The URL can be used to link to this page

Home My WebLink AboutDTS-09-147 - City Initiated Re-Zoning - ZC 09/02/COK/HH - 617-621 King St W I~rTCx~~R Development & Techrr~ca~ Services REPORT T0: DATE OF MEETING: SUBMITTED BY: PREPARED BY: WARD(S) INVOLVED: DATE OF REPORT: REPORT NO.: SUBJECT: RECOMMENDATION: Development & Technical Services Committee October 26, 2009 Alain Pinard, Interim Director of Planning Heather Holbrook, Planner (Urban Design) (519-741-2324) Ward 6 October 1, 2009 DTS-09-147 CITY-INITIATED ZONE CHANGE APPLICATION ZC 09/02lCOKlHH 617-621 KING STREET WEST f `~ ~~ ~ ~ 1 ~ ~ ~ ~~5~~ ~ ~~ .~' ~ ~. / ~.. `~ ~ ~ ~~ ~~T ~ ... l , ~ ~,, f ~ SI~BJECT ,~~ ~~ I ~ ~`' ...~.. `•... AREA ~ ~ ~ ~ ~~ .,~, V ~~~~~ `~ { ~ ~, ~ '~~ ;`. / .~. ~~~ ~~ ,, , -~.,~ ~ ,` That City-initiated Zone Change application ZC 091021COKIHH as it applies to 617-621 King Street West being an amendment to Schedule 74 of Appendix A and section 395 of Appendix C of By-Law Number 85-1 for the purpose of changing the zoning from Commercial Residential CR-2 with Special Regulation Provision 131 R to High Intensity Mixed Use Corridor MU-3 with Special Use Provision 395U and Holding Provision 56H, be approved, in the form shown in the "Proposed By-Law" dated October 1, 2009 attached as Appendix A to Report DTS-09-147 , which form incorporates changes to the proposed By-law since the public meeting of September 14, 2009 ;and further That pursuant to Section 34(17) of the Planning Act, R.S.O. 1990, c . P. 3 , as amended, no further notice of the proposed By-law is required to be given. 2-1 BACKGROUND: On September 21St, 2009, Council adopted the City-initiated King Street West Mixed Use Corridor zone change and associated Official Plan Amendment as presented in Report DTS-09- 139. Council also deferred the zone change as it applied to the property municipally addressed as 617-621 King Street West, in order to give consideration to property owner concerns raised at the September 14, 2009 Development and Technical Services Committee meeting. The current use of the subject property is a funeral home which is not a permitted use in MU zones. The owner expressed concerns that the proposed zoning for the subject property would make a longstanding permitted use legal non-conforming. REPORT: Following the September 21St, 2009 Council meeting, Staff has consulted with the property owner of the above noted property. As a result of this dialogue Staff has revised the recommendation for the subject lands to include a new Special Use Provision that recognizes funeral home as a permitted use within existing buildings on the site. The proposed Special Use Provision also provides for minor expansion of the funeral home use and incorporates a rebuild provision for the use. The property owner is in agreement with the proposed recommendation. FINANCIAL IMPLICATIONS: No new or additional capital budget requests are expected with this recommendation. COMMUNICATIONS: Staff completed an extensive public consultation program for the City-initiated Zone Change ZC09102ICOK/HH, as outlined in Staff Report DTS-09-132. The statutory public meeting was advertised in The Record on August 21, 2009 and held on September 14, 2009. Representatives on behalf of the property owner made oral submissions at the September 14, 2009 Development and Technical Services Committee meeting and the September 21, 2009 Council meeting. There were no other oral or written submissions received pertaining to the subject property. CONCLUSION: The proposed new Special Use Provision is not a major change from the recommendation circulated and presented at the statutory public meeting. The