HomeMy WebLinkAboutCSD-12-107 - Zone Change Application - 225 The BoardwalkStaff Re apt
KITCHEI~'ER Communr'ty SeruicPS Department www.kitchenertu
REPORT TO: Planning and Strategic Initiatives Committee
DATE OF MEETING: August 13, 2012
SUBMITTED BY: Alain Pinard, Director of Planning
PREPARED BY: Juliane von Westerholt, Senior Planner, 519-741-2776
WARD(S) INVOLVED: Ward 7
DATE OF REPORT: July 9, 2012
REPORT NO.: CSD-12-107
SUBJECT: ZONE CHANGE APPLICATION ZC12/13/T/JVW
THE BOARDWALK
THE INCC CORP.
SUBJECT
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Subject Property: The Boardwalk
RECOMMENDATION:
That Zone Change Application ZC12/13/T/JVW (The Boardwalk, The INCC Corp.) to remove
Holding Provision 58H be approved in the form shown in the attached "Proposed By-law"
dated August 13, 2012, attached to Report CSD-12-107 as Appendix A.
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REPORT:
The subject lands are located at The Boardwalk. These lands are part of a new commercial
development on Ira Needles Boulevard. The applicant is proposing to change the zoning on the
lands for the purpose of removing a holding provision. Holding Provision 58H was placed on the
property at the request of the Regional Municipality of Waterloo. It required the Owner to submit an
updated Traffic Impact Study to the Regional Municipality of Waterloo following the construction and
occupancy of Phases 1 and 2 on the City of Kitchener portion of the site, and required the approval
of the Regional Municipality of Waterloo prior to proceeding to the development of Phase 3. The
proposed zone change relates to the lands within the City of Kitchener only. 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 3, remained valid. The updated traffic study was
also required to indicate whether any additional local or Regional road improvements were required
to accommodate Phase 3 development.
Planning Staff is in receipt of a letter dated July 5, 2012 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 58H for Phase 3.
FINANCIAL IMPLICATIONS:
There are no financial implications to the City.
COMMUNITY ENGAGEMENT:
Notice of the August 13, 2012 Planning and Strategic Initiatives Committee Meeting (public meeting)
will be advertised in The Record on July 20, 2012 (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:
The Region of Waterloo has approved the required Traffic Impact Study. As a result, Holding
provision 58H is no longer required for the subject lands at the Boardwalk. Based on the foregoing,
the Community Services Department recommends that Zone Change Application ZC12/13/T/JVW
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 Aug 13, 2012
Appendix B -Map No.1
Appendix C -Newspaper Advertisement
Appendix D -Letter from the Region of Waterloo, dated July 5, 2012
Appendix E -Holding Provision 58H, Zoning By-law 85-1
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Report No. GSD®12- l O `~-
PROPOSED BY-LAW Appendix`~~«
August 13, 2012
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 -The INCC Corp.
-The Boardwalk)
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 No. 4 of Appendix "A" to By-law Number 85-1 is hereby amended by changing
the zoninq_applicable to the_ parcel of land specified and it ustrated as Area 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 and 58H to Commercial Campus Zone (C-8) with Special Use Provision 3900, Special
Regulation Provisions 494R and 495R and Holding Provision 55H.
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 Area 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 and 58H to Commercial Campus Zone (C-8) with Special Use Provision 3900, Special
Regulation Provisions 494R and 496R and Holding Provision 55H.
3. Schedule Nos. 4, 5, 12 and 13 of Appendix "A" to By-law Number 85-1 are hereby
amended by changing the zoning applicable to the parcel of land specified and illustrated
as Area 3 on Map No. 1, in the City of Kitchener, attached hereto, from Commercial
Campus Zone (C-8) with Special Use Provision 3900, Special Regulation Provision 494R
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and Holding Provisions 55H and 58H to Commercial Campus Zone (C-8) with Special Use
Provision 3900, Special Regulation Provision 494R and Holding Provision 55H.
