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HomeMy WebLinkAboutDSD-2023-263 - Zoning By-law Amendment Application ZBA23/013/S/CD - Lifting of Holding Provision 24H - 134-154 Shanley Street - 2701098 Ontario Inc.Staff Report r J R Development Services Department www.kitchener.ca REPORT TO: Planning and Strategic Initiatives Committee DATE OF MEETING: September 18, 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: REPORT NO.: August 21, 2023 DSD -2023-263 SUBJECT: Zoning By-law Amendment Application ZBA23/013/S/CD Lifting of Holding Provision 24H 134-154 Shanley Street 2701098 Ontario Inc. RECOMMENDATION: That Zoning By-law Amendment Application ZBA23/013/S/CD for 2701098 Ontario Inc for the purpose of removing Holding Provision 24H from the lands specified in the attached Map No.1, in the form shown in the "Proposed By-law" attached to the Report DSD -2023-263 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 24H from 134-152 Shanley Street. • 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 application. • 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 25, 2023. • This report supports the delivery of core services. BACKGROUND: An application by 2701098 Ontario Inc. (the property owner) to lift Holding Provision 24H from 134-152 Shanley Street has been made to facilitate the development of the property with an 8 -storey multiple dwelling development. This report seeks Council's approval of zoning by-law amendment application 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 4 of 399 REPORT: On February 21, 2022, Council approved a Zoning By-law Amendment application to change the zoning of the subject lands at 134-152 Shanley Street in Zoning By-law 2019- 051 to Medium Rise Residential Six Zone RES -6 with Site Specific Provision (189) to further regulate parking, permit an increased Floor Space Ratio (FSR), building heights, setbacks and a Holding Provision (24H) to require site contamination remediation. Approval in Principle of Site Plan Application SP21/105/S/CD was granted in April 2022, conditional upon the lifting of Holding Provision 24H. In May of 2023, a Zoning By-law Amendment application was filed requesting to lift the Holding Provision. The City is in receipt of correspondence dated August 18, 2023 (Attachment `C') indicating that the Regional Municipality of Waterloo is satisfied that the applicant has met the requirements of 24H related to the approval of the Record of Site Condition 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 134-152 Shanley Street. Based on the above, Planning staff is of the opinion that the requested zoning by-law amendment to remove Holding Provision 24H is appropriate at this time since the requirements to release the holding provision have been met. Planning Staff recommends removing Holding Provision 24H 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 August 25, 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: • DSD -2022-033 • 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 5 of 399 ATTACHMENTS: Attachment A — Proposed By-law to amend Zoning By-law 2019-051 and Map No. 1 Attachment B — Newspaper Notice Attachment C — Regional Municipality of Waterloo Approval Letter Attachment D — Holding Provision 24H Page 6 of 399 SUBJECT AREA(S) N AMENDMENT TO BY-LAW 2019-051 AREA 1 - FROM MEDIUM RISE RESIDENTIAL SIX ZONE (RES -6) WITH SITE SPECIFIC PROVISION (189) AND HOLDING PROVISION (24) TO MEDIUM RISE RESIDENTIAL SIX ZONE (RES -6) WITH SITE SPECIFIC PROVISION (189) OS R-2 OSR-2 BY-LAW 85-1 5^ C-1 CONVENIENCE COMMERCIAL ZONE CR -2 COMMERCIAL RESIDENTIAL TWO ZONE P R ,S-5 D-6 WAREHOUSE DISTRICT ZONE 1-1 NEIGHBOURHOOD INSTITUTIONAL ZONE MPPJ M-1 INDUSTRIAL RESIDENTIAL ZONE AREA 1 OM -1 M-2 GENERAL INDUSTRIAL ZONE MU -3 HIGH INTENSITY MIXED USE CORRIDOR ZONE P-1 PUBLIC PARK ZONE R- 1 U R-5 RESIDENTIAL FIVE ZONE -5 R-6 RESIDENTIAL SIX ZONE R 1 9U BY-LAW 2019-051 _5 COM -1 LOCAL COMMERCIAL ZONE -1 - OSR-2 OPEN SPACE: GREENWAYS ZONE EMP -1 NEIGHBOURHOOD INDUSTRIAL EMPLOYMENT _5 P-1 RES -4 LOW RISE RESIDENTIAL FOUR ZONE 5 RES -5 LOW RISE RESIDENTIAL FIVE ZONE -5 M'2 RES -6 MEDIUM RISE RESIDENTIAL SIX ZONE p �p -1 431 R O - 51H 29 5 _ ZONE GRID REFERENCE SCHEDULE NO. 83 _5 M-2 76U OFAPPENDIX'A' 1 U R U' KITCHENER ZONING BY-LAW 85-1 AND 2019-051 R 5 - O R-6 46 -6 ? ZONE LIMITS 7R 4 MAP NO. 0 50 10o ZONING BY-LAW AMENDMENT ZBA23/013/S/CD OFFICIAL PLAN AMENDMENT N/A METRES 2701098 ONTARIO INC. SCALE 1:4,000 city/ of Kitchener DEVELOPM T SERVICES DEPARTMENT, PLANNING FILE ZBA23013SCD_MAP1 mxd 134-152 SHANLEY ST DATE: MAY 31, 2023 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 — 2701098 Ontario Inc. — 134 and 152 Shanley Street) 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 83 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 Medium Rise Residential Six Zone (RES -6) with Site Specific Provision (189) and Holding Provision (24) to Medium Rise Residential Six Zone (RES -6) with Site Specific Provision (189). 