The URL can be used to link to this page

Home My WebLink AboutDSD-2021-008 - Zoning By-law Amendment Application ZBA19/001/B/GS - 155 & 169 Borden Avenue NorthREPORT TO:Council DATE OF MEETING:January 25, 2021 SUBMITTED BY:Bustamante, Rosa, Director of Planning, 519-741-2200 ext. 7319 PREPARED BY:Stevenson, Garett, Senior Planner, 519-741-2200 ext. 7070 WARD(S) INVOLVED:Ward10 DATE OF REPORT:January11, 2021 REPORT NO.:DSD-21-008 SUBJECT:Zoning By-law Amendment Application ZBA19/001/B/GS 169 Borden Inc. 155 & 169 BordenAvenue North RECOMMENDATION: That Zoning By-law Amendment Application ZBA19/001/B/GS for 169 Borden Inc. requesting a change from Residential Six (R-6) and Neighbourhood Institutional (INS- 1)to Residential Eight with Special Regulation Provision 753R for the parcels of land specifiedand illustrated on Map No. 1, be approved in the form shown in the -December 5, 2020, attached to Report DSD-21-008as That in accordance with Planning Act Section 45 (1.3 & 1.4) applications for minor variances shall be permitted for lands subject to Zoning By-law Amendment Application ZBA19/001/B/GS. REPORT HIGHLIGHTS: The purpose of this report is for Council to give three readings to the proposed site- specific Zoning By-law Amendment for 155-169 Borden Avenue North. Council resolved on February 24, 2020 that the attached by-law receive three readings once Zoning By- law 2019-51 (CRoZBy Stage 1) is deemed to be in effect, either in whole or in part. Community engagement included a circulation letter in May 2019, a Neighbourhood Information Meeting on June 11, 2019, a Planning and Strategic Initiatives Meeting on January 13, 2020, and a Council meeting on February 24, 2020. This report supports the delivery of core services. BACKGROUND: Planning staff presented Staff Report DSD-20-001 at the Planning and Strategic Initiatives Committee meeting on January 13, 2020 for Official Plan Amendment (OPA) Application *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. 4 - 1 OP19/001/B/GS and Zoning By-law Amendment (ZBA) Application ZBA19/001/B/GS. Kitchener City Council endorsed the OPA on February 24, 2020 and resolved that the amending zoning by-law receive three readings once Zoning By-law 2019-51 (CRoZBy Stage 1) is deemed to be in effect, either in whole or in part. On December 4, 2020, the Local Planning Appeal Tribunal (LPAT) scoped the appeal on Zoning By-law 2019-51 (CRoZBy Stage 1) to one specific property, therefore bringing the balance of the by-law into effect. As such, the attached site-specific zoning by-law may proceed for three readings. The Region of Waterloo approved the site specific OPA Number 9 on November 18, 2020. No appeals were received. REPORT: The attached zoning by-law amendment would change the zoning of 155 Borden Avenue North from Residential Five (R-6) to Residential Eight with Special Regulation Provision 753R in Zoning By-law 85-1. The zoning by-law amendment would also remove lands addressed as 169 Borden Avenue North from Zoning By-law 2019-051 and add the lands back into Zoning By-law 85-1. The zoning of the lands would change from Neighbourhood Institutional (INS-1) to Residential Eight with Special Regulation Provision 753R. Through the site planning process, the Owner requested a revision to the site-specific by- law that was endorsed by Kitchener City Council on February 24, 2020. The rear portion of the building was shifted when the site was redesigned to accommodate a surface parking at the same elevation as the basement at the rear of the property. The redesign of the rear portion of the site eliminates the need for a large retaining wall. The rear five storey portion of the building is now approximately 2.0 metres closer to north/side property line. Paragraph d.of the proposed by-law now requires a minimum yard abutting the properties municipally addressed as 441, 449, 455, and 459 East Avenue of 14.5 metres. The previous by-law required a 16.5 metre setback. The setback of 14.5 metres is sufficient and only applies to the rear portion of the building. The taller six storey portion of the building is still required to be 28.0 metres from the property line shared with the East Avenue properties. Overall, the changes eliminate the need for large retaining walls in the rear at the property line. The parking areas will be appropriately screened from adjacent properties with fencing and landscaping. By removing large portions of the previously proposed retaining wall along the property line, in addition to the visual barrier (solid wood fence) along the shared property line, additional landscaping can be provided to buffer the parking areas. Planning staff support the revised setback, and the Site Plan Review Committee gave Approval in Principle to the site plan attached as Appendix The by-law changes are noted on the site plan for reference. Secondly, language is corrected to require a setback from the Borden Avenue North streetline of 10.0 metres for any portion of a building greater than five storeys in height, rather than four storeys. There was a typographic error in the previous by-law the setbacks along Borden Avenue North have not changed, and the tallest portion of the building requires 4 - 2 a 10 metre setback, whereas the four and five storeys portions are now subject to the same 6.0 metre setback (paragraph I in the attached by-law). The revised by-law does not allow for any addition in height to the building, and the building design along Borden Avenue North has not changed. STRATEGIC PLANALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget The recommendation has