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HomeMy WebLinkAboutDSD-2023-305 - ZBA23/017/D/CD - Lifting of Holding Provision 95H - 206,210 Duke St E and 46,50 Madison Ave N, Knossos Housing CorporationStaff Report r J R Development Services Department www.kitchener.ca REPORT TO: Planning and Strategic Initiatives Committee DATE OF MEETING: August 14, 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 10 DATE OF REPORT: July 14, 2023 REPORT NO.: DSD -2023-305 SUBJECT: Zoning By-law Amendment Application ZBA23/017/D/CD Lifting of Holding Provision 95H 206, 210 Duke Street East and 46, 50 Madison Avenue North The Knossos Housing Corporation of Waterloo Region RECOMMENDATION: That Zoning By-law Amendment Application ZBA23/017/D/CD for The Knossos Housing Corporation of Waterloo Region for the purpose of removing Holding Provision 95H from the lands specified in the attached Map No.1, in the form shown in the "Proposed By-law" attached to the Report DSD -2023-305 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 95H from 206, 210 Duke Street and 46, 50 AANN.1W7i7_nlaitlCa01ii0 • 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 July 21, 2023. • This report supports the delivery of core services. BACKGROUND: An application by The Knossos Housing Corporation of Waterloo Region (the property owner) to lift Holding Provision 95H from 206, 210 Duke Street and 46, 50 Madison Avenue North has been made to facilitate the development of the property with an 8 storey multiple dwelling having 100 dwelling units, including 40 affordable housing units. This *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 4 of 82 report seeks Council's approval of zoning by-law amendment to remove the Holding Provision from the property. REPORT: On November 6, 2022, Council approved Zoning By-law Amendment Application ZBA22/018/D/CD to change the zoning of the subject lands at 206, 210 Duke Street and 46, 50 Madison Avenue North in Zoning By-law 85-1 to Residential Seven Zone (R-7) with Special Regulation Provision 755R to further regulate parking, permit an increased floor space ratio, building heights, setbacks and with Holding Provision (95H) to require approval of a noise study by the Region of Waterloo. Conditional Approval of the site plan was granted in March 2023, conditional upon the lifting of Holding Provision 95H. In June of 2023, a Zoning By-law Amendment application was filed requesting to lift the Holding Provision. The City is in receipt of correspondence dated June 30, 2023 (Appendix `C') indicating that the Regional Municipality of Waterloo is satisfied that the applicant has met the requirements of 95H related to a noise study and has no objection to the lifting of the Holding Provision as it applies to the development of an 8 storey multiple dwelling development at 206, 210 Duke Street and 46, 50 Madison Avenue North. Based on the above, Planning staff is of the opinion that the requested zoning by-law amendment to remove Holding Provision 95H is appropriate at this time since the requirements to release the holding provision have been met. Planning Staff recommends removing Holding Provision 95H as shown on Map No. 1 contained within Appendix `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 July 21, 2023 (Appendix `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: • DSD -2022-448 • Planning Act, 1990 • Zoning By-law 85-1 Page 5 of 82 REVIEWED BY: Malone -Wright, Tina — Interim Manager of Development Review, Planning Division APPROVED BY: Justin Readman, General Manager Development Services ATTACHMENTS: Appendix A — Proposed By-law with Map No. 1 to amend Zoning By-law 85-1 Appendix B — Newspaper Notice Appendix C — Regional Municipality of Waterloo Approval Letter Appendix D — Holding Provision 95H Page 6 of 82 PROPOSED BY — LAW 2023 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 — The Knossos Housing Corporation of Waterloo Region — 206-210 Duke Street East and 46-50 Madison Avenue North) 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 120 of Appendix "A" to By-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 Seven Zone (R-7) with Special Regulation Provision 755R and Holding Provision 95H to Residential Seven Zone (R-7) with Special Regulation Provision 755R. 2. Appendix "F" to By-law 85-1 