HomeMy WebLinkAboutDSD-2023-112 - 30 Francis St S Lifting of Holding Provision, ZBA23-003-F-CDStaff Report
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Development Services Department www.kitchener.ca
REPORT TO: Community and Infrastructure Services Committee
DATE OF MEETING: April 3, 2023
SUBMITTED BY: Garett Stevenson, Interim Director of Planning, 519-741-2200 ext.
7070
PREPARED BY: Craig Dumart, Senior Planner, 519-741-2200 ext. 7073
WARD(S) INVOLVED: Ward 9
DATE OF REPORT: March 6, 2023
REPORT NO.: DSD -2023-112
SUBJECT: 30 Francis Street South — Zoning By-law Amendment, Lifting of
Holding Provision, ZBA23/003/F/CD — 30 Francis Kitchener
Incorporated
RECOMMENDATION:
That Zoning By-law Amendment Application ZBA23/003/F/CD for 30 Francis Kitchener
Incorporated for the purpose of removing Holding Provision 90H from the lands specified in
the attached Map No.1, in the form shown in the "Proposed By-law" attached to the Report
DSD -2023-112 as Appendix A, be approved.
REPORT HIGHLIGHTS:
• The purpose of this report is to seek Council's approval of a zoning by-law amendment to
remove Holding Provision 90H from 30 Francis Street South.
• 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 the 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 March 10, 2023.
• This report supports the delivery of core services.
BACKGROUND:
An application by the 30 Francis Kitchener Incorporated (property owner) to lift Holding Provision
90H from 30 Francis Street South has been made to facilitate the development of the property with
a 45 storey mixed-use development. This report seeks Council's approval of zoning by-law
amendment to remove the Holding Provision from the property.
REPORT:
On March 21, 2022, Council approved a Zoning By-law Amendment application to add Special
Regulation Provision 776R in Zoning By-law 85-1 to permit a high intensity mixed-use development
with an increased Floor Space Ratio (FSR), a reduced rear yard building setback and Holding
Provision 90H to require remediation of the site contamination and to require an updated noise study.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Page 9 of 239
In April 2022, a Site Plan Application (SP22/073/F/CD) was submitted for the development of a 45
storey mixed-use development. Approval in Principle of the site plan was granted in June 2022,
conditional upon the lifting of Holding Provision 90H. In March of 2023, a Zoning By-law Amendment
application was filed requesting to lift the Holding Provision.
The City is in receipt of correspondence dated March 13, 2023 (Attachment C) indicating that the
Regional Municipality of Waterloo is satisfied that the applicant has met the requirements of 90H
related to traffic, railway and stationary noise and the Record of Site Condition and has no objection
to the lifting of the Holding Provision as it applies to the development of a 45 storey mixed-use
development at 30 Francis Street South.
Based on the above, Planning staff is of the opinion that the requested zoning by-law amendment
to remove Holding Provision 90H is appropriate at this time since the requirements to release the
holding provision have been met. Planning Staff recommends removing Holding Provision 90H 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 March 10, 2023 (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:
• DSD -2022-062
• Planning Act, 1990
• Zoning By-law 85-1
REVIEWED BY: Malone -Wright, Tina — Interim Manager of Development Review, Planning
Division
APPROVED BY: Justin Readman, General Manager Development Services
ATTACHMENTS:
Attachment A — Proposed Zoning By-law to amend By-law 85-1 and Map No
Attachment B — Newspaper Notice
Attachment C — Regional Municipality of Waterloo Approval Letter
Attachment D — Holding Provision 90H
Page 10 of 239
PROPOSED BY — LAW
2023
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
— 30 Francis Kitchener Incorporated — 30 Francis Street
South)
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 Number 84 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,
in the City of Kitchener, attached hereto, from Warehouse District Zone (D-6) with Special
Regulation Provision 776R and Holding Provision 90H to Warehouse District Zone (D-6)
with Special Regulation Provision 776R.
2. Appendix "F" to By-law 85-1 is hereby amended by deleting Section 90H.
PASSED at the Council Chambers in the City of Kitchener this day of
2023.