no impact on the Capital Budget. Operating Budget The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM The Official Plan amendment and Zoning By-law Amendment were circulated for comment to internal departments, external agencies, and all property owners within 120 metres of the subject lands on May 13, 2019. A list of interested residents was updated throughout the application process. A notice sign was posted on the property. Written Staff Report DSD-20-o comments. A letter advising of the January 13, 2020 Planning and Strategic Initiatives Committee Meeting (Statutory Public Meeting) was sent everyone who participated in the process and all property owners within 120 metres of the subject lands. Notice of the Statutory Public Meeting was published in The Record on December 6, 2019. Council meeting. A letter was sent to everyone who participated in the process and all property owners within 120 metres of the subject lands letter advising of the three readings of the by-law at the January 25, 2021 Council meeting. CONSULT A Neighbourhood Information Meeting was held on June 11, 2019. PREVIOUS REPORTS/AUTHORITIES: Staff Report DSD-20-001, presented to the Planning Strategic Initiatives Committee on January 13, 2020 Municipal Act, 2001 Planning Act Ontario Regulation 545/06 - Zoning By-Laws, Holding By-Laws and Interim Control By-Laws APPROVEDBY: Justin Readman, General Manager of Development Services ATTACHMENTS:AA Proposed By-law and Map No. 1 AB Redlined Site Plan 4 - 3 DSD-21-008 -A PROPOSED BY LAW December 5, 2020 BY-LAW NUMBER ___ OF THE CORPORATION OF THE CITY OF KITCHENER (Being a by-law to amend By-law 85-1 and 2019-051, as amended, known as the Zoning By-law for the City of Kitchener -169 Borden Inc.) WHEREAS it is deemed expedient to amend By-law 85-1 and 2019-051 for the lands specified above; NOW THEREFORE the Council of the Corporation of the City of Kitchener enacts as follows: 1.-law Number 2019-051 is hereby amended by removing therefrom the lands specified and illustrated as Area 1 on Map No. 1 attached hereto shown as Neighbourhood Institutional Zone (INS-1). 2.Schedule Number 142 of Appe-law Number 85-1 is hereby amended by adding thereto the lands specified and illustrated as Area 1 on Map No. 1 attached hereto, and by zoning the Area 1 lands thereafter as Residential Eight Zone (R-8) with Special Regulation Provision 753R. 3.-law Number 85-1 is hereby amended by changing the zoning applicable to the parcel of land specified and illustrated as Area 2 on Map No. 1, in the City of Kitchener, attached hereto, from Residential Six Zone (R-6) to Residential Eight Zone (R-8) with Special Regulation Provision 753R. 4.-law Number 85-1 is hereby further amended by incorporating additional zone boundaries as shown on Map No. 1 attached hereto. 5.-law 85-1 is hereby amended by adding Section 753 thereto as follows: 753. Notwithstanding Sections 6.1.2a), and 42.2.5 of this By-law, within the lands zoned Residential Eight Zone (R-8) with Special Regulation Provision 753R, shown as 4 - 4 DSD-21-008 -A affected by this subsection, on Schedule 178 of A, a multiple dwelling shall be permitted in accordance with the following: a.That the maximum building height shall be 6 storeys and 19.0 metres. b.The minimum yard abutting the properties municipally addressed as 181 Borden Avenue North and 435 East Avenue, shall be 8.5 metres. c.That the minimum setback from the properties municipally addressed as 181 Borden Avenue North and 435 East Avenue shall be 28.0 metres for any portion of a building greater than four storeys. d.That the minimum yard abutting the properties municipally addressed as 441, 449, 455, and 459 East Avenue shall be 14.5 metres. e.That the minimum setback from the properties municipally addressed as 441, 449, 455, and 459 East Avenue shall be 28.0 metres for any portion of a building greater than five storeys. f.That the minimum yard abutting the property municipally addressed as 141- 149 Borden Avenue North shall be 1.5 metres. g.That the minimum setback from the property municipally addressed as 141- 149 Borden Avenue North shall be 21.0 metres for any portion of a building greater than five storeys. h.That the minimum yard abutting the Borden Avenue North streetline shall be 6.0 metres. i.That the minimum setback from the Borden Avenue North streetline shall be 10.0 metres for any portion of a building greater than five storeys. j.A minimum of 1.0 bicycle stall, which is either in a building or structure or within a secure area such as a supervised parking lot or enclosure with a secure entrance or within a bicycle locker, per dwelling unit shall be provided. k.A minimum of 6 bicycle stalls, which are located in accessible and highly visible locations near the entrance of a building and are accessible to the general public, shall be provided. l.The off-street parking rate shall be 0.85 spaces per unit, inclusive of 0.1 visitor parking spaces per unit. m.That one off-street visitor car share space be provided per lot. n.That the minimum setback for surface parking shall be 2.3 metres from properties municipally addressed as 181 Borden Avenue North and 435, 441, 449, 455, and 459 East Avenue. 4 - 5 DSD-21-008 -A PASSED at the Council Chambers in the City of Kitchener this ______day of ___________, 2021 _____________________________ Mayor _____________________________ Clerk 4 - 6 ETE.32.119!.!Bqqfoejy!“B” SCHEDULE 175SCHEDULE 174 SCHEDULE 142SCHEDULE 143 4 - 7 ETE.32.119!.!Bqqfoejy!“C” Efdfncfs!6-!3131!Sfemjof Njojnvn!25/6n!tfucbdljo!uijt!mpdbujpo Njojnvn!7/1n!tfucbdlgspn!Cpsefo!Bwf/!O/ 4 - 8