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Home My WebLink AboutDSD-2023-400 - Zoning By-law Amendment Application ZBA23/032/V/CD - LIfting of Holding Provision 43H - 120 Victoria Street South - Glovebox (2019) Inc.Staff Report r J R Development Services Department www.kitchener.ca REPORT TO: Planning and Strategic Initiatives Committee DATE OF MEETING: September 18, 2023 SUBMITTED BY: Rosa Bustamante, Director of Planning, 519-741-2200 ext. 7319 PREPARED BY: Craig Dumart, Senior Planner, 519-741-2200 ext. 7073 WARD(S) INVOLVED: Ward 9 DATE OF REPORT: REPORT NO.: September 1, 2023 DSD -2023-400 SUBJECT: Zoning By-law Amendment Application ZBA23/032/V/CD Lifting of Holding Provision 43H 120 Victoria Street South Glovebox (2019) Inc RECOMMENDATION: That Zoning By-law Amendment Application ZBA23/032/V/CD for Glovebox (2019) Inc for the purpose of removing Holding Provision 43H from the lands specified in the attached Map No.1, in the form shown in the "Proposed By-law" attached to the Report DSD -2023-263 as Appendix A, be approved. REPORT HIGHLIGHTS: • The purpose of this report is to seek Council's approval of a Zoning By-law Amendment Application to remove Holding Provision 43H from the lands municipally known as 120 Victoria Street South. • The applicant has satisfied the conditions outlined within the Holding Provision as confirmed by receiving a letter of acknowledgment from the Ministry of Environment. • There are no financial implications associated with the Zoning By-law amendment application. • Community engagement included notification of the intent to pass a by-law to remove the Holding Provision that was advertised in The Record on September 8, 2023. • This report supports the delivery of core services. BACKGROUND: An application by Glovebox (2019) Inc. (the property owner) to lift Holding Provision 43H from 120 Victoria Street South. This report seeks Council's approval of a zoning by-law amendment application to remove the Holding Provision from the property. REPORT: *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 13 of 399 In August of 2018, Council approved a Zoning By-law Amendment application to change the zoning of the subject lands at 120 Victoria Street South in Zoning By-law 85-1 to Warehouse District Zone with Special Regulation Provision 1 R and 71 OR, Special Use Provisions 294U and 463U and Holding Provisions 43H and 80H a Holding Provision (24H) to allow for a phased mixed use development requiring site contamination remediation for sensitive uses. At the time of the above mentioned Zoning By-law Amendment application, Holding Provisions 43H and 80H were retained within the zoning of the property to prohibit any residential use (80H) and other sensitive land uses (43H) until such time as a Record of Site Condition is approved by the Ministry of the Environment. The City is in receipt of a letter of acknowledge from the Ministry of Environment dated January 28, 2021 (Attachment `C') advising that a Record of Site Condition has been completed in accordance with Guidelines for the Decommissioning and Clean-up of sites in Ontario. As such planning staff is satisfied that the applicant has met the requirements of 43H related to the approval of the Record of Site Condition and has no objection to the lifting of the Holding Provision to permit the use of a museum (and other sensitive uses) on the subject lands at 120 Victoria Street South Based on the above, Planning staff is of the opinion that the requested zoning by-law amendment to remove Holding Provision 43H is appropriate at this time since the requirements to release the holding provision have been met. Planning Staff recommends removing Holding Provision 43H 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 