HomeMy WebLinkAboutDSD-20-065 - Zoning By-law Amendment ZBA/20/992/E/KA 83 Elmsdale DrREPORT TO: Committee
August 10, 2020
DATE OF MEETING:
Della Ross,DirectorofPlanning (Interim), 519-741-2200 x7327
SUBMITTED BY:
Katie Anderl, SeniorPlanner, 519-741-2200 x7987
PREPARED BY:
Ward 6
WARD INVOLVED:
June 29,2020
DATE OF REPORT:
DSD-20-065
REPORT NO.:
Zoning By-law Amendment ZBA/20/002/E/KA
SUBJECT:
83 Elmsdale Drive
Aria Towns Inc.
RECOMMENDATION: That Zoning By-law AmendmentApplicationZBA20/002/E/KA (83
Elmsdale Drive)for Aria TownsInc.,for the purpose of removing Holding Provision 71H
from a portion of the lands specified in the attached Map No.1, in the form shown in the
th
-June30, 2020, attached to the Report DSD-20-065as
Appendix A, be approved;and further,
That in accordance with Planning Act Section 45 (1.3 & 1.4) that applications for minor
variances shall be permitted for lands subject to Zoning By-law Amendment Application
ZBA20/002/E/KA.
REPORT:
In 2014 the applicant received approval of Official Plan and Zoning By-law Amendments, to permit the
former Utilities Operations Centre to be redeveloped with a mixed use development including
residentialandcommercial uses. Holding Provision 71H (attached in Appendix D) was added to the
lands at that time to ensure that sensitive uses would not be permitted until:
a)a Stationaryand Traffic Noise Assessmenthadbeen prepared based on a proposed site plan to
the satisfaction of the Region of Waterloo; and
b)the City of Kitchener and Region of Waterloo are in receiptof a Record of Site Condition,
acknowledged by the Ministry of the Environment, confirming thatthe subject property is
suitable for residential and other sensitive land uses.
The lands have beensevered into individualdevelopment parcelsin accordance with Committee of
Adjustment approvals. Holding Provision 71H applies to allparcelsand the applicant has submitted the
subject application to lift Holding Provision 71H from the portion of the lands closest to the intersection
of Elmsdale Driveand Ottawa Street South, shown as Area 1 on Map No. 1.Site Plan
Approval in Principle has been granted for a stacked townhouse development consisting of 116
dwelling unitson this portion of the subject lands.Finalapproval is conditional upon Holding Provision
71H being lifted.
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The City is in receipt of correspondence dated June25, 20201indicating that
the Region of Waterloo is satisfied that the applicant has met the requirements of 71H a) and b) for the
portion of lands mentioned above and have no objection to the City of Kitchener partially lifting the
holding provision as it applies to this portion of the property.
City staff confirms that a Record of Site Condition has been filed with the Ministry of the Environment,
Conservation and Parks (RSC Number 226966), and a letter of acknowledgement advising of the same
has been issued by the Ministry dated June 18, 2020.
Based on the foregoing,Planning staff recommends removing Holding Provision 71Hfrom the portion
of the lands shownon Map No.1 contained within Appendix A
ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN:
delivery of core service.
FINANCIAL IMPLICATIONS:
There are no financial implications to the City.
COMMUNITY ENGAGEMENT:
Notice of the intention to pass a by-law to remove the holding provision will be placed in The Record on
July17th, 2020 (attached inty
Engagement Strategy. Under the Planning Actno statutory public meeting is required for zoning by-law
amendments to remove holding provisions, and no neighbourhood circulation is required. Furthermore,
with the agenda in advance of the Council / Committee
meeting.
PREVIOUS CONSIDERATION OF THIS MATTER:
The City approvedZoning By-law 2014-092, which applied Holding Provision 71H,together with the
Commercial zoning,in 2014.
CONCLUSION:
Planning staff is of the opinion that the requested zoning by-law amendmentto remove Holding
Provision 71H from the portion of the lands specified in the attached Map No.1 of Appendix A is
appropriate at this time since the requirements to release the holding provision have been met.
Planning staff recommends approval of the application as outlined in the Recommendation section of
this report.
REVIEWED BY:Janine Oosterveld Manager of Site Development & Customer Service
ACKNOWLEDGED BY: Justin ReadmanGeneral Manager,Development Services
Appendices:
Appendix A Proposed Zoning By-law and Map No. 1
Appendix B Newspaper Notice
Appendix C Regional and MECPApproval Letters
Appendix D Holding Provision 71H
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AProposed Zoning By-law
PROPOSED BY LAW
___________2020
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 ARIA TOWNS
INC.83 Elmsdale Drive)
WHEREAS it is deemed expedient to amend By-law 85-1for the lands specified above;
NOW THEREFORE the Council of the Corporation of the City of Kitchener enacts as
follows:
1.Schedule Numbers89and90-law Number 85-1 are hereby amended
by changing the zoning applicable to the parcel of land specified and illustrated on Map No.
1, in the City of Kitchener, attached hereto, fromNeighbourhood Shopping Centre Zone (C-
2) with Special Regulation Provision 649R and Special Use Provision 436U and Holding
Provision 71H toNeighbourhood Shopping Centre Zone (C-2) with Special Regulation
Provision 649R and Special Use Provision 436U.
