HomeMy WebLinkAboutCSD-11-094 - Zone Change Application - 225 The BoardwalkS~a~F Re opt
~ITCH~I`rTE~ ~O111munrtyServi[eSDepQr~men~ www.kitthenerca
REPORT TO: Planning and Strategic Initiatives Committee
DATE OF MEETING: August 15, 2011
SUBMITTED BY: Alain Pinard, Director of Planning
PREPARED BY: Garett Stevenson, Planning Technician, 519-741-3400 x 3158
WARD(S) INVOLVED: Ward 7
DATE OF REPORT: July 21, 2011
REPORT NO.: CSD-11-094
SUBJECT: ZONE CHANGE APPLICATION ZC11/006/T/GS
225 THE BOARDWALK
THE INCC CORP.
SUBJECT
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Subject Property: 225 The Boardwalk
RECOMMENDATION:
That Zone Change Application ZC11/006/T/GS (225 The Boardwalk, The INCC Corp.) to
remove Holding Provision 57H in the form shown in the attached "Proposed By-law" dated
July 13, 2011, attached to Report CSD-11-094 as Appendix A, be approved.
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Staff Re vet
~ITCH~I~TE~ CommunrtyServicesDepar~men~ www.kitchenerca
REPORT:
The subject lands are located at 225 The Boardwalk. The applicant is proposing to change the
zoning of the lands for the purpose of removing a holding provision. Holding Provision 57H was
placed on the property at the time of a previous zone change amendment at the request of the
Regional Municipality of Waterloo. It required the Owner to submit and receive approval of an
updated Traffic Impact Study. The intent of the study was to determine whether the assumptions,
conclusions, and recommendations contained in the original traffic impact study, as updated for
Phase 2, remained valid. The updated traffic study was also required to indicate whether any
additional local or Regional road improvements were required to accommodate Phase 2
development.
Planning Staff are in receipt of a letter dated June 17, 2011 from the Region of Waterloo (Appendix
D) which indicates that the required update to the Traffic Impact Study has been approved by the
Region. Regional staff have confirmed after reviewing the report that the assumptions made in the
original Traffic Impact Study for Phase 2 remain valid, and as such the Region has no objections to
the removal of Holding Provision 57H for Phase 2.
FINANCIAL IMPLICATIONS:
There are no financial implications to the City.
COMMUNITY ENGAGEMENT:
Notice of the August 15, 2011 Planning and Strategic Initiatives Committee Meeting (public meeting)
will be advertised in The Record on July 22, 2011 (see Appendix C). No neighbourhood circulation
is required to remove a Holding Provision.
ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN:
The proposed zone change to lift the holding provision is required prior to the development of the
subject site and will align with the Kitchener Strategic Plan as it ensures the implementation of the
Development community priority with comprehensive redevelopment that is consistent with
Provincial, Regional and City planning policies.
CONCLUSION:
Based on the foregoing, the Community Services Department recommends that Zone Change
Application ZC11/006/T/GS for lands at 225 The Boardwalk be approved in the form shown in the
Proposed By-law.
REVIEWED BY:
Della Ross, Manager of Development Review
ACKNOWLEDGED BY: Alain Pinard, Acting Deputy CAO
Community Services Department
Attachments
Appendix A -Proposed Zoning By-law dated July 13, 2011
Appendix B -Map No.1
Appendix C -Newspaper Advertisement
Appendix D -Letter from the Region of Waterloo, dated June 17, 2011
Appendix E -Holding Provision 57H, Zoning By-law 85-1
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Report No. CS~P11-
P P E Y ®L A Appendix ""
July 1, 2011
BY-LAW NUMBER
®F THE
C®RPORATI®N ®F THE CITY ®F KITCHENER
(Being a by-law to amend By-law 85-1, as amended,
known as the Zoning By-law for the City of Kitchener
The INCC Corp. ®The Boardwalk)
WHEREAS it is deemed expedient to amend By-law 85-1;
N®W THEREF®RE the Council of The Corporation of the City of Kitchener
enacts as follows:
1. Schedule No. 4 of Appendix "Aj' to By-law Number 85-1 is hereby amended by
changing the zoning applicable to the parcel of land specified and illustrated as
Subject Area Number 1 on Map No. 1, in the City of Kitchener, attached hereto
from Commercial Campus Zone (C-8) with Special Use Provision 3900, Special
Regulation Provisions 494R and 495R and Holding Provisions 55H, 57H and
58H to Commercial Campus Zone (C-8) with Special Use Provision 390U,
Special Regulation Provisions 4948 and 495R and Holding Provisions 55H and
58H.