September 8, 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 -18-073 • Planning Act, 1990 • Zoning By-law 85-1 REVIEWED BY: Page 14 of 399 Garett Stevenson, Manager of Development Review, Planning Division Tina Malone -Wright, Supervisor Development Applications, Planning Division APPROVED BY: Justin Readman, General Manager Development Services ATTACHMENTS: Attachment A — Proposed By-law to amend Zoning By-law 85-1 and Map No Attachment B — Newspaper Notice Attachment C — Ministry of Environment Letter of Acknowledgement Attachment D — Holding Provision 43H Page 15 of 399 D-6 D-6 10H, 105R, 116U D-6 115U ,U� N -%52U6 ' 1-1 1 R, 1 93R, I-2 R-7 J F�Q,c 399 U 1 R, 1 R U-1 R-6 IM 3 R 2U , 7�4f#j 4 � 145 50 Off awal INT R-7 D-6 lkR 1 2U SUBJECT AREA(S) N AMENDMENT TO BY-LAW 85-1 D-6 AREA 1 - 776R FROM WAREHOUSE DISTRICT ZONE (D-6) H WITH SPECIAL REGULATION PROVISIONS 1R AND 71 OR AND SPECIAL USE PROVISIONS 294U AND 463U AND HOLDING PROVISIONS 43H AND 80H TO WAREHOUSE DISTRICT ZONE (D-6) WITH SPECIAL REGULATION PROVISIONS 1R AND 71 OR AND SPECIAL USE PROVISIONS 294U AND 463U AND HOLDING PROVISION 80H BY-LAW 85-1 L 84 D-5 COMMERCIAL RESIDENTIAL ZONE 8 D-6 WAREHOUSE DISTRICT ZONE E-1 EXISTING USE ONE ZONE 1-1 NEIGHBOURHOOD INSTITUTIONAL ZONE 1-2 COMMUNITY INSTITUTIONAL ZONE Z� M-2 GENERAL INDUSTRIAL ZONE Z� ZONELOW INTENSITY MIXED USE CORRIDOR MU -2 MEDIUM INTENSITY MIXED USE CORRIDOR ZONE P-3 HAZARD LAND ZONE R-5 RESIDENTIAL FIVE ZONE R-6 RESIDENTIAL SIX ZONE R-7 RESIDENTIAL SEVEN ZONE R-8 RESIDENTIAL EIGHT ZONE BY-LAW 2019-051 RES -4 LOW RISE RESIDENTIAL FOUR ZONE AU -1 ZONE GRID REFERENCE 12 0 �ccy SCHEDULE NO. 73 AND 74 OFAPPENDIX'A' MU -1 SI P_3 KITCHENER ZONING BY-LAW 85-1 AND 2019-051 134R -7 1 —�` ZONE LIMITS U-2 134R 52�2R, 402U � MAP NO. o So 10o ZONING BY-LAW AMENDMENT ZBA23/032/V/CD METRES OFFICIAL PLAN AMENDMENT N/A GLOVEBOX (2019) INC. SCALE 1:4,000 Clti/ of Kitchener FILE 120 VICTORIA ST S DATE: SEPTEMBER 3, 2023 ZBA23032VCD_MAP1 DEVELOPME T SERVICES DEPARTMENT, PLANNING mxd D-6 �Go 428U D-6 42H 6R D-6 D-6 10H, 105R, 116U D-6 115U ,U� N -%52U6 ' 1-1 1 R, 1 93R, I-2 R-7 J F�Q,c 399 U 1 R, 1 R U-1 R-6 IM 3 R 2U , 7�4f#j 4 � 145 50 Off awal INT R-7 D-6 lkR 1 2U SUBJECT AREA(S) N AMENDMENT TO BY-LAW 85-1 D-6 AREA 1 - 776R FROM WAREHOUSE DISTRICT ZONE (D-6) H WITH SPECIAL REGULATION PROVISIONS 1R AND 71 OR AND SPECIAL USE PROVISIONS 294U AND 463U AND HOLDING PROVISIONS 43H AND 80H TO WAREHOUSE DISTRICT ZONE (D-6) WITH SPECIAL REGULATION PROVISIONS 1R AND 71 OR AND SPECIAL USE PROVISIONS 294U AND 463U AND HOLDING PROVISION 80H BY-LAW 85-1 L 84 D-5 COMMERCIAL RESIDENTIAL ZONE 8 D-6 WAREHOUSE DISTRICT ZONE E-1 EXISTING USE ONE ZONE 1-1 NEIGHBOURHOOD INSTITUTIONAL ZONE 1-2 COMMUNITY INSTITUTIONAL ZONE Z� M-2 GENERAL INDUSTRIAL ZONE Z� ZONELOW INTENSITY MIXED USE CORRIDOR MU -2 MEDIUM INTENSITY MIXED USE CORRIDOR ZONE P-3 HAZARD LAND ZONE R-5 RESIDENTIAL FIVE ZONE R-6 RESIDENTIAL SIX ZONE R-7 RESIDENTIAL SEVEN ZONE R-8 RESIDENTIAL EIGHT ZONE BY-LAW 2019-051 RES -4 LOW RISE RESIDENTIAL FOUR ZONE AU -1 ZONE GRID REFERENCE 12 0 �ccy SCHEDULE NO. 73 AND 74 OFAPPENDIX'A' MU -1 SI P_3 KITCHENER ZONING BY-LAW 85-1 AND 2019-051 134R -7 1 —�` ZONE LIMITS U-2 134R 52�2R, 402U � MAP NO. o So 10o ZONING BY-LAW AMENDMENT ZBA23/032/V/CD METRES OFFICIAL PLAN AMENDMENT N/A GLOVEBOX (2019) INC. SCALE 1:4,000 Clti/ of Kitchener FILE 120 VICTORIA ST S DATE: SEPTEMBER 3, 2023 ZBA23032VCD_MAP1 DEVELOPME T SERVICES DEPARTMENT, PLANNING mxd 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 — Glovebox (2019) Inc. — 120 Victoria 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 Numbers 73 and 74 of 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 1 on Map No. 1, in the City of Kitchener, attached