HomeMy WebLinkAboutDTS-08-115 - Zone Change Appplication ZC 08/18/B/JVW , 112 Benton St1
K zCHE R
Development &
Technical Services
M -
REPORT
Report To:
Development & Technical Services Committee
Date of Meeting:
August 11, 2008
Submitted By:
Jeff Willmer, Director of Planning 741 -2325
Prepared By:
Juliane von Westerholt, Senior Planner 7412776
Ward(s) Involved: Ward 6
Date of Report: July 28, 2008
Report No.: DTS -08 -115
Subject: Zone Change Appplication ZC 08118IBIJVW
ARROW LOFTS
112 BENTON STREET
RECOMMENDATION:
That Zone Change Application ZC081181BIJVW (Arrow Lofts) to change the zoning from
Commercial Residential Three (CR-3) with Special Regulation 394R and Holding
Provision 46H to Commercial Residential (CR -3) with Special Regulation 394R on lands
legally described as Part of Lots 11 -20 inclusive, Registered Plan 398 and Part Lot 174,
15
937
178 1$8
1+49 ,
3143125
1.88
'.
199
242
179 94
214 189
20
228 .
90
242
51.53
254.:.
242. 221
73
294
79
310
JSb
251 83 .
253
87146
!2 BENTON -37
281
25
21
279
112
0 93 -99!39 x43 45
13 -15
347
49
6 •` 5!'340342°
2 "s
53 57
354
59
384
103.115!14
22
339: 24
12
372
2$
18
351 .
` 9 .. `: , 30 32 36
34
119.121 20
22
391..
38
11 fa'
125 -127 24 15
a
US 28 99
25
135!46 30
379389
54. 58. 62 32
- 27
152 37
38
Qw
31
419 393-411
158 1 #5 39
88 0& 35
39
429
158 -9 90 147
45
14
194 149
Q 72
1
20
968 151 49
76 80 .
53. 88..
24 174 -172 .: ' 157.159
11 176
10
.:.. 14
94
17
180
181- 163 18
18.
94
RECOMMENDATION:
That Zone Change Application ZC081181BIJVW (Arrow Lofts) to change the zoning from
Commercial Residential Three (CR-3) with Special Regulation 394R and Holding
Provision 46H to Commercial Residential (CR -3) with Special Regulation 394R on lands
legally described as Part of Lots 11 -20 inclusive, Registered Plan 398 and Part Lot 174,
subdivision of Lot 17, German Company Tract, being Part 1 Reference Plan 58R -7055,
municipally known as 112 Benton Street, in the City of Kitchener, be approved in the
form shown in the attached "Proposed By- law ", dated July 28, 2008, attached to Report
DTS -08 -115.
REPORT:
The subject lands are located at 112 Benton Street. The applicant is proposing to rezone the
property for the purpose of removing Holding Provision 46H. Holding Provision 46H was placed
on the property through a previous rezoning as the Region had identified the subject lands as
being contaminated and had requested submission of a Record of Site Condition. In addition,
the Region of Waterloo had also requested a noise study which was to address the noise
impacts from traffic on Benton Street and Courtland Avenue and that the City and the owner
enter into an agreement to implement the mitigation measures as recommended in the- noise
study. A holding provision was included in the zoning on the subject lands until a Record of
Site Condition (RSC) had been completed and acknowledged by the Ministry of the
Environment and further until a letter was received from the Region advising that the Region's
requirements have been satisfied with respect to the noise study and the agreement.
There are policies in the Municipal Plan which provide for holding provisions until environmental
work is completed. A RSC has since been completed and acknowledged by the Ministry of the
Environment and the Region has indicated that they have no objections to the removal of the
holding provision. Regional staff has also confirmed that the necessary noise study has been
completed and the associated agreement between the owner and the municipality, which
implements the mitigation measures, has also been registered.
FINANCIAL IMPLICATIONS:
in
COMMUNICATIONS:
Notice of the public meeting to be held by the Committee of Council Dealing with Development
and Technical Services matters on August 11, 2008 was advertised in The Record on July 18th,
2008.
CONCLUSION:
Based on the foregoing, the Department of Development and Technical Services recommends
that Zone Change Application ZC081181BIJVW for lands at 112 Benton Street, be approved in
the form shown in the Proposed By -law.
one von Westerholt, BES, MCIP, RPP
for Planner
J
w r mer MC IP, RPP
of Planning
Attnr_hmPnt.q
Proposed Zoning By -law
Newspaper Advertisement
Appendix A — Regional Clearance
Della Ross, MA„ M I P, RPP
Manager Development Review
PROPOSED BY -LAW
July 28, 2008
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
-- Arrow Lofts -- 112 Benton Street)
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 85 of Appendix "A" to By -law 85 -1 is hereby amended by designating as
Commercial Residential Zone (CR-3) with Special Regulation 3948 instead of Commercial
Residential (CR-3) with Special Regulation 394R and Holding Provision 46 H. These lands
are shown on Map No. 1 attached hereto.
