HomeMy WebLinkAboutDSD-2023-330 - ZBA22/020/H/TS - LIfing of Holding Provision 15H - 495 Huron Rd, Activa Holdings Inc.Staff Report
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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: Tim Seyler, Senior Planner, 519-741-2200 ext. 7860
WARD(S) INVOLVED: Ward 5
DATE OF REPORT: July 18, 2023
REPORT NO.: DSD -2023-330
SUBJECT: Zoning By-law Amendment Application ZBA22/020/H/TS
Lifting of Holding Provision 15H
495 Huron Road
Activa Holdings Inc.
RECOMMENDATION:
That Zoning By-law Amendment Application ZBA22/020/H/TS for Activa Holdings
Inc. for the purpose of removing Holding Provision 15H from the lands specified in
the attached Map No.1, in the form shown in the "Proposed By-law" attached to the
Report DSD -2023-330 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 15H from 495 Huron 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 July 28, 2023.
• This report supports the delivery of core services.
BACKGROUND:
An application by Activa Holdings Inc.(property owner) to lift Holding Provision 15H from
495 Huron Road has been made to facilitate the development of the property with a
multiple dwelling development containing 148 residential units. This report seeks Council's
approval of zoning by-law amendment to remove the Holding Provision from the property.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Page 15 of 82
REPORT:
In March 2022, a Site Plan Application (SP22/128/H/TS) was submitted for the
development of a 148 residential unit multiple dwelling. Conditional Approval of the site
plan was granted in March 2023, conditional upon the lifting of Holding Provision 15H,
among other conditions. Holding Provision 15H prohibits residential uses until such time
as the City is in receipt of a letter from the Region of Waterloo, advising that the Region's
requirements have been satisfied with respect to a land use compatibility study and a road
traffic noise study.
In June of 2022, a Zoning By-law Amendment Application was submitted requesting to lift
the Holding Provision. Staff advised that the application should be brough forward after
conditional approval was given. In March 2023, site plan conditional approval was granted.
The City is in receipt of correspondence dated July 19, 2023 (Appendix `C') indicating that
the Regional Municipality of Waterloo is satisfied that the applicant has met the
requirements of 15H related to the land use compatibility study and road traffic noise study
and has no objection to the lifting of the Holding Provision as it applies to the development
of a 148 residential unit multiple dwelling proposed for 495 Huron Road.
Based on the above, Planning staff is of the opinion that the requested zoning by-law
amendment to remove Holding Provision 15H is appropriate at this time since the
requirements to release the holding provision have been met. Planning Staff recommends
removing Holding Provision 15H 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 28, 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:
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
Page 16 of 82
ATTACHMENTS:
Appendix A — Proposed By-law with Map No. 1
Appendix B — Newspaper Notice
Appendix C — Regional Municipality of Waterloc
Appendix D — Holding Provision 15H
to amend Zoning By-law 2019-051
Clearances
Page 17 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 2019-051, as amended
known as the Zoning By-law for the City of Kitchener
— Activa Holdings Inc — 495 Huron 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. Zoning Grid Schedule Number 152 of Appendix "A" to By-law 2019-051 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 Mixed Use Three
Zone (MIX -3) with Site Specific Provision (122) and Holding Provision 15H to Mixed Use
Three Zone (MIX -3) with Site Specific Provision (122).
2. Section 20 to By-law 2019-051 is hereby amended by deleting (15H).
2023.
