HomeMy WebLinkAboutCSD-14-010 - Official Plan Amendment - Zone Change Application - 818-824 Victoria Street North
REPORT TO:
Planning and Strategic Initiatives Committee
DATE OF MEETING:
March 17, 2014
SUBMITTED BY:
Alain Pinard,Director of Planning
PREPARED BY:
Alexandra Pires, Planning Technician, 519-741-2200 ext.
7071
WARD(S) INVOLVED:
Ward 1
DATE OF REPORT:
February 20, 2014
REPORT NO.:
CSD-14-010
SUBJECT:
OFFICIAL PLAN AMENDMENT OP13/05/V/ATP
ZONING BY-LAW AMENDMENT ZC13/16/V/ATP
820VICTORIA STREET NORTH
VICTORIA TRIO INC.
Location Map:820 Victoria Street North
RECOMMENDATION:
A. That Official Plan Amendment Application OP13/05/V/ATP for 820 Victoria Street
North (Victoria Trio Inc.) requesting to introduce Special Policy 53 to permit a
that is subject to asite-specific provision on the parcel
of lbe adopted, in the form
shown in the Official Plan Amendment attached to Report CSD-14-010as
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Appendix A, and accordingly forwarded to the Region of Waterloo for approval;
AND FURTHER,
B.That Zone ChangeApplication ZC13/13/V/ATPfor 820Victoria Street North
(Victoria Trio Inc.) for the purpose of changing the zoning from Service Industrial
Zone (M-3) toService Industrial Zone (M-3) with Special UseProvision 433Uand
Holding Provision 69H to permit aon the parcel of land
be approvedin the form shown in
-February 4, 2014attached to Report CSD-14-010as
B.
EXECUTIVE SUMMARY:
The owner of820 Victoria Street North is proposing to amend the Official Plan
designation by adding a special p
owner is also proposing to amend the Zoning By-law by adding a Special UseProvision to
The Regional
Municipality of Waterloo requires a Record a Site Condition (RSC) acknowledged by the
Ministry of Environment as per Ontario Regulation 153/04 as
proposing to apply Holding Provision 69H to the subject lands that will not be lifted until such
time as a RSC has been acknowledged by the Ministry of the Environment. Staff is
recommending that the proposed Official Plan Amendment be adopted and accordingly
forwarded to the Region of Waterloo for approval, and that the proposed Zone Change be
approved.
INTRODUCTION:
The subject property is located at 820 Victoria Street North in proximity to the intersection of
Bruce Street. The site is occupied by two existing buildings and is located adjacent to the
Canadian National Railway line.
The applicant is proposing aReligious Institution on the subject property which is currently not
permitted in the Arterial Commercial Corridor designation in the Official Plan or the Service
Industrial Zone (M-3) in the Zoning By-law. As a result, the applicant has submitted an Official
Plan Amendment and Zone Change application to permit a Religious Institution on site. A
Religious Institution is described in Section 4 of the Zoning By-law as a building or part thereof
used by any religious organization for public worship or other ecclesiastical functions andmay
include a rectory or manse, a church hall, day care facility and educational or recreational uses
associated with or accessory thereto.
In addition, the applicant has submitted a Site Plan application to ensure that the proposed use
functions appropriately onthe subject property.Thelarger building on site will contain the main
components of the proposed religious institution such as the church hall, sanctuary, chapel and
accessory uses such as offices. Staff advise that the required parking for the proposed use can
be fully accommodated on site.
REPORT:
Proposed Official Plan Amendment
The current land use designation on the subject lands is Arterial
Commercial Corridor. The Arterial Commercial Corridors are predominantly automobile oriented
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and provide locations for commercial and industrial business uses. The permitted uses
generally provide a specialized product or service to persons coming specifically to the
premises to do business, exposure to the travelling public, and due to the characteristics of the
operation should not generally be required to locate within an industrial area. These corridors
have historically developed with a range of service type uses. A Religious Institution use was
not contemplated in this designation and accordingly is not listed as apermitted use. The
applicant is requesting to introduce a Special Policy to the subject property to permit aReligious
Institution use.
Plan the subject lands are proposed to
as an Urban Corridor on Map 2
a use that will be permitted in this land use designation and urban structure element.
- type Religious Institution which
will attract members on a Regional basis rather than aneighbourhood basis. As such, staff is of
the opinion that the use is appropriate for the proposed location based on the following analysis.
