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Home My WebLink AboutDSD-20-103 - 1333 Weber St E - Holding Provisions RemovalREPORT TO: Planning & Strategic InitiativesCommittee DATE OF MEETING:August 31, 2020 SUBMITTED BY: Della Ross, Director of Planning (Interim) PREPARED BY: Andrew Pinnell, Senior Planner, 519-741-2200 ext. 7668 WARD (S) INVOLVED:Ward 2 DATE OF REPORT:August 18, 2020 REPORT NO.:DSD-20-103 SUBJECT: ZONING BY-LAW AMENDMENT APPLICATION ZBA20/007/W/AP 1333 WEBER STREET EAST 1776411 ONTARIO LTD. ___________________________________________________________________________ *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994for assistance. 1 - 1 RECOMMENDATION: That Zoning By-law Amendment Application ZBA20/007/W/AP for1333 Weber Street East for 1776411 Ontario Ltd. for the purpose of changing the zoning by removing Holding Provisions 76H,77H, and 22HSRfrom the lands specified in the attached Map No.1, in the form shown in the “Proposed By-law” dated June 3, 2020, attached to the Report DSD- 20-103 as Appendix A, be approved REPORT: The subject property is the site of the former Howard Johnson Hotel that was demolished this summer to make way for redevelopment. InFebruary2016, the applicant received approval of a Zoning By-law Amendment from City Council to allow future redevelopment of the property with high density, mixed use development. At that time, 3 holding provisions were applied to prevent developmentuntil certain conditions are met, including the completion of(see Appendix E): Record of Site Condition – to ensure the lands are not contaminated for sensitive land uses (Holding Provision 76H); Detailed noise study – to ensure safe noise levels for sensitive land uses (Holding Provision 77H; and Area-wide sanitary infrastructure upgrades – to ensure sufficient sanitary capacity to support future development (Holding Provision 22HSR). It should be noted that through the City’s recent Comprehensive Review of the Zoning By-law (CRoZBy), Council approved three holding provisions that mirror the abovementioned holding provisions (i.e. 10H, 11H, and 17H), in April 2019. CRoZBy is presently under appeal with the Local Planning Appeal Tribunal (LPAT). These ‘mirror’ holding provisions were intended to replace the holding provisionsunder the current by-law, in case the conditions were still applicable when the current by-law was removed in favour of CRoZBy. As it happens, the ‘mirror’ holding provisions will be redundant when they come into effect at some point in the future (i.e., when the LPAT appeal is resolved). Accordingly, these provisions will have to be removed by Council in the future, as part of a second by-law and report. Planning staff has confirmed to the applicant that no further zoning by-law amendment application or fee will be required, since removal of the holding provisions under each by-law was part of the same zoning by-law amendment request by the applicant. In December 2019, the applicant received Approval in Principle of a Site Plan Application to allow redevelopment of the property with 4 towers, three of which are connected by a four-storey podium / base, and all of which are connected by underground parking. In total, the approval allows approximately 570 residential units and 1,300 square metres of ground floor commercial space. The subject application requests removal of all three holding provisions to allow redevelopment of the lands. Through the application review, Planning staffreceived written confirmation from the Region of Waterloo and Ministry ofthe Environment,Conservation, and Parks (see Appendix C), and City’s Engineering Services (see Appendix D),that the above noted conditions related 1 - 2 to the holding provisions have been fulfilled. Accordingly, Planning staff recommends removal of all holdingprovisions. ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN: The recommendation of this report supports the achievement of the City’s strategic vision through the delivery of core service. FINANCIAL IMPLICATIONS: No new or additional capital budget requests are associated with therecommendation. COMMUNITY ENGAGEMENT: INFORM - Notice of the intention to pass a by-law to remove the holding provision will be placed in The Record on August 7, 2020 (see Appendix B), thereby using the “Inform” theme from the Community Engagement Strategy. Under the Planning Actno statutory public meeting is required for zoning by-law amendments to remove holding provisions, andno community engagementis required. Furthermore, this report will be posted to the City’s website with the agenda in advance of the Council / Committee meeting. CONCLUSION: Planning staff is of the opinion that the requested zoning by-law amendment to remove all holding provisions from the subject property is appropriate at this time, since the conditions to release the holding provisions have been fully met. Accordingly, Planning staff recommends approval of the application as outlined in the Recommendationsection of this report. REVIEWED BY: Janine Oosterveld, Manager of Site Development and Customer Service ACKNOWLEDGED BY: Justin Readman, General Manager,Development Services Department Attachments: Appendix A – Proposed Zoning By-law including Map No.1, dated June 3, 2020 Appendix B – Newspaper Notice Appendix C – Region of Waterloo ClearanceLettersand MECP Acknowledgement Letter Appendix D – Engineering Services Clearance Letter Appendix E – Holding Provisions 76H, 77H, 22HSR 1 - 3 Appendix A – Proposed Zoning By-law PROPOSED BY – LAW June 3, 2020 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 – 1776411 Ontario Ltd.– 1333 Weber Street East) WHEREAS it is deemed expedient to amend By-law 85-1 for the lands specified above; NOWTHEREFORE the Council of the Corporation of the City of Kitchener enacts as follows: 1.Schedule Numbers220and221of 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 1on Map Number1, in the City of Kitchener, attached hereto, fromHigh Intensity Mixed Use Corridor Zone (MU-3) with Special Regulation Provision 675R, Holding Provision 76H, and Holding Provision 77H, and Holding Provisionfor Services and Roadworks22HSR toHigh Intensity Mixed Use Corridor Zone (MU-3) with Special Regulation Provision 675R. PASSED at the Council Chambers in the City of Kitchener this_______________ day of _______________,2020. _____________________________ Mayor _____________________________ Clerk 1 - 4 SCHEDULE 221SCHEDULE 220 SCHEDULE 194SCHEDULE 195 1 - 5 DSD-20-103 Appendix B NOTICE OF INTENT TO REMOVE A HOLDING PROVISION PROPOSED AMENDMENT TO THE CITY OF KITCHENER ZONING BY-LAW UNDER SECTION 36 OF THE PLANNING ACT 1333 Weber Street East The purpose oftheproposed Zoning By-law Amendment is to remove Holding Provisions76H, 77H, and 22HSR from the above notedproperty, sincethe requirements for removal have been fulfilled. In keeping with physical distancing measures recommended by Public Health due to COVID-19, anelectronic meeting will be held by the Community & Infrastructure ServicesCommittee, a Committee of Council on: Monday, August 31, 2020 (live-stream video available at kitchener.ca/watchnow) ADDITIONAL INFORMATIONis available by contacting the staff person noted belowor byviewing the report contained in the meeting agenda (posted 10 days before the meeting at www.kitchener.ca - click on the date in the Calendar of Events and select the appropriate committee). Andrew Pinnell, SeniorPlanner - 519-741-2200 x 7668(TTY: 1-866-969-9994);andrew.pinnell@kitchener.ca 1 - 6 File:C14-60/20007 June 25, 2020 Della Ross Manager of Development Review City of Kitchener City Hall, P.O. Box 1118 200 King Street West Kitchener, ON N2G 4G7 Dear Ms. Ross: Re:Clearance for Removal of Holding Provision76H/10H By-law No. 2016-022/W/AP(ZBAApplication ZC20/07/W/AP) GSP Group on behalf of Pamata Hospitality Inc. and 1776411 Ontario Ltd. 1333 Weber Street East City of Kitchener In accordance with By-law No. 17-035 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. In 2014, the applicant submitted a zone change application to rezone theentirety of the lands from Arterial Commercial Zone (C-6) with