2. Section 20 to By-law 2019-051 is hereby amended by deleting (24H). PASSED at the Council Chambers in the City of Kitchener this day of , 2023. Mayor Clerk Page 8 of 399 NOTICE OF PUBLIC MEETING for removal of a holding provision 134-152 Shanley Street a�$ Location Map W 8JEGTAREA .mss, z.N f� RSR A©b, EIM13 Lifting of Holding Provision 24H Community & Infrastructure Services Committee Date: September 18, 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 the Friday before meeting), visit kitchener.ca/meetings To learn more about this project, visit: www.kitchenenca/ PlanningApplications or contact: Craig Dumart, Senior Planner craig.dumart@ kitchener.ca 519.741.2200 x7073 The City of Kitchener will consider an application to amend the Zoning By-law to lift Holding Provision 24H in Zoning By-law 2019-051 affecting the subject lands. The requirements for the removal of 24H have been fulfilled with the approval of a Record of Site Condition approved by the Ministry of the Environment, Conservation and Parks and accepted by the Region of Waterloo. Page 9 of 399 N'4#J*'qF_ 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 Foor Kitchener Ontario N213 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4466 www.reglonofwaterloo.ca File: C14-60/230013 August 18, 2023 Re: Removal of Holding Provision — 24H Re: ZBA Application ZBA23/0013/S/CD 2701098 Ontario Inc. (Shannondale Developments) 134-152 Shanley Street 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 2021, 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 on site. The Official Plan Amendment and Zoning By-law Amendment were adopted and Zoning By-law Amendment 2022-024 included Holding Provision 24H. Holding Provision 24H required the submission of a Record of Site Condition and Ministry Acknowledgement Letter that applies to the entirety of the subject lands (134-152 Shanley Street) 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 24H is as follows: Notwithstanding Section 7, of this By-law within the lands zoned RES -6 and shown as being affected by this subsection on Zoning Grid Schedule Number 83 of Appendix "A", no residential redevelopment shall be permitted until such time as a Record of Site Document Number: 4459220 Version: 1 Page 2 of 2 Page 10 of 399 Condition is submitted and approved to the satisfaction of the Ministry of the Environmental, Conservation and Parks or any successor Ministry ("MECP'). This Holding Provision shall not be removed until the Region of Waterloo is in receipt of a letter from the Ministry of the Environment, Conservation and Parks advising that a Record of Site Condition has been completed to the satisfaction of the MECP." The Region obtained a copy of the Record of Site Condition (RSC # B-404- 6223500396) and the associated Ministry Acknowledgement Letter dated May 5, 2023 on May 26, 2023. The RSC filing was support by a Risk Assessment and a Certificate of Property Use (#6133-07NLHQ) which was registered on title as WR1408916 on January 1, 2022. The RSC and CPU applied specifically to the lands addressed as 152 Shanley Street. Following an amendment to the CPU (dated August 11, 2023) and a consolidation of the Property Identifier Numbers (PINS) applying to 134 and 152 Shanley Street (registered as WR1508463 on May 15, 2023), the CPU requirements now apply across the entirety of the subject lands. Based on the above, the Region has no objection to the removal of Holding Provision 24H. Regional staff acknowledge receipt of the Zoning By-law Amendment fee of $3,000.00 (received June 22, 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 Jeff Henry, Arcadis Professional Services (Canada) Inc. (Applicant) Page 11 of 399 SECTION 20 — Holding Provisions (24H) (24H) — Notwithstanding Section 7, of this By-law within the lands zoned RES -6 and shown as being affected by this subsection on Zoning Grid Schedule Number 83 of Appendix "A", no residential redevelopment shall be permitted until such time as a Record of Site Condition is submitted and approved to the satisfaction of the Ministry of the Environment, Conservation and Parks or any successor Ministry ("MECP"). This Holding Provision shall not be removed until the Region of Waterloo is in receipt of a letter from the Ministry of the Environment, Conservation and Parks advising that a Record of Site Condition has been completed to the satisfaction of the MECP. City of Kitchener Zoning By-law 2019-051 Page 12 of 399