The proposed site is in close proximity to the highway,the regional road system and local
transit,contains a sizable area to accommodate the required parking and is occupied with
existing buildings that are sufficient in size to accommodate the proposed use. These are often
desirable criteria for a religious institution for the scale and type proposed by the applicant.It is
roposed use is compatible with the area as it may provide added use or
efficiency of land at different times than commercial space and it is not expected to remove a
significant amount of land from the commercial or industrial inventory.
In addition, any changes required for on-site facilities to accommodate the proposed use such
as access, parking, landscaping, building elevations, etc. will be addressed through the site plan
approval process.
Staff recommend that the proposed Official Plan Amendment
report be adopted by Council and forwarded to the Region of Waterloo for approval.
Proposed Zone Change
The subject property is currently zoned Service Industrial Zone (M-3) which permits a range of
commercial and industrial uses. The applicant is proposing a Religious Institution on the subject
property which is currently not permitted in the M-3 zone. A Religious Institution is described in
Section 4 of the Zoning By-law as a building or part thereof used by any religious organization
for public worship or other ecclesiastical functions and may include a rectory or manse, a church
hall, day care facility and educational or recreational uses associated with or accessory thereto.
Although the subject lands are currently zoned Service Industrial Zone (M-3), they are
to initiate a comprehensive zoning by-law that will rezone the lands from industrial to
commercially oriented uses.
Staff is of the opinion that the -type Religious Institution the applicant is proposing will
attract members on a Regional basis rather than a neighbourhood basis. The subject property is
located on a Regional Road in close proximity to the
proposed type of Religious Institution is compatible with subject location and the surrounding
area as it can be easily accessed by the existing transportation system and local transit,may
provide added use or efficiency of land at different times than commercial space and it is not
expected to remove a significant amount of land from the commercial or industrial inventory.
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The proposed use is compatible with adjacent land uses. City staff recognises there has been a
demand for sites for religious institutions and this proposal is appropriate and helps to meet this
demand.
Upon review of the proposed application, Regional staff advised that the subject lands are listed
having the potential for contamination as it was
a former industrial site and it adjacent to industrial site(s) containing known contamination. A
Record of Site Condition (RSC) acknowledged by the Ministry of Environment as per Ontario
Regulation 153/04 will be required prior to issuance of a building permit. As such, staff is
proposing to apply Holding Provision 69H to the subject lands that will not be lifted until such
time as a RSC has been acknowledged by the Ministry of the Environment.
For these reasons, staff recommends the proposed Zone Change
this report be approved by Council.
Provincial and Regional Policy Considerations
Provincial Policy Statement, 2005
The Provincial Policy Statement (PPS) provides policy direction on matters of provincial interest
optimize the use of land, resources, and public investment in infrastructure and public service
facilities.
Staff are of the opinion that the proposal makes efficient use of the land and existing
infrastructure. For these reasons, the proposed Official Plan Amendment and Zone Change are
consistent with the PPS.
2006 Growth Plan for the Greater Golden Horseshoe
The Growth Plan for the Greater Golden Horseshoe (Growth Plan) provides policy direction on
growth, infrastructure and resource protection. The Growth Plan directs growth to built-up areas;
promotes transit-supportive densities; encourages a mix of uses, including a range and mix of
housing types; calls for building compact, vibrant and complete communities; and optimizes the
use of existing infrastructure.
The subject land is within the built-up area and located in close proximity to transit along Victoria
Street North and makes efficient use of existing infrastructure. For these reasons, the proposed
Official Plan Amendment andZone Change are consistent with the Growth Plan.
Regional Official Policies Plan and Regional Official Plan
The new Regional Official Plan (ROP) is currently under appeal and is therefore not in full force
and effect. However, the subject applications were reviewed in the context of the new ROP
policies which closely relate to the previous Official Plan.
The subject land is designated City Urban Area in the ROP. The ROP provides policy direction
on managing development. The ROPP directs growth to built-up areas and encourages the
creation of compact, mixed use communities that support more efficient use of transit and other
municipal infrastructure and services. For these reasons, the proposed Official Plan Amendment
and Zone Change are consistent with the ROP.
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Municipal Policy Considerations
City of Kitchener Official Plan
The subject property is designated
(OP). The Arterial Commercial Corridors are predominantly automobile oriented and provide
locations for commercial and industrial business uses. The permitted uses generally provide a
specialized product or service to persons coming specifically to the premises to do business,
exposure to the travelling public and due to the characteristics of the operation should not
generally be required to locate within an industrial area. These corridors have historically
developed with a range of service type uses.