is hereby amended by deleting Section 95H. PASSED at the Council Chambers in the City of Kitchener this day of 2023. Mayor Clerk Page 7 of 82 Page 8 of 82 i2 JL q -2 115R 552R, 125U,407U ))10 CR -2 115R, 552R,125U CI 11 D-2 M UW/ \\ 15H MU -2 M - 15H 529 R 544R MU�2 -353 M 544R, 4R u 401U 5448 461U MU -3 719R R-7 \ �MU-3 � R-7 10 54 R 4R MAP NO. 1 0 50 100 THE KNOSSOS HOUSING METRES CORPORATION OF WATERLOO REGION SCALE 1:4,000 206,210 DUKE ST E & 46, 50 MADISON AVE N DATE: JULY 19, 2023 N-2 ZONE GRID REFI U \� SCHEDULE NO. ' 541 j OFAPPENDIX'A' KITCHENER ZON ZONE i ZONING BY-LAW AMENDMENT ZBA; OFFICIAL PLAN AMENDMENT N/A Cit/ of Kitchener DEVELOPMENTSERVICES DEPARTMENT, PLAI` NOTICE OF PUBLIC MEETING for removal of a holding provision 206-210 Duke St. ft 46-50 Madison Ave. N.R ", Community & Infrastructure Services Committee Date: August 14, 2023 gas. Location: Council Chambers, Kitchener City Hall 200 King Street West Zoom Meeting orVirtual To view the staff report, agenda, meeting 0 '."y details& start time of this item �e (to be posted 10 days before meeting), Location Map visit kitchener.ca/meetings ©� To learn more about this project, visit: ©� www.kitchener.ca/ PlanningApplications or contact: Removal of Craig Dumart, Senior Planner Holding Provision 95H craig.dumart@kitchener.ca 519.741.2200 x7073 The City of Kitchenerwill consideran application to amend the Zoning By-lawto lift Holding Provision 95H in Zoning By-law85-1 affecting the subject lands. The requirements for the removal of 95H have been fulfilled with the approval of a Noise Study and approval of Record of Site Condition approved bythe Ministry of the Environment, Conservation and Parks and accepted by the Region of Waterloo. Page 10 of 82 Region of Waterloo Garett Stevenson Interim Director of Planning City of Kitchener City Hall, P.O. Box 1118 200 King Street West Kitchener, ON N2G 4G7 Dear Mr. Stevenson: PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES Community Planning 150 Frederick Street 8th Floor Kitchener Ontario N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4466 www.regionofwaterloo.ca File: C14-60/230017 June 30, 2023 Re: Removal of Holding Provision — 95H Re: ZBA Application ZBA23/0017/D/CD The Knossos Housing Corporation of Waterloo Region 206-210 Duke Street and 46-50 Madison Avenue 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. In 2022, the applicant submitted an Official Plan Amendment and Zoning by-law amendment application to rezone the entirety of the lands to facilitate the construction of an eight (8) storey residential building with structured parking. The Official Plan Amendment and Zoning By-law Amendment were adopted and Zoning By-law Amendment 2022-140 included a Holding Provision 95H. Holding Provision 95H required the submission of a Traffic and Stationary Noise Study both to the satisfaction of the Regional Municipality of Waterloo. The applicant has submitted a request to lift the holding provision for the site. Holding Provision 95H is as follows: Notwithstanding Section 55 of this By-law, within the lands zoned R-7 and shown as being affected by this Subsection on Schedule 120 of Appendix 'A'.- Document A'. Document Number: 4416172 Page 2 of 3 Page 11 of 82 i) No residential use shall be permitted until such time as a Road Traffic, and Stationary noise Study is submitted and approved to the satisfaction of the Regional Commissioner of Planning, Housing and Community Services, if necessary. This Holding Provision shall not be removed until the City of Kitchener is in receipt of a letter from the Regional Commissioner of Planning, Housing and Community Services advising that such noise study or studies has been approved and an agreement, if necessary, has been entered into with the City and/or Region, as necessary, providing for the implementation of any recommended noise mitigation measures. The Region did not require the Transportation Noise study; therefore, this aspect of the holding provision can be released. The Region received a copy of the stationary noise study entitled "Knossos Housing Complex, Kitchener Ontario, Stationary Noise Study" prepared by RWDI, dated June 5, 2023. The study assessed the impacts of on-site noise sources on off-site and on-site sensitive receptors. On-site noise sources