Special Use Provision 3Uto the High Intensity Mixed Use Corridor Zone (MU-3) with a Special Regulation Provision675R. Holdingprovisions were placed on the property to address servicing, environmental remediation and noise concerns (22HSR/11H, 76H/10H and 77H/17H).Two of the three holding provisions were requested by the Region to address environmental remediation through a Record of Site Condition and noise concerns. Kitchener City Council approved By-law 2016-022 on February 22, 2016. The applicant has submitted a requestto lift all holding provisionscontained in By-law 2016-22on February 28, 2020and the Region received the request on May 27, 2020. Two of the three holding provisions require Regional sign off: 76H/10Hrelating to a Record of Site Condition;and, 77H/17Hrelating to a Detailed Noise Studyfor each phase. 5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЌЌЌЎЋЊЌ ĻƩƭźƚƓʹ Њ 1 - 7 This letter provides Regional release of Holding provision 76H/10H only. Holding provision 76H/10H: Holding Provision 76H/10Hprohibits all uses until such time that the City of Kitchener and the Regional Municipality of Waterloo are in receipt of a Record of Site Condition, prepared in accordance with O.Reg. 153/04, as amended, under the Environmental Protection Act and acknowledged by the Ministry of the Environmental and Climate Change, confirming that the subject property is suitable for residential and other sensitive land uses. The Record of Site Conditionfor 1333 Weber StreetEast Kitchener (No. 226012) was issued July 19, 2019 and Ministry Acknowledgement letter was issued on September 17, 2019. The Region is satisfied that the applicant has met the requirements of 76H/10H and have no objection to the City of Kitchener lifting holding provision76H/10Hfor1333 Weber Street East. Should you have any questions, please do not hesitate to contact Melissa Mohr, Principal Planner, at mmohr@regionofwaterloo.ca. Yours truly, Amanda Kutler, MCIP, RPP Manager, Development Planning cc. Andrew Pinnell, Senior Planner, City of Kitchener Kristen Barisdale, GSP Group 5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЌЌЌЎЋЊЌ tğŭĻ Ќ ƚŅ Ћ 1 - 8 File:C14-60/20007 July15, 2020 Della Ross Manager of Development Review City of Kitchener City Hall, P.O. Box 1118 200 King Street West Kitchener, ON N2G 4G7 Dear Ms. Ross: Re:Clearance for Removal of Holding Provision77H/17H By-law No. 2016-022/W/AP(ZBAApplication ZC20/07/W/AP) GSP Group on behalf of Pamata Hospitality Inc. and 1776411 Ontario Ltd. 1333 Weber Street East City of Kitchener In accordance with By-law No. 17-035 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. In 2014, the applicant submitted a zone change application to rezone theentirety of the lands from Arterial Commercial Zone (C-6) with Special Use Provision 3Uto the High Intensity Mixed Use Corridor Zone (MU-3) with a Special Regulation Provision675R. Holdingprovisions were placed on the property to address servicing, environmental remediation and noise concerns (22HSR/11H, 76H/10H and 77H/17H).Two of the three holding provisions were requested by the Region to address environmental remediation through a Record of Site Condition and noise concerns. Kitchener City Council approved By-law 2016-022 on February 22, 2016. The applicant has submitted a requestto lift all holding provisionscontained in By-law 2016-22on February 28, 2020and the Region received the request on May 27, 2020. Two of the three holding provisions require Regional sign off: 76H/10Hrelating to a Record of Site Condition;and, 77H/17Hrelating to a Detailed Noise Studyfor each phase. 