HomeMy WebLinkAboutDSD-2023-369 - ZBA23/021/C/KA - Removal of Holding Provision - 265 Cotton Grass St - Schlegel Urban DevelopmentsStaff Report
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Development Services Department www.kitchener.ca
REPORT TO: Committee of the Whole
DATE OF MEETING: August 28, 2023
SUBMITTED BY: Garett Stevenson, Interim Director of Planning, 519-741-2200
ext. 7070
PREPARED BY: Katie Anderl, Project Manager, 519-741-2200 ext. 7987
WARD(S) INVOLVED: Ward 5
DATE OF REPORT:
REPORT NO.:
August 14, 2023
DSD -2023-369
SUBJECT: Zoning By-law Amendment Application ZBA23/021/C/KA
Removal of Holding Provision - 265 Cotton Grass Street
Schlegel Urban Developments Corp.
RECOMMENDATION:
That Zoning By-law Amendment Application ZBA23/021/C/KA for Schlegel Urban
Development Corp. for the purpose of removing Holding Provision 99H from the lands
specified on the attached Map No.1, in the form shown in the "Proposed By-law"
attached to the Report DSD -2023-369 as Appendix A, be approved; and further,
That the Zoning By-law be considered to be read the first and second time and
referred to the third reading of the By-laws on the agenda this date.
REPORT HIGHLIGHTS:
• The purpose of this report is to seek Council's approval of a zoning by-law
amendment to remove Holding Provision 99H from 265 Cotton Grass Street.
• The applicant has satisfied the condition 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 August 18, 2023.
• This report supports the delivery of core services.
BACKGROUND:
An application has been made by Schlegel Urban Developments Corp. (property owner) to
lift Holding Provision 99H from 265 Cotton Grass Street facilitate the development of the
property with a multiple dwelling development containing 32 residential units. This report
seeks Council's approval of a 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 33 of 64
Page 34 of 64
REPORT:
In April 2023, Council approved Zoning By-law Amendment Application ZBA22/015/C/KA
to permit the lands to be developed with a 32 -unit multiple dwelling, subject to Holding
Provision 99H. Holding Provision 99H 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 Road Traffic and Stationary Noise
Study.
Conditional approval of the associated site plan was granted in June 2023, conditional
upon the lifting of Holding Provision 99H. In July of 2023, a Zoning By-law Amendment
Application was submitted requesting removal of the Holding Provision.
The City is in receipt of correspondence dated August 14, 2023 (Appendix `C') indicating
that the Regional Municipality of Waterloo is satisfied that the applicant has met the
requirements of 99H related to the Road Traffic and Stationary Noise Study and has no
objection to the lifting of the Holding Provision as it applies to the development of a 32 -unit
multiple dwelling proposed for 265 Cotton Grass Street.
Based on the above, Planning staff is of the opinion that the requested Zoning By-law
Amendment to remove Holding Provision 99H is appropriate at this time since the
requirements to release the holding provision have been met. Planning Staff recommends
removing Holding Provision 99H 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 August 18, 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 -2023-111
• Planning Act
• Zoning By-law 85-1
REVIEWED BY: Malone -Wright, Tina — Interim Manager of Development Review,
Planning Division
APPROVED BY: Justin Readman, General Manager Development Services
Page 35 of 64
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 99H
Page 36 of 64
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follows:
Appendix "A" — Proposed Zoning By-law
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 — Schlegel Urban
Developments Corp. — 265 Cotton Grass Street)
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
Schedule Number 66 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 Neighbourhood Shopping Centre Zone (C-2) with
Special Regulation Provision 356R, Special Regulation Provision 787R, Special Use Provision
483U, and Holding Provision 99H to Neighbourhood Shopping Centre Zone (C-2) with Special
Regulation Provision 356R, Special Regulation Provision 787R and Special Use Provision
483U.
2. Appendix "F" to By-law 85-1 is hereby amended by deleting Section 99H.
PASSED at the Council Chambers in the City of Kitchener this day of
2023.