assessed within the study include a chiller, two (2) make-up air units and an emergency generator. On-site receptors: Predicted noise levels at all on-site building facades and the ground floor outdoor living area (daytime period) are below or meeting noise level criteria. Predicted daytime noise levels for the emergency generator testing are below noise level criteria at the north, south and west facades. Predicted noise level for the east facade is 70 dBA whereas the criteria is 55 dBA in NPC -300 (an excess of 15 dBA). Off -Site Receptors: With the exception of the emergency generator testing at receptor (R04), the predicted noise levels at all off-site points of reception (at building facade and outdoor living area/OLA) are below noise level criteria for the NPC -300 Class 1 acoustical area and with the exception of receptor R04, predicted daytime noise levels for the emergency generator testing are below noise level criteria at all off-site points of reception (at building facade and OLA). Predicted noise levels for receptor R04 are 61 dBA at the building facade and 63 dBA at the OLA whereas the criteria is 55 dBA in NPC -300 (an excess of 6 dB and 8 dB respectively). Recommended Noise Mitigation: To attenuate the above -noted excesses due to the emergency generator testing, the Study recommends the following (which are considered feasible): 1) That the generator be tested for a maximum of 30 minutes per hour during the daytime period (0700 to 1900 hours); and, 2) That additional mitigation be installed to reduce sound levels of the generator by a total of 15dB. Mitigation may be in the form of a silencer, or improved enclosure, or a combination of both. Implementation The accepted stationary noise study recommends a number of mitigation measures be implemented to ensure that the NPC -300 Noise Level Objectives are achieved, Page 12 of 82 including a silencer and/or enclosure for the emergency generator. Through the current site plan process and / or other Planning Act application, the City of Kitchener will need to ensure that the recommended mitigation measures are implemented in order for the proposed development to comply with the NPC -300 Noise Level Objectives. Further, the Region recommends that prior to site plan approval the City requests certification from a Professional Engineer qualified in acoustics that the recommended mitigation shown on the site plan reflects the report recommendations. Please be advised that should a draft plan of condominium be proposed in the future, the Region will require as a condition of draft approval, certification from a Professional Engineer qualified in acoustics that confirms that the recommended mitigation measures have been installed and that the NPC -300 Noise Level Objectives are met. Based on the above, the Region has no objection to the removal of Holding Provision 95H. Regional staff acknowledge receipt of the Zoning By-law Amendment fee of $3,000.00 (received June 29, 2023). Should you have any questions, please do not hesitate to contact Melissa Mohr, Senior Planner, at mmohr@regionofwaterloo.ca. Yours truly, Amanda Kutler, MCIP, RPP Manager, Community Planning cc. Craig Dumart, Senior Planner, City of Kitchener Kate Wills, MHBC Planning (Applicant) Page 13 of 82 APPENDIX "F" - HOLDING PROVISIONS FOR SPECIFIC LANDS 95. Notwithstanding Section 55 of this Bylaw, within the lands zoned R-7 and shown as being affected by this Subsection on Schedule Number 120 of Appendix "A": i) No residential use shall be permitted until such time as a Road Traffic, and Stationary Noise Study is submitted and approved to the satisfaction of the Regional Commissioner of Planning, Housing and Community Services, if necessary. This Holding Provision shall not be removed until the City of Kitchener is in receipt of a letter from the Regional Commissioner of Planning, Housing and Community Services advising that such noise study or studies has been approved and an agreement, if necessary, has been entered into with the City and/or Region, as necessary, providing for the implementation of any recommended noise mitigation measures. (By-law 2022-140, S.5) (206-210 Duke Street East and 46-50 Madison Avenue North) City of Kitchener Zoning By-law 85-1 Office Consolidation: December 19, 2022 Page 14 of 82