Special Use Provision allows the current permitted use of funeral home to continue as a permitted use with provision for minor expansion and rebuilding in the event the structures are damaged or destroyed. As such, Staff conclude that no further notice of the proposed By-law is required to be given. In summary, Staff recommend that City-Initiated Zone Change Application ZC09/02ICOK/HH as it applies to the property municipally addressed as 617-621 King Street West be approved in the form shown in the Proposed By-law. REVIEWED BY: Leon Bensason, Interim Manager of Long Range and Policy Planning ACKNOWLEDGED BY: Jeff Willmer, Interim General Manager Development and Technical Services Department Attachment: Appendix "A" -Proposed By-Law (October 1, 2009) 2-2 Appendix A: Proposed By-Law PROPOSED BY-LAW October 1, 2009 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 -City of Kitchener) 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 74 of Appendix `A' to By-law Number 85-1 is hereby amended by designating as High Intensity Mixed Use Corridor Zone (MU-3) with Special Use Provision 395U and Holding Provision 56H instead of Commercial Residential Two Zone (CR-2) with Special Regulation Provision 131R the parcel of land specified and illustrated as the Subject Area on Map No. 1 attached hereto. 2. Schedule No. 74 of Appendix "A" to By-law Number 85-1 is hereby further amended by incorporating additional zone boundaries as shown on Map No. 1 attached hereto. 3. Appendix `C' to By-law 85-1 is hereby amended by adding Section 395 thereto as follows: ~. ~ • "395. Notwithstanding Section 55.1 of this By-law, within the lands zoned MU-3 and shown as affected by this Subsection on Schedule 74 of Appendix "A" the following shall apply: ~ a) funeral home shall be permitted within the buildings existing on November 2, 2009, being the date of passing of By-law Number 2009- , and within any enlargement or extension of the existing buildings and any new building, provided such enlargement, extension and new building do not in aggregate exceed twenty-five (25) percent of the gross floor area of the said existing buildings and are in accordance with the regulations set out in Section 55.2.1 of this By-law save and except for the Minimum Floor Space Ratio; and b) if a building used for funeral home use in accordance with Subsection (a) above is destroyed by fire or natural disaster, or demolished by order 2-3 of any governmental authority, the building is permitted to be restored or replaced on its original site and may be used for funeral home use provided the gross floor area or dimensions are not increased except in accordance with this By-law." PASSED at the Council Chambers in the City of Kitchener this day of A.D., 2009. Mayor Clerk 2-4 ~ ,-, ~ LY W ~~ ~ ~ '`~ ~ ~ D ~ ~ '' ~~1 ~1 +~ ~ ~ ~ '~ VI ~ ~ ~! Y J Cv E ^ J ~ ~ m W ~ Lfi ~- __. ~ ~_ ~ ~ ~ ~ ~ ~ ~ ~ ~ V ~J~~~ ~~ r ~~ W~ ~w~w ~ Imo- d U' ~ w {j ~W_iI]~ ~' ~ ~ ~~' ~ I+,I ~ '~ ~( ._.I ~ LJJ ~ W J~~~ ~~ (~ Chi W ~ _ JLL W ~ ~ ~ M~ a, J ~ W W H~ I- J w ~~-~~~ ~ ~ ~'~ W _ _ ~(3~~j~ ~ LL1 W J a~ tvf- ~ ~-, L~1 f~1~~CP~~'~ W ~~H W W W ~ ~ ~ -~ GIj `~- ~ ~_~ ~m ~~ LLCfj~J~'~,J ~W~ ~ J ~ ~ {~ ~~~~~ ~'~ - w~' ~ J ~] ~- ~ ~W~W ~ tLl ~ ~ J ~ ~~ '~ ~w ~~wQ~~[~~Z_ = ~~~ ~ I~1 ~_ ~ ~. ` ~ ~~~1 U W = J ~ ~~~= WW~C~~~~w y N U~ (~ ~C ~ IY (J U ~7 ! C1~ ~ ., ~ .~..! ~ ~J ~ i~ /~y 1V ~ ~ . ~ ,; ~ Y. 4 ' '.~ ` 1' ~ ~ ~~Yv° (~ + iL. ~ ~F ~~- f 't r 4 ~ ~ r S ~ { ~ . t r ~F ~'y \ 4 4 \ ~ '.f ~.~. , ~ f f of i { 1 k ~ i ~ ~ ~. ~ ~ ~ ~ a ' ;. I ~ l 5 r ~ i ~ ~ 6 _ ~ ~ k ~ '~~~~~~~~~ ~ i ~ *i \ y ( y _ _ 4 _ ~ - ` - 1 ll lii n '.~ fR~r ~ '~ f h~ ff \ `~ Aa ~1~ Y ~ ' 4 ~~ 3 ~~ Y ~~, . ` 2-5