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Home My WebLink AboutDSD-2023-326 - ZBA23/020/C/TS - Lifting of Holding Provision 15H - 15 Cedar St N - Nimbell Holdings Inc.Staff 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: Tim Seyler, Senior Planner, 519-741-2200 ext. 7860 WARD(S) INVOLVED: Ward 10 DATE OF REPORT: July 18, 2023 REPORT NO.: DSD -2023-326 SUBJECT: Zoning By-law Amendment Application ZBA23/020/C/TS Lifting of Holding Provision 15H 15 Cedar Street North Nimbell Holdings Inc. RECOMMENDATION: That Zoning By-law Amendment Application ZBA23/020/C/TS for Nimbell 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 -2023-326 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 15 Cedar Street North. • The applicant has satisfied the conditions outlined within the Holding Provision as confirmed by the City of Kitchener's Director of Planning. • 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 Nimbell Holdings Inc. (Property Owner) to lift Holding Provision 15H from 15 Cedar Street North has been made to facilitate the development of the property with a multiple dwelling development containing 10 residential units. This report seeks Council's approval of Zoning By-law amendment to remove the Holding Provision from the property. REPORT: In June 2022, an application was submitted by the property owner to lift Holding Provision 15H. Holding Provision 15H prohibits certain used until such time that the subject lands be *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 29 of 82 consolidated with lands fronting King Street East, and a site plan including appropriate site access and site buffering measures have been approved by the City's Director of Planning. The Director of Planning has given their approval in the provided correspondence dated July 17, 2023 (Appendix `C') indicating that they are satisfied that the Holding Provision could be removed without a consolidation of land, as there has been a significant change in Planning framework in Ontario, since the application of Holding Provision 15H. Furthermore, Bill 23 More Homes Built Faster Act, 2022 made changes to the Planning Act which exempts residential developments with 10 dwelling units or less from site plan approval. The applicant has proposed a 10 unit multiple dwelling and will not be required to obtain Site Plan approval. 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 are no longer applicable. 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 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: Planning Act, 1990 Zoning By-law 2019-051 REVIEWED BY: Tina Malone -Wright, — 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 Page 30 of 82 Appendix C — Director of Planning Approval Letter Appendix D — Holding Provision 15H Page 31 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 — Nimbell Holdings Inc — 15 Cedar Street 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 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 Medium Intensity Mixed Use Corridor Zone (MU -2) with Holding Provision 15H to Medium Intensity Mixed Use Corridor Zone (MU -2). PASSED at the Council Chambers in the City of Kitchener this day of 2023. Mayor Clerk �_4121R D -4 100R 114U 1: R-9 VIA 00-1 04 136R MAP NO. 1 NIMBELL HOLDINGS INC 15 CEDAR ST N 6 1-3 0 50 100 METRES SCALE 1:4,000 DATE: JUNE 28, 2023 �Q v ZONE GRID REFI SCHEDULE NO. ' MU- 44R lv OFAPPENDIX'A' KITCHENER ZON � ZONE 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 15 Cedar Street North � �IBJECT 1` xv Location Map Alk ea Removal of Holding Provision 15H 1 KrTcHENER 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 85-1 affecting the subject lands. The requirements for the removal of 15H have been fulfilled with the approval by the Citys Director of Planning. Page 34 of 82 From: Garett Stevenson <Garett.Stevenson@kitchener.ca> Sent: Monday, July 17, 2023 4:05 PM To: Tim Seyler <Tim.Seyler@kitchener.ca> Subject: Holding Provision 15H - 15 Cedar Street North Hi Tim, Holding Provision 15H states that certain uses shall not be permitted until such time as the holding symbol is removed by by-law. Holding Provision 15H requires that the subject lands be consolidated with lands fronting King Street East and a site plan including appropriate site access and site buffering measures has been approved by the City's Director of Planning. Since the application of Holding Provision 15H to these lands, there have been substantial changes to the land use planning framework in Ontario, and changes have been proposed for this property. Starting with the Neighborhood Planning Reviews project, which included a Statutory Public meeting in December 2009, followed by the current Growing Together work program, Planning staff have been reviewing existing land use designations and zoning regulations for all lands within Major Transit Station Areas (MTSAs). In part to respond to legislative changes and the approval of the MTSA boundaries in the Regional Official Plan this year, Holding Provision 15H will not be carried forward as part of the Growing Together recommendations, and new land use designations and zoning regulations within MTSAs will permit a lot of this size being developed without consolidation. Additionally, Bill 23 More Homes Built Faster Act, 2022, made changes to the Planning Act which exempts residential developments with 10 dwelling units or less from site plan approval. In April 2023, Planning staff presented a Missing Middle and Affordable Housing study to Council. The key findings of the report were that Kitchener is grappling with the challenges and opportunities associated with the delivery of missing middle and affordable housing. To further support this type of growth based on current demographic conditions, land availability, development feasibility conditions and a common desire to make it happen among both the public and private sector, four key recommendations were proposed to advance those objectives, including; reduce parking requirements; increase density allowances; provide financial supports; and continue process improvements. The removal of the holding provision and consideration of a parking reduction for this property through a minor variance application should be considered for the development of the subject lands, without the requirement to consolidate lands with frontage on King Street. I have no objection to removing the holding provision at this time. Thanks, Garett Garett Stevenson, BES, RPP, MCIP Interim Director I Planning Division I City of Kitchener 519-741-2200 x 7070 1 TTY 1-866-969-9994 1 garett.stevenson(a)-kitchener.ca Is Page 35 of 82 APPENDIX "F" - HOLDING PROVISIONS FOR SPECIFIC LANDS 15. Notwithstanding Sections 54.1 and 54.2 of this By-law, within the lands zoned MU -2 on Schedules 120, 142, 143 and 271 of Appendix "A", only a single detached dwelling, duplex, multiple dwelling, lodging house having less than 9 residents, residential care facility having less than 9 residents, home business and private home daycare, and only within the buildings existing on January 24, 1994 and uses accessory thereto, shall be permitted until such time as the holding symbol affecting the lands has been removed by by-law. The holding symbol shall not be removed until such time as the lands have been consolidated with lands fronting King Street East and a site plan including appropriate site access and site buffering measures has been approved by the City's Director of Planning. (By-law 94-1, S.14) (Amended: By-law 2010-156, S. 55) City of Kitchener Zoning By-law 85-1 Office Consolidation: September 7, 2010 Page 36 of 82