PASSED at the Council Chambers in the City of Kitchener this_______________
day of_______________,2020.
_____________________________
Mayor
_____________________________
Clerk
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611 ELUDEHCS511 ELUDEHCS
98 ELUDEHCS09 ELUDEHCS
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DSD-20-065
Appendix B
NOTICE OF INTENT TO REMOVE A HOLDING PROVISION
PROPOSED AMENDMENT TO THE CITY OF KITCHENER ZONING BY-LAW
UNDER SECTION 36 OF THE PLANNING ACT
83 Elmsdale Drive
The purpose oftheproposed Zoning By-law Amendment is to partially remove Holding Provision 71H from the
above noted landsas the requirements for removal have been fulfilled.
In keeping with physical distancing measures recommended by Public Health due to COVID-19, anelectronic
meeting will be held by the Community & Infrastructure ServicesCommittee, a Committee of Council on:
Monday,August 10, 2020
(live-stream video available at kitchener.ca/watchnow)
ADDITIONAL INFORMATIONis available by contacting the staff person noted belowor byviewing the report
contained in the meeting agenda (posted 10 days before the meeting at www.kitchener.ca-click on the date in the
Calendar of Events and select the appropriate committee).
Katie Anderl,SeniorPlanner -519-741-2200 x 7987(TTY: 1-866-969-9994);katie.anderl@kitchener.ca
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Files:C16-40/13015
B2018-017
June 25, 2020
Della Ross, MCIP, RPP
Manager of Development Review
City of Kitchener
City Hall, P.O. Box 1118
200 King Street West
Kitchener, ON N2G 4G7
Dear Ms. Ross:
Re:Revised Clearance for Partial Removal of Holding Provision
By-law No. 2014-092 (ZC Application ZC13/15/E/KA)
Consent Application B2018-017
Parts 1, 2 and 3 on Reference Plan 58R-18985
Novacore Inc.
83 Elmsdale Drive
City of Kitchener
for partial removal of holding provision 71H as it applies to Part 1, Plan 58R-18985.
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, as it applies to Parts 1, 2 and
Part 3 on Reference Plan 58R-8985.
In 2014, the applicant submitted a zone change application to rezone the entirety of the
lands from Industrial to Commercial with special use provisions and a holding provision
(C-2, 649R, 436U, 71H). City Council approved By-law 2014-092 on June 30, 2014.
In 2018, the lands subject to By-law 2014-092 were subject to consent applications
B2018-017, B2018-018 and B2018-019. The effect of these consent applications was to
create three separate parcels for development. By-law 2014-092 applies to each of the
new parcels created through these consents.
I understand the applicant has now submittedan application to the City to partially lift
holding provision 71H as it applies to Parcel B (Parts 1, 2 & 3, Plan 58R-18985) created
3162861Version: 1
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through the above noted consent applications.Parcel B is situated at the northeast
corner of Ottawa St. S. and Elmsdale Dr. as shown on proposed severance sketch
prepared by ACI Survey Consultants, File 19-42-221-00 dated August 8, 2019.
Holding provision 71H consists of two sections:
71H a) prohibits any residential uses, religious institution, day care facility or educational
establishment until such time that the City of Kitchener is in receipt of a clearance from
ave been satisfied
with respect to the submission of a detailed stationary and traffic noise assessment,
based on the proposed site plan, to address compatibility.
71H b) prohibits all uses until such time that the City of Kitchener and Region of
Waterloo are in receipt of a Record of Site Condition acknowledged by the Ministry of
the Environment, Conservation and Parks.
Through the consent application process, the applicant submitted a detailed noise study
to the Region for the parcel of land subject to application B2018-017, legally described
as Parts1, 2 and 3 on Reference Plan 58R-18985, and have entered into a registered
development agreement with the Region of Waterloo (WR1173652) to provide for
The applicant has filed a Record of Site Condition with the Ministry of the Environment,
Conservation and Parks (RSC Number 226966) as it applies to Parcel B, and a letter of
acknowledgement advising of the same has been issued by the Ministry dated June 18,
2020. The Region received a copy of the acknowledgement June 19, 2020.
The Region is satisfied that the applicant has met the requirements of 71H a) and b) for
the lands legally described as Parts1, 2 and 3 on Reference Plan 58R-18985and have
no objection to the City of Kitchener partially lifting the holding provision as it applies to
this portion of the property subject to By-law 2014-092.
The applicant is advised that 71H a) and b), for noise studies and Records of Site
Condition still apply to the balance of the lands at 83 Elmsdale Drive (Part 4 and Part 11
on Reference Plan 58R-18985).
Should you have any questions, please do not hesitate to contact Shilling Yip, Principal
Planner, at (519) 575-4496.
Yours truly,
Amanda Kutler, MCIP, RPP
Manager, Development Planning
cc. Sarah Code, GSP Group
Katie Anderl, City of Kitchener
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Matthew Colley, Region of Waterloo
Jason Wigglesworth, Region of Waterloo
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Appendix D Holding Provision 71H
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