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Home My WebLink AboutDSD-20-177 - Holding Provisions Removal - 1250-1314 Fischer-Hallman RdREPORT TO: Community & Infrastructure Services Committee DATE OF MEETING:December 7, 2020 SUBMITTED BY: Rosa Bustamante, Director of Planning PREPARED BY: Andrew Pinnell, Senior Planner, 519-741-2200 ext.7668 WARD INVOLVED: Ward 5 DATE OF REPORT:November 12, 2020 REPORT NO.:DSD-20-177 SUBJECT: Zoning By-law Amendment Application ZBA20/008/F/AP 1250-1314 FischerHallman Road WAM Fischer Hallman GP Inc. – Removal of Holding Provisions ___________________________________________________________________________ RECOMMENDATION: That Zoning By-law Amendment Application ZBA20/008/F/AP for 1250-1314 Fischer Hallman Road for WAM Fischer Hallman GP Inc. for the purpose of changing the zoning by removing Holding Provisions 83H and 84H (both under By-law 85-1)from the lands specified in the attached Map No.1, in the form shown in the “Proposed By-law” dated June 22, 2020, attachedto the Report DSD-20-177as Appendix A, be approved. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994for assistance. 1 - 1 REPORT: The subject property is located at the southeast corner of the intersection of FischerHallman Road and Bleams Road, at the northern gateway to the Rosenberg Secondary Plan Area. The property is located north of Strasburg Creek and does not contain any buildings. In September 2018, City Council approved a Zoning By-law Amendment (ZBA) toallow the development of the lands with a mixed-use development concept, to be implemented through a site plan approval process. The development concept features the following: First Phase (centre of site): Approximately 7,300 square metres (80,000 sq.ft.) of commercial floor area, including a 3,340 square metre (36,000 sq.ft.), and 3 stand-alone commercial multi-tenant buildings. Second Phase (south end of site): Three 10-12 storey apartment buildings comprising 418 total dwelling units. Third Phase (north end of site): One 6-10 storey mixed-use building (office/retail and residential). At that time, 2 holding provisions were applied to prevent development / sensitive land uses until certain conditions are met(see Appendix F), including: A detailed noise study is completed – to ensure safe noise levels for sensitive land uses (Holding Provision 83H); and A legal stormwater outlet is obtained – to ensure legal drainage of the site to Strasburg Creek (Holding Provision 84H). In October 2018, the ZBA was appealed to the Local Planning Appeal Tribunal (LPAT) by another developer. A hearing was held in August 2019 and a decision was delivered on March 31, 2020 to dismiss the appeal. In July 2020, the applicant received Approval in Principle of a Site Plan Application. This approval allows the applicant to proceed with developmentof the first phase, subject to the holding provisions being removed, among other conditions(see AppendixC for approved site plan drawing). The subject application requests removal of both holding provisions from the whole of the lands in order to allow development to proceed (see Map No. 1 of Appendix A).Through the application review, Planning staff received written confirmation from the Region of Waterloo (see Appendix D) and City’s Engineering Services (see Appendix E), that the above noted conditions related to the holding provisions have been fulfilled.Accordingly, Planning staff recommends removal of all holding provisions at this time. ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN: The recommendation of this report supports the achievement of theCity’s strategic vision through the delivery of core service. 1 - 2 FINANCIAL IMPLICATIONS: No new or additional capital budget requests are associated with therecommendation. recommendations. COMMUNITY ENGAGEMENT: INFORM- Notice of the intention to pass a by-law to remove the holding provision will be placed in The Record on November 13, 2020(see Appendix B), thereby using the“Inform” theme from the Community Engagement Strategy. Under the Planning Actno statutory public meeting is required for zoning by-law amendments to remove holding provisions, and no community engagement is required. Furthermore, thisreport will be posted to the City’s website with the agenda in advance of the Council / Committee meeting. CONCLUSION: Planning staff is of the opinion that the requested zoning by-law amendment to remove