HomeMy WebLinkAboutDSD-19-079 - OPA18/003/F/JVW - 100 Seabrook DriveREPORT TO:Planning & Strategic Initiatives Committee
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DATE OF MEETING:May 13, 2019
SUBMITTED BY:Alain Pinard, Director of Planning, 519-741-2200 ext. 7319
PREPARED BY:Juliane vonWesterholt,Senior Planner,519-741-2200 ext. 7157
WARD(S) INVOLVED:Ward 5
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DATE OF REPORT:April 10, 2019
REPORT NO.:DSD-19-079
SUBJECT:OPA 18/003/F/JVW and ZBA18/003/F/JVW
100Seabrook Drive
Activa Holdings
RECOMMENDATION:
A.That Official Plan Amendment Application OP18/003/F/JVW for Activa Holdings
requesting a change in designation from to
permit a mixed use development on the parcel of land specified and illustrated on
to Report DSD 19-079
Waterloo for approval; and
B.That Maps 3 and 5 of the Official Plan and Maps 22 a, b, c, d, e, f of the Rosenberg
attached to Report DSD 19-079; and
C.That the Huron Community Plan be amended to remove theArea 2 portion of thesubject
lands from the HuronCommunity Plan;and
D.ThatZoning By-law Amendment Application ZC18/003/F/JVWfor Activa Holdings
requesting a change fromBusiness Park Service Centre Zone (B-3), with Special Use
Regulation 300 U to LowIntensity Mixed UseCorridor(MU-1) with Special Regulation
Provision750Rand from Residential Three (R-3) to Low Intensity Mixed UseCorridor
(MU-1) with Special Regulation Provision750R and Special Use Provision 476Uon the
parcel of land specified and illustrated on Map No. 1, be approved in the form shown in
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-May 13, 2019, attached to Report DSD 19-079as
; and further
*** This information is availablein accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
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E.Thatin accordance with Planning Act Section 45 (1.3 & 1.4) applications for minor
variances shall be permitted for lands subject to Zoning By-law Amendment Application
ZC18/003/F/JVW.
BACKGROUND:
The subject lands, known as 100 Seabrook Drive, are locatedon the northeast corner of
Fischer Hallman Road and Seabrook Drive intersection and also have additional frontage
along Valencia Avenue. The lands straddle both the Huron Village and Rosenberg planning
communities and have a total area of 2.59 hectares (6.38 acres). The intent of the application
is to re-designate the portion of the subject lands fronting onto Valencia Avenue from Low Rise
Residential to Mixed Use Corridor One and to rezone the lands to Mixed Use One(MU-1),so
that the entiresite will have one land use category and zone. Additionally, the Official Plan
Amendment would bring the entire lands into the Rosenberg Secondary Plan,so that the
property would no longer straddle two community/ secondary plans. A site specific Special
Regulation will be applied to the portion of the property fronting along Valencia Avenue in order
to ensure a transition to more compatible uses and densities opposite the residential
subdivision from the Mixed Uses along the Fischer Hallman corridor to the west.
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REPORT:
The applicants have submitted applications for Official Plan Amendment and Zoning By-law
Amendment in order to facilitate the development of the subject lands for a Mixed Use
Development with a total Floor Space Ratio (FSR) up to 1.0. Threeto fourstorey buildings will
frame the intersection of Fischer Hallman Road and Seabrook Drive. The back-to-back building
design together with live work units will serve to intensify the development within the mixed
use corridor along Fischer Hallman Road.The combination of slightly higher density residential
uses coupled with live work and commercial uses,will create active uses at grade and will help
support transit usage along the corridor. Along the Valencia Avenue frontage, back to back
townhouses will provide for a transition from the more intensive development along Fischer
Hallman to the single detached residential uses along the opposite side of Valencia Avenue in
the Huron Village subdivision. A Special Regulation will be applied to the block facing Valencia
Avenue that prohibits non-residential uses, so as to provide for more compatible uses opposite
the residential subdivision.An additional site specific Special Regulation will also be applied to
the Area 1 portion of the site along Fischer Hallman Road and are described in more detail
below in the Zoning section.
As part of this development,the applicant will be seeking an amendment to the Official Plan to
bring the portion of the subject lands (Area 2)into the Rosenberg Secondary Planthus having
the entire lands within one planning community. In addition, the Official Plan Amendment will
also change the land use designatiOne. This
will allow the subject lands to be developed comprehensively and in their entirety with one land
use designation, as opposed to two. Furthermore, the zoning by-lawwill limitthe height, as
well asthe usesalong Valencia Avenueto residential uses that would compliment a Medium
Densityscale such as the back to backtownhouses that are intended for the second phaseof
this development.
