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Home My WebLink AboutDSD-2021-8 - Removal of Holding Provisions Under By-law 2019-051 - ZBA20/007/W/AP - 1333 Weber St. E. REPORT TO: Community & Infrastructure Services Committee DATE OF MEETING: March 8, 2021 SUBMITTED BY: Rosa Bustamante, Director of Planning PREPARED BY: Andrew Pinnell, Senior Planner, 519-741-2200 ext. 7668 WARD (S) INVOLVED: Ward 2 DATE OF REPORT: February 9, 2021 REPORT NO.: DSD-2021-8 SUBJECT: REMOVAL OF HOLDING PROVISIONS UNDER BY-LAW 2019-051 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 1-866-969-9994 for assistance. RECOMMENDATION: That Zoning By-law Amendment Application ZBA20/007/W/AP for 1333 Weber Street East for 1776411 Ontario Ltd. for the purpose of removing Holding Provisions 10H, 11H, and 17H from the zoning on lands specified in the attached Map No.1, in the form shown in -February 2, 2021, attached to the Development Serviecs Department report DSD-2021-8 as Attachment A, be approved. REPORT HIGHLIGHTS: The purpose of this report is to recommend removal of holding provisions, in order to allow redevelopment to proceed. This report supports the delivery of core services. BACKGROUND: Holding provisions were implemented as part of a Zoning By-law Amendment under By-law 85- 1(2016) -law (CRoZBy, By-law 2019- 051), to prevent redevelopment of the subject lands prior to the completion of a Record of Site Condition, sanitary infrastructure upgrades, and detailed noise study. In 2020, the holding provisions under By-law 85-1 were removed since the related conditions had been fulfilled. However, similar holding provisions remained in effect under By-law 2019-051 because this by- law was under appeal. It is now timely to review the removal of the holding provisions under By- law 2019-051, since this bylaw is now in full force and effect and redevelopment of the lands is imminent. REPORT: The subject property is the site of the former Howard Johnson Hotel that was demolished in the summer of 2020 at the corner of Weber Street East and Fergus Avenue. In February 2016, the applicant received approval of a Zoning By-law Amendment (ZBA) under By-law 85-previous zoning by-law) from City Council to allow future redevelopment of the property with high-density, mixed use development (Report CSD-16-006). At that time, three holding provisions were applied to prevent development until certain conditions were met (i.e., completion of Record of Site Condition, sanitary infrastructure upgrades, and detailed noise study). -law (CRoZBy Bylaw 2019-051), Council resolved to apply three holding provisions to this property that mirror the holding provisions under By-law 85-1 continue the holding provisions under By-law 85-1, in case the conditions were still applicable when By-law 2019-051 came into full force and effect. These provisions are as follows: Holding Provision 10H: Completion of Record of Site Condition to ensure the lands are not contaminated for sensitive land uses; Holding Provision 11H: Area-wide sanitary infrastructure upgrades to ensure sufficient sanitary capacity to support future development; and Holding Provision 17H: Completion of detailed noise study to ensure safe noise levels for sensitive land uses. It should be noted that the latter holding provisions were not immediately put into full force and effect due to appeals made to the Local Planning Appeal Tribunal (LPAT) that were not specifically related to the subject property. 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 developer has named the planned condominium development Elevate. In 2020, Planning staff received a ZBA application to remove the three holding provisions under By-law 85-1. Through the review, Planning staff received written confirmation from the Region of Waterloo and Ministry of the Environment, Conservation, and Parks (see Attachment C), and ttachment D), that the above noted conditions related to the holding provisions both those under Zoning By-law 85-1 and mirrored under Zoning By-law 2019-051 had been fulfilled. In September 2020, Council approved the removal of the holding provisions under Zoning By- law 85-1 only, since the holding provisions under By-law 2019-051 could not be removed because the by-law was not yet in full force and effect (Report DSD-20-103). However, in December 2020, the LPAT rendered a decision that put By-law 2019-051 into full force and effect for the subject property, including the mirror holding provisions. Accordingly, at this time, the three holding provisions under By-law 2019-051 are redundant and should be removed, in order to allow issuance of final site plan approval and building permits for the first construction phase. Planning staff confirms that no further ZBA request or fee was required for this exercise, since it is considered part of the ZBA request to remove the holding provisions under Zoning By-law 85- 1. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: Notice of the intention to pass a by-law to remove the holding provision will be placed in The Record on February 12, 2021 (see Attachment Community Engagement Strategy. Under the Planning Act no statutory public meeting is required for zoning by-law amendments to remove holding provisions, and no community engagement is required. Furthermore, this report will be agenda in advance of the Committee / Council meeting. PREVIOUS REPORTS/AUTHORITIES: Report CSD-16-006: Zone Change Application ZC14/02/W/AP was considered by PSIC on February 8, 2016 Report DSD-20-103: Zoning By-law Amendment Application ZBA20/007/W/AP was considered by CISC on August 31, 2020 Planning Act, R.S.O. 1990, c. P.13 APPROVED BY: Justin Readman - General Manager, Development Services ATTACHMENTS: Attachment A Proposed Zoning By-law including Map No.1, dated February 2, 2021 Attachment B Newspaper Notice Attachment C Region of Waterloo Clearance Letters and MECP Letter Attachment D Engineering Services Clearance Letter Attachment E Holding Provisions 10H, 11H, 17H Attachment AProposed Zoning By-law PROPOSED BY LAW February 2, 2021 BY-LAW NUMBER ___ OF THE CORPORATION OF THE CITY OF KITCHENER (Being a by-law to