both holding provisions from the subject property is appropriate at this time, since the conditions to release the holding provisions have been fully met. Accordingly, Planning staff recommends approval of the application as outlined in the Recommendationsection of this report. REVIEWED BY: Janine Oosterveld, Manager of Site Development and Customer Service ACKNOWLEDGED BY: Justin Readman, General Manager,Development Services Department Attachments: Appendix A – Proposed Zoning By-law including Map No.1, datedJune 22,2020 Appendix B – Newspaper Notice Appendix C – Approved in Principle Site PlanDrawing Appendix D – Region of Waterloo Clearance Letter Appendix E – Engineering Services Clearance Letter Appendix F – Holding Provisions 83H, 84H 1 - 3 Appendix AProposed Zoning By-law PROPOSED BY LAW June 22,2020 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 WAM Fischer Hallman GP Inc.1250-1314 FischerHallman Road) WHEREAS it is deemed expedient to amend By-law 85-1for the lands specified above; NOWTHEREFORE the Council of the Corporation of the City of Kitchener enacts as follows: 1.Schedule Number93-law Number 85-1ishereby amended by changing the zoning applicable to the parcel of land specified and illustrated as Area 1on Map No.1, in the City of Kitchener, attached hereto, fromMedium Intensity Mixed Use Corridor Zone (MU-2) with Special Regulation Provisions 740R and 743R and Special Use Provision 469U and Holding Provisions 83H and 84H to Medium Intensity Mixed Use Corridor Zone (MU-2) with Special Regulation Provisions 740R and 743R and Special Use Provision 469U. 2.-law Number 85-1 are hereby amended by changing the zoning applicable to theparcel of land specified and illustrated as Area 2on Map No.1, in the City of Kitchener, attached hereto, fromMedium Intensity Mixed Use Corridor Zone (MU-2) with Special Regulation Provisions 740R and 741R and Special Use Provision 469U and Holding Provisions 83H and 84H to Medium Intensity Mixed Use Corridor Zone (MU-2) with Special Regulation Provisions 740R and 741R and Special Use Provision 469U. 3.-law Number 85-1 is hereby amended by changing the zoning applicable to the parcel of land specified and illustrated as Area 3on Map No. 1, in the City of Kitchener, attached hereto, fromMedium Intensity Mixed Use Corridor Zone (MU-2) with Special Regulation Provisions 740R and 741R and Special Use Provision 469U and Property Detail 1 and Holding Provisions 83H and 84H to Medium Intensity Mixed Use Corridor Zone (MU-2) with Special Regulation Provisions 740R and 741R and Special Use Provision 469U and Property Detail 1. 1 - 4 Appendix AProposed Zoning By-law 4.-law Number 85-1 are hereby amended by changing the zoning applicable to theparcel of land specified and illustrated as Area 4on Map No.1, in the City of Kitchener, attached hereto, fromMedium Intensity Mixed Use Corridor Zone (MU-2) with Special Regulation Provisions 740Rand 742R and Special Use Provision 469U and Holding Provisions 83H and 84H to Medium Intensity Mixed Use Corridor Zone (MU-2) with Special Regulation Provisions 740R and 742R and Special Use Provision 469U. 5.-law Number 85-1 is hereby amended by changing the zoning applicable to the parcel of land specified and illustrated as Area 5on Map No. 1, in the City of Kitchener, attached hereto, fromMedium Intensity Mixed Use Corridor Zone (MU-2) with Special Regulation Provisions 740R and 742R and Special Use Provision 469U and Property Detail 1 and Holding Provisions 83H and 84H to Medium Intensity Mixed Use Corridor Zone (MU-2) with Special Regulation Provisions 740R and 742R and Special Use Provision 469U and Property Detail 1. PASSED at the Council Chambers in the City of Kitchener this_______________ day of_______________,2020. _____________________________ Mayor _____________________________ Clerk 1 - 5 1 - 6 DSD-20-177 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 1250-1314 Fischer Hallman Road The purpose oftheproposed Zoning By-law Amendment is to remove Holding Provisions83Hand 84Hfrom the above notedproperty, sincethe 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,December 7, 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). Andrew Pinnell,SeniorPlanner -519-741-2200 x 7668(TTY: 1-866-969-9994);andrew.pinnell@kitchener.ca 1 - 7 1 - 8 File:C16-40/20008 October 16,2020 Janine Oosterveld, MCIP, RPP Manager of Site Development& Customer Service City of Kitchener City