In addition to the amendment to the Official Plan, the applicantshave requested an amendment
to the Zoning By-law to bring the zoning into conformity with the Mixed Use Oneland use
designation,as set out by the Rosenberg Secondary Plan. In turn,the proposed zoning for the
first phase(Area 1) of the development is Low Intensity Mixed Use One (MU-1). For the
second phase ( Area 2) portion of the subject lands, the zoning by-law amendment will rezone
the lands from its current Residential Three (R-3) zone to Low Intensity Mixed Use One (MU-
1). Both phases will also havesite specificSpecial Regulations applied. These include
regulations that will reduce front yard setback maximums from 8.6 metres to 7.5 metres
necessitated byroad widenings taken along Fischer Hallman Roadby the Region of Waterloo,
as well as heightrestrictions along Valencia Avenue. A further site specific Special Use
regulation will restrict land uses along Valencia Avenue to residential uses.
PROVINCIAL POLICY CONSIDERATIONS:
Provincial Policy Statement, 2014
The Provincial Policy Statement (PPS) provides policy direction on matters of provincial
interest related to land use planning and development. The PPS sets out policies to consider
in buildingstrong healthy communities. The PPS is supportive of efficient development and
land use patterns which sustain the financial well-being of the Province and municipalities over
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the long term, communities that accommodate an appropriate range and mix of land uses,
while promoting compact and efficient development patterns that minimize land consumption
and makes better use of infrastructure.
The PPS requires municipalities to promote healthy, livable and safe communities by
accommodating an appropriate range and mix of residential, commercialand other uses to
meet the long term needs of the community and to encourage compact, mixed-use
development that incorporates compatible live work and commercial employment uses to
support liveable communities.
Planning staff is of the opinion that the proposed applications are consistent with the PPS as
they will facilitate the development of the subject property with a compact mixed-use
development that is located withinthe plannedurbanintensification corridor along Fischer
Hallman Road. The proposed development will providea modest amountadditional
employment through its live work and retail uses, as well as a variety of residential uses which
may consist of a multiplebuilt form optionsincluding stacked town houses, back-to-back town
houses and live/ work units. The proposed developmentwill make better use of lands that are
currentlyzoned for business park and low density residential threeuses.No new public roads
would be required for the proposed development and Engineering staff has confirmed there is
capacity in existing infrastructure to support the proposed development.
While the existing policies are consistent with the PPS,Planning staff is of the opinion that the
requested applications are more consistent with the policies and intent of the PPS.
Growth Plan for the Greater Golden Horseshoe, 2017 (Growth Plan)
The Growth Planidentified and designated greenfield areasasareas that support the
achievement of complete communities, together with active transportationthat sustains
viability of transit services through their design, land use designation, and zoning.
Complete communities feature a diverse mix of land uses, including residential and
employment uses, and convenient access to local stores, services, and public service facilities.
They also have convenient access to a range of transportation options, including options for
the safe, comfortable and convenient use of active transportation. Within complete
communities, developments must be of a high quality compact built form and an attractive and
vibrant public realm which includes public open spaces.
Landsadjacent to or near existing and planned higher frequencytransitsuch as the Fischer
Hallman Corridorwith the (I Express), should be planned to be transit-supportive and
supportive of active transportation and should be comprised of a range of uses and activities
and should encourage land uses and built form that would support the achievement of transit-
supportive densities.
While the existing uses conform to the Growth Plan, the proposed applications will bring the
subject lands into better conformity with the Growth Plan.
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REGIONAL POLICY CONSIDERATIONS:
Regional Official Plan (ROP)
The subject lands are located in the designated Greenfield Area of the Regional Official Plan.
Lands within the Designated Greenfield Area are intended to be well planned, are well
connected with multi-modal street patterns that encourage walking, cycling, support transit and
mixed use development. Greenfield areas are also intended to support a more compact urban
form, with an appropriate mix of land uses that allows people to walk or use transit to travel to
work through the promotion of medium to higher density development closer to transit routes.
Density targets of 55 persons and jobs per hectare are expected to be achieved in the
greenfield areas.
While the lands currently conform to the ROP, Planning staff is of the opinion that the
applications result in better conformity with the Regional Official Plan.
CITY POLICY CONSIDERATIONS:
Official Plan
Current Designations
The portion of the subject lands within (Area 1)of the development is designated Mixed Use
Onein the Rosenberg Secondary Plan. Lands within this designation are generally intended
to provide a minimum amount of small scale commercial uses at neighbourhood gateway
locations supplemented with multiple residential and other non-residential uses.
The(Area 2)portion of the subject lands is currently designated Low Rise Residentialin the
Huron Community Plan, which are intendedto permit a range of residential uses including
singles, semis, duplexes,street townhouses and multiples to a maximum of25 units per
hectare.
Proposed Official Plan Amendments
The (Area 2)portion of the subject lands are designated Low Rise Residential in the Official
Plan, while the balance of the lands is designated Mixed Use One in the Rosenberg Secondary
Plan.
