HomeMy WebLinkAboutDSD-2023-408 - 7 Morrison Road - ZBA23/026/M/BB - Lifting of Holding Provision 42H - Klondike Homes Ltd.Staff Report
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Development Services Department www.kitchener.ca
REPORT TO: Community and Infrastructure Services Committee
DATE OF MEETING: October 2, 2023
SUBMITTED BY: Rosa Bustamante, Director of Planning 519-741-2200 ext. 7319
PREPARED BY: Brian Bateman, Senior Planner 519-741-2200 ext. 7869
WARD(S) INVOLVED: Ward 2
DATE OF REPORT: September 14, 2023
REPORT NO.: DSD -2023-408
SUBJECT: 7 Morrison Road, ZBA23/026/M/BB
Lifting of Holding Provision 42H, Klondike Homes Ltd.
RECOMMENDATION:
That Zoning By-law Amendment Application ZBA23/026/M/BB for Klondike Homes
Ltd. for the purpose of removing Holding Provision 42H from the lands specified in
the attached Map No.1, in the form shown in the "Proposed By-law, attached to the
Report DSD -2023-408 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 42H from the lands municipally addressed
as 7 Morrison 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 this 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 September 8, 2023.
• This report supports the delivery of core services.
BACKGROUND:
An application by Klondike Homes Ltd. was received to lift Holding Provision 42H to
facilitate development of the subject lands for stacked townhomes. This report seeks
Council's approval of a Zoning By-law Amendment to remove the holding provision 42H
from the property.
REPORT:
Official Plan Amendment and Zoning By-law Amendment applications were submitted and
subsequently approved by Council on May 2, 2023. As part of the approval of the Zoning
By-law Amendment, a Holding Provision was implemented that would require that the
Region of Waterloo be satisfied with respect to the submission of a Record of Site
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
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Condition (RSC) and a detailed Noise Study before the holding provision can be lifted.
Region staff have now confirmed that the requirement for the RSC is no longer applicable,
and also advised that the findings and recommendations of the latest detailed Noise Study
are satisfactory.
The City is in receipt of correspondence (Attachment C) indicating that the Regional
Municipality of Waterloo is satisfied that the applicant has met the requirements of 42H.
Accordingly, Planning staff is of the opinion that the requested zoning by-law amendment
to remove holding provision 42H is appropriate at this time. Planning Staff recommends
removing Holding Provision 42H 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 September 8, 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 -2023-120
• Planning Act
• City's Official Plan
• Zoning By-law 2019-051
REVIEWED BY: Garett Stevenson — Manager of Development Review
APPROVED BY: Justin Readman, General Manager Development Services
ATTACHMENTS:
Attachment A — Proposed Zoning By-law and Map No. 1
Attachment B — Newspaper Notice
Attachment C — Regional Municipality of Waterloo Correspondence
Attachment D - By-law 2023-047
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BY-LAW NUMBER
OF THE
CORPORATION OF THE CITY OF KITCHENER
(Being a by-law to amend By-law No. 2019-051, as amended, known as
the Zoning By-law for the City of Kitchener — Klondike Homes Ltd.
— 7 Morrison 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. Schedule Number 262 of Appendix "A" to By-law 2019-051 is hereby amended by
2023.
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 Low Rise
Residential Five Zone (RES -5) with Site Specific Provision (361) and Holding
Provision 42H to Low Rise Residential Zone (RES -5) with Site Specific Provision
(361).
PASSED at the Council Chambers in the City of Kitchener this day of
Mayor
Clerk
1
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0 ' MAN
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MAP NO. 1
KLONDIKE HOMES LTD.
