HomeMy WebLinkAboutDSD-2022-363 - 607-641 King Street West, Station Park Phase II - Lifting of Holding Provision 82H Centre Ice LPStaff Report
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Development Services Department www.kitchener.ca
REPORT TO: Community and Infrastructure Services Committee
DATE OF MEETING: August 8, 2022
SUBMITTED BY: Rosa Bustamante, Director of Planning 519-741-2200 ext. 7319
PREPARED BY: Brian Bateman, Senior Planner 519-741-2200 ext. 7869
WARD(S) INVOLVED: Ward 9
DATE OF REPORT: July 18, 2022
REPORT NO.: DSD -2022-363
SUBJECT: 607-641 King Street West, Station Park Phase II
Lifting of Holding Provision 82H Centre Ice LP
RECOMMENDATION:
That Zoning By-law Amendment Application ZBA22/013/K/BB for Centre Ice LP for the
purpose of removing Holding Provision 82H from the lands specified in the attached Map
No.1, in the form shown in the "Proposed By-law" attached to the Report DSD -2022-363 as
Appendix A, be approved, and further,
That in accordance with Planning Act Section 45 (1.3 and 1.4) that applications for minor
variances shall be permitted for lands subject to Zoning By-law Amendment application
ZBA22/013/K/BB.
REPORT HIGHLIGHTS:
• The purpose of this report is to seek Council's approval of a zoning by-law amendment to
remove Holding Provision 82H from the lands municipally addressed as 607-641 King Street
West.
• The applicant has satisfied the conditions outlined within the holding provision as confirmed by
the Regional Municipality of Waterloo.
• There are no financial implications associated with this zoning by-law amendment
• Community engagement included notification of the intent to pass a by-law to remove the
Holding Provision that was advertised in The Record on July 15, 2022.
• This report supports the delivery of core services.
BACKGROUND:
An application by Centre Ice LP to lift Holding Provision 82H has been made to facilitate the future
development of Phase II of the Station Park development. This report seeks Council's approval of a
Zoning By-law Amendment to remove the holding provision from the property.
REPORT:
607-641 King Street West was subject to an Ontario Land Tribunal (OLT) Settlement Hearing in
early 2021 that established land use permissions to allow the re -development of the lands to a multi -
phased, multi -tower condominium development. As part of those land use approvals, the Region of
Waterloo had requested that a holding provision (82H) be applied to address railway and stationary
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noise issues through the preparation and approval of a detailed Noise Study. In July 2021, a site
plan application (SP21/082/K/BB) was submitted for Phase II. Approval in Principle of the site plan
was granted in December 2021, conditional upon the lifting of Holding Provision 82H. In June 2022,
a Zoning By-law Amendment application was filed requesting to lift the Holding Provision.
The City is in receipt of correspondence dated June 17, 2022 (Attachment C) indicating that the
Regional Municipality of Waterloo is satisfied that the applicant has met the requirements of 82H
related to railway and stationary noise and has no objection to the lifting of the holding provision as
it applies to 607-641 King Street West, Phase II of Station Park.
Based on the above, Planning staff is of the opinion that the requested zoning by-law amendment
to remove holding provision 82H is appropriate at this time since the requirements to release the
holding provision have been met. Planning Staff recommends removing Holding Provision 82H as
shown on Map No. 1 contained within Attachment `A'.
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
Capital Budget — The recommendation has no impact on the Capital Budget.
Operating Budget — The recommendation has no impact on the Operating Budget.
COMMUNITY ENGAGEMENT:
INFORM — This report has been posted to the City's website with the agenda in advance of the
council / committee meeting. Notice of the intention to pass a By-law to remove the Holding Provision
was placed in the Record on July 15, 2022 (Attachment B). Under the Planning Act a statutory public
meeting is not required for zoning by-law amendments to remove holding provisions and a
neighbourhood circulation is not required.
PREVIOUS REPORTS/AUTHORITIES:
• OLT Decision, June 16, 2021, Case No. PL180420
• Planning Act
• Zoning By-law 85-1
REVIEWED BY: Stevenson, Garett — Manager of Development Review, Planning Division
APPROVED BY: Justin Readman, General Manager Development Services
ATTACHMENTS:
Attachment A — Proposed Zoning By-law and Map No. 1
Attachment B — Newspaper Notice
Attachment C — Regional Municipality of Waterloo Approval Letter
Page 43 of 133
BY-LAW NUMBER
OF THE
CORPORATION OF THE CITY OF KITCHENER
(Being a by-law to amend By-law No. 85-1, as amended, known as the
Zoning By-law for the City of Kitchener - Centre Ice LP and Centre Ice
Developments GP Corp. - 607-641 King Street West)
WHEREAS it is deemed expedient to amend Zoning 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 Number 74 of Appendix "A" to By-law 85-1 is hereby amended by
changing the zoning applicable to the parcel of land specified and illustrated as
Area 1 on Map No. 1 attached hereto, from High Intensity Mixed Use Corridor Zone
(MU -3) with Special Use Provision 482U, Special Regulation Provision 722R and
Holding Provision 82H to High Intensity Mixed Use Corridor Zone (MU -3) with
Special Use Provision 482U and Special Regulation Provision 722R.
PASSED at the Council Chambers in the City of Kitchener this
day of , 2022.
Mayor
Clerk
Page 44 of 133
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NOTICE OF PUBLIC MEETING
for removal of a holding provision
607-641 King Street West
Location Map
Lifting of Holding
Provision 82H
Community & Infrastructure
Services Committee
Date: August 8, 2022
Location: Council Chambers,
Kitchener City Hall
200 King Street West
rVirtual Zoom Meeting
To view the staff report, agenda
and find meeting details, visit:
kitchenenca/meetings
To learn more about this project, visit:
www.kitchenenca/
Pla n n i ngAppl ications
or contact:
Brian Bateman, Senior Planner
519.741.2200 x 7869
brian.bateman@ kitchener.ca
The City of Kitchener has received an application for a Zoning By-law
Amendment to lift Holding Provision 82H in Zoning By-law 85-1 affecting the
subject lands. The requirements for the removal of 82H have been fulfilled with
the approval of the required Environmental and Stationary Noise Study,
detailing noise assessment for road, rail and rail vibration, stationary noise and
land use compatibility.
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