Given that the site has two land use designations within two separate Community/Secondary
Plans,the proposed Official Plan Amendment will remove the (Area 2)portion of the subject
lands from the Huron Community Plan and in turn, bring these lands into the Rosenberg
Secondary Plan and will designate these lands as Mixed Use One. This will ensure that the
entire site is situated within one Secondary Plan and has one land use designation. The
proposed designation in the Rosenberg Secondary Plan for the (Area 2)portion of the land is
(Area 1)portion
of the subject lands.
Restrictions will be placed in the zoning of the (Area 2)portion through a site specific Special
Use Provision to limit the uses to only residential uses and prohibit non-residential uses for this
portion only. In addition, a further Site Specific Regulation will also limit the height of the built
form along the (Area 2) portion of the subject lands. Both site specific regulations are intended
to allow for a more compatible interface with the residential subdivision to the east and will
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align more closely with the original intended residential uses of the current Low Rise
Residential designation.
Atechnical amendment to the Rosenberg Secondary Planis required in order to bring the
(Area 2) lands into the Rosenberg Secondary Plan. The implementation of this Official Plan
Amendment will result in map changes to Maps2, 3and 5 of the Official Plan, as well as the
Rosenberg Secondary Plan Maps 22 a) to f). These are attached as Schedules a) through h)
in the Official Plan Amendment. A recommendation has been added to the Planning Report
DSD-19-079 to remove the subject lands fromthe Huron Community Planas they will be added
to the Rosenberg Secondary Plan.In turn, the Huron community Plan Map will also be
The amendment as proposed herein is more consistent with the objectives of the Provincial
Policy Statement and the Policies of the Growth Plan for the Greater Golden Horseshoe, than
the existing Low Rise Residential land use designation as described in this report. The Official
Plan Amendment conforms to the Regional Official Plan. The proposed land uses conform to
the Official Plan, Staff is of the opinion that the proposed Official Plan Amendment would result
Amendment forthese lands represents good planning, and recommends that the proposed
Official Plan Amendment be approved.
2014 Official Plan Policy Direction(Policies 3.C.2.37-3.C.2.28)
Fischer Hallman Road is designated as an Urban Corridor, and as such is intended to have
strong pedestrian linkages and be integrated with neighbouring residential or employment
uses. Its planned function is to provide a range of retail and commercial uses and intensification
opportunities that are transit supportive. Urban Corridors function as a spine of the community
as well as a destination for the surrounding neighbourhoods. Strengthening linkages and
establishing compatible interfacesbetween the urban corridorsand the surrounding
community areas are priorities for development inthese areas.
Rosenberg Secondary Plan Policy Direction(Part 2-2.2.1 and Part 3-2.2)
Lands with a Mixed Use designationwithin the Rosenberg Secondary Planare intended to
permit a wide range of non-residential and medium to high density residential uses in a compact
urban formalong the Fischer Hallman transit corridor. In order to achieve a true mix of uses,
the zoning of individual sites may not permit the full range of uses at the maximum development
intensity at every site location. To clarify, this means that in order to achieve a mix of uses in a
site such as the subject lands, the site zoning may regulate the minimums of certain uses. For
instance, the zoning may stipulate that a certain minimum amount of commercial uses have to
,so that the site does not become too homogeneous with only
onepredominantuse. The intent of this policy is to ensure the combinationor mixof uses
required toachieve the planned function of the mixed use corridor along Fischer Hallman Road
at the desired intensity and scale are realized.To achieve thisobjective, a minimum of 400
square metresof commercial space will be required on the subject site,which will be regulated
through a site specific Special Regulation in the amending zoning by-law.
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Additionally, and equally important,is to achieve the densities along Fischer Hallman Road that
will support transit usage.These greater densities are encouraged in the Mixed Use areas
rather than in the residential neighbourhoods. To this end,a minimum Floor Space Ratio (FSR)
of 0.6 is required.This may be increased up to a maximum of 2.0 for the entire site. The subject
lands are proposed to be achieving a maximum FSR of 1.0. In order to provide flexibility and to
recognize that market trends may influence the pace at which development occurs, the policy
allows the desired FSR to be phased in over time,provided a site plan is approved that
demonstrates that the densities will be achieved in the fullness of timeupon full build out of the
site.
Built Form Objectives
The Rosenberg Secondary Plan encourages a variety of built form typologies in order to frame
intersections and define entrances to a neighbourhood or community gateway. Built form
typologies are intended to address the street in a manner that supports an attractive
streetscape for the pedestrians by orienting primary entrances towards the public realm
(street) as opposed to internal to the site. In addition, the ground floor of multiple floor uses
are encouraged to contain active uses in Commercial or Mixed Use areas. Along Fischer
Hallman Road,multiple storey buildings are intended to address the street with regard for the
overall impact that a development has on the overall streetscape. Building articulation and
subtle variations in height will contribute to maintaining a pedestrian friendly scale,thus
promoting walkability.
