revert back to the Region
when the demonstration centre ceases to operate. On this basis, the GRCA has no
further concerns with the revised application. Please be advised that GRCA staff has
no objection to the requested special provision for 20 Mill Street to allow three parking
spaces where four are required.
Other Department and Agency Comments:
The following departments and agencies have indicated no concerns with the subject
application (for full comments see Appendix C): Heritage Planning, Building Division,
Transportation Services, Engineering Services, Region of Waterloo, Waterloo Region
District School Board, and Waterloo Catholic District School Board.
ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN:
The proposal aligns with aligns with the Kitchener Strategic Plan as it ensures the
implementation of the Development community priority established in the Strategic Plan.
FINANCIAL IMPLICATIONS:
There are no financial implications associated with this recommendation.
COMMUNITY ENGAGEMENT:
INFORM & CONSULT - The proposed zone change application was originally circulated
to property owners within 120 metres of the subject lands in August 2008. In response,
staff received 2 letters which are generally supportive of the proposed zone change.
One letter stated concerns with a proposed wind turbine, however, it should be noted
that wind turbines are not regulated under the Planning Act. The two letters received
are included in Appendix D.
A zone change notice sign was also posted on the property. A courtesy notice of the
statutory public meeting will be circulated to all property owners within 120 metres as it
has been more than a year since the initial circulation. Notice of the public meeting will
be printed in The Record on July 17, 2015, and a copy of the Notice is attached as
Appendix B.
This report will be posted to the CityÓs website with the agenda
of the Council/Committee meeting.
2 - 4
CONCLUSION:
Staff is of the opinion that the proposed zone change is justified and in the public
interest since it would apply proper zoning to properties that should have been re-zoned
in 1994, support the adaptive reuse of one house for appropriate uses, allow for limited
alterations, eliminate inflexible zoning that presently prohibits development, and is
supported by the Grand River Conservation Authority.
REVIEWED BY:
Della Ross, Manager of Development Review
ACKNOWLEDGED BY:
Michael May, Deputy CAO (Community Services)
Attachments
Appendix A Proposed Zoning By-law including Map No.1
Î
Appendix B Newspaper Notice
Î
Appendix C Department/Agency Comments
Î
Appendix D Community Comments
Î
2 - 5
Appendix A – Proposed Zoning By-law including Map No.1
PR O P O S E D B Y L A W
Î
July 7, 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 of the City of Kitchener Î
Regional Municipality of Waterloo Î 20, 24, 32, 34 Mill 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 No. 86 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 1 on Map No. 1, in the City of Kitchener, attached hereto, from
Hazard Land Zone (P-3) to Existing Use Zone (E-1) with Special Regulation
Provision 481R and Special Use Provision 379U.
2. Schedule No. 86 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 2 on Map No. 1, in the City of Kitchener, attached hereto, from
Hazard Land Zone (P-3) to Existing Use Zone (E-1).
3. Schedule No. 86 of Appendix ÐAÑ to By-law Number 85-1 is hereby further
amended by incorporating additional zone boundaries as shown on Map No. 1
attached hereto.
4.Appendix ÐCÑ to By-law 85-1 is hereby amended by adding Section 379 thereto as
follows:
Ð379. Notwithstanding Section 48.1 of this By-law, within the lands zoned E-1
as shown as affected by this subsection on Schedule 86 of Appendix ÐAÑ,
for the purposes of this regulation, the use lawfully existing on and
continually used for since the date the E-1 Zone was applied to the land
shall be deemed to be a demonstration centre established within a
building existing on August 24, 2015 and a single detached dwelling. In
2 - 6
Appendix A – Proposed Zoning By-law including Map No.1
this case, a demonstration centre is an establishment for showing to the
public and educating the public on technologies related to energy and
water sustainability.Ñ
5.Appendix ÐDÑ to By-law 85-1 is hereby amended by adding Section 481 thereto as
follows:
Ð481. Notwithstanding Sections 6.1.2, 6.7.1, and 48.3.1 of this By-law, within
the lands zoned E-1 as shown as affected by this subsection on Schedule
86 of Appendix ÐAÑ, a minimum of 3 off-street parking spaces shall be
provided and no barrier free parking spaces shall be required for a
demonstration centre use established within a building existing on August
24, 2015.Ñ
PASSED at the Council Chambers in the City of Kitchener this day of
2015.
_____________________________
Mayor
_____________________________
Clerk
2 - 7
Appendix A – Proposed Zoning By-law including Map No.1
2 - 8
ppendix B – Newspaper Notice
A
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
20, 24, 32, 34 Mill Street
The purpose of this application is to change the zoning of 20 Mill Street from Hazard Land Zone (P-3) to Existing Use
Zone (E-1) with site-specific provisions to allow a demonstration centre and single detached dwelling and to reduce
parking requirements. The application also seeks to change the zoning of 24, 32, and 34 Mill Street from Hazard Land
Zone (P-3) to Existing Use Zone to legalize the existing single detached dwellings.
Planning & Strategic Initiatives Committee
The public meeting will be held by the , a Committee of Council which deals
with planning matters, on:
MONDAY, AUGUST 10, 2015 at 7:00 P.M.
nd
COUNCIL CHAMBERS, 2 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
If a person or public body does not make oral submissions at this public
opposition to, the above noted proposal.
meeting or make a written submission prior to approval/refusal of this proposal, the person or public body is not
entitled to appeal the decision to the Ontario Municipal Board, and may not be added as a party to the hearing of
an appeal unless there are reasonable grounds in the opinion of the Board.
ADDITIONAL INFORMATION
is available by contacting the staff person noted below, viewing the report contained in the
agenda (posted 10 days before the meeting at www.kitchener.ca - click on the date in the Calendar of Events and select the
th
appropriate committee), or in person at the Planning Division, 6 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 ext. 7668 (TTY: 1-866-969-9994), andrew,pinnell@kitchener.ca
2 - 9
ppendix C – Department/Agency Comments
A
2 - 10
ppendix C – Department/Agency Comments
A
2 - 11
ppendix C – Department/Agency Comments
A
2 - 12
ppendix C – Department/Agency Comments
A
2 - 13
ppendix C – Department/Agency Comments
A
2 - 14
ppendix D – Community Comments
A
2 - 15