Mayor
Clerk
Page 11 of 239
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NOTICE OF PUBLIC MEETING
for removal of a holding provision
30 Francis Street South
Location Map
X41
1
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Lifting of Holding Provision 90H
Community & Infrastructure
Services Committee
Date: April 3, 2023
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:
Craig Dumart, Senior Planner
519.741.2200 x 7073
craig.dumart@ kitchener.ca
The City of Kitchener will consider an application for a Zoning By-law
Amendment to lift Holding Provision 90H in Zoning By-law 85-1 affecting the
subject lands. The requirements for the removal of 90H have been fulfilled with
the Region of Waterloo approval of the Record of Site Condition and approval of
the Traffic, Railway and Stationary Noise Study.
Page 13 of 239
x x5
V
SUEJEGT
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Location Map
X41
1
0
Lifting of Holding Provision 90H
Community & Infrastructure
Services Committee
Date: April 3, 2023
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:
Craig Dumart, Senior Planner
519.741.2200 x 7073
craig.dumart@ kitchener.ca
The City of Kitchener will consider an application for a Zoning By-law
Amendment to lift Holding Provision 90H in Zoning By-law 85-1 affecting the
subject lands. The requirements for the removal of 90H have been fulfilled with
the Region of Waterloo approval of the Record of Site Condition and approval of
the Traffic, Railway and Stationary Noise Study.
Page 13 of 239
N'4#J*'qF_
Region of Waterloo
Garett Stevenson
Manager of Development Review
City of Kitchener
City Hall, P.O. Box 1118
200 King Street West
Kitchener, ON N2G 4G7
Dear Mr. Stevenson:
Re: Removal of Holding Provision — 90H
Re: ZBA Application ZBA23/0003/F/CD
IN8 Developments
30 Francis Street
City of Kitchener
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
Community Planning
150 Frederick Street 8th Foor
Kitchener Ontario N213 4A Canada
Telephone: 519-575-4400
TTY: 519-575-4608
Fax: 519-575-4466
www.reglonofwaterloo.ca
File: C14-60/230003
March 13, 2023
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 2021, the applicant submitted an Official Plan Amendment and Zoning by-law
amendment application to rezone the entirety of the lands to facilitate the construction of
a residential tower consisting of 44 storeys. The applicant secured a secured a Section
37.1 agreement in exchange for Community Benefits; therefore, the Official Plan
Amendment was no longer required. Zoning By-law Amendment 2022-039 was adopted
with Holding Provision 90H. Holding Provision 90H required the submission of a Record
of Site Condition and Ministry Acknowledgement Letter to be filed on the entirety of the
subject lands and it also required the submission of a Traffic, Railway and Stationary
Noise Study both to the satisfaction of the Regional Municipality of Waterloo.
The applicant has submitted a request to lift the holding provision for the site. Holding
Provision 90H is as follows:
Document Number: 4333015 Version: 1
Document Number: 4325524
Page 2 of 6
Page 14 of 239
Notwithstanding Section 17 of this By-law, within the lands zoned D-6 and shown as being
affected by this Subsection on Schedule 84 of Appendix 'A'.-
i)
A'.
i) No residential use shall be permitted until such time as a Record of Site Condition is
submitted and approved to the satisfaction of the Ministry of Environment,
Conservation and Parks or any successor Ministry ("MECP'). This Holding Provision
shall not be removed until the Region of Waterloo is in receipt of a letter from the
Ministry of the Environment, Conservation and Parks advising that a Record of Site
Condition has been completed to the satisfaction of the MECP
The Region received a copy of the Record of Site Condition (RSC) and Ministry
Acknowledgement Letter for the entirety of the subject lands; therefore, this letter
provides Regional Release of the Holding Provision related to the RSC.
ii) No residential use 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, if
necessary, has been entered into with the City and/or Region, as necessary, providing
for the implementation of any recommended noise mitigation measures.
The Region received a noise study and is satisfied with the conclusions and
implementation measures contained in the noise study; therefore, this letter
provides Regional release of Holding Provision 90H relating to the Noise Study.
In addition, Regional staff release the holding provision applying to site as the
City of Kitchener has confirmed that the following shall be implemented through
the current site plan and through the registered condominium agreement
between the Owner/Developer and the City of Kitchener:
1. All units along the western building fagade of the residential tower must be
constructed with a balcony barrier having minimum barrier heights as follow:
a) 6th and Th floors
b) 8th floor
C) 9th thru 30th floors
minimum 1.4 metres;
minimum 1.3 metres; and
minimum 1.1 metres.
2. All units along the southern building fagade of the residential tower must be
constructed with a balcony barrier having minimum barrier heights as follow:
a) 12th floor minimum 1.3 metres; and
b) 13th thru 31St floors minimum 1.1 metres.