Large Multiple blocks,such as the subject lands,are required to achieve human scale
buildings through their design, siting and orientation on the site in a manner that distributes
heights and massing. The building heights and massing shall transition between the higher
intensity areas along Fischer Hallman Road to the surrounding lower intensity uses in the
residential areas to the east and west.
Streetscape Objectives
The primary function of the Fischer Hallman Road corridor within the Rosenberg Community
for streetscape is as a central spine and focal point for commercial activity, higher densities
and transit supportive mixed use development. Its secondary function is as an Arterial Road
designed to provide efficient pedestrian, bicycle, transit and vehicular movement through out
the transportation network.
Transportation Policies and Objectives
The Rosenberg Community is intended to be a transit supportive community that provides for
a land use pattern and transportation system that over time can achieve a modal travel split
that is 25% of trips via transit. The Region of Waterloo has set this asa target for this compact
urban street form despite its suburban context in order to provide a future I-Xpress level of
transit service in the Rosenberg community. The densities and land uses shall be facing the
street with active uses at the street levelthus encouraging pedestrian use and walkability. To
further encourage transit usage, Transportation Demand Measures (TDM) will form part of the
consideration of development applications in this area.
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The strategy outlines where new development will take place within our city to ensure it is
complementary to our community priorities, and aligned with our future infrastructure
B,which
means the City will actively work on applications.
Zoning By-law
Current Zoning
The (Area 1)portion of the subject lands is currently zoned Business Park Service Centre
Zone-3), while (Area2)-3). Currently the zoning
of the lands for the (Area 1) portion does not align with
Proposed Zoning
The requested zoning by-law amendment will bring the zoning in conformity with the Official
Plan designation so that the two documents align. The proposed zoning for the entire lands
-1). In addition, onesiand one site
specific Special Use Provision will be added to the subject lands.
The first site specific Special Regulation 750Rwill establish new site specific regulations for
maximum front yard setbacks,as well as maximum side yard abutting the streetand rear yard
setbacksto recognize the site specific front and side yard abutting a street conditions post
road widening taken along the Fischer Hallman Road frontage. This regulation will also
establish the minimum rear yard setback and determination that the frontage along Valencia
Street will be the rear lot line on this through lot (lot with multiple frontages). In addition, this
site specific Special Regulation will permit the phasing in of the Floor Space Ratio (FSR) for
the entire site over time,thereby not requiring the minimum FSR in the initial phases provided
the overall approved site plan demonstrates that the minimum FSR will be achieved in the
fullness of time as the site becomes fully developed.
The regulation also establishes a minimum requirement for the provision of commercial uses
on the subject lands.Lastly, a height restriction of 11.5metres, which although slightly higher,
wouldcontinue to onlypermit a 3 storey structureand would provide for better design options
for the buildings. This would alsobe regulated by the site specific Special Regulation in order
to provide a better transition to the residential subdivision to the eastwhich also is permitted
to have a height of 3 storeys albeit to a height of 10.5 metres.
Further, a site specific Special Use Provision 476Uwill be applied to the Phase 2 portion of
the lands facing Valencia Avenuewhich would prohibit commercial uses at this location only,
so as to provide for a more compatible residential interfaceas a transition toward the existing
Huron Village subdivision to the east.
Neighbourhood Comments
During the circulation of this application to the residents in the area, staff received only one
letter from a resident.Although the resident raised a few concerns, the resident made some
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suggestions for staff to consider should the applications be supported.The resident had the
followingquestions or concerns:
Traffic noise and volumesat the intersection of Seabrook and Fischer Hallman Road;
On street/ on siteparking and siteentrance(proposed that entrance beoff of Seabrook
andpropose internal on-site parking location)
Height of buildings (propose to 2 storeys along Valencia)
Proposed a setback of homes along Valencia to 12.5 m (41 feet) including the curb ,
boulevard andwalkway
Traffic Volumes
Fischer Hallman Road is a Regional Arterial Road and isclassified as a Neighbourhood
Collector in the Regional Official Plan. As such,the road is designed to move large volumes
of traffic and will have controlled access. There is a centremedian along this portion of the
road to discourage full access movements. Regional arterial roads, such as Fischer Hallman
Road are connected to the broader regional arterial road and highway network.
A traffic study was completed as part of acomplete submission of this application and was
reviewed by City Transportation Services staff and no concerns with the applications for
Official Plan Amendment and Zoning By-law Amendment proceeding were identified. The
traffic for this area is at acceptable levels and there are no infrastructure improvements
required to accommodate the proposed development.