Hall, P.O. Box 1118 200 King Street West Kitchener, ON N2G 4G7 Dear Ms. Oosterveld: Re:Clearance for Removal of Holding Provision83H Zone Change Application ZBA20/008/F/AP One Properties (WAM Fischer-Hallman GP Inc.) 1250, 1270 and 1314 Fischer-Hallman Road City of Kitchener 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 Holding Provision No. 83H of Appendix F to City Zoning By-law 85-1. The LPAT decision of March 31, 2020 (Case No. PL180832)approved City of Kitchener By-law 2018-096 as it relates to zone change applicationZC 17/003/F/AP. By-law 2018- 096 includesholding provision 83H which requiresthe landowner to complete a noise study to assess the impact of both road traffic and stationary noise sources on sensitive uses proposed on the site. The landowner has submitted a noise studyto the RegionNoise Feasibility Study, Proposed Mixed-Use Development, 1250, 1270, 1314 Fischer-Hallman Road together with email correspondence from Ms. Sheeba Paul, HGC to the Region (Shilling Yip, Principal Planner) dated September 25, 2020 (11:30 a.m.). Staff generally concurswith the conclusions and recommendations noted therein.Implementation of the Study recommendations (by way of registered agreement with the City of Kitchener and the 5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЌЍЋВЎЍЉ tğŭĻ Ћ ƚŅ Ћ 1 - 9 Regional Municipality of Waterloo) has been secured through conditions of provisional consent for applications B2020-001 through B2020-004 with the City. The Region is satisfied that the applicant has met the requirements of holding provision 83Hfor the landsand have no objection to the City of Kitchener lifting holding provision 83Hat this time. Should you have any questions, please do not hesitate to contact Shilling Yip, Principal Planner, at syip@regionofwaterloo.caor (226)753-1064 (mobile). Yours truly, Amanda Kutler, MCIP, RPP Manager, Development Planning cc. Andrew Pinnell,City of Kitchener Matt Campbell,Zelinka Priamo Matthew Colley, Region of Waterloo Jason Wigglesworth, Region of Waterloo 5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЌЍЋБАЉЌ 1 - 10 Date: June 26, 2020 To: Andrew Pinnell, MCIP, RPP, Senior Planner From: Jason Brûlé, C.E.T., Engineering Technologist cc: Linda Cooper, L.E.T., C.E.T., Manager, Development Engineering Subject: Lifting of Holding Provision84H for 1250-1314 Fischer Hallman Road(WAM) Engineering has reviewed the application and supporting documents received June 18, 2020 regardingthe lifting of the Holding Provision on theZBA for the above noted property. With the establishment of the easement in perpetuity,Engineering is nowsatisfied that a legal outlet for this sites stormwater has been sufficiently secured. There are nofurtherconcerns in this regard and Engineering is in supportof lifting Holding Provision 84H. Please let me know if there is anything else you need from us at this time. Sincerely, Jason Brûlé, C.E.T. Engineering Technologist 1 - 11 -HOLDING PROVISIONS FOR SPECIFIC LANDS 83.Notwithstanding Section 54.1 of this By-law, within the lands zoned Medium Intensity Mixed Use Corridor Zone (MU-2) as shown as affected by this subsection on Schedule Numbers 93 and 94 of be permitted until such time as the City of Kitchener is in receipt of a letter from the Regional Municipality of Waterloo, advising noise study, in accordance with Region of Waterloo noise guidelines and the Ministry of the Environment, Conservation and Parks NPC-300 noise guidelines, based on a proposed site plan, to assess impact of road traffic and stationary noise sources, and this Holding Provision has been removed by By-law. (By-law 2018-096, S.16) (LPAT Decision PL180832) (1250, 1270, 1314 Fischer Hallman Road) City of Kitchener Zoning By-law 85-1Office Consolidation: March 31, 2020 1 - 12 -HOLDING PROVISIONS FOR SPECIFIC LANDS 84.Notwithstanding Section 54.1 of this By-law, within the lands zoned Medium Intensity Mixed Use Corridor Zone (MU-2) as shown as affected by this subsection on Schedule Numbers 93 and 94 of uch time as a legal stormwater outlet is obtained to removed by By-law. This outlet shall involve (1) the owner obtaining an easement over adjacent lands via consent under the Planning Act, or (2) an approval under the Drainage Act, or (3) another (By-law 2018-096, S.17) (LPAT Decision PL180832) (1250, 1270, 1314 Fischer Hallman Road) City of Kitchener Zoning By-law 85-1Office Consolidation: March 31, 2020 1 - 13