7 MORRISON RD
-2
INS -2
1 (74)
SCHEDULE NO 262
BY-LAW 2019-051
SUBJECT AREA(S)
N
AMENDMENT TO BY-LAW 2019-051
INS -2 MAJOR INSTITUTIONAL ZONE
AREA 1 -
RES -2 LOW RISE RESIDENTIAL TWO ZONE
FROM LOW RISE RESIDENTIAL FIVE
ZONE
(RES -5)
RES -5 LOW RISE RESIDENTIAL FIVE ZONE
WITH SITE SPECIFIC PROVISION (361)
AND HOLDING PROVISION (42H)
(NHC-1) NATURAL CONSERVATION ZONE
TO LOW RISE RESIDENTIAL FIVE ZONE (RES -5)
WITH SITE SPECIFIC PROVISION (361)
SCHEDULE NO 262
BY-LAW 2019-051
�j
COM -1 LOCAL COMMERCIAL ZONE
INS -2 MAJOR INSTITUTIONAL ZONE
RES -2 LOW RISE RESIDENTIAL TWO ZONE
RES -4 LOW RISE RESIDENTIAL FOUR ZONE
RES -5 LOW RISE RESIDENTIAL FIVE ZONE
(NHC-1) NATURAL CONSERVATION ZONE
ZONE GRID REFERENCE
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% _ KITCHENER ZONING BY-LAW 85-1 AND 2019-051
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0 50 100 ZONING BY-LAW AMENDMENT ZBA23/026/M/BB
METRES OFFICIAL PLAN AMENDMENT N/A
SCALE 1:4,000 City of Kitchener
FILE:
DATE:SEPTEMBER 12, 2023 ZBA23026MBB_MAP1
DEVELOPMENT SERVICES DEPARTMENT, PLANNING mxd
NOTICE OF PUBLIC MEETING
for removal of a holding provision
7 Morrison Road
S�ECTAgEA
Location Map
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Removal of
Holding Provision 42H
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KITcHI:NER
Community&Infrastructure I
Services Committee
Date: October 2, 2023
Location: Council Chambers,
Kitchener City Hall
200 King Street West
"Virtual 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.kitchenenca/
PlanningApplications
or contact:
Brian Bateman, Senior Planner
brian.bateman@ kitchener.ca
S19.741.2200 x7869
The City of Kitchener will consider an application for a Zoning By-law
Amendment to lift Holding Provision 42H in Zoning By-law 2019-051 affecting
the subject lands. The requirements for the removal of 42H have been fulfilled
with the approval of a Noise Study and a Record of Site Condition by the Region
of Waterloo.
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Region of Waterloo
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: C14-60/2/23026
September 21, 2023
Brian Bateman, MCIP, RPP
Senior Planner
City of Kitchener
City Hall, P.O. Box 1118
200 King Street West
Kitchener, ON N2G 4G7
Dear Mr. Bateman:
Re: ZBA 23/026/M/BB
Removal of Holding Provision — 42H
Klondike Homes Ltd.
7 Morrison Road
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.
The applicant has submitted a request to lift the holding provision for the site. Holding
Provision 42H is as follows:
42. "Notwithstanding Section 7 of this Bylaw, within the lands zoned RES -5 (361)
and shown as being affected by this subsection on Zoning Grid Schedule
Number 262 of Appendix "A", only those uses which lawfully existed on the date
of passing of this By-law, shall be permitted to continue until such time as this
Holding Provision is removed by by-law once the City of Kitchener is in receipt of
a letter from the Regional Municipality of Waterloo, advising that the Region's
requirements have been satisfied with respect to the submission of a Record of
Site Condition and a detailed Noise Study."
Record of Site Condition
Since adoption of holding provision 42H Regional staff has determined in consultation
with City of Kitchener staff, that the purpose of the original zoning by-law amendment
(ZBA 22/024/M/BB) was to provide for a change in regulation, and not an increase in
Document Number: 4480311 Version: 2
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density for a sensitive use on the subject site. As such, a Record of Site Condition is
not required in accordance with the Region's Implementation Guideline for the Review
of Development Applications On or Adjacent to Known and Potentially Contaminated
Sites (June 24, 2009).
Detailed Noise Study
The applicant has submitted a noise study entitled, "Environmental Noise Study, 7
Morrison Road, Kitchener, Ontario" (JPE Engineering, April 5, 2023). The Report
assessed the impacts of road and rail traffic noise on the proposed development. The
Report conclusions and recommendations are acceptable to Regional staff, which
recommendations include a 2.4m high noise wall on private property, provision for
central air conditioning, brick veneer construction, and noise warning clauses. The
Region's review comments are being provided under separate cover.
Implementation
Regional staff understands there is no provision under the Planning Act to enter into an
agreement with the Region of Waterloo under the current (or original) zoning by-law
amendment application to secure implementation of the noise study recommendations.
However, Regional staff understands the applicant intends to make application for a
plan of condominium, at which time these mitigation measures may be secured through
conditions of draft approval, including entering into an agreement with the Region to
secure implementation of the noise mitigation. This is satisfactory to Regional staff.
Based on the above, the Region has no objection to the removal of Holding Provision
42H at this time.
Satisfactory arrangements have been made with the applicant regarding remittance of
the Region's fee for this application,
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. Pierre Chauvin, MHBC Planning
Document Number: 4480311
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Document Number: 4480311
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