Traffic Noise
With respect to the noise levels, noise levels were also assessedby Stantec Consulting in a
Noise Assessment Report dated December 2017. Noise warning clauseswill be required to
be registered on title for the live work units, as well as the townhomes fronting along Fischer
Hallman Road.In addition, all of the units noted above will also be required to have central
air conditioning, and the six live work units will also be required to provide acoustical noise
abatement through the glazing of windows and the insulation of the outside walls of the
structure in order to mitigate the noise levels. This will be implemented through a future plan
of condominium process.
Parking
The required parking for lands within a Mixed Use One(MU-1) zonefor the residential uses
is one space per unit, which for this site,would result in 182 required spaces for the residential
uses and 17 spaces for the commercial component for a total of 199 required spaces. The
site has 268 spaces that are provided,including 215 site specific spaces for the units, as well
as 17 commercial and 36 visitor parking spaces. This is a surplus of 69 parking spaces for
the site, all of which are located internal to the site.In addition, the entrance to the site is off
of Seabrook Drive and not off of Valencia Avenue.This addr
Height of Buildings along Valencia
The maximum building height in an MU-1 zone is 13.5 metres, which would permit a 4 storey
structure. The resident inquired about the possibility of limiting the height along Valencia
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Avenueto two storeys in order to provide a better interface with the residential uses on the
opposite side of the street. The applicants have agreed to a height restriction of 11.5 metres
which wouldcontinue topermit a 3 storey structure.This height is slightly higher thanthe 10.5
metres height maximums on the lands on the opposite side of Valencia Avenuein the R-3
zones. Staff feels that this is a reasonable height,as it will allow built formdesignoptions at
an appropriate scale and density to helpmeet the site FSR minimums,while allowing for a
more compatible street edge,as one transitions from the Mixed Use site to the residential
subdivisionto the east.
Proposed Setback from curb
The draft site plan submitted to the City with the application shows a setback of approximately
12.5 metres(approximately 41 feet)from the back of the curb to the buildings proposed along
Valencia. This is consistent with the proposed setback that the resident made in their letter
and should therefore resolve their concern.
Property Values
The last comment raised by the resident was regarding the impact of this proposed
development on property values. It is difficult for planning staff to comment accurately on the
impact that a proposed development may have on the value of nearby homes.Planning staff
understands that MPAC assesses homes based on as many as 200 different factors ranging
from the size of the house and lot, tothe number of bathrooms and quality of the
construction.Market values also depend on ahost of different factors including the state of
Planning staff does not consider
market value to be a land use planning matter.Planning staff focuseson whether the
development is good planning with respect to the community as a whole.The proposed
development, as discussed in previous sections, helps to achieve a number of development
goals set out in the Official Plan and the Kitchener Growth Management Strategy.
Planning Analysis
As stated earlier in the report,the purpose of the Official Plan Amendment 4 isintended to
consolidate 2 previous designations from two different policy documents into one document.
The smaller (Area 2) portion of the subject lands is somewhat of an orphaned piece from the
Huron Community Plan and once the OPA is approved,the lands will be integrated into the
Rosenberg Secondary Plan,so that the site can be developed comprehensively.
This would implement the vision of the Rosenberg Secondary Plan and would simplify
implementation of regulations at the site plan approval stage.A site specific Special
Regulation will be placed on the (Area2)lands exempting these lands only from the provision
of non-residential usesas part of the Mixed Use One (MU-1) Zone.This would provide a
transition in uses, density and heightfrom Fischer Hallman to the Huron Village subdivision.
The proposed development for the subject lands is at a scale and density that will help support
transit usage, will be oriented to the street and willbe of a mix of commercial and live work
units,as well as multiple residential uses.Thissatisfiesthe visionof the secondary plan with
respect to provision of a mix of uses that achieves the planned function of the Fischer Hallman
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corridor,which is to serve as a central spine to the community that supports transit usage.The
scale and intensity of development will also be more intense along Fischer Hallman Road and
will transition into lower scale and density toward the eastern property boundary along Valencia
Avenue,which borders a low rise residential development.
Additional site specific Special Regulations will be applied as noted above in the Proposed
Zoning Section of the report to address site specific needs such as setbacks,minimum
provision of commercial uses,and the FSR.The site contains sufficient parking for the subject
lands and should therefore not have any negative impacts on the surrounding community.The
site has been designed to respect the adjacent neighbourhood. Specific regulations in the by-
law will require the built form to transition in scale and massing from denser mixed use
development including live work units to back to back towns with a lower height and no
commercial uses along Valencia Street,thus presenting amore compatible interface with
residential areas locatedon the opposite side of Valencia Avenue.
ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN:
through the delivery of core service.
FINANCIAL IMPLICATIONS:No new or additional capital budget requests are associated
with these recommendations.