hereto, from Warehouse District Zone (D-6) with Special Regulation Provisions 1 R and 710R and Special Use Provisions 294U and 463U and Holding Provisions 43H and 80H to Warehouse District Zone (D-6) with Special Regulation Provisions 1 R and 710R and Special Use Provisions 294U and 463U and Holding Provision 80H. PASSED at the Council Chambers in the City of Kitchener this day of , 2023. Mayor Clerk Page 17 of 399 NOTICE OF PUBLIC MEETING for removal of a holding provision 120 Victoria Street South W ILocation Map A®k e gt o ®a Removal of Holding Provision 43H 1 KITcHI:NER Community & Infrastructure Services Committee Date: September 18, 2023 Location: Council Chambers, Kitchener City Hall 200 King Street West "Virtual Zoom Meeting To view the staff report, agenda, meeting details & start time of this item (to be posted 10 days before meeting), visit kitchener.ca/meetings To learn more about this project, visit: www.kitchenenca/ PlanningApplications or contact: Craig Dumart, Senior Planner craig.dumart@ kitchener.ca 519.741.2200 x7073 The City of Kitchener will consider an application for a Zoning By-law Amendment to lift Holding Provision 43H in Zoning By-law 85-1 affecting the subject lands. The requirements forthe removal of 43H have been fulfilled with the approval of Record of Site Condition by the Ministry of the Environment. Page 18 of 399 Ontario Q Ministry of the Environment, Conservation and Parks Environmental Permissions Branch 135 St. Clair Avenue West 1St Floor Toronto ON M4V 1 P5 Tel.: 416 314-8001 Fax: 416 314-8452 Via Email January 28, 2021 Minist6re de I'Environnement, de la Protection de la nature et des Pares Direction des permissions environnementales 135, avenue St. Clair Ouest Rez-de-chaussee Toronto ON M4V 1 P5 Tel : 416 314-8001 T61ec.: 416 314-8452 DON ZEHR GLOVEBOX (2019) INC. 205A, 607 KING STREET WEST KITCHENER ON N2G 1C7 Dear Don Zehr: Record of Site Condition Number 227568 Has Been Filed in the Environmental Site Registry for 120 Victoria Street South, Kitchener Pursuant to paragraph 3 of subsection 168.4(3.1) of the Environmental Protection Act, this is a written acknowledgment that Record of Site Condition (RSC) number 227568 has been filed in the Environmental Site Registry on January 28, 2021. An electronic copy of this RSC can be viewed and downloaded from the Environmental Site Registry located here: s://www.Iresde.Irc.aov.on.ca/BFISWebPubliC/Dub/searchFiledRsc search?reauest locale=en If you have any questions or require additional information, please contact Thomas Cruttwell, Brownfields Unit, Environmental Permissions Branch, at 416-720-7582. Regards, psi Thomas Cruttwell Director Subsection 168.4(3), Environmental Protection Act Attachment c: TREVOR BEATTIE, GHD LIMITED District Manager, Guelph District Office, MECP File No.: 21-287 Page 19 of 399 2073 (2016/06) APPENDIX "F" - HOLDING PROVISIONS FOR SPECIFIC LANDS 43. Notwithstanding Section 17.1 of this By-law, within the lands zoned D-6 on Schedules 73, 74 and 84 of Appendix 'A', as affected by this section, the following uses shall not be permitted until such time as the City of Kitchener is in receipt of a letter of acknowledgment from the Ministry of the Environment advising that a Record of Site Condition has been completed in accordance with Guidelines for the Decommissioning and Clean-up of sites in Ontario: Conference or Convention Facility Convenience Retail Exhibition Facility Funeral Home Museum Personal Services Restaurant Sale or Rental of Furniture and Electric or Electronic Appliances or Electric or Electronic Equipment Social Service Establishment Studio (By-law 2001-64, S.8) (Downtown boundary expansion) City of Kitchener Zoning By-law 85-1 Office Consolidation: December 2003 Page 20 of 399