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Home My WebLink AboutDSD-2022-360 - 1388 Highland Road West - Lifting of Holding Provisions Development Services Department www.kitchener.ca REPORT TO: Community and Infrastructure Services Committee DATE OF MEETING: August 8, 2022 SUBMITTED BY: Rosa Bustamante, Director of Planning, 519-741-2200 ext. 7319 PREPARED BY: Natalie Goss, Manager Policy and Research, 519-741-2200 ext. 7648 WARD(S) INVOLVED: Ward 7 DATE OF REPORT: July 20, 2022 REPORT NO.: DSD-2022-360 SUBJECT: 1388 Highland Road West Lifting of Holding Provisions DSD 2022- 360 RECOMMENDATION: That Zoning By-law Amendment application ZBA22/014/H/NG (1388 Highland Road West) by the Regional Municipality of Waterloo requesting to amend Zoning By-law 85-1 to remove Holding Provision 7HSR be approved in the form shown in the Proposed By-law and Map No. 1 attached to Report DSD-2022-360 as Attachment A; and, That Zoning By-law Amendment ZBA22/014/H/NG (1388 Highland Road West) by the Regional Municipality of Waterloo requesting to amend Zoning By-law 2019-051 to remove Holding Provision 27H be approved in the form shown in the Proposed By- law, and Map No. 1 attached to Report DSD-2022-360 as Attachment B; and, That the Proposed By-law to amend Zoning By-law 2019-051, as amended shall have no force and effect against the subject lands until the date that all appeals relating to By-law 2022-040 (Comprehensive Review of the Zoning By-law (CRoZBy) Stage 2b Applying New Residential Zones on Properties) in relation to the subject lands have been withdrawn or decided and any applicable appeal periods have expired; and further, That in accordance with Planning Act Section 45 (1.3 and 1.4) that applications for minor variances shall be permitted for lands subject to Zoning By-law Amendment application ZBA22/014/H/NG. REPORT HIGHLIGHTS: The purpose of this report -law amendments to remove holding provisions 7HSR and 27H from 1388 Highland Road West. The applicant has satisfied the conditions outlined within the holding provisions as There are no financial implications associated with these zoning by-law amendments. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Community engagement included notification of the intent to pass a by-law to remove the holding provisions that was advertised in The Record on July 15, 2022. This report supports the delivery of core services. BACKGROUND: An application by the Regional Municipality of Waterloo (property owner) to lift holding provisions 7HSR and 27H from 1388 Highland Road West has been made to facilitate the future development of the property. zoning by-law amendments to remove the holding provisions from the property. REPORT: In 1994, - development subject to Comprehensive Review of the Zoning By-law (CRoZBy), the property was zoned RES-7 with site specific provision 339 and two holding provisions, 27H and 35H respectively. The RES-7 zoning and 27H represent the same zoning as was put in place on the property in 1994. The additional holding provision (35H) and site-specific provision (339) were added to the property through the CRoZBy 2b stage in March of this year to, among other things, remove the regulation regarding setbacks to adjacent low-rise residential uses and instead require the submission of an urban design brief to be submitted demonstrating an appropriate transition in built-form to adjacent low-rise residentially zoned properties. City Planning staff are in receipt of correspondence dated June 20, 2022 (Attachment D) indicating that the City of has met the requirements of 7HSR/27H and have no objection to the lifting of these holding provisions as it applies to 1388 Highland Road West. Holding provision 35H will remain on the property until such time as an urban design brief has been submitted to the satisfaction of the Director of Planning. Based on the above, Planning staff is of the opinion that the requested zoning by-law amendment to remove holding provisions 7HSR and 27H from 1388 Highland Road West are appropriate at this time since the requirements to release the holding provisions have been met. Planning Staff recommends removing holding provision 7HSR and holding provision 27H from 1388 Highland Road West as shown on Map No. 1 contained within Attachments A and B. STRATEGIC PLAN ALIGNMENT: 