Section 3 of the current Official Plan recognises that community facilities such as places of
worship may not be publicly owned but nonetheless serve large segments of the population. It
further recognises the importance of these facilities and encourages the City to make provisions
for them throughout the community. Further, policies promote the City to decentralize
institutional facilities such as the proposed use and permit them in locations that are near
residential neighbourhoods.
type of Religious Institution conforms with the
general objectives in The applicant is proposing -is
automobile-oriented and will attract a large segment of the population on a Regional basis
rather than a neighbourhood basis.The subject site is also located in close proximity to
residential neighbourhoods situated behind commercial development on the south side of
Victoria Street North. For these reasons, the proposed Official Plan Amendment and Zone
Change are consistent with the OP.
Kitchener Growth Management Strategy, 2009
The Kitchener Growth Management Strategy (KGMS) helps to ensure that growth is managed
effectively and that the City achieves the required density and intensification targets, while
accomplishing the desired built form and function which will enhance quality of life. The KGMS
is based on the principle that maximizing the use of existing infrastructure is preferred and that
planning for and implementing intensification is also a high priority.
The use of the subject property is proposed to change, however no exterior changes to the built
form are required. The use will be accommodated within the existing building on site which will
use existing infrastructure. As such, the proposed Official Plan Amendment and Zone Change
are consistent with the intent of the KGMS.
Other Materials and Information
The application submitted a Planning Justification and Background Report dated November 19,
2013. The Report provided information to support the proposed Official Plan Amendment and
Zone Change Applications and how they relate to the Provincial Policy Statement, the Growth
Plan for the Greater Horseshoe, the Regional Official plan and the City Official Plan. Staff agree
with the conclusions of this Report.
In addition, the applicant was also required to submit an Environmental Noise and Vibration
Study to evaluate several transportation and stationary noise sources including but not limited to
the Canadian National Railway line, Victoria Street North, future Highway 7 expansion,
Conestoga Parkway and adjacent commercial/industrial uses.
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Agency Comments
Commenting agencies and City departments have no concerns with the Official Plan
Amendment andZone Change. Comments have been addressed through the application
process. A summary of these comments can be fou.
Public Comments
As a result of the preliminary circulation of the Official Plan Amendment and Zone Change
applications, staff did not receive any written comments from the surrounding community.
ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN:
The proposed Official Plan Amendment and Zone Change will allow the adaptive reuse of the
property with an appropriate use that will be compatible with the subject location and
surrounding area. This aligns with the Kitchener Strategic Plan as it ensures the implementation
of the community priority -.
FINANCIAL IMPLICATIONS:
No new or additional capital budget requests are expected with this recommendation.
COMMUNITY ENGAGEMENT:
The proposed Official Plan Amendment and Zone Change were circulated to City departments,
commenting agencies and property owners within 120 metres of the subject land as per
Planning Act requirements in December 2013. A copy of all department/agency comments are
attached as Appendix C to this report. Notice signs were placed on the subject land advising of
the applications. Staff did not receive any comments from the public circulation.
Notice of the Public Meeting, attached as Appendix to this report, will be given in The Record
on February 21, 2014 and posted on the City of Kitchener website at www.kitchener.ca.
CONCLUSION:
In conclusion, the applicant is proposing a religious institution use that will have members
traveling from a broader Regional basis which requires a site that is located on a Regional Road
in close proximity to transit and the highway. The proposed use may provide added use or
efficiency of land at different times than commercial space and it is not expected to remove a
significant amount of land from the commercial or industrial inventory. The subject site is also
located in close proximity to residential neighbourhoods situated behind commercial
development on the south side of Victoria Street North. The proposed use is compatible with
adjacent land uses. City staff recognises there has been a demand for sites for religious
institutions and this proposal is appropriate and helps to meet this demand.
The applicant has submitted Planning Act applications to facilitate the adaptive reuse of the
proposed Official Plan Amendment and Zone Change are
consistent with the Provincial Policy Statement, Growth Plan for the Greater Golden Horseshoe,
and the Regional Official Policies Plan. Based on the foregoing, the Official Plan Amendment
andZone Change are considered appropriate. Staff consider this good planning and
recommend that Official Plan Amendment application OP13/05/V/ATP be adopted by Council
and forwarded to the Region of Waterloo for approval and that Zone Change application
ZC13/16/V/ATP be approved by Council.
