HomeMy WebLinkAboutDSD-2023-156 - ZBA23-006-C-BB - 9 Cameron St - 550 King St GP IncStaff Report
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Development Services Department www.kitchener.ca
REPORT TO: Community and Infrastructure Services Committee
DATE OF MEETING: April 24, 2023
SUBMITTED BY: Garett Stevenson, Interim Director of Planning, 519-741-2200 ext.
7070
PREPARED BY: Brian Bateman, Senior Planner, 519-741-2200 ext. 7869
WARD(S) INVOLVED: Ward 9
DATE OF REPORT: March 27, 2023
REPORT NO.: DSD -2023-156
SUBJECT: Zoning By-law Amendment Application ZBA23/006/C/BB
Lifting of Holding Provision
9 Cameron Street North
550 King Street GP Inc.
RECOMMENDATION:
That Zoning By-law Amendment Application ZBA23/006/C/BB for 9 Cameron Street North
Kitchener Incorporated for the purpose of removing Holding Provision 15H from the lands
specified in the attached Map No.1, in the form shown in the "Proposed By-law" attached to
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 15H from 9 Cameron Street North.
• The applicant has satisfied the requirements outlined within the holding provision as confirmed
by Planning staff.
• 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 31, 2023.
• This report supports the delivery of core services.
BACKGROUND:
An application by 550 King Street GP Inc. (property owner) to lift Holding Provision 15H from 9
Cameron Street North has been made to facilitate the redevelopment of the property with a 9 storey
60 -unit multiple dwelling. This report seeks Council's approval of zoning by-law amendment to
remove the Holding Provision from the property.
REPORT:
The Owner has consolidated 9 Cameron Street North with their landholdings addressed as 550 King
Street East located between Cameron Street North and Betzner Avenue North in the King Street
East Neighbourhood. The intent is to redevelop the lands with a nine -storey multiple dwelling. To
facilitate the development proposal, applications for consent and minor variance were submitted to
the Committee of Adjustment in December 2022. The applications were circulated to area residents
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Page 11 of 191
at that time. B2023-004 and A2023-014 and A2023-015 were subsequently approved by the
Committee of Adjustment in January 2023.
Additionally, in November 2022, Site Plan Application (SP22/164/K/BB) was submitted to Planning
for the development of a 9 storey 60 -unit multiple dwelling. Approval was granted March 6, 2023,
conditional upon the lifting of Holding Provision 15H. On March 24, 2023, a Zoning By-law
Amendment Application was submitted requesting to lift the Holding Provision.
Holding Provision 15H requires that 9 Cameron Street North be consolidated with lands fronting King
Street and that access and buffering considerations be approved by the City's Director of Planning.
The City is in receipt of correspondence from the applicant confirming the lands have been
consolidated (Attachment C). The City has granted Conditional Approval of a Site Application
(SP22/164/K/BB) and the Committee of Adjustment has approved consent and minor variance
applications to facilitate the proposed development. As such, Planning is satisfied that the
requirements of 15H have been achieved and has no objection to the lifting of the Holding Provision.
Based on the above, Planning staff is of the opinion that the requested zoning by-law amendment
to remove Holding Provision 15H is appropriate at this time since the requirements to release the
holding provision have been met. Planning Staff recommends removing Holding Provision 15H 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 -2022-042
• March 6, 2023, Conditional Site Plan Approval Letter for SP22/164/K/BB
• 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. 1
Attachment B — Newspaper Notice
Attachment C — Letter from Applicant
Attachment D — Holding Provision 15H
Page 12 of 191
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
— 550 King Street GP Inc. — 9 Cameron Street North)
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 120 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 Medium Intensity Mixed Use Corridor
Zone (MU -2) with Special Regulation Provision 541R and Special Use Provision 401U
and Holding Provision 15H to Medium Intensity Mixed Use Corridor Zone (MU -2) with
Special Regulation Provision 541 R and Special Use Provision 401 U.
2. Schedule Number 120 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 2 on Map No.
1, in the City of Kitchener, attached hereto, from Medium Intensity Mixed Use Corridor
Zone (MU -2) with Special Regulation Provision 541R and Holding Provision 15H to
Medium Intensity Mixed Use Corridor Zone (MU -2) with Special Regulation Provision
541 R.
PASSED at the Council Chambers in the City of Kitchener this day of
2023.
Mayor
Clerk
Page 13 of 191
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APPENDIX "F" - HOLDING PROVISIONS FOR SPECIFIC LANDS
15. Notwithstanding Sections 54.1 and 54.2 of this By-law, within the lands zoned MU -2 on
Schedules 120, 142, 143 and 271 of Appendix "A", only a single detached dwelling, duplex,
multiple dwelling, lodging house having less than 9 residents, residential care facility having less
than 9 residents, home business and private home daycare, and only within the buildings
existing on January 24, 1994 and uses accessory thereto, shall be permitted until such time as
the holding symbol affecting the lands has been removed by by-law. The holding symbol shall
not be removed until such time as the lands have been consolidated with lands fronting King
Street East and a site plan including appropriate site access and site buffering measures has
been approved by the City's Director of Planning.