COMMUNITY ENGAGEMENT: Property owners within 120 metres of the subject lands were
circulated notice of the application and a sign was placed on the subject lands. There was 1
comment receivedfrom the publicas a result of the circulationwhich is attached as Appendix
E. As a result no NIM was held. Instead the residents concerns were addressed in the report
under the heading Neighbourhood Comments. The following concerns were raised in the one
piece of correspondence: traffic noise and volumes,sufficient parking, height of buildings along
ValenciaAvenueand setbacks of the development from the curb.Departmental and Agency
F.This report will be
website with the agenda in advance of the council / committee meeting.Also, a notice was
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advertised in the Record on April 18, 2019.
CONCLUSION:
City of Kitchener staff supports the proposed Official Plan Amendment and Zoning By-law
Amendment applications. Staff is of the opinion that the proposed lowintensity mixed use
development containing live work andcommercial uses, together with medium density
residentialuses,is desirable for the future redevelopment and intensification of the subject
lands. The proposed regulations will guide the development to ensure that the site is developed
appropriately and within the context of the Mixed Use Corridor as identified in the Rosenberg
Secondary Plan.
The requested Official Plan and Zoning Bylaw Amendments are more consistent with the
objectives of the Provincial Policy Statement andthe Policies of theGrowth Plan for the
Greater Golden Horseshoe and conforms to both the Regional Official Plan and the City of
Kitchener Official Plan. The applications represent good planning. Planning staff recommends
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thatOfficial Plan Amendment together with the Zoning By-law Amendment applications be
REVIEWED BY:Della Ross-Manager, Development Review
ACKNOWLEDGED BY: Justin Readman -General Manager, Development Services
Attachments:
Appendix A-Official Plan Amendment
-Draft Zoning By-law and Map 1
-Amended Huron Community Plan Map
-Notice
E-Public Comments
F-Agency Comments
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DSD-19-079 - Appendix A
AMENDMENT NO. TO THE OFFICIAL PLAN
OF THE CITY OF KITCHENER
CITY OF KITCHENER
100 Seabrook Drive
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DSD-19-079 - Appendix A
AMENDMENT NO. TO THE OFFICIAL PLAN
OF THE CITY OF KITCHENER
CITY OF KITCHENER
100 Seabrook Drive
INDEX
SECTION 1TITLE AND COMPONENTS
SECTION 2PURPOSE OF THE AMENDMENT
SECTION 3BASIS OF THE AMENDMENT
SECTION 4THE AMENDMENT
APPENDICES
APPENDIX 1Notice of the Meeting of Planning &Strategic Initiatives
Committee of May 13, 2019
APPENDIX 2Minutes of the Meeting of Planning &Strategic Initiatives
CommitteeMay 13, 2019
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APPENDIX 3Minutes of the Meeting of City Council May 27, 2019
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DSD-19-079 - Appendix A
AMENDMENT NO. TO THE OFFICIAL PLAN OF THE CITY OF KITCHENER
SECTION 1 TITLE AND COMPONENTS
This amendment shall be referred to as Amendment No. to the Official Plan of the City of Kitchener.
This amendment is comprised of Sections 1 to 4 inclusive.
SECTION 2 PURPOSE OF THE AMENDMENT
The purpose of the Official Plan Amendment is amend:
Amend Map No. 2Land Use by
Urban CorridorCommunity Areasas shown on the
attached;
Amend Map No. 3 Land Use by
For Detail
as shown on the attachedB;
Amend Map No. 5 Specific Policy Areas
C
Amend Map No.22 a Rosenberg Secondary Plan Community Structure Plan to
identify the lands shown
D
Amend Map No. 22b -Rosenberg Secondary Plan Cultural Heritage Resources to
E
Amend Map No. 22c -Rosenberg Secondary Plan Transportation Network Plan to
AmendmeF
Amend Map No. 22d -Rosenberg Secondary Plan Priority Streets Planto amend
G:
Amend Map No. 22e Rosenberg Secondary Plan Land Use Plan to amend the
boundary of the Secondary Plan and to designate the
H
Amend Map No. 22f Rosenberg Secondary Plan Natural Heritage System and
Water Management to amend the Secondary Plan boundary to include the lands
shown as I
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DSD-19-079 - Appendix A
SECTION 3 BASIS OF THE AMENDMENT
The Phase 2 portion of the subject lands are designated Low Rise Residentialin the Official
Plan, while the balance of the lands aredesignated Mixed Use Onein the Rosenberg Secondary
Plan.
Given that the site has two land use designations within two separate Plans, namely the
Rosenberg Secondary Plan and the Official Plan (Huron Community planning area) the proposed
Official Plan Amendment will remove the Phase 2 portion of the subject lands from theHuron
Community Planarea within the Official Planand in turn, bring these lands into the Rosenberg
Secondary Planand will designate these lands as Mixed Use One. This will ensure that the entire
site is situated within one Secondary Plan and has one land use designation. The proposed
designationin the Rosenberg Secondary Plan
n of the subject
landsalready situated within the Rosenberg Secondary Plan community.