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REVIEWED BY:
Della Ross, Manager of Development Review
ACKNOWLEDGED BY:
Michael May, Deputy CAO
Community Services Department
Attachments
and Schedule A
-law and Map 1
Ap
D Newspaper Advertisement
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AMENDMENT NO. __ TO THE OFFICIAL PLAN
OF THE CITY OF KITCHENER
VICTORIA TRIO INC.
820 Victoria Street North
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AMENDMENT NO. __ TO THE OFFICIAL PLAN
OF THE CITY OF KITCHENER
VICTORIA TRIO INC.
820 Victoria Street North
INDEX
SECTION 1 TITLE AND COMPONENTS
SECTION 2 PURPOSE OF THE AMENDMENT
SECTION 3 BASIS OF THE AMENDMENT
SECTION 4 THE AMENDMENT
APPENDICES
APPENDIX 1 Notice of the Meeting of Planning and Strategic Initiatives
Committee ofMarch 17, 2014
APPENDIX 2 Minutes of the Meeting of Planning and Strategic Initiatives
Committee March 17, 2014
APPENDIX 3 Minutes of the Meeting of City Council March 31, 2014
2
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AMENDMENT NO. __ TO THE OFFICIAL PLAN
OF THE CITY OF KITCHENER
SECTION 1 TITLE AND COMPONENTS
This amendment shall be referred to as Amendment No. __ to the Official Plan of the City of Kitchener. This
amendment is comprised of Sections 1 to 4 inclusive.
SECTION 2 PURPOSE OF THE AMENDMENT
The purpose of this Official Plan Amendment is to add a special policy area to permit a Religious Institution
at 820 Victoria Street North.
SECTION 3 BASIS OF THE AMENDMENT
The current land use designation on the subject lands is Arterial Commercial Corridor in the Official Plan.
This designation is predominantly automobile oriented and provides locations for commercial and
industrial business uses. The permitted uses generally provide a specialized product or service to persons
coming specifically to the premises to do business, exposure to the travelling public and due to the
characteristics of the operation should not generally be required to locate within an industrial area.
The proposed site is in close proximity to the highway and the regional road system, is occupied with two
existing buildings that are sufficient in size to accommodate the proposed use and contains a sizable area
to accommodate the required parking for such use.
The applicant is proposing to add a Special Policy to the subject lands to permit a Religious Institution on
the subject site. Staff is of the opinion that the proposed use is appropriate for the subject lands and will
be compatible with the surrounding area. The applicant is proposing a type of use that will attract a large
segment of the population that will be located on a Regional Road in close proximity to the highway and
local transit, may provide added use or efficiency of land at different times than commercial space and it
is not expected to remove a significant amount of land from the commercial or industrial inventory. The
amendment as proposed herein is keeping with the general intent of the Regional Official Plan policies
and Growth Plan, and is consistent with the Provincial Policy Statement with respect to making efficient
use of existing infrastructure and use of land in close proximity to transit. Based on the foregoing, this
Official Plan Amendment is in the public interest and represents good planning.
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SECTION 4 THE AMENDMENT
1.The City of Kitchener Official Plan is hereby amended as follows:
a)Part 3 Section 12 is amended to add new Special Policy #53 as follows:
3. Notwithstanding the Arterial Commercial Corridor designation, on lands
municipally known as 820 Victoria Street North, a Religious Institution
shall be permitted.
Map No. 8 add new Special Policy Area No. 53 to 820 Victoria Street North as
4
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APPENDIX 1 Notice of the Meeting of Planning and Strategic Initiatives
Committee of March 17, 2014
Advertised in The Record February 21, 2014
PLANNING MATTERS:
PROPERTY OWNERS AND INTERESTED PARTIES ARE INVITED
TO ATTEND A PUBLIC MEETING TO DISCUSS
A PROPOSED AMENDMENT TO THE KITCHENER OFFICIAL PLAN
UNDER THE APPLICABLE SECTIONS 17 AND 22 OF THE PLANNING ACT
AND
A PROPOSED ZONING BY-LAW
UNDER SECTION 34 OF THE PLANNING ACT
820 Victoria Street North
Street North. The subject property is currently designat
--law. The owner of 820 Victoria Street North is proposing to amend the
-law by adding a Special Use Provision to the existing zoning
ject lands until such time a Record
of Site Condition has been acknowledged by the Ministry of the Environment.
Planning & Strategic Initiatives Committee
The public meeting will be held by the , a Committee of Council which
deals with planning matters on:
MONDAY, March 17, 2014 at 7:00 P.M.
nd
COUNCIL CHAMBERS, 2FLOOR, 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 that files a notice of appeal of a
opposition to, either of/any of the above noted proposal(s).
decision does not make oral submissions at this public meeting or make a written submission prior to
approval/refusal of this/these proposal(s), the Ontario Municipal Board may dismiss all or part of a subsequent
appeal.