2. Schedule 85 of Appendix "A" to By -law 85 -1 is hereby further amended by incorporating
additional zone boundaries as shown on Map No. 1 attached hereto.
day of
PASSED at the Council Chambers in the City of Kitchener this
Mayor
Clerk
Councillor Christina Weylie
West — Victoria Park Ward (6)
Zone Change Application ZC06 /19N /AP
72 Victoria Street South
Waterloo Warehouse Equities Victoria Limited
Advertised in The Record -- July 18, 2008
CITY OF KITCHENER
COMMITTEE OF COUNCIL DEALING WITH PLANNING MATTERS
Invites
PROPERTY OWNERS AND INTERESTED PARTIES
To attend a
PUBLIC MEETING
TO DISCUSS A
PROPOSED ZONING BY -LAW
UNDER SECTION 34 OF THE PLANNING ACT
112 Benton Street
The purpose of this zone change is to remove the holding zone that was placed on the property
through a previous zone change application. The purpose of the holding zone was to ensure
that that a Record of Site Condition and Noise Study was completed for the site and
confirmation of which was given by the Region of Waterloo. The Record of Site Condition and
the Noise Study has been completed and confirmation has been received from the Region. An
agreement between the municipality and the property owner was also required to implement the
noise mitigation measures and this agreement has been registered.
The public meeting will be held by the City's DEVELOPMENT AND TECHNICAL SERVICES
COMMITTEE, a Committee of Council which deals with Planning Matters on MONDAY,
AUGUST 11, 2008 at 7:00 P.M. IN THE COUNCIL CHAMBERS, 2ND FLOOR, CITY HALL, 200
KING STREET WEST, KITCHENER.
Any persons may attend the Public Meeting and make written and/or verbal representation either in
support of or in opposition to the proposed Zoning By -law. If a person or public body does not
make oral submissions at this public meeting or make written submissions to the City prior
to the approval of the Zoning By -law, the Ontario Municipal Board may dismiss a
subsequent appeal.
ADDITIONAL INFORMATION relating to the proposed Zoning By -law is available for inspection
between 8:30 a.m. and 5:00 p.m. at the Development and Technical Services Department,
Planning Division, 6th Floor, City Hall, 200 King Street West, Kitchener.
City Planning Division
Phone No. 519 -741 -2426 (TTY -TDD — 519 -741 -2385)
Region of Waterloo
_YJt.7
Della Ross, Manager of Development Re Sbw
Development and Technical Services Department
City of Kitchener
City Hall, P.O. Box 1118
200 King St. West
Kitchener, ON N2G 4G7
Dear Ms. Ross,
PLANNING, HOUSING AND
COMMUNITY SERVICES
150 Frederick Street, 8th Floor
Kitchener ON Canada N2G U
Telephone: 519- 575 -4533
Fax: 519 -575 -4449
www.region.waterloo.on.ca
Craig Hockaday 575 -4757 ext 3120
File: C14- 8012102035
July 16, 2008
Re: Release of Holding Provision
Arrow Lofts Inc.
112 Benton St.
City of Kitchener
In 2004, City Council passed By -law 2004 -6, which resulted in a Holding (H) provision
being placed on the subject lands. Notwithstanding Section 46.1 of City of Kitchener
Zoning By -law 85 -1, Office Consolidation January 12, 2004, within the lands zoned CR -3
on Schedule 88 of Appendix `A' as affected by this subsection and municipally described
as 112 Benton Street, Dwelling Units, Lodging House, Multiple Dwelling and Tourist
Home 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 Environment,
confirming that the subject property is suitable for residential purposes.
On July 4, 2008 the owner submitted a Record of Site Condition (RSC) with the Ministry
of the Environment (MOE) for the lands municipally known as 112 Benton St.
(Registration Number 45292) which was posted on the Brownfields Environmental Site
Registry. Additionally, on July 15, 2008 the Region received a copy of the completed
RSC, acknowledged by the MOE July 15, 2008. The Region is satisfied this condition is
fulfilled.
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
respect to the submission of a noise study addressing traffic noise impacts from
Benton Street and Courtland Avenue, and an agreement has been entered into
between the City and owner, providing for the implementation of any
recommended noise mitigation measures.
On August 2, 2005, Arrow Lofts Inc. entered into a registered agreement with the
Regional Municipality of Waterloo and agreed to include a noise warning clause in the
#507091
Agreements of Purchase and Sale and /or Rental Agreements for all residential units
constructed on the lands. This agreement was registered as wR146786, registered
August 12, 2005. The Region is satisfied this condition is fulfilled.
As such, there are no outstanding Regional requirements to be addressed prior to
Kitchener City Council approving the removal of the Holding (H) provision.
Should you have any questions, please do not hesitate to contact Craig Hockaday,
Principal Planner at 519 -575 -4757.
Yours truly,
Amanda Kutler, MBA, MCI P, RPP
Manager, Development Planning (Reurbanization)
cc. Caroline Draper, GSP Group Inc. (fax: 519 - 569 -8643)
Docs 507091 2