HomeMy WebLinkAboutDSD-19-251 - ZBA Removal of Holding Provision (30T-02206)REPORT TO:Community and Infrastructure ServicesCommittee
DATE OF MEETING: December 9, 2019
SUBMITTED BY:Alain Pinard, Directorof Planning, 519-741-2200 ext.7319
PREPARED BY:Eric Schneider,Planner, 519-7471-2200 ext.7843
WARD(S) INVOLVED:Ward 1
DATE OF REPORT:November 28,2019
REPORT NO.:DSD-19-251
SUBJECT:ZONING BY-LAW AMENDMENTAPPLICATION ZC19/012/L/ES
30T-02202
Hallman Construction Limited (HCL)
______________________________________________________________________
RECOMMENDATION: That Zoning By-law AmendmentApplication ZC19/012/L/ES (30T-
02202) for the purposeof removing Holding Provision 13HSRfrom the lands specified on
the attached Map No.1, in the form shown in the “Proposed By-law” dated November 28,
2019, attached to Report DSD-19-251as Appendix A, be approved.
Subject Property: 30T-02206
*** This information isavailable in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
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REPORT:
The subject property isin draft approved subdivision 30T-02206andiszoned Residential Six
Zone(R-6) with Holding Provision 13HSR. The landsare located in a Low Rise Residential
designation under the Official Plan.Holding Provision 13HSR(Holding Provision for Services and
Roadworks)specifies that it shall not be removed until OtterbeinRoad (formerly Dunnigan Drive)
is constructed, or the lands are consolidated with the adjacent subdivision (30T-91005)and
appropriate conditions have been applied to the lands for the construction of Otterbein Road, to
the satisfaction of the City.Modified conditions were applied to the lands through in the subdivision
agreements thatrequire the coordinatedconstruction and servicing of Otterbein Road from
Lackner Boulevardthrough both subdivisionlands (30T-02206 and 30T-91005).Engineering has
granted pre-servicing approval and Otterbein Road is now under construction. As such, Planning
Staff recommends that Holding Provision 13HSR be removed from the lands as shown on Map
No. 1 (Appendix “B”).
ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN:
The recommendation of this report supports the achievement of the city’s strategic vision through
the delivery ofcore service.
FINANCIAL IMPLICATIONS:
There are no financial implications associated with this recommendation.
COMMUNITY ENGAGEMENT:
INFORM - Notice of the intention to pass an amendingby-law to removeHolding Provision 13HSR
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will be in The Record on November 15, 2019(see Appendix “C”). Under the Planning Act, no
statutory public meeting or neighbourhood circulation are required for Zoning By-law
Amendments to removea holding provision. This report will beposted to the City’s website with
the agenda in advance of the council / committee meeting.
CONCLUSION:
Planning staff are of the opinion that the requested Zoning By-law Amendmentto remove Holding
Provision 13HSRfrom the lands specified on the attached Map No.1 of Appendix “A” is
appropriate at this time since the requirements to removethe holding provision have been met.
Planning Staff recommend approval of the application as outlined in the Recommendationsection
of this report.
REVIEWED BY: Della Ross, Manager of Development Review
ACKNOWLEDGED BY: Justin Readman,General Manager (Development Services
Department)
Appendices:
Appendix “A” –Proposed Zoning By-law& Map No. 1
Appendix “B” – Newspaper Notice
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Appendix “A”
PROPOSED BY – LAW
November 28, 2019
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
- Hallman Construction Limited – 30T-02206)
WHEREAS it is deemed expedient to amend By-law 85-1 for the lands specified above;
NOWTHEREFORE the Council of the Corporation of the City of Kitchener enacts as
follows:
1.Schedule Number227Appendix “A” to By-law Number 85-1 ishereby amended by
changing the zoning applicable to the parcel of land specified and illustrated as Subject
Area1on Map No. 1, in the City of Kitchener, attached hereto, from Residential SixZone
(R-6) with Holding Provision 13HSRto Residential SixZone (R-6).
PASSED at the Council Chambers in the City of Kitchener this______
day of _______________,2019.
_____________________________
Mayor
_____________________________
Clerk
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Appendix B
PROPERTY OWNERS AND INTERESTED PARTIES ARE INVITED
TO ATTEND A PUBLIC MEETING TO DISCUSS
A PROPOSED ZONING BY-LAW
UNDER THE APPLICABLE SECTION34OF THE PLANNING ACT
30T-02206ZBA19/012/L/ES
The purpose of this Zoning By-law Amendmentis to remove Holding Provision 13HSRfrom the zoning of the above noted
lands,asthe conditions to remove the Holding Symbol have been fulfilled.The zoning will thereby change from
Residential Six Zone (R-6) with HoldingProvision 13HSRto Residential Six Zone (R-6).
(INSERT MAP)
The public meeting will be held by the Community &Infrastructure Services Committee, a Committee of Council which
deals with planning matters on:
MONDAY, DECEMBER9,2019
nd
COUNCIL CHAMBERS, 2FLOOR, CITY HALL
200 KING STREET WEST, KITCHENER
ADDITIONAL INFORMATIONis available by contacting the staff person noted below, viewing the report contained in the
agenda(posted 10 days before the meeting atwww.kitchener.ca-click on the date in the Calendar of Eventsand select the
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appropriate committee), or in person at the Planning Division, 6Floor, City Hall, 200 King Street West, Kitchener between
8:30 a.m. -5:00 p.m. (Monday to Friday).
Eric Schneider,Planner-519-741-2200 x7843(TTY: 1-866-969-9994), eric.schneider@kitchener.ca
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