Restrictions will be placed in the zoning of the Phase Two portion through a site specific Special
Use Provision to limit the uses to only residential uses and prohibit commercial uses for this
portion only. In addition, a further Site Specific Regulation will also limit the height of the built form
along the Phase to 2 Portion of the subject lands. Both site specific regulations are intended to
allow for a more compatible interface with the residential subdivision to the east and will align
more closely with the original intended residential uses of the current Low Rise Residential
designationin the Official Plan,asfurther delineated in the Huron Community Plan.
This is a very technical amendment to the Rosenberg Secondary Plan. The implementation of
this Official Plan Amendment will result in map changes toMaps 2,3and 5of the Official Plan,
the Rosenberg Secondary Plan Maps 22 a)to f), as well as the Huron Community Plan.
The amendment as proposed herein is more consistent with the objectives of the Provincial Policy
Statement and the Policies of the Growth Plan for the Greater Golden Horseshoe, than the
existing Institutional land use designation as described in Report DSD19-079.The Official Plan
Amendment conforms to the Regional Official Plan. Staff isof the opinion that the proposed
Official Plan Amendment represents good planning, and recommendsthat the proposed Official
Plan Amendment be approved.
SECTION 4 THE AMENDMENT
The City of Kitchener Official Plan is hereby amended as follows:
a)Amend Map No. 2Land Use by
Urban CorridorCommunity Areasas shown on the attached;
b)Amend Map No. 3 Land Use by
For Detailas shown on the
attached;
c)Amend Map No. 5 Specific Policy Areas to
d)Amend Map No.22 a Rosenberg Secondary Plan Community Structure Plan to identify the
lands shown a
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DSD-19-079 - Appendix A
e)Amend Map No. 22b -Rosenberg Secondary Plan Cultural Heritage Resources to amend
attached Sche
f)Amend Map No. 22c -Rosenberg Secondary Plan Transportation Network Plan to amend
g)Amend Map No. 22d -Rosenberg Secondary Plan Priority Streets Planto amend the
h)Amend Map No. 22e Rosenberg Secondary Plan Land Use Plan to amend the boundary
of the Secondary Plan and to designate the la
i)Amend Map No. 22f Rosenberg Secondary Plan Natural Heritage System and Water
I
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DSD-19-079 - Appendix A
APPENDIX D: Notice of the Planning & Strategic Initiatives Committee Meeting (May 13, 2019)
PROPERTY OWNERS AND INTERESTED PARTIES ARE INVITED
TO ATTEND A PUBLIC MEETING TO DISCUSS
A PROPOSED OFFICIAL PLAN AMENDMENT & AMENDMENT TO THE KITCHENER ZONING BY-LAW
UNDER THE SECTIONS 17, 22 & 34 OF THE PLANNING ACT
100 Seabrook Road
Activa Holding Inc. is proposing Official Plan and Zoning By-law Amendments forthe lands at 100 Seabrook
Drive to bring the lands into the Rosenberg Secondary Planning Communityfor low intensity mixed uses
including multiple residential, commercial and live work units.Site specific zoning regulations will also apply
to the subjectlands.
The public meeting will be held by the Planning & Strategic Initiatives Committee, a Committee of
Council which deals with planning matters, on:
Monday, May13th , 2019 at 7:00 P.M.
nd
COUNCIL CHAMBERS, 2FLOOR, CITY HALL
200 KING STREET WEST, KITCHENER.
Any person may attend the public meeting and make written and/or verbal representation either in support
of, or in opposition to, the above noted proposal. If a person or public body would otherwise have an
ability to appeal the decision of theCity of Kitchener to the Local Planning Appeal Tribunal, but the
person or public body does not make oral submissions at a public meeting or make written
submissions to the City of Kitchener prior to approval/refusal of the proposal, the person or public
body is not entitled to appeal the decision.
ADDITIONAL INFORMATIONis available by contacting the staff person noted below, viewing the staff report
contained in the agenda (available approximately 10 days before the meeting -
https://calendar.kitchener.ca/council -click on the date in the calendar, scroll down & selectmeeting), or in
th
person at the Planning Division, 6Floor, City Hall, 200 King Street West, Kitchener between 8:30 a.m. -5:00
p.m. (Monday to Friday).
Juliane vonWesterholt, Senior Planner -519-741-2200 ext. 7157 (TTY: 1-866-969-9994);
juliane.vonwesterholt@kitchener.ca
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DSD-19-079 - Appendix A
APPENDIX 2: Minutes of the Planning &Strategic Initiatives Committee Meeting (May13th, 2019)
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DSD-19-079 - Appendix A
APPENDIX 3-Minutes of the Meeting of City Council
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DSD-19-079 - Appendix A
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DSD-19-079 - Appendix A
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DSD-19-079 - Appendix B
BY-LAW NUMBER
OF THE
CORPORATION OF THE CITY OF KITCHENER
(Being a by-law to amend By-law No. 85-1, as amended,
known as the Zoning By-law for the City of Kitchener
-Activa Holdings Inc.-100 Seabrook Drive)
WHEREAS it is deemed expedient to amend Zoning By-law 85-1;
NOW THEREFORE the Council of The Corporation of the City of Kitchener
enacts as follows:
1.Schedule Numbers 96 and109-law Number 85-1arehereby
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
Business Park Service Centre Zone(B-3) with Special Use Provision 330U to Low
Intensity Mixed Use Corridor Zone (MU-1) with Special Regulation Provision 750R.
