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HomeMy WebLinkAboutDSD-2023-114 - ZBA 23-004-S-CD - 2155 Strasburg RdStaff Report r NJ :R Development Services Department www.kitchener.ca REPORT TO: Community and Infrastructure Services Committee DATE OF MEETING: April 24, 2023 SUBMITTED BY: Garett Stevenson, Interim Director of Planning, 519-741-2200 ext. 7070 PREPARED BY: Craig Dumart, Senior Planner, 519-741-2200 ext. 7073 WARD(S) INVOLVED: Ward 4 DATE OF REPORT: March 24, 2023 REPORT NO.: DSD -2023-114 SUBJECT: Zoning By-law Amendment Application ZBA23/004/S/CD Lifting of Holding Provision 2155 Strasburg Road Huron Creek Holdings Corp RECOMMENDATION: That Zoning By-law Amendment Application ZBA23/004/S/CD for Huron Creek Holdings Corp for the purpose of removing Holding Provision 29H from the lands specified in the attached Map No.1, in the form shown in the "Proposed By-law" attached to the Report DSD -2023-114 as Appendix A, be approved. REPORT HIGHLIGHTS: • The purpose of this report is to seek Council's approval of a zoning by-law amendment to remove Holding Provision 29H from 2155 Strasburg Road. • The applicant has satisfied the conditions outlined within the holding provision as confirmed by the Regional Municipality of Waterloo. • There are no financial implications associated with the zoning by-law amendment. • Community engagement included notification of the intent to pass a by-law to remove the Holding Provision that was advertised in The Record on March 31, 2023. • This report supports the delivery of core services. BACKGROUND: An application by Huron Creek Holdings Corp (property owner) to lift Holding Provision 29H from 2155 Strasburg Road has been made to facilitate the development of the property with a stacked townhouse multiple dwelling development containing 196 residential units. This report seeks Council's approval of zoning by-law amendment to remove the Holding Provision from the property. REPORT: In November 2022, a Site Plan Application (SP22/151/S/CD) was submitted for the development of a 196 residential unit stacked townhouse development. Approval in Principle of the site plan was granted in December 2022, conditional upon the lifting of Holding Provision 29H. Holding Provision 29H prohibits residential uses until such time as the City is in receipt of a letter from the Region of *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 3 of 191 Waterloo, advising that the Region's requirements have been satisfied with respect to the submission of a detailed noise impact assessment for traffic noise. In March of 2023, a Zoning By-law Amendment Application was submitted requesting to lift the Holding Provision. The City is in receipt of correspondence dated March 22, 2023 (Attachment C) indicating that the Regional Municipality of Waterloo is satisfied that the applicant has met the requirements of 29H related to road traffic noise and has no objection to the lifting of the Holding Provision as it applies to the development of a 196 residential unit stacked townhouse development proposed for 2155 Strasburg Road. Based on the above, Planning staff is of the opinion that the requested zoning by-law amendment to remove Holding Provision 29H is appropriate at this time since the requirements to release the holding provision have been met. Planning Staff recommends removing Holding Provision 29H as shown on Map No. 1 contained within Attachment `A'. 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 — This report has been posted to the City's website with the agenda in advance of the council / committee meeting. Notice of the intention to pass a By-law to remove the Holding Provision was placed in the Record on March 31, 2023 (Attachment B). Under the Planning Act a statutory public meeting is not required for zoning by-law amendments to remove holding provisions and a neighbourhood circulation is not required. PREVIOUS REPORTS/AUTHORITIES: • Planning Act, 1990 • Zoning By-law 2019-051 REVIEWED BY: Malone -Wright, Tina— Interim Manager of Development Review, Planning Division APPROVED BY: Justin Readman, General Manager Development Services ATTACHMENTS: Attachment A — Proposed Zoning By-law to amend By-law 2019-051 and Map No. 1 Attachment B — Newspaper Notice Attachment C — Regional Municipality of Waterloo Approval Letter Attachment D — Holding Provision 29H Page 4 of 191 PROPOSED BY — LAW 2023 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 — Huron Creek Holdings Corp — 2155 Strasburg Road) 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 Numbers 153, 154, 163 and 164 of Appendix "A" to By-law 2019-051 are 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 Low Rise Residential Five Zone (RES -5) with Site Specific Provision (260) and Holding Provision (29H) to Low Rise Residential Five Zone (RES -5) with Site Specific Provision (260). 2. Section 20 to By-law 2019-051 is hereby amended by deleting (29H). PASSED at the Council Chambers in the City of Kitchener this day of 2023. Mayor Clerk Page 5 of 191 �Z Q o a W W Z LLI Z W °) o' Z � O LU (n z O Z z O � C) �x NN W z Q Z z0wNO p LLoE O > N W N co Z m LL) (o op N Of UN O O x W Q p a M7 N Y U) U W N Z x 0> p — co N G J Z .-. 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The requirements for the removal of 29H have been fulfilled with the approval of a detailed Noise Impact Assessment for traffic noise by the Region of Waterloo. Page 7 of 191 �U Region of Waterloo PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES Community Planning 150 Frederick Street 8th Floor Kitchener Ontario N2G U Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4466 www.regionofwaterloo.ca File: C14/60/2/23002 March 22, 2023 Craig Dumart, MCIP, RPP Senior Planner City of Kitchener City Hall, P.O. Box 1118 200 King St. West Kitchener, ON N2G 4G7 Dear Mr. Dumart: Re: Holding Provision Clearance ZBA 23/002/S/CD Huron Creek Holdings Corp. 2155 Strasburg 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. The applicant has requested Holding Provision (29) on the above -noted property be lifted at this time. The provision reads, "Within the lands zoned RES -5, OSR-2 and NHC-1 and shown as affected by this subsection on Zoning Grid Schedules 153, 154, 163 and 164 of Appendix A, no residential uses or private day care facility shall be permitted until such time as the City is in receipt of a letter from the Region, advising that the Region's requirements have been satisfied with respect to the submission of a detailed noise impact assessment for traffic noise, based on the proposed site plan, to address compatibility; and this holding provision has been removed by By-law." The Region has reviewed the road traffic noise study entitled, "Strasburg Road Stacked Townhouse Development Kitchener Ontario Environmental Noise Assessment" (MTE Consultants, August 17, 2022). Staff accepted the report in a letter dated November 1, Document Number: 4340403 Version: 1 Page 8 of 191 2022. Please be advised the City of Kitchener is responsible for ensuring implementation of the mitigation measures recommended in the Study. As such, there are no outstanding Regional requirements to be addressed prior to City of Kitchener Council lifting the holding provision applicable to this development. Should you have any questions, please do not hesitate to contact Shilling Yip, Senior Planner at SVip _regionofwaterloo.ca or (226) 753-1064 (cell). Yours truly, Amanda Kutler, MCIP, RPP Manager, Community Planning Document Number: 4340403 Version: 1 Page 9 of 191 SECTION 20 — Holding Provisions (29H) (29H) — Within the lands zoned RES -5, OSR-2 and NHC-1 and shown as affected by this subsection on Zoning Grid Schedules 153, 154, 163 and 164 of Appendix A, no residential uses or private day care facility shall be permitted until such time as the City is in receipt of a letter from the Region, advising that the Region's requirements have been satisfied with respect to the submission of a detailed noise impact assessment for traffic noise, based on the proposed site plan, to address compatibility; and this holding provision has been removed by By-law. City of Kitchener Zoning By-law 2019-051 Page 10 of 191