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HomeMy WebLinkAboutDTS-06-147 - ZC06/19/V/AP, 72 Victoria Street South ) ~ Report To: Date of Meeting: Submitted By: Prepared By: Ward(s) Involved: Date of Report: Report No.: Subject: Development & Technical Services Committee October 23, 2006 Jeff Willmer, Director of Planning (519-741-2325) Andrew Pinnell, Planner (519-741-2668) West - Victoria Park Ward (6) October 3, 2006 DTS-06-147 ZC06/19/V/AP Waterloo Warehouse Equities Victoria Limited 72 Victoria Street South RECOMMENDA TION: That Zone Change Application ZC06/19/V/AP (Waterloo Warehouse Equities Victoria Limited) to change the zoning from Warehouse District Zone (D-6) with Holding Provisions 39H and 43H to Warehouse District Zone (D-6) with Holding Provision 43H on lands legally described as Lots A to H inclusive, Registered Plan 421, Lot 34 and Part Lots 35 and 41, Registered Plan 420, Part Lot 25, Streets and Lanes, municipally known as 72 Victoria Street South, in the City of Kitchener, be aooroved in the form shown in the attached "Proposed By-law", dated September 22,2006. REPORT: The subject lands are located at 72 Victoria Street South at the northwest corner of Joseph and Victoria Streets. The lands contain a building which accommodates numerous tenants with various types of office uses. The lands are presently zoned Warehouse District (D-6) with Holding Provisions 39H and 43H. The applicant is proposing to rezone the property for the purpose of removing Holding Provision 39H. Holding Provision 39H was applied to the property in 1999 by the City through the owner's application to change the zoning of the lands to permit 100% of the building to be used as office (zone change application number ZC99/14/V/JG). Through the circulation of the application, the Region identified that the Victoria and Joseph Street intersection would not function at an acceptable level of service, as the proposed office use would have a higher traffic generation rate than the previously existing industrial uses. Through the Region's further analysis; however, it was determined that the intersection would operate at an acceptable level of service if office use was limited to 50% of the building's floor space. Consequently, Regional staff recommended that a holding provision be applied to the lands that would limit the floor space dedicated to office use to 50% of the building until intersection improvements were satisfactorily completed and confirmation of which was received by the City from the Region. Holding Provision 39H was approved and applied to the lands in December 1999 and has been in place ever since. The City is now in receipt of a letter from Regional staff indicating that certain road improvements have been completed and that they are not aware of any operational issues at the Victoria Street / Joseph Street intersection. Regional staff comment that they have no objection to the City of Kitchener lifting the aforementioned holding provision. FINANCIAL IMPLICATIONS: Nil. COMMUNICA TIONS: Notice of the public meeting to be held by the Committee of Council Dealing with Development and Technical Services matters on October 23, 2006 was advertised in The Record on September 29,2006. No mail-out notification was undertaken because the removal of a holding provision is not appealable. CONCLUSION: Based on the foregoing, the Development and Technical Services Department recommends that Zone Change Application ZC06/19/V/AP for lands addressed as 72 Victoria Street South, be approved in the form shown in the Proposed By-law. Andrew Pinnell, BES Planner Brandon Sloan, MCIP, RPP Interim Coordinator of Development Review / Senior Planner Jeff Willmer, MCIP, RPP Director of Planning Attachments: . Newspaper Advertisement . Proposed Zoning By-law and Map No.1 . Appendix "A" - Letter from Region Indicating Support for Lifting Holding Provision 39H, dated June 29,2006 <{z ~L Oml NIe.. I-ffiW UC'JZ o::ZO I-ON ~(jjl- o5S2 woo:: (/)0::1- :::lo...(/) 0(90 Izw ~o~ ~g~ ~~~ 3:~~ I I (/) I- ~ ::::i w z 2 0...'" ~ 6 ~ ~ ~~ ~ ~ ii':~ a..ii: ~ ~~ (1) ~ ~ ~[:! c:: ~ z gllJ (1) ~ o Nt J: &: ~ i~ ~ ~ ~ ~~ ~ ~ & ~S '0 ~ <( ~~ 0 Wo::~ ~ <.9 ~~ :=: ~ ~ 3~ (,) ~ ~ ~~ ~ W ~~ [ij 3 ~~ 0 N g~ <D o o N gf I ~ UJ I'- (/) aJ :~ 0 " LDtu g ~ l(l~ ~- ~ o ~ W <( I- U <( (/) 0 <( ii2 ~ ~ :> I o ~ ~ Z ~ ~ a.. (/) tl1 <C ~ ~ ::iB ~ ~ o 0 ~ ~ ~ ~ PROPOSED BY-LAW September 22, 2006 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 - Waterloo Warehouse Equities Victoria Limited - Victoria Street South) WHEREAS it is deemed expedient to amend By-law 85-1; NOW THEREFORE the Council of the Corporation of the City of Kitchener enacts as follows: 1. Appendix "F" to By-law 85-1 is hereby amended by deleting section 39 therefrom. 2. Schedules 74 and 84 of Appendix "A" to By-law Number 85-1 are hereby amended by deleting the holding symbol and numerical reference thereto (39H) as such symbol and numerical reference relate to the lands described as Lots A to H inclusive, Registered Plan 421, Lot 34 and Part Lots 35 and 41, Registered Plan 420, Part Lot 25, Streets and Lanes, in the City of Kitchener. These lands are shown on Map No. 1 attached hereto and are now zoned Warehouse District Zone (0-6) with Holding Provision 43H. PASSED at the Council Chambers in the City of Kitchener this day of , 2006. Mayor Clerk