2.Schedule Number 109-law Number 85-1 is hereby
amended by changing the zoning applicable to the parcel of land specified and
illustrated as Area 2 on Map No. 1, in the City of Kitchener,attached hereto,from
Residential Six (R-6) to Low Intensity Mixed Use Corridor Zone (MU-1) with
Special Regulation Provision 750R and Special Use Provision 476U.
3.-law Number 85-1 are hereby
further amended by incorporating additional zone boundaries as shown on Map
No. 1 attached hereto.
4.-law 85-1 is hereby amended by adding Section 476U thereto
as follows:
Notwithstanding Section 53.1 of this By-law, within the lands zoned
MU-1 as shown on Sch
shown as beingaffected by this subsection, non-residential uses
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DSD-19-079 - Appendix B
5.-law 85-1 is hereby amended by adding Section 750R thereto
as follows:
.Notwithstanding Section 53.2 ofthis By-law, within the lands zoned
MU-
the following special regulations shall apply:
i)the front yard shall be the lot line abutting Fischer Hallman
Road;
ii)the rear yard shall bethe lot line abutting Valencia Avenue;
iii)the maximum front yard setback shall be 8.7metres;
iv)the minimum rear yard setback shall be 5.2 metres;
v)the maximum building height along Valencia Avenue shall be
11.5 metres;
vi)dwelling units may be permitted on the ground floor of the
mixed use building;
vii)that a minimum of 400 squaremetres of commercial uses be
provided on the subject lands;
viii)each individual phase of development is not required to satisfy
the minimum floor space ratio requirement of 0.6, provided an
overall site plan has been prepared and approved
demonstrating that the minimum floor space ratio will be
6.This By-law shall become effective only if Official Plan Amendment No. ____, (100
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DSD-19-079 - Appendix B
Seabrook Drive) comes into effect, pursuant to Section 24 (2) of the Planning Act,
R.S.O.1990, c.P.13, as amended.
PASSED at the Council Chambers in the City of Kitchenerthis
day of , 2019
__________________________
Mayor
__________________________
Clerk
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DSD-19-079 - Appendix B
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DSD-19-079 - Appendix D
APPENDIX D: Notice of the Planning & Strategic Initiatives Committee Meeting (May 13, 2019)
PROPERTY OWNERS AND INTERESTED PARTIES ARE INVITED
TO ATTEND A PUBLIC MEETING TO DISCUSS
A PROPOSED OFFICIAL PLAN AMENDMENT & AMENDMENT TO THE KITCHENER ZONING BY-LAW
UNDER THE SECTIONS 17, 22 & 34 OF THE PLANNING ACT
100 Seabrook Drive
Activa HoldingsInc. is proposing Official Plan and Zoning By-law Amendments forthe lands at 100
Seabrook Drive to bring the lands into the Rosenberg Secondary Planning Communityforlow intensity
mixed uses including multiple residential, commercial and live work units.Site specific zoning regulations
will also apply to the subjectlands.
The public meeting will be held by the Planning & Strategic Initiatives Committee, a Committee of
Council which deals with planning matters, on:
MONDAY, MAY13, 2019 at 7:00 P.M.
nd
COUNCIL CHAMBERS, 2FLOOR, CITY HALL
200 KING STREET WEST, KITCHENER.
Any person may attend the public meeting and make written and/or verbal representation either in support
of, or in opposition to, the above noted proposal. If a person or public body would otherwise have an
ability to appeal the decision of theCity of Kitchener to the Local Planning Appeal Tribunal, but the
person or public body does not make oral submissions at a public meeting or make written
submissions to the City of Kitchener prior to approval/refusal of the proposal, the person or public
body is not entitled to appeal the decision.
ADDITIONAL INFORMATIONis available by contacting the staff person noted below, viewing the staff report
contained in the agenda (available approximately 10 days before the meeting -
https://calendar.kitchener.ca/council -click on the date in the calendar, scroll down & selectmeeting), or in
th
person at the Planning Division, 6Floor, City Hall, 200 King Street West, Kitchener between 8:30 a.m. -5:00
p.m. (Monday to Friday).
Juliane vonWesterholt,Senior Planner -519-741-2200 x7157 (TTY: 1-866-969-9994);
juliane.vonwesterholt@kitchener.ca
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