(By-law 94-1, S.14)
(Amended: By-law 2010-156, S. 55)
City of Kitchener Zoning By-law 85-1 Office Consolidation: September 7, 2010
Page 15 of 191
F I , i
Barristers, Solicitors
Notaries Public
LAW
FILE NUMBER: 22-99-161851
March 22, 2023
VIA email dave.galbraith@ibigroup.com
IBI GROUP
410 Albert Street, Suite 101
Waterloo ON N2L 3V3 Canada
Dear Mr. Galbraith:
GGFI LAW LLP
515 Riverbend Dr., Suite 200
Kitchener, ON N2K 3S3
Martin Mahlstedt*
519-579-4300 Ext 287
martinmahlstedt@ggfilaw.com
`Practicing as a Professional Corporation
ESL 550 King Street GP Inc.
Record of Site Conditions of 550 King Street East, Kitchener, Ontario N2G 21-8
(the "Property") (PIN 22510-0355 (LT))
Please be advised that we are the lawyers for 550 King Street GP Inc. (the "Corporation) in respect of the
above -noted matter.
550 King Street GP Inc. became the registered owner of to the Property pursuant to a Transfer registered
as Instrument Number WR1311314 on January 15, 2021. 550 King Street LP is the sole beneficial owner
of the property.
An Application to Consolidate Parcels predates the Transfer, and was registered as Instrument No.
WR1310131 on January 12, 2021, accordingly, the property identification numbers thereon were replaced
on February 3, 2021 by a single property identification number (PIN), being PIN 22510-0355.
The Property is legally described as follows:
FIRSTLY: LOT 9, PLAN 323; PART LOTS 10-11, PLAN 323; PART LOTS 1-2, PLAN 100,
PARTS 1 & 2 PLAN 58R6892, PARTS 1 & 2 PLAN 58R7308, EXCEPT PART 3 PLAN
58R12367; SECONDLY: PART LOTS 1-3, PLAN 100, PART 1 PLAN 58R12168, EXCEPT
PART 4 PLAN 58R12367; T/W 1456115; CITY OF KITCHENER.
Land Registry Office #58
(PIN 22510-0355 (LT))
FEE SIMPLE
LT CONVERSION QUALIFIED
Roll # 3012 030 008 269 10 0000
KITCHENER a NEW HAMBURG T 519-579-4300 F 519-579-8745
Page 16 of 191
The municipal address of the Property is 550 King Street East, Kitchener, Ontario N2G 21-8.
Please find enclosed the following documents:
1. Parcel Register for PIN 22510-0355, dated February 16, 2023;
2. Transfer registered on January 15, 2021, as Instrument number WR1311314;
3. Application to Consolidate registered January 12, 2021, as instrument number WR1310131; and
4. Plan of Survey of the Property dated August 8, 2022, signed by Rod Lord, Ontario Land Surveyor.
Should you have any questions regarding the information contained herein, please do not hesitate to
contact the undersigned.
Yours truly,
GGFI LAW ccs
rrtlrr aftilstedt ,
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MM/tf
Encl.
Page 17 of 191
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NOTICE OF PUBLIC MEETING
for removal of a holding provision
9 Cameron Street North
Location Map
Lifting of Holding Provision 15H
Community & Infrastructure
Services Committee
Date: April 24, 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:
Brian Bateman, Senior Planner
519.741.2200 x 7869
brian.bateman@ kitchener.ca
The City of Kitchener will consider an application for a Zoning By-law
Amendment to lift Holding Provision 15H in Zoning By-law 85-1 affecting the
subject lands. The requirements for the removal of 15H have been fulfilled with
the consolidation of the subject property with lands addressed as 530 King
Street East and included as part of an approved Site Plan Application.
Page 19 of 191
R
SUBJECT4
\ AREA
c"
C
�
Location Map
Lifting of Holding Provision 15H
Community & Infrastructure
Services Committee
Date: April 24, 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:
Brian Bateman, Senior Planner
519.741.2200 x 7869
brian.bateman@ kitchener.ca
The City of Kitchener will consider an application for a Zoning By-law
Amendment to lift Holding Provision 15H in Zoning By-law 85-1 affecting the
subject lands. The requirements for the removal of 15H have been fulfilled with
the consolidation of the subject property with lands addressed as 530 King
Street East and included as part of an approved Site Plan Application.
Page 19 of 191