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HomeMy WebLinkAboutDSD-2024-053 - Zoning By-law Amendment Application ZBA24-025-F-CD Lifiting of Holding Provision 67H 1950 Fischer Hallman Ro Development Services Department www.kitchener.ca REPORT TO: Finance and Corporate Services Committee DATE OF MEETING: January 29, 2024 SUBMITTED BY: Garett Stevenson, Director of Development and Housing Approvals, 519-741-2200 ext. 7070 PREPARED BY: Craig Dumart, Senior Planner, 519-741-2200 ext. 7073 WARD(S) INVOLVED: Ward 5 DATE OF REPORT: January 12, 2024 REPORT NO.: DSD-2024-053 SUBJECT: Zoning By-law Amendment Application ZBA24/025/F/CD Lifting of Holding Provision 67H 1950 Fischer Hallman Road Schlegel Urban Developments Corp. RECOMMENDATION: That Zoning By-law Amendment Application ZBA23/025/F/CD Schlegel Urban Developments Corpfor the purpose of removing Holding Provision 67H from the - -2024-053 as AttachmentA,be approved. REPORT HIGHLIGHTS: The purpose of -law Amendment Application to remove Holding Provision 67H from the lands municipally known as 1950 Fischer Hallman Road. The applicant has satisfied the conditions outlined within the Holding Provision as confirmed by receiving a letter from the Region 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 January 19, 2024. This report supports the delivery of core services. BACKGROUND: Schlegel Urban Developments Corp has submitted a Zoning By-law Amendment Application to lift Holding Provision 67H from1950Fischer Hallman Road. This report 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. REPORT: The subject lands at 1950 Fischer Hallman Road are located within the Becker Estates (Wallaceton) Subdivision (30T-07205) which was draft approved by the Ontario Municipal Board, together with implementing Official Plan land use designations and zoning in 2009. The subdivision represents a well-designed, contemporary subdivision having a mix of residential dwelling types including low, medium, and higher density forms of housing, mixed- use blocks, an elementary school, storm water management pond, unique park spaces, and the integration of two heritage features including the Becker farmhouse at 1940 Fischer Hallman Road and the commemoration of Plains Road. At the time of the above mentioned Draft Plan of Subdivision, Official Plan and Zoning By- law Amendment Application approvals, Holding Provision 67H was applied to the subject lands at 1950 Fischer Hallman Road to require a Traffic and Stationary noise study to be submitted and approved to the satisfaction of the Region of Waterloo. The City is in receipt of a clearance letter from the Region of Waterloo dated December advising that a Traffic and Stationary noise study has been approved and implemented and that the applicant has met the requirements of removing Holding Provision 67H for the lands. As such planning staff is satisfied that the applicant has met the requirements of 67H and has no objection to the lifting of the Holding Provision for the development of a commercial development on the subject lands at 1950 Fischer Hallman Road. Based on the above, Planning staff is of the opinion that the requested Zoning By-law Amendment to remove Holding Provision 67H is appropriate at this time as the requirements to release the holding provision have been met. Planning Staff recommends 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 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 January 19 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 85-1 REVIEWED BY: Tina Malone-Wright, Manager, Development Approvals, Development and Housing Approvals Division APPROVED BY: Justin Readman, General Manager Development Services ATTACHMENTS: Attachment A Proposed By-law to amend Zoning By-law 85-1 and Map No. 1 Attachment B Newspaper Notice Attachment C Region of Waterloo Clearance Letter Attachment D Holding Provision 67H ! UDEHCS801 ELUDEHCS UDEHCS79 ELUDEHCS PROPOSED BY LAW ______ 2024 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 1950 Fischer Hallman Road) 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 108 -law Number 85-1 are 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 Special Regulation Provision 637R and Special Use Provision 424U and Holding Provision 67H to Medium Intensity Mixed Use Corridor Zone (MU-2) with Special Regulation Provision 637R and Special Use Provision 424U. PASSED at the Council Chambers in the City of Kitchener this day of , 2024. ________________________ Mayor ________________________ Clerk - HOLDING PROVISIONS FOR SPECIFIC LANDS 67.Notwithstanding Section 42.1 and 54.1 of this bylaw, within the lands zoned R-8 and MU-2 on this By-law: i) None of the uses permitted by the R-8 Zone in Area 1 shall be permitted until such time as a 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, as necessary, has been entered into with the City and/or Region, as necessary, providing for the implementation of any recommended noise mitigation measures. ii) None of the uses permitted by the MU-2 Zone in Area 2 shall be permitted until such time as a Traffic and Stationary noise study is submitted and approved to the satisfaction of the Regional Commissioner of Planning, Housing and Community Services. 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 has been entered into with the City and/or Region, as necessary, providing for the implementation of any recommended noise mitigation measures. (OMB Order PL110091) (Southeast Quadrant of Fischer Hallman Road and Huron Road) City of Kitchener Zoning By-law 85-1 Office Consolidation: December 21, 2012