Page 15 of 239
3. Alternatively, if rooftop mechanical equipment on the adjacent Tannery facility,
situated to the south of the subject development, is replaced with quieter models
such that sound levels at the proposed residential building are below the applicable
noise criteria outlined in the Study, the balcony barrier heights in Clauses 1 and 2
may be revised.
4. The outdoor amenity area located on the 6t" floor must be constructed with a
minimum 1.07 metre high solid parapet wall.
5. The balcony barriers must have a minimum surface density of 20 kg/m2 and be
without gaps within and beneath their extent.
6. All residential units on all levels within the podium and tower of the development be
constructed with central air conditioning.
7. The following warning clause be included in all offers to purchase and/or rental
agreements for all condominium units, and condominium declaration:
For all residential units on all levels within the podium and tower of the development,
"Purchasers/tenants are advised that due to the proximity of nearby commercial
facilities and despite the inclusion of noise control features within the development
and the individual building units, sound from those facilities may at times be audible
and their operations may change in the future."
"This dwelling unit has been supplied with a central air conditioning system which will
allow windows and exterior doors to remain closed, thereby ensuring that the indoor
sound level limits are within the sound level limits of the Municipality and the Ministry
of the Environment, Conservation and Parks."
"The Developer agrees to preserve the function of and to maintain the acoustic
balcony barrier located upon the lands. The purpose of the balcony barrier is to
attenuate noise from nearby commercial facilities. The Developer agrees that
the City, through its employees and agents has the right to enter into the unit to
inspect the balcony barrier. The Developer agrees to repair or, if necessary
replace the balcony barrier. Should the Developer fail to repair or replace the
balcony barrier upon receipt of a written notice from the City, as the City deems
necessary, the Developer agrees that the City may undertake such work upon
the expiration of the time set out in the notice. If such work is undertaken by the
City, the Developer hereby agrees to permit entry upon the lands for this
purpose and agrees to reimburse the City fully for all costs of undertaking such
work. "
8. That prior to the issuance of any building permit(s), an acoustical Engineer licensed
in the Province of Ontario, certify that the noise attenuation measures are
incorporated in the building plans and upon completion of construction, an acoustical
Page 16 of 239
Engineer also certify (by way of acoustic audit) that the dwelling units have been
constructed in accordance with the accepted noise study, and the development
meets the MECP NPC -300 noise guideline noise level criteria prior to building
occupancy.
Items 1) to 8) above shall be completed to the satisfaction of the City of Kitchener
in consultation with the Region of Waterloo. The Region requires a copy of the
draft condominium agreement (when the condominium application has been
made and the agreement is drafted) for review and comment prior to the signing
of this agreement by all parties and prior to the registration of the agreement on
title.
The following shall also be implemented through the current site plan and
through the Registered Development Agreement between the Owner/Developer
and the Regional Municipality of Waterloo through the future condominium
application:
1. The external building details (e.g. the 1.07m solid parapet wall) shall be implemented
through the current site plan application;
2. The Owner/Developer shall enter into a registered development agreement with the
Region of Waterloo through a condition of approval for the future consent or Plan of
Condominium to implement the recommendations contained in the report entitled
"Noise Feasibility Study, Proposed Residential Development, 30 Francis Street,
Kitchener, Ontario" (HGC, March 1, 2023)" including special building components
(e.g. air conditioning and the 1.07m solid parapet wall on the edge of the 6t" floor
amenity space) and the incorporation of the following noise warning clauses within
the Condominium Declaration and all offers of purchase and sale/lease/tenant
agreements:
"The Developer agrees to preserve the function of and to maintain the parapet
wall along the edge of the outdoor amenity area located on the 6 floor of the
building. The purpose of the parapet wall is to attenuate noise from King
Street West, Victoria Street South, Francis Street and Charlies Street West.
The Developer agrees that the Region, through its employees and agents has
the right to enter onto the lands to inspect the parapet wall. The Developer
agrees to repair or, if necessary replace the parapet wall. Should the Developer
fail to repair or replace the parapet wall upon receipt of a written notice from the
Region, as the Region deems necessary, the Developer agrees that the Region
may undertake such work upon the expiration of the time set out in the notice. If
such work is undertaken by the Region, the Developer hereby agrees to permit
entry upon the lands for this purpose and agrees to reimburse the Region fully
for all costs of undertaking such work. "
"Purchasers/tenants are advised that despite the inclusion of noise control features in
the development and within the building units, sound levels due to increasing road
and rail traffic may continue to be of concern, and may occasionally interfere with
Page 17 of 239
some activities of the dwelling occupants as the sound levels exceed the sound level
limits of the Municipality and the Ministry of the Environment, Conservation and Parks
noise criteria."