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 council / committee meeting. Notice of the intention to pass a By-law to remove the holding provision was placed in the Record on July 15, 2022 (Attachment C). Under the Planning Act no statutory public meeting is required for zoning by-law amendments to remove holding provisions and no neighbourhood circulation is required. PREVIOUS REPORTS/AUTHORITIES: Holding provision 7HSR was approved through Zoning By-law 94-183 and was carried forward as holding provision 7H through the Comprehensive Zoning By-law Review (CRoZBy) process into Zoning By-law 2019- in March 2022. Planning Act, 1990 Zoning By-law 85-1 Zoning By-law 2019-051 REVIEWED BY: Garett Stevenson, Manager, Development Review APPROVED BY: Justin Readman, General Manager Development Services ATTACHMENTS: Attachment A Proposed Zoning By-law to amend By-law 85-1 and Map No. 1 Attachment B Proposed Zoning By-law to amend By-law 2019-051 and Map No. 1 Attachment C Newspaper Notice Attachment D City of Kitchener Director of Engineering Approval Letter Attachment E Holding Provisions 7HSR and 27H DSD-2022-360 Attachment A PROPOSED BY LAW July 20, 2022 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 Regional Municipality of Waterloo 1388 Highland Road West) WHEREAS it is deemed expedient to amend By-law 85-1 for the lands specified above; NOW THEREFORE the Council of the Corporation of the City of Kitchener enacts as follows: 1. Schedule Number 11 o-law Number 85-1 is hereby amended by changing the zoning applicable to the parcel of land specified and illustrated as Area 1 on Map No. 1, in the City of Kitchener, attached hereto, from Residential Nine Zone (R-9) with Holding Provision 7HSR to Residential Nine Zone (R-9). PASSED at the Council Chambers in the City of Kitchener this_______________ day of _______________, 2022. _____________________________ Mayor _____________________________ Clerk DSD-2022-360 Attachment B PROPOSED BY LAW , 2022 BY-LAW NUMBER ___ OF THE CORPORATION OF THE CITY OF KITCHENER (Being a by-law to amend By-law 2019-051, as amended, known as the Zoning By-law for the City of Kitchener Regional Municipality of Waterloo 1388 Highland Road West) WHEREAS it is deemed expedient to amend By-law 2019-051 for the lands specified above; NOW THEREFORE the Council of the Corporation of the City of Kitchener enacts as follows: 1. Schedule Number 11 o-law Number 85-1 is hereby amended by changing the zoning applicable to the parcel of land specified and illustrated as Area 1 on Map No. 1, in the City of Kitchener, attached hereto, from High Rise Residential Seven Zone (RES-7) with Site Specific Provision (339) and Holding Provisions (35H) and (27H) in Zoning By- law 2019-051 to High Rise Residential Seven Zone (RES-7) with Site Specific Provision (339) and Holding Provision (35H). 2. This amending By-law shall come into force on the day that By-law 2022-040 (Comprehensive Review of the Zoning By-law (CRoZBy) Stage 2b Applying New Residential Zones on Properties) as it applies to the subject lands comes into effect. PASSED at the Council Chambers in the City of Kitchener this_______________ day of _______________, 2022. _____________________________ Mayor _____________________________ Clerk 02 ELUDEHCS12 ELUDEHCS 11ELUDEHCS01ELUDEHCS 5 R8 9- 64 1 9 53 9- R8 5 02 ELUDEHCS12 ELUDEHCS 11 ELUDEHCS01 ELUDEHCS DSD-2022-360 Attachment C DSD-2022-360 Attachment DSD-2022-360 Attachment E Zoning By-law 85-1 Holding Provision 7HSR R-9 \[K (F)(R)\] Notwithstanding Section 43.1 of this By-law, within the lands zoned R-9 on Schedule 11 of Appendix "A", and described as Part Lot 35, German Company Tract, the holding provisions represented by the letter symbols K (F)(R), as established in Section 3.5.7, shall apply to all uses except those existing on October 11, 1994. (By-law 94-183, S.45) Zoning By-law 2019-051 Holding Provision 27H (27H) Within the lands zoned RES-7 and shown as affected by this provision on Zoning Grid Schedule 11 of Appendix A, no development on the lands shall occur until er is required from the City of Kitchener's Director of Engineering advising the City's Director of Planning that adequate City services and/or roadworks are "available" or that "acceptable arrangements" have been made therefor, and this holding provision has been removed by by-law.