5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЌЌЍЏЋЍЋ ĻƩƭźƚƓʹ Њ 1 - 9 This letter provides Regional release of Holding provision 77H/17Honly.Please note that holding provision 76H/10H was released by the Region on June 25, 2020. Holding provision 77H/17H: Holding Provision 77H/17Hprohibits residential uses, religious institution, day care facility, hospice, residential care facility, or educational establishment until such time that the City of Kitchener is in receipt of a letter from the Regional Municipality of Waterloo advising that the Requirements have been satisfied with respect to the submission of a detailed noise study, based on a proposed site plan, to assess impacts of transportation and stationary noise sources, including both on and off-site noise sources on both on and off-site noise sensitive receptors, and this Holding Provision has been removed by By-law. This Holding Provision may be removed from the subject lands incrementally, and on a phase-by-phase basis, involving the submission of a zone change and reference plan for each phase. Regional staff received a letter of understandingaddressing the above onJuly 13, 2020. The Region is satisfied that the applicant has met the requirements of 77H/17Hand have no objection to the City of Kitchener lifting holding provision77H/17Hfor1333 Weber Street Eastsubject to the owner fulfilling the obligations agreed to in the signed letter of understanding dated July 10, 2020.Please note that noise mitigation measures willalsoaddressed througha future plan of condominium application. Should you have any questions, please do not hesitate to contact Melissa Mohr, Principal Planner, at mmohr@regionofwaterloo.ca. Yours truly, Amanda Kutler, MCIP, RPP Manager, Development Planning cc. Andrew Pinnell, Senior Planner, City of Kitchener Kristen Barisdale, GSP Group 5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЌЌЍЏЋЍЋ ĻƩƭźƚƓʹ Ћ 1 - 10 1 - 11 Date:June 10, 2020 To:Andrew Pinnell From:Trevor Jacobs cc: Subject:1333 Weber Street East Zoning By-law Amendment ZBA20/007/W/AP Hi Andrew, Further to your letter dated May 27, 2020 regarding the removal of holding provisions, please accept this as confirmation Engineering Services agrees to the removal of Sanitary Upgrades holding provision. Regards, Trevor Jacobs 1 - 12 - HOLDING PROVISIONS FOR SPECIFIC LANDS 76. Notwithstanding Section 55.1 of this By-law, within the lands zoned MU-3, shown as affected by until such time as the City of Kitchener and the Regional Municipality of Waterloo are in receipt of a Record of Site Condition, prepared in accordance with O. Reg. 153/04, as amended, under the Environmental Protection Act and acknowledged by the Ministry of the Environment and Climate Change, confirming that the subject property is suitable for residential and other sensitive land uses, and this Holding Provision has been removed by By-law. (By-law 2016-022, S.4) (1333 Weber Street East) City of Kitchener Zoning By-law 85-1 Office Consolidation: February 22, 2016 1 - 13 - HOLDING PROVISIONS FOR SPECIFIC LANDS 77. Notwithstanding Section 55.1 of this By-law, within the lands zoned MU-3, shown as affected by institution, day care facility, hospice, residential care facility, or educational establishment shall be permitted until such time as the City of Kitchener is in receipt of a letter from the Regional to the submission of a detailed noise study, based on a proposed site plan, to assess impact of transportation and stationary noise sources, including both on- and off-site noise sources, on both on- and off-site noise sensitive receptors, and this Holding Provision has been removed by By-law. This Holding Provision may be removed from the subject lands incrementally, on a phase-by- phase basis, involving the submission of a zone change and reference plan for each phase. (By-law 2016-022, S.5) (1333 Weber Street East) City of Kitchener Zoning By-law 85-1 Office Consolidation: February 22, 2016 1 - 14 - HOLDING PROVISIONS FOR SERVICES AND ROADWORKS 22. K \[(S)\] Notwithstanding Section 55.1 of this by-law, within the lands zoned MU-3, shown as affected by by the letter symbols K \[(S)\] as established in Section 3.5.7 shall apply so that no development any other necessary sanitary infrastructure upgrades, to support the proposed development have been satisfactorily completed, and this Holding Provision has been removed by by-law. (By-law 2016-022, S.6) (1333 Weber Street East) City of Kitchener Zoning By-law 85-1 Office Consolidation: February 22, 2016 1 - 15