PASSED at the Council Chambers in the City of Kitchener this day of ,
Mayor
Clerk
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DATE: NOVEMBER 10, 2022
ZONING BY-LAW AMENDMENT ZBA;
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ACTIVA HOLDINGS INC
495 HURON RD
0 50 100
METRES
SCALE 1:4,000
DATE: NOVEMBER 10, 2022
ZONING BY-LAW AMENDMENT ZBA;
OFFICIAL PLAN AMENDMENT N/A
City of Kitchener
DEVELOPME T SERVICES DEPARTMENT, PLA
NOTICE OF PUBLIC MEETING
for removal of a holding provision
495 Huron Road
SUBJECT EA
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Location Map
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Removal of
Holding Provision 15H
KiT �i:I�
Community & Infrastructure
Services Committee
Date: August 14, 2023
Location: Council Chambers,
Kitchener City Hall
200 King Street West
orVirtual Zoom Meeting
To view the staff report, agenda, meeting
details & start time of this item
(to be posted 10 days before meeting),
visit kitchener.ca/meetings
To learn more about this project, visit:
www.kitchener.ca/
PlanningApplications
or contact:
Tim Seyler, Senior Planner
ti m.seyler@ kitchener.ca
519.741.2200 x7860
The City of Kitchener will consider an application for a Zoning By-law
Amendment to lift Holding Provision 15H in Zoning By-law 2019-051 affecting
the subject lands. The requirements for the removal of 15H have been fulfilled
with the approval of a detailed noise impact assessment for traffic noise, and a
land use compatibility study.
Page 20 of 82
Region of Waterloo
Tim Seyler
Planner
City of Kitchener
City Hall, P.O. Box 1118
200 King Street West
Kitchener, ON N2G 4G7
Dear Mr. Seyler:
Re: Removal of Holding Provision —15H
Activa Holdings
495 Huron Road
Citv of Kitchener
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/
July 19, 2023
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 submitted a request to lift the holding provision for the site. Holding
Provision 15H is as follows:
Within the lands zoned MIX -3 and shown as affected by this provision on Zoning Grid
Schedule 152 of Appendix A, residential uses, place of worship, day care facility, adult
education school, commercial school, post -secondary school, or secondary school shall
not be permitted until such time as:
a) A Land Use Compatibility Study addressing the compatibility with the lands in the
vicinity zoned EMP -4, has been prepared to the satisfaction of the Region, and
has been approved by the Region; and,
b) A Road Traffic Noise Study has been prepared to the satisfaction of the Region,
and has been approved by the Region; and,
c) The holding provision affecting these lands has been removed by By-law.
Document Number: 4435742 Version: 1
Page 2 of 2
Page 21 of 82
In addressing (a) and (b) above, the applicant submitted a noise study entitled,
"Proposed Activa Huron (132 Lands) Development -Huron Road & Strasburg Road
Kitchener Ontario -Noise Impact Study, Final Report" (Stantec, June 22, 2022), which
assessed both road traffic and stationary noise sources. Regional staff reviewed and
accepted this report in a letter dated January 19, 2023 (letter attached for your
reference).
With respect to land use compatibility, staff notes stationary noise was the only issue to
be addressed.
The development will require various noise control measures, including design of the
building/units with the provision of air conditioning; and noise warning clauses for all
residential units proposed in order to achieve the noise level objectives of NPC -300.
ImDlementation
The accepted study recommends are to be implemented through a registered
agreement with the City of Kitchener, to be secured through future Planning Act
application(s). Staff understands the applicant has recently submitted a consent
application to sever the lands, in which case the agreement can be secured through this
process.
Based on the above, the Region has no objection to the removal of Holding Provision
15H at this time.
Regional staff acknowledge arrangement has been made, acceptable to Regional staff,
for the required Zoning By-law Amendment fee of $3,000.00.
Should you have any questions, please do not hesitate to contact Shilling Yip, Senior
Planner, at syip@regionofwaterloo.ca.
Yours truly,
Brenna MacKinnon, MCIP, RPP
Manager, Development Planning
cc. Tim Seyler, City of Kitchener
Rachel Wolff, MHBC Planning
Page 22 of 82
Region of Waterloo
January 19, 2023
Frank Babic P. Eng.
C/O Stantec Consulting Limited
400-2100 Derry Road West
Mississauga, ON L5N 0133
Dear Engineer:
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
150 Frederick Street, 8th Floor
Kitchener ON N2G 4A Canada
Telephone: 519-575-4400
TTY: 519-575-4608
Fax: 519-575-4449
www. reg i o n ofwate r l o o. ca
File No.: D22-20/04 URBAN
495 Huron Road
Activa Huron B2 Lands
Re: Noise Study Acceptance Letter: 495 Huron Road SP 22 128 H TS (Activa
Huron B2 Lands), Kitchener, Ontario,
Regional staff have reviewed the detailed noise study entitled "Proposed Activa Huron
(132 Lands) Development -Huron Road & Strasburg Road Kitchener Ontario -Noise
Impact Study FINAL REPORT" dated June 22, 2022, as prepared by Stantec
(DOCS ADMIN -#42320323).
