HomeMy WebLinkAboutDSD-2021-009 - Removal of Holding Provision-ZBA20/014/S/JVW-Strasburg RdREPORT TO:Committee
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February8, 2021
DATE OF MEETING:
SUBMITTED BY:Bustamante, Rosa Director of Planning 519-741-2200ext. 7319
PREPARED BY:von Westerholt,Juliane,SeniorPlanner,519-741-2200ext. 7157
WARD(S) INVOLVED:Ward(s)4
DATE OF REPORT:January 8, 2021
REPORT NO.:DSD-21-009
SUBJECT: ZONING BYLAW AMENDMENTAPPLICATION ZC20/014/S/JVW
Removal of Holding Provision
RECOMMENDATION:
That Zone Change Application ZC20/014/S/JVW for Strasburg Road, (Hallman
Construction)for the purpose of changing the zoning by removing Holding
Provision 73H from the lands specified in the attached Map No.1, in the form shown
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posed By-February 8, 2021, attached to the Report DSD-21-
009as Appendix A, be approved.
REPORT HIGHLIGHTS:
The purpose of this report i
that was placed on the lands to ensure that the construction of both the extension of
Strasburg Road as well as the South Strasburg Trunk SanitarySewer to Rockcliffe Drive
was completed prior to permitting residential development.
BACKGROUND:
The subject lands were rezoned after significant public consultation to permit more intensive
redevelopment of the subject lands.
Applications were originally received in 2008 and proposed to re-designate and rezone the
lands to High Rise Residential with Residential Nine Zone (R-9) in order to support a
development proposal comprised of three 15 storey residential towers with a total of 540
units. In 2012, following the second circulation of the applications, and based on the content
of the comments, the owner revised the application to permit two residential towers both 12
storeys in height with a total of 288 units. This revised concept was subsequently
recirculated once more to the agencies and the neighbourhood for comments. In response
to the second circulation comments and concerns raised, the first of three Neighbourhood
Information Meetings (NIMs) was held on November 18, 2014.Subsequent consultation
opportunities occurred including a small working group comprised of residents, city staff and
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
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the applicant and his consultant. The plans were finally revised to permit a development
comprised of Stacked Townhouse and/ or up to 4storey walk-up style built formwith a total
of 200 units. The matter was subsequently referredtothe OMB to settle an appeal of the
by-law, a holding provision forthe extension of the Strasburg Road and the South Strasburg
Trunk Sanitary Sewer was applied to the lands toprohibit the residential development until
the services were in place.
REPORT:
In June 2017the applicant received endorsementfrom the Cityfor a Zoning By-law
Amendment, proposing the redevelopment of the subject lands with200 low rise residential
units in the form of stacked townhouses or small 4 storey walk up buildings. The application
was appealed to the Ontario MunicipalBoard (OMB) for indecision and amending bylaw
was finally approved by the OMB on November15, 2017.
At the time of the abovementioned zoning by-law amendment Holding Provision 23HSR
wasretained within the zoning of the property to prohibit any developmentuntil such time
as the holding provision represented by the letter symbols K\[(S)(R)\] as established in
Section 3.5.7 of the Zoning By-
Director of Planning is in receipt of a letter from the City
that the Strasburg Road Extension to Rockcliffe Drive and the Strasburg Road Trunk
Sanitary Sewer to Rockcliffe Drive have been satisfactorily completed.
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On June 30, 2020, the CityPlanning Directorreceived notification from the
of Engineering which confirmed that the extension of Strasburg Road and the related
sanitary sewer was completed to Rockcliffe Drive. Consequently, the applicant is requesting
removal of Holding Provision 23HSRthrough the subject zone change application in order
to allow the site to be developed (see Map No.1 of Appendix A).
In this regard, Planning staff recommends removing Holding Provision 23HSR from the
lands shown on Map No.1 contained within Appendix A.
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
Capital BudgetThe recommendation has no impact on the Capital Budget.
Operating BudgetThe recommendation has no impact on the Operating Budget.
COMMUNITY ENGAGEMENT:
INFORM-Notice of the intention to pass a by-law to remove the holding provision will be
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placed in The Record on January 15, 2021(see Appendix B),Under the Planning Actno
statutory public meeting is required for zone change amendments to remove holding
provisions, and no neighbourhood circulation is required
INFORM
the council / committee meeting.
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PREVIOUS REPORTS/AUTHORITIES:
There are no previous reports/authoritiesrelated to this matterbesides the settlement of
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the original appeal at the OMB on November 15, 2017
APPROVEDBY:Justin Readman General Manager,Development Services
ATTACHMENTS:
Attachment A -Zoning Map 1
Attachment B -Record Notice
AttachmentC-Approval Letter from the City Director of Engineering Services
AttachmentD-Holding Provision 23HSR
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PROPOSED BYLAW
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February 8,2021
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
the Zoning By-law for the City of Kitchener Hallman
Construction Strasburg Road)
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 Numbers 153, 154, 163 and 164 of App-law Number 85-1 are
hereby amended by changing the zoning applicable to the parcelsof land specified and
illustrated as Area 1 on Map No. 1, in the City of Kitchener, attached herein from
Residential Six Zone (R-6) with Special RegulationProvisions 680R, 681R and 682R,
Holding Provisions 78H and 23HSR and Property Detail Schedule No. 41toResidential Six
Zone (R-6) with Special Regulation Provisions 680R, 681R and 682R, Holding Provisions
78H and Property Detail Schedule No. 41.
PASSEDat the Council Chambers in the City of Kitchener this day of
,2021.
_____________________________
Mayor
_____________________________
Clerk
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SCHEDULE 164SCHEDULE 163
SCHEDULE 153SCHEDULE 154
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NOTICE OF INTENT TO REMOVE HOLDING PROVISIONS
PROPOSED AMENDMENTTO THE KITCHENER ZONING BY-LAW
UNDER SECTION 36OF THE PLANNING ACT
StrasburgRoad at Rockcliffe Drive
Thepurpose of thisZoning By-law Amendment is toremove Holding Provision23HSRfrom the zoning ofthe
above notedlands. This holding provisionprohibitsresidentialland useon the property until suchtimeasthe
City of Kitcheners Director of Planning is in receipt of a letter from the Directorof Engineering Servicesthat the
Strasburg Road Trunk Sanitary Sewerandthe StrasburgRoad Extensionto Rockcliffe Drive is completed.
The applicant is now requesting removal of thisHolding Provisionasthe road and sanitary sewerworks have
been completedhas been released by theDirector ofEngineering.
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, February 8, 2021
(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 themeeting at www.kitchener.ca-click on the date in the
Calendar of Events and select the appropriate committee).
Juliane vonWesterholt,Senior Planner-juliane.vonwesterholt@kitchener.ca
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