"This dwelling unit has been supplied with a central air conditioning system which will
allow windows and exterior doors to remain closed, thereby ensuring that the indoor
sound level limits are within the sound level limits of the Municipality and the Ministry
of the Environment, Conservation and Parks."
"Warning: Canadian National Railway Company or its assigns or successors in
interest has or have a right-of-way within 300 metres from the land the subject
hereof. There may be alterations to or expansions of the railway facilities on such
rights-of-way in the future including the possibility that the railway or its assigns or
successors as aforesaid may expand its operations, which expansion may affect the
living environment of the residents in the vicinity, notwithstanding the inclusion of any
noise and vibration attenuating measures in the design of the development and
individual dwelling(s). CNR will not be responsible for any complaints or claims
arising from use of such facilities and/or operations on, over or under the aforesaid
rights-of-way. "
"Warning: Metrolinx, carrying on business as GO Transit, and its assigns and
successors in interest are the owners of lands within 300 metres from the land which
is the subject hereof. In addition to the current use of the lands owned by Metrolinx,
there may be alterations or expansions of the rail and other facilities on such lands in
the future including the possibility that GO Transit or any railway assigns or
successors as aforesaid may expand their operations, which expansion may affect
the living environment of the residents in the vicinity, notwithstanding the inclusion of
any noise and vibration attenuating measures in the design of the development and
individual dwellings. Metrolinx will not be responsible for any complaints or claims
arising from use of such facilities and/or operations on, over or under its lands."
3. The balcony barriers must have a minimum surface density of 20 kg/m2 and be
without gaps within and beneath their extent.
4. That prior to the issuance of any building permit(s), an acoustical Engineer licensed
in the Province of Ontario, certify that the noise attenuation measures are
incorporated in the building plans and upon completion of construction, an acoustical
Engineer also certify (by way of acoustic audit) that the dwelling units have been
constructed in accordance with the accepted noise study, and the development
meets the MECP NPC -300 noise guideline noise level criteria.
Regional staff acknowledge receipt of the Zoning By-law Amendment fee of $3,000.00
(paid March 3, 2023).
Through the circulation of the zoning by-law application Region staff noted the
requirement to consult with Nav Canada regarding the application. Nav Canada has
Page 18 of 239
issued an objection to the application as it relates to the crane height for the
construction of this building and Region staff has significant concerns that the
crane height could impact airport operations. Regional staff will be providing a
further letter, under separate cover, that outlines the specific concerns relating to
the airport as it relates to this and other development applications and will be
reaching out to City staff to set up a meeting in order to discuss the best
approach to protect airport operations.
Should you have any questions, please do not hesitate to contact Melissa Mohr, Senior
Planner, at mmohr@regionofwaterloo.ca.
Yours truly,
Amanda Kutler, MCIP, RPP
Manager, Community Planning
cc. Craig Dumart, Senior Planner, City of Kitchener
30 Francis Kitchener Incorporated (Owner)
Darryl Firsten, IN8 Developments (Owner)
Page 19 of 239
APPENDIX "F" - HOLDING PROVISIONS FOR SPECIFIC LANDS
90. Notwithstanding Section 17 of this Bylaw, within the lands zoned D-6 and shown as being affected
by this Subsection on Schedule 84 of Appendix "A":
No residential use shall be permitted until such time as a Record of Site Condition is
submitted and approved to the satisfaction of the Ministry of the Environment, Conservation
and Parks or any successor Ministry ("MECP"). This Holding Provision shall not be
removed until the Region of Waterloo is in receipt of a letter from the Ministry of the
Environment, Conservation and Parks advising that a Record of Site Condition has been
completed to the satisfaction of the MECP.
ii) No residential use 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, if necessary, has been entered into
with the City and/or Region, as necessary, providing for the implementation of any
recommended noise mitigation measures.
(By-law 2022-039, S.4) (30 Francis Street South)
City of Kitchener Zoning By-law 85-1 Office Consolidation: March 22, 2022
Page 20 of 239