The current Holding Provision 15H on the subject lands requires a Stationary Noise
Study to be completed. This report has been prepared to support the Site Plan
application SP 22/128/H/TS for the proposed residential development. This report has
assessed the transportation noise from Huron Road and stationary noise from the
nearby industrial and commercial land uses.
The report concluded that various noise control measures, i.e. provision of air
conditioning, installation of central air conditioning, special building components and
various noise warning clauses, will be required for the transportation noise from Huron
Road.
The above noise study has been prepared to assess the noise attenuation measures
required to address transportation noise from Huron Road (a municipal street). No other
transportation noise (road/railway/air traffic) sources have been identified which would
have any impacts on the proposed noise -sensitive development.
The Region of Waterloo provided the 2020 Annual Average Daily Traffic (AADT) and a
forecasted 2030 AADT count for Huron Road, as used in the report.
Transportation Noise:
It is determined that the proposed development would require various noise control
measures, such as designing the building/units with the provision of air conditioning;
and the noise warning clauses for all residential units proposed in the development.
Document Number: 4232510
Page 23 of 82
All common amenity areas (OLAs) located west of the proposed building are assessed
in the report, and it is concluded that a noise warning clause type A will be required for
all the dwelling units as an attenuation measure.
The study has recommended that the acoustic assessment should be updated
and the STC rating values should be reviewed once the final design and
architectural drawings are available.
Stationary Noise:
Staff has reviewed the stationary noise component of the report. The lands are being
developed as a mixed-use site containing a residential component and a commercial
component.
The study identified a number of off-site stationary noise sources, including rooftop
HVAC equipment, rooftop exhaust stacks and fans, noise from truck movements at
Weber Supply, and freight & towing trucks from Becker Bros. Towing. The modelled
results indicate that predicted noise levels at residential points of reception on the
subject property are below the MECP NPC -300 guideline noise level criteria for the
daytime, evening and nighttime periods for a Class 2 acoustical environment. The
study assumed the daytime results are also representative of the evening hours. The
modelled results are shown in Figures 4 and 5 in Appendix A for the daytime and
nighttime periods, respectively. The off-site assessment results are acceptable to staff
Regarding the impact of on-site stationary noise sources on the residential component
of this site, the study anticipates that on-site noise sources will have an insignificant
impact on sensitive receptors. It notes if large outdoor mechanical equipment such as
rooftop chillers or air makeup units are required, an additional noise assessment will be
required. It also notes in Section 7.3 Noise Control Requirements for On-site Stationary
Noise Sources (p. 13), that detailed design of the mechanical equipment for the self -
storage and Activa design studio has not yet been determined and that any outdoor
mechanical equipment such as rooftop chillers or air makeup units to service the
commercial buildings be designed to have a noise impact of less that 35 dBA at on-site
residential points of reception. City staff should ensure this requirement is addressed at
building design.
Although the study concludes in Section 8.3 Stationary Noise Impact (p. 14) that
no mitigation or warning clauses are required, Region staff recommends the
inclusion of a warning clause for the residential component of the development, to
advise residents of potential noise concerns due to surrounding commercial uses. Such
warning clause to be secured in an agreement with the City of Kitchener (where
possible under the Planning Act), and that it be included in all offer to purchase and/or
rental agreements. The proposed wording is as follows:
2
Page 24 of 82
"Purchasers/tenants are advised that due to the proximity of the adjacent commercial
facilities, noise from these facilities may at times be audible".
The City of Kitchener must ensure that the subject development is constructed as
per recommendations of the noise study so that no retrofit is required at a later
application stage, e.g. Consent / Plan of Condominium stage.
