HomeMy WebLinkAboutCSD-16-078 - Removal of Holding Provision - ZC16-010-V-JVW
REPORT TO: Community & Infrastructure Services Committee
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DATE OF MEETING: December 5, 2016
SUBMITTED BY: Alain Pinard, Director of Planning
PREPARED BY: Juliane vonWesterholt,Senior Planner, 519-741-2200 ext.
7157
WARD INVOLVED: Ward 9
DATE OF REPORT: November 4th, 2016
REPORT NO.: CSD-16-078
SUBJECT: ZONE CHANGE APPLICATION ZC16/010/V/JVW
98, 100, 100 ½, 110 VICTORIA STREET SOUTH and 55
BRAMM STREET (2373074 MOMENTUM
DEVELOPMENT)
____________________________________________________________________
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
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RECOMMENDATION:
That Zone Change Application ZC16/010/V/JVW for 98, 100, 100 ½, 110 Victoria
Street South and 55 Bramm Street(2373074 Momentum Development) for the
purpose of changing the zoning by removing Holding Provision 72H from the
-
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December 5, 2016, attached to the Report CSD-16-078 as Appendix A,
be approved.
REPORT:
In November of 2014 the applicant received approval from the City for an official plan
amendment and zone change application, proposing the redevelopment of the subject
lands with a two tower mixed used development with 306 apartment units as well as
office and commercial uses. The amending bylaw and Official Plan Amendment were
subsequently appealed to the Ontario Municipal Board and were finally approved in July
2016 after a 16 day hearing over the course of several months.
At the time of the abovementioned zone change, Holding Provision 72H was retained
within the zoning of the property to prohibit any new uses until such time as a Noise
Planning and Housing to allow such uses (see Appendix E).The purpose of the Noise
study was to ensure that noise levels were acceptable for the proposed uses and to
make recommendations for any mitigation that may be needed to make noise levels
acceptable during the construction of the mixed use building.
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On November 4 the City received notification from the Region of Waterloo that the
Noise Feasibility Study prepared by HGC and dated October 28, 2016 had been
reviewed and approved by the Regional Staff and confirmed that they were suitable for
new land uses. Consequently, the applicant is requesting removal of Holding Provision
72H through the subject zone change application in order to allow the site to be
developed (see Map No.1 of Appendix A).
In this regard, Planning staff recommends removing Holding Provision 72Hfrom the
lands shown on Map No.1 contained within Appendix A.
ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN:
vision through the delivery of core service.
FINANCIAL IMPLICATIONS:
There are no financial implications to the City.
COMMUNITY ENGAGEMENT:
INFORM- Notice of the intention to pass a by-law to remove the holding provision will be
placed in The Record on November 11, 2016 (see Appendix B), thereby using the
nformPlanning Act no
statutory public meeting is required for zone change amendments to remove holding
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provisions, and no neighbourhood circulation is required.Furthermore, this report has
been posted h the agenda in advance of the Council /
Committee meeting.
CONCLUSION:
Planning staff is of the opinion that the requested zone change to remove Holding
Provision 72H from the lands specified in the attached Map No.1 of Appendix A is
appropriate at this time since the requirements to release the holding provision have
been met. Planning staff recommends approval of the application as outlined in the
Recommendationsection of this report.
REVIEWED BY:
Della Ross, Manager of Development Review
ACKNOWLEDGED Michael May, Deputy CAO
BY:Community Services Department
Attachments:
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Appendix A - Proposed Zoning By-law including Map No.1, dated December 5, 2016
Appendix B - Newspaper Advertisement
Appendix C - Regional Approval Letter
Appendix D - Documentation from the Regional Municipality of Waterloo
Appendix E - Holding Provision 72H
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CSD-16-078 - Appendix A
PROPOSED BY LAW
December 5, 2016
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 2373074
Momentum Development 98,100,100 ½ 110 Victoria Street
South and of 55 Bramm Street )
WHEREAS it is deemed expedient to amend By-law 85-1 for the lands specified above;
NOW THEREFORE the Council of The Corporation of the City of Kitchener enacts as
follows:
Schedule Numbers73,74, and 84 of Appe-law Number 85-1 are hereby
amended by changing the zoning applicable to the parcels of land specified and illustrated as
Area 1 on Map No. 1, in the City of Kitchener, attached hereto, from -
6) with Special Use Provision 439U, Special Regulations 656R, 657R, 658R, 659R, 660R
and Holding Provisions 72H and 73Hto -6) with Special Use
Provision 439U, Special Regulations 656R, 657R, 658R, 659R, 660R and Holding
1.
PASSED at the Council Chambers in the City of Kitchener this day of
,2016.
_____________________________
Mayor
_____________________________
Clerk
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CSD-16-078 - Appendix A
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CSD-16-078 - Appendix B
Advertised in The Record November 11, 2016
NOTICE OF INTENT TO REMOVE HOLDING PROVISIONS
PROPOSED AMENDMENTS TO THE KITCHENER ZONING BY-LAW
UNDER SECTION 36 OF THE PLANNING ACT
98,100, 1001/2, 110 Victoria Street South and part of 55 Bramm Street
Zone Change Application ZC16/010/V/JVW
The purpose of this Zone Change Application is to remove Holding Provision 72H from the zoning of the above noted
lands. This holding provision prohibits any land use on the property until such time as aNoise Study is prepared and
approved by the Regional Municipality of Waterloo to allow new land uses. The applicant is now requesting removal of
this Holding Provision as the Noise study has been prepared and approved by the Region of Waterloo.
This application will be considered Community and Infrastructure Services Committee on Monday, December
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5, 2016, in the Council Chambers, 2Floor, City Hall, 200 King Street West, Kitchener.If you have any questions or
comments about this matter, please see below.
ADDITIONAL INFORMATION is available by contacting the appropriate staff person noted below, viewing the report
contained in the meeting agenda (available on the Friday afternoon prior to the meeting, in the calendar section of the website
http://www.kitchener.ca/calendar/calendarEvent.aspx), or in person at the Community Services Department - Planning
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Division, 6 Floor, City Hall, 200 King Street West, Kitchener between 8:30 a.m. - 5:00 p.m. (Monday to Friday).
Juliane vonWesterholt,Senior Planner -519-741-2200 x 7157 (TTY: 1-866-969-9994), juliane.vonwesterholt@kitchener.ca
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CSD-16-078 - Appenidx C
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CSD-16-078 - Appendix D
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CSD-16-078 - Appendix D
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CSD-16-078 - Appendix D
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CSD-16-078 - Appendix E
- HOLDING PROVISIONS FOR SPECIFIC LANDS
72. Notwithstanding Section 17 of this bylaw, within the lands zoned D-6 as shown as affected by this
i) No permitted uses including residential within the D6 Zone shall be permitted until such time
as a Traffic, Railway and Stationary Noise Study is submitted and approved to the
satisfaction of the Regional Commissioner of Planning, Housing and Community Services, if
necessary. This Holding Provision shall not be removed until the City of Kitchener is in
receipt of a letter from the Regional Commissioner of Planning, Housing and Community
Services advising that such noise study or studies has been approved and an agreement,
as necessary, has been entered into with the City and/or Region, as necessary, providing for
the implementation of any recommended noise mitigation measures.
(OMB Order PL141492) (98, 100, 100½, 110 Victoria Street South and 55 Bramm Street)
City of Kitchener Zoning By-law 85-1 Office Consolidation: August 5, 2016
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