2. Schedule No. 4 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
Subject Area Number 2 on Map No. 1, in the City of Kitchener, attached hereto
from Commercial Campus Zone (C-8) with Special Use Provision 3900, Special
Regulation Provisions 494R and 496R and Holding Provisions 55H, 57H, and
58H to Commercial Campus Zone (C-8) with Special Use Provision 3900,
Special Regulation Provisions 494R and 496R and Holding Provisions 55H and
58H.
3. Schedule Nos. 4 and 5 of Appendix "A" to By-law Number 85-1 are hereby
amended by changing the zoning applicable to the parcel of land specified and
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4. Schedule Nos. 4 and 5 of Appendix "A" to Py®law Number ~5-1 are hereby
further amended by incorporating additional zone boundaries as shown on Map
No. 1 attached hereto.
PASSE® at the Council Chambers in the City of Kitchener this day of
2011.
Mayor
Clerk
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Rep®rt N®. CSC-11- ;~~~
Appendix " ~ "
Advertised in The Record -July 22, 2011
PROPERTY OWNERS AND INTEf~E~TED PARTIES ARE INVITED
TO A EN®A PUBLIC MEETING TO ®ISCUSS
PROPOSED AMENDMENTS TQ THE KITCHENER ZONING 13Y-LAW
UN®ER SECTION 34 OF THE PLANNING ACT
225 The Boardwalk
The purpose of this zone change is to remove Holding Provision 57H form the lands. The purpose of the holding
provision was to obligate the Owner to update the Traffic Impact Study for the property, prior to the development
of lands in Phase 2. The update to the Traffic Impact Study has been completed and approved by the Region of
Waterloo.
The public meeting will be held by the City's Planning and Strategic Initiatives Committee, a Committee.of
Council which deals with planning matters on:
MON®AY, AUGUST 15, 2011 at 7:00 P.M.
COUNCIL CHAMBERS, 2"d FLOOR, CITY HALL
2®® KING STREET WEST, KITCHENER.
Any person may attend the Public Meeting and make written andlor verbal representation either in support of, or
in opposition to, the above noted proposal. If a person ®r public body that files a notice of appeal ®f a
decision, does not make oral submissions at this public meeting or make a written submission prior to
approval/refusal of this, the Ontario Municipal Board may dismiss all or part of a subsequent appeal.
A®®ITIONAL INFORMATION is available by contacting the appropriate staff person noted below, viewing the report
contained in the meeting agenda (available at www.kitchener.ca on the Friday afternoon prior to the meeting -click on the
meeting date in the Calendar of Events), or in person at the Planning Division, 6th Floor, City Hall, 200 King Street West,
Kitchener between 8:30 a.m. - 5:00 p.m. (Monday to Friday).
Garett Stevenson, Planning Technician - 519-741-3400 x 3158 (TTY: 1-866-969-9994),
garett.stevenson@kitchener.ca
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Report No. CS®-11- t,~
~i%~,
Region of Waterloo
File: C-14-6014/
June 17, 2011
Ms. Della Ross
Manager, Development Review
Community Services
City of Kitchener
200 King Street W., 6r~' Floor
P.®. Box 1118
Kitchener, ON N2G 4G7
Dear Ms. Ross:
Re: Removal of Holding Provisian
By-Law No. 2009-138, Special Regulation 494 c) ii)
Phase 2 -The Boardwalk
Ira Needles Boulevard
City of Kitchener
Appendix ""
~citcnener, uiv iv~~ ~a~ t,anaaa
Telephone: 519-575-4533
Fax: 519-575-4449
www.region.waterlao.on.ca
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In accordance with By-law No, 01-028 of the Regional Municipality of Waterloo, please accept
the following recommendation regarding the above-noted application on behalf of the Council of
the Regional Municipality of Waterloo.