The study is acceptable with the below -mentioned conditions to be secured
through a registered agreement with the City and be implemented at future
Consent and Plan of Condominium application(s), as may be required for the
subject development:
A) The developer agrees to implement the recommendations of the report "Proposed
Activa Huron (132 Lands) Development -Huron Road & Strasburg Road Kitchener
Ontario -Noise Impact Study FINAL REPORT" dated June 22, 2022, as prepared by
Stantec Consulting Limited further agrees that:
Proposed Building (ALL DWELLING UNITS):
(1) East and West Facades:
I. The dwelling/building will be installed forced air -ducted heating and ventilation
system suitable sized and designed for the provision of installation of central air
conditioning at the occupant's discretion.
II. The following Noise Warning Clauses will be required to be included on all offers
of purchase, deeds and rental agreements for the building:
NOISE WARNING TYPE C:
"This dwelling unit has been designed with the provision for adding
central air conditioning at the occupant's discretion. Installation of central
air conditioning by the occupant in low and medium density developments
will allow windows and exterior doors to remain closed, thereby ensuring
that the indoor sound levels are within the sound level limits of the Region
of Waterloo and the Ministry of the Environment, Conservation and Parks."
(2) South Facade:
The dwelling/building will be installed forced air -ducted heating and
ventilation system suitable sized, designed and installed with a central air
conditioning system prior to occupancy.
3
Page 25 of 82
II. The building/units will be designed and installed with special building
components with a minimum STC Rating of 29.
III. The following Noise Warning Clauses will be required to be included on all
offers of purchase, deeds and rental agreements for the building:
NOISE WARNING TYPE D:
"This dwelling unit has been supplied with a central air conditioning
system which will allow windows and exterior doors to remain closed,
thereby ensuring that the indoor sound levels are within the .sound level
limits of the Region of Waterloo and the Ministry of the Environment,
Conservation and Parks."
(3) North and East Fagade:
The following Noise Warning Clauses will be required to be included on all offers
of purchase, deeds and rental agreements for the building:
Warning: "Purchasers/tenants are advised that due to the proximity of the
adjacent industrial and commercial facilities, noise from these facilities may at
times be audible".
(4) North Fagade:
The building/units must be in compliance with Ontario Building Code
requirements.
(5) Residential Building (ALL DWELLING UNITS):
The following Noise Warning Clauses will be required to be included on all offers
of purchase, deeds and rental agreements for the building:
NOISE WARNING TYPE A:
"Purchasers/tenants are advised that sound levels due to increasing road traffic
on Huron Road may occasionally interfere with some activities of the dwelling
occupants as the sound levels exceed the sound level limits of the Region of
Waterloo and the Ministry of the Environment, Conservation and Parks."
(6) The acoustic assessment will be updated, and the STC Rating values will be
reviewed once the final design and the architectural drawings are available.
(7) Outdoor mechanical equipment such as rooftop chillers or air makeup units for
the proposed commercial buildings, i.e. Commercial Units and Activa Design
4
Page 26 of 82
Studio, will be designed to have a noise impact of less than 35dBA at any
residential unit(s) on the proposed residential building.
Implementation:
That prior to the issuance of any building permits, the City of Kitchener's Building
Inspector will certify that the noise attenuation measures are incorporated in the building
plans and upon completion of construction, the City of Kitchener's Building Inspector will
certify that the dwelling units have been constructed accordingly.
Yours Truly,
Joginder Bhatia
Transportation Planner
(226) 753-0368
CC:
Shilling Yip, Region of Waterloo
Tim Seyler, City of Kitchener
5
Page 27 of 82
SECTION 20 — Holding Provisions
(15H)
(15H) —Within the lands zoned MIX -3 and shown as affected by this provision on Zoning Grid
Schedule 152 of Appendix A, residential uses, place of worship, day care facility, adult education
school, commercial school, post -secondary school, or secondary school shall not be permitted
until such time as:
a) A Land Use Compatibility Study addressing the compatibility with the lands in the vicinity
zoned EMP -4, has been prepared to the satisfaction of the Region, and has been
approved by the Region; and,
b) A Road Traffic Noise Study has been prepared to the satisfaction of the Region, and has
been approved by the Region; and,
C) The holding provision affecting these lands has been removed by By-law.
City of Kitchener Zoning By-law 2019
Page 28 of 82