amend By-law 2019-051, 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 2019-051 for the lands specified above; NOW THEREFORE the Council of the Corporation of the City of Kitchener enacts as follows: 1. Schedule Numbers 220 and 221 -law Number 2019-051 are hereby amended by changing the zoning applicable to the parcel of land specified and illustrated as Area 1 on Map No. 1, in the City of Kitchener, attached hereto, from Mixed Use Three Zone (MIX-3) with Site Specific Provisions (49) and (68), and Holding Provisions (10H), (11H), and (17H) to Mixed Use Three Zone (MIX-3), with Site Specific Provisions (49) and (68). PASSED at the Council Chambers in the City of Kitchener this_______________ day of _______________, 2021. _____________________________ Mayor _____________________________ Clerk 122 ELUDEHCS022 ELUDEHCS 491 ELUDEHCS591 ELUDEHCS AttachmentB NOTICE OF INTENT TO REMOVE HOLDING PROVISIONS PROPOSED AMENDMENT TO CITY OF KITCHENER ZONING BY-LAW 2019-051 UNDER SECTION 36 OF THE PLANNING ACT 1333 Weber Street East The purpose of the proposed Zoning By-law Amendment is to remove Holding Provisions 10H, 11H, and 17H from the above noted property, since the requirements for removal have been fulfilled. In keeping with physical distancing measures recommended by Public Health due to COVID-19, an electronic meeting will be held by the Community & Infrastructure Services Committee, a Committee of Council on: Monday, March 8, 2021 (live-stream video available at kitchener.ca/watchnow) ADDITIONAL INFORMATION is available by contacting the staff person noted below or by 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 of Events and select the appropriate committee). Andrew Pinnell, Senior Planner - 519-741-2200 x 7668 (TTY: 1-866-969-9994); andrew.pinnell@kitchener.ca 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 Provision 76H/10H By-law No. 2016-022/W/AP (ZBA Application 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 the entirety of the lands from Arterial Commercial Zone (C-6) with Special Use Provision 3U to the High Intensity Mixed Use Corridor Zone (MU-3) with a Special Regulation Provision 675R. Holding provisions 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 request to lift all holding provisions contained in By-law 2016-22 on February 28, 2020 and the Region received the request on May 27, 2020. Two of the three holding provisions require Regional sign off: 76H/10H relating to a Record of Site Condition; and, 77H/17H relating to a Detailed Noise Study for each phase. 5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЌЌЌЎЋЊЌ ĻƩƭźƚƓʹ Њ This letter provides Regional release of Holding provision 76H/10H only. Holding provision 76H/10H: Holding Provision 76H/10H prohibits 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 Condition for 1333 Weber Street East 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 provision 76H/10H for 1333 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 File: C14-60/20007 July 15, 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 Provision 77H/17H By-law No. 2016-022/W/AP (ZBA Application 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 the entirety of the lands from Arterial Commercial Zone (C-6) with Special Use Provision 3U to the High Intensity Mixed Use Corridor Zone (MU-3) with a Special Regulation Provision 675R. Holding provisions 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 request to lift all holding provisions contained in By-law 2016-22 on February 28, 2020 and the Region received the request on May 27, 2020. Two of the three holding provisions require Regional sign off: 76H/10H relating to a Record of Site Condition; and, 77H/17H relating to a Detailed Noise Study for each phase. 5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЌЌЍЏЋЍЋ ĻƩƭźƚƓʹ Њ This letter provides Regional release of Holding provision 77H/17H only. Please note that holding provision 76H/10H was released by the Region on June 25, 2020. Holding provision 77H/17H: Holding Provision 77H/17H prohibits 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 understanding addressing the above on July 13, 2020. The Region is satisfied that the applicant has met the requirements of 77H/17H and have no objection to the City of Kitchener lifting holding provision 77H/17H for 1333 Weber Street East subject to the owner fulfilling the obligations agreed to in the signed letter of understanding dated July 10, 2020. Please note that noise mitigation measures will also addressed through a 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 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 SECTION 20 Holding Provisions(10H) (10H) Within the lands zoned MIX-3 and shown as affected by this provision on Zoning Grid Schedule 220 and 221 of Appendix A, the following shall apply: a) No uses shall be permitted until such time as the City and the Region 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. City of Kitchener Zoning By-law 2019 SECTION 20 Holding Provisions(11H) (11H) Within the lands zoned MIX-3 and shown as affected by this provision on Zoning Grid Schedule 220 and 221 of Appendix A, no development on the lands shall occur until such time as the Director of Planning is in receipt of a letter from the Director of Engineering advising that sanitary forcemain upgrades, and 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. City of Kitchener Zoning By-law 2019 SECTION 20 Holding Provisions(17H) (17H) Within the lands zoned MIX-3 and shown as affected by this provision on Zoning Grid Schedule 220 and 221 of Appendix A, no residential uses, place of worship, day care facility, hospice, small residential care facility, large residential care facility or adult education school, commercial school, post-secondary school or, secondary school shall be permitted until such time as: a) the City is in receipt of a letter from the Region 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 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 b) 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 zoning by-law amendment and reference plan for each phase. City of Kitchener Zoning By-law 2019