Mayor
Clerk
Page 38 of 64
NOTICE OF PUBLIC MEETING°
for removal of a holdingprovision
p
265 Cotton Grass Street T,-SNE
City Council Meeting
Date: August 28, 2023
14
84JR1FCTARF m Location: Council Chambers,
GP-;SS 5f ► Kitchener City Hall
200 King Street West
rVirtual Zoom Meeting
To view the staff report, agenda, meeting
details & start time of this item
` (to beosted 3 days before meeting),
P Y g),
Location Map visit kitchener.ca/meetings
Removal of
Holding Provision 99H
To learn more about this project, visit:
www.kitchenenca/
Plan ningApplications
or contact:
Katie AnderL Project Manager
katie.anderl@ kitchener.ca
519.741.2200 x7987
The City of Kitchener will consider an application for a Zoning By-law
Amendment to remove Holding Provision 99H in Zoning By-law 85-1 affecting
the subject lands. The requirements for the removal of 99H have been fulfilled
with the approval of a Noise Study by the Region of Waterloo.
Page 39 of 64
N*
Region of Waterloo
Katie Anderl, MCIP, RPP
Project Manager - Planning
City of Kitchener
City Hall, P.O. Box 1118
200 King Street West
Kitchener, ON N2G 4G7
Dear Ms. Anderl:
Re: Removal of Holding Provision — 99H
Schlegel Urban Developments Corp.
265 Cotton Grass Street
City of Kitchener
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
Community Planning
150 Frederick Street 8th Floor
Kitchener Ontario N2G 4J3 Canada
Telephone: 519-575-4400
TTY: 519-575-4608
Fax: 519-575-4466
www.regionofwaterloo.ca
File: C14-60/
August 14, 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 99H is as follows:
99. Notwithstanding Section 8 of this Bylaw, within the lands zoned C-2 and shown as
being affected by this Subsection on Schedule Number 66 of Appendix "A":
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."
Document Number: 4453889 Version: 2
Page 2 of 2
Page 40 of 64
Since adoption of holding provision 99H the applicant has submitted an updated Noise
Feasibility Study entitled, "Noise Feasibility Study, Proposed Residential Development,
265 Cotton Grass Street, Kitchener, Ontario (HGC, May 1, 2023) and Addendum (HGC,
August 1, 2023 which was in response to a peer review undertaken by the Region's
peer review consultant, RWDI on an earlier noise feasibility study (HGC, February 24,
2023). The May 1, 2023 Study and accompanying Addendum are satisfactory to RWDI.
The peer review comments are being provided under separate cover.
Implementation
Both on/off site mitigation measures are recommended including provision for air
conditioning, warning clauses, and a rooftop noise wall to attenuate mechanical
equipment on the roof of the nearby Sobey's building. Regional staff understands there
is no provision under the Planning Act to enter into an agreement with the City of
Kitchener under the current (or original) zoning by-law amendment application to secure
implementation of the recommended off-site noise mitigation measures. As such,
Regional staff understands the City will secure implementation of the Study
recommendations by way of an agreement associated with the vacant land
condominium (re. Waterloo VLC No. 423) for the Sobey's site. This is satisfactory to
Regional staff.
Based on the above, the Region has no objection to the removal of Holding Provision
99H at this time.
Regional staff acknowledge receipt of the 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,
Amanda Kutler, MCIP, RPP
Manager, Community Planning
cc. Alex Vandersluis, Schlegel Urban Developments Corp.
Document Number: 4453889
Page 3 of 2
Page 41 of 64
APPENDIX "F" - HOLDING PROVISIONS FOR SPECIFIC LANDS
99. Notwithstanding Section 8 of this Bylaw, within the lands zoned C-2 and shown as being affected by
this Subsection on Schedule Number 66 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 2023-045, S.5) (265 Cotton Grass Street)
City of Kitchener Zoning By-law 85-1 Office Consolidation: April 18, 2023
Page 42 of 64