PASSED at the Council Chambers in the City of Kitchener this
day of
A. D. 2012.
Mayor
Clerk
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Report Nm. CS®-12- 1 C~ ~-
Appendix `° ~.~~
Advertised in The Record -July 20, 2012
PLANNING MATTERS:
PROPERTY OWNERS AND INTERESTED PARTIES ARE INVITED
TO ATTEND A PUBLIC MEETING TO DISCUSS
PROPOSED AMENDMENT TO THE KITCHENER ZONING BY-LAW
UNDER SECTION 34 OF THE PLANNING ACT
The Boardwalk
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The purpose of this zone change is to remove a holding provision that was placed on the
property, to require a Traffic Impact Study to be completed far the site at certain stages of
development to the satisfaction of the Region of Waterloo. The Traffic Impact Study was
completed for the site has been approved by the Region of Waterloo.
The public meeting will be held by the Planning & Strategic Initiatives Committee, a Committee of
Council which deals with planning matters on:
MONDAY, August 13, 2012 at 7 PM
COUNCIL CHAMBERS, 2"d FLOOR, CITY HALL
200 KING STREET WEST, KITCHENER.
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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 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 Wednesday evening
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).
City Planning Division
Phone No. 519-741-2426 (TTY-TDD - 519-741-2385)
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ilia
Region of Waterloo
Refer To:
Cheryl Marcy
519-575-4757 x3243
Report Rlo. CSD-12- t O~
Appendix "1~"
File No;
T15-40/70 IRA
101 Ira Needles Boulevard
Jim Mallett, P.Eng
Paradigm Transportation Solutions Ltd
'CANNING, HOUSING AND
;OMMUNITY SERVICES
50 Frederick Street, 8th Floor
Kitchener ON N2G 4J3 Canada
Telephone: 519-575-4533
Fax: 519-575-4449
www.regionofwaterloo.ca
Dafe;
July 5, 2012
43 Forest Raad
. Cambridge ON N1 S 3B4
Dear Mr. Mallett:
Re: 101 !ra Needles Boulevard Revised Office Trip Generation Analysis
Transportation Planning staff have reviewed the 101 Ira Needles Boulevard Revised Office Trip
Generation Analysis dated February 29, 2012 prepared by Paradigm Transportation Solutions
Limited and found the report satisfactory.
Yours truly,
hn~(s d"
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Cheryl Marcy, C.E.T.
Transportation Planner.
/cm
1201931
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Rep®rt Nro. ~5~-12- !~~}
Appendix "~."
APPENDIX "F" -HOLDING PROVISIONS FOR SPECIFIC LANDS
58. Notwithstanding Section 13A of this By-law, within the lands zoned C-8 and shown as affected by
this Subsection on Schedules 4, 5, 12 and 13 of Appendix `A' and legally described as Part of Lot
39, German Company Tract, the holding provision for Phase 3 wilt 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 fallowing has been completed to their satisfaction:
That a minimum of six months following the construction and occupancy of a substantial
portion (approximately 80% to 90%) of the combination of Phases 1 and 2 on the City of
Kitchener portion of the site AND Phase 1 and a minimum of 6,688.8 square metres of
gross floor area devoted to office use of Phase 2 as permitted by the City of Waterloo
zoning by-law on the City of Waterloo portion of the site, the owner shall at their expense
undertake a further update to the "tra Needles Mixed Use 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, as updated for Phase 2, remain valid and to determine what, if any,
additional Regional and/or local road improvements are required to accommodate Phase
3 of the development of the site; and
2 Thy±±hn~. Qegion of \A/~,,terl2~' anti th° (`it'y ^f Kitrhe;rZar ha~;iehnth tha ~hy~lrat anr~,lfina!?(lal
resources available to provide for the construction of any Regional and/or local road
improvements identified within updated Transportation Impact Study required in
accordance with 1. above that are necessary to accommodate the Phase 3 development. If
the updated Transportation Impact Study identifies a critical need for any recommended
improvements to immediately support development of Phase 3 of the site, such
improvements shall be in place prior to occupancy of any development in Phase 3.
(By-law 2009-138, S.7) (Ira Needles Boulevard)
City of Kitchener Zoning By-law 85-1
Office Consolidation: October 26, 2009
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