ADDITIONAL INFORMATION
is available by contacting the staff person noted below, viewing the report contained in
the meeting agenda (available at www.kitchener.caon the Wednesday evening prior to the meeting - click on the meeting date
th
in the Calendar of Events), 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).
Alexandra Pires
, Planning Technician - 519-741-2200 ext. 7071 (TTY: 1-866-969-9994), alexandra.pires@kitchener.ca
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APPENDIX 2 Minutes of the Meeting of Planning and Strategic
Initiatives Committee March 17, 2014
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APPENDIX 3 Minutes of the Meeting of City Council March 31, 2014
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PROPOSED BY LAW
February 4, 2014
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
Victoria Trio Inc. 820 Victoria Street North)
WHEREAS it is deemed expedient to amend By-law 85-1;
NOW THEREFORE the Council of the Corporation of the City of Kit
1.-law Number 85-1 is hereby amended by changing the
zoning applicable to the parcel of land specified and illustrate1 on Map No. 1, in the City
of Kitchener, attached hereto, from Service Industrial Zone (M-3
with Special Use Provision 433U and Holding Provision 69H.
2.-law Number 85-1 is hereby further amended by
incorporating additional zone boundaries as shown on Map No. 1 a
3.-law 85-1 is hereby amended by adding Section 433 thereto as fol
Notwithstanding Section 21.1 of this By-law, within the lands zoned M-3
a Religious Institution shall be permitted subject to the regu
Section 21.3.1 of this By-
4.-law 85-1 is hereby amended by adding Section 69 thereto as foll
Within the lands zoned M-3 shown as affected by this subsection
permitted in accordance with the regulations in Section 21.3.1
By-law until such time as the holding symbol affecting the lands h
been removed by By-law. The holding symbol shall not be remove
such time as:
i)The Regional Municipality of Waterloo is in receipt of a
Record of Site Condition and a letter of acknowledgement fro
the Ministry of the Environment or its delegate advising tha
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Record of Site Condition has been completed in accordance
with the Environmental Protection Act, as amended; and
ii)The holding symbol affecting these lands has been
removed by by-
5. This By-law shall come into effect only upon approval by the Mi
Housing, or his/her delegate, of Official Plan Amendment No. 53, for Victoria Trio Inc., 820
Victoria Street North, but upon such approval, the provisions he
deemed to have come into force on the date of passing hereof.
PASSED at the Council Chambers in the City of Kitchener this
day of , 2014
_____________________________
Mayor
_____________________________
Clerk
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SCHEDULE 179SCHEDULE 177
SCHEDULE 138SCHEDULE 140
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Appendix D
PLANNING MATTERS:
PROPERTY OWNERS AND INTERESTED PARTIES ARE INVITED
TO ATTEND A PUBLIC MEETING TO DISCUSS
A PROPOSED AMENDMENT TO THE KITCHENER OFFICIAL PLAN
UNDER THE APPLICABLE SECTIONS 17 AND 22 OF THE PLANNING ACT
AND
A PROPOSED ZONING BY-LAW
UNDER SECTION 34 OF THE PLANNING ACT
820 Victoria Street North
20 Victoria
--law. The owner of 820 Victoria Street North is proposing to amend the
Special P
-law by adding a Special Use Provision to the existing zoning ca
and to apply a Holding Provision on the subject lands until such
Condition has been acknowledged by the Ministry of the Environme
The public meeting will be held by the Planning & Strategic Initiatives Committee, a Committee of Council which deals
with planning matters on:
MONDAY, March 17, 2014 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
opposition to, either of/any of the above noted proposal(s). If a person or public body that files a notice of appeal of a
decision does not make oral submissions at this public meeting o
approval/refusal of this/these proposal(s), the Ontario Municipa
appeal.
ADDITIONAL INFORMATION is available by contacting the staff person noted below, viewin
meeting agenda (available at www.kitchener.ca on the Wednesday evening prior to the meeting - click on the meeting date
th
in the Calendar of Events), or in person at the Planning Divisio Floor, City Hall, 200 King Street West, Kitchener between
8:30 a.m. - 5:00 p.m. (Monday to Friday).
Alexandra Pires, Planning Technician - 519-741-2200 ext. 7071 (TTY: 1-866-969-9994), alexandra.pires@kitchener.ca
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