HomeMy WebLinkAboutDSD-2023-114 - ZBA 23-004-S-CD - 2155 Strasburg RdStaff Report
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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
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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
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NOTICE OF PUBLIC MEETING
for removal of a holding provision
2155 Strasburg Road
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Location Map
Lifting of Holding Provision 29H
F
Community & Infrastructure
Services Committee
Date: April 24, 2023
Location: Council Chambers,
Kitchener City Hall
200 King Street West
rVirtual Zoom Meeting
To view the staff report, agenda
and find meeting details, visit:
kitchenenca/meetings
To learn more about this project, visit:
www.kitchenenca/
Pla n n i ngAppl ications
or contact:
Craig Dumart, Senior Planner
519.741.2200 x 7073
craig.dumart@ kitchener.ca
The City of Kitchener will consider an application to amend Zoning By-law
2019-051 to lift Holding Provision 29H affecting the subject lands. 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