I have reviewed Special Regulation 494 c) ii) of the coning by-lavv applicable'to the above-noted
lands and can confirm the Region has no objection to the removal of the holding provision for
Phase 2. Transportation Planning staff have reviewed the report entitled `The Boardwalk Mixed
Use Development Transportation Study Assumptions Validation" dated May 2011 and concur
with the recommendations noted therein.
The report recommends:
® providing clearance to the City of Kitchener to lift the holding provision on Phase 2 of
The Boardwalk development;
• continuing to review operation of the roundabouts along Ira Needles Boulevard including
extending the entry and exit flares;
+ continuing to review the rate of development and increases in .peak hour traffic to
periodically re-evaluate the-need to expand Ira .Needles Boulevard;
+ periodically review the traffic operations at Thorndale Drive; and
® periodically review the need to widen Ira Needles Boulevard, currently planned for 2019.
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As such, there -are na eutstanding Regional requirements to be addressed prier to City of
Kitchener Council removing tl~e {M) balding p~avis®n on the subject Phase 2 lands.
Should you have any questions, please do net Hesitate to contact Mr. Shilling Yip, Principal
Planner, at (519) 575a4496.
Yours truly,
~renna MacKinnon, MC1P, I~PP
Manager, Greenfield Planning
cc. Cheryl Marcy, Transportation Planning
®OCS # 997019
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Report N~ ~S~®11 ~~~~
Appendix ""
APPENDIX "F" -HOLDING PROVISIONS FOR SPECIFIC LANDS
57. Notwithstanding Section 13A of this 13y-law, within the lands zoned C®8 and shown as affected by
this Subsecti®n on Schedules ~, 5, 12 and 13 of Appendix `A' and legally described as Part of Lot
39, German Company Tract, the holding. provision for Phase 2 will not be removed until such time
as the City of Kitchener is advised by the Region of Waterloo's Commissioner of Planning Housing
and Community Services and the City's General Manager of Development and Technical Services,
that the following has been completed t® the'their satisfaction:
1. That a minimum ®f six months following the construction and occupancy of a substantial
portion (approximately 80% to 90°I°) of the 17,186.5. square metres of anchor store uses
permitted on the City of Kitchener portion of the site AND the 23,225 square metres of
anchor stores, cinema and fitness centre permitted on the City of Waterloo portion of the
site, the owner shall at their expense undertake an update to the Ira Needles Mixed lJse
Development Transportation Impact Study" Final Report (dated December 2008) by
Paradigm Transportation Solutions Ltd. to the satisfaction of the Regional Commissioner of
Planning Housing and Community Services and the City's General Manager of
Development and Technical Services, to determine if the assumptions, conclusions and
recommendations. contained in the original study remain valid and to determine what, if
any, additi®nal Regional and/or local road improvements are required to accommodate
Phase 2 of the development of the site; and
2. That the Region of Waterloo and the City of Kitchener have both the physical and financial
resources available to provide for the construction of any Regional and/or local road
impr®vements identified within the updated Transportation Impact Study required in
accordance with 1. above that are necessary to accommodate the Phase 2 development. If
the updated Transportation Impact Study identifies a critical need for any recommended
improvements to immediately support development of Phase 2 of the site, such
improvements shall be in place prior to occupancy of any development in Phase 2.
(By-law 2009-138, S.6) (Ira Needles Boulevard)
City of Kitchener Zoning By-law 85-1
Office Consolidation: October 26, 2009
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