HomeMy WebLinkAboutCSD-17-029 - Zone Change Application ZC16/010/V/JVW Victoria and Bramm
REPORT TO: Community & Infrastructure Services Committee
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DATE OF MEETING: April 3, 2017
SUBMITTED BY: Alain Pinard, Director of Planning
PREPARED BY: Juliane vonWesterholt,Senior Planner, 519-741-2200 ext.
7157
WARD INVOLVED: Ward 9
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DATE OF REPORT: March 6, 2017
REPORT NO.: CSD-17-029
SUBJECT: ZONE CHANGE APPLICATION ZC16/010/V/JVW
98, 100, 100 ½, 110 VICTORIA STREET SOUTH and 55
BRAMM STREET
2373074 ONTARIO LIMITED (MOMENTUM
DEVELOPMENTS)
____________________________________________________________________
*** 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 ZC17/001/V/JVW for 98, 100, 100 ½, 110 Victoria
Street South and 55Bramm Street 2373074 Ontario Limited (Momentum
Developments) for the purpose of changing the zoning by removing Holding
Provision 73H from the lands specified in the attached Map No.1, in the form
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-April 3, 2017, attached to the Report
CSD-17-029 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 consisting of 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 above mentioned zone change, Holding Provision 73H was retained
within the zoning of the property to prohibit any residential land uses until such time as a
Record of Site Condition was approved by the Ministry of the Environment and the City
of Kitchener is in receipt of a letter from the MOEE that the Record of Site Condition has
been approved to allow such uses (see Appendix E).The purpose of the of the Record
of site condition is to ensure that contamination levels are 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 February 24, 2017, the City received notification from the Region of Waterloo that
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the Record of Site Condition report was approved by the MOEE on February 16,
2017 which confirmed that these lands are suitable for residential land uses.
Consequently, the applicant is requesting removal of Holding Provision 73H 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 73H from 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 March 10, 2017 (see Appendix B)
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theme from the Community Engagement Strategy. Under the Planning Act no statutory
public meeting is required for zone change amendments to remove holding provisions,
and no neighbourhood circulation is required.Furthermore, this report will be posted to
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 73H 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
Recommendation section 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 April 3, 2017
Appendix B - Newspaper Notice
Appendix C - Regional Approval Letter
Appendix D - Holding Provision 73H
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PROPOSED BY LAW
April 3, 2017
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 Ontario Inc. - Momentum Development
98,100,100 ½ 110 Victoria Street South and part
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:
1.Schedule Numbers73,74and84-law Number 85-1 are hereby
amended by changing the zoning applicable to the parcels of land specified and illustrated
as Area 1on Map No. 1, in the City of Kitchener, attached hereto, from Warehouse
DistrictZone(D-6) with Special Use Provision 439UandSpecial RegulationProvisions
656R, 657R, 658R, 659R, 660R and Holding Provision 73Hto Warehouse District Zone
(D-6) with Special Use Provision 439UandSpecial RegulationProvisions 656R, 657R,
658R, 659Rand660R.
PASSED at the Council Chambers in the City of Kitchener this day of
,2017.
_____________________________
Mayor
_____________________________
Clerk
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Advertised in The Record March 10, 2017
NOTICE OF INTENT TO REMOVE HOLDING PROVISIONS
PROPOSED AMENDMENTS TO THE KITCHENER ZONING BY-LAW
UNDER SECTION 36 OF THE PLANNING ACT
98, 100, 100 ½, 110 Victoria Street South and 55 Bramm Street
The purpose of this zone change application is to remove Holding Provision 73H from the zoning of the above noted
lands. This holding provision prohibits residential land use on the property until such time as aRecord of Site condition is
prepared and approved by the Ministry of the Environment (MOEE) and the Regional Municipality of Waterloo releases
the removal of the holding provision to allow residential land uses. The applicant is now requesting removal of this
Holding Provision as the Record of Site Condition has been approved by the MOEE and released by the Region of
Waterloo.
This application will be considered Community and Infrastructure Services Committee on Monday, April3,
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2017, 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 (posted 10 days before the meeting at www.kitchener.ca - click on the date in the Calendar
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of Events and select the appropriate committee), or in person at the Community Services Department - Planning Division, 6
Floor, City Hall, 200 King Street West, Kitchener between 8:30 a.m. - 5:00 p.m. (Monday to Friday).
Juliane von Westerholt,Senior Planner - 519-741-2200 ext. 7157 (TTY: 1-866-969-9994),
juliane.vonwesterholt@kitchener.ca
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- HOLDING PROVISIONS FOR SPECIFIC LANDS
73. Notwithstanding Section 17 of this bylaw, within the lands zoned D-6 as shown as affected by this
i) No residential use shall be permitted in the D6 Zone until such time as a Record of Site
Condition is submitted and acknowledged by the Ministry of the Environment. This Holding
Provision shall not be removed until the City of Kitchener is in receipt of a letter from the
MOEE advising that a Record of Site Condition has been completed to the satisfaction of
the Ministry of the Environment.
(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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