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HomeMy WebLinkAboutDSD-2022-407 - Official Plan Amendment OPA22/006/R/TS - Zoning By-law Amendment ZBA22/010/R/TS - 27 Roy Street - RFB DevelopmentsStaff Report r NJ :R Development Services Department www.kitchener.ca REPORT TO: Planning and Strategic Initiatives Committee DATE OF MEETING: September 12, 2022 SUBMITTED BY: Garett Stevenson, Interim Director of Planning, 519-741-2200 ext. 7070 PREPARED BY: Tim Seyler, Planner, 519-741-2200 ext. 7860 WARD(S) INVOLVED: Ward 10 DATE OF REPORT: August 10, 2022 REPORT NO.: DSD -2022-407 SUBJECT: Official Plan Amendment OPA22/006/R/TS Zoning By-law Amendment ZBA22/010/R/TS 27 Roy Street RFB Developments RECOMMENDATION: That Official Plan Amendment Application OPA22/006/R/TS for RFB Developments requesting the addition of Special Policy Area 11 for the lands specified and illustrated as the "Area of Amendment" on Schedule "A", be adopted in the form shown in the Official Plan Amendment attached to Report DSD -2022-407 as Attachment "A", and accordingly forwarded to the Region of Waterloo for approval; AND, That Zoning By-law Amendment Application ZBA22/010/R/TS for RFB Developments, - requesting a change from Residential Five Zone (R-5) with Special Use Provision 164U to Residential Five Zone (R-5) with Special Use Provision 164U and Special Regulation Provision 781R, be approved in the form shown in the "Proposed By-law" dated September 12, 2022 for the lands illustrated on "Map No. 1" attached to Report DSD -2022-407 as Attachment "B". REPORT HIGHLIGHTS: • The purpose of this report is to provide a professional planning recommendation on Official Plan Amendment and Zoning By-law Amendment applications for the property located at 27 Roy Street. • Community engagement included: o Circulation of a notice letter to residents and owners of property within 240 metres of the subject property; o Installation of a large billboard notice sign on the property; o Staff received 2 neighbourhood responses and corresponded directly with the members of the public; and, o Notice of the public meeting was advertised in The Record on August 19, 2022. This report supports the delivery of core services. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 98 of 350 EXECUTIVE SUMMARY: The owner of the property at 27 Roy Street is proposing to add Special Policy Area 11 to the Official Plan (Civic Centre Secondary Plan) and to amend Zoning By-law 85-1 to add a special regulation provision to add an artisan's establishment and restaurant as permitted uses in the same building as residential uses. Planning staff are supportive of the subject applications for an Official Plan Amendment and Zoning By-law Amendment to permit the uses of artisan's establishment and restaurant in the same building as residential uses, as well as the requested site specific regulations for lot area, lot width and reduced parking requirement for the commercial uses. BACKGROUND: RFB Developments has made an application to the City of Kitchener for an Official Plan Amendment and a Zoning By-law Amendment proposing to allow an artisan's establishment and restaurant use within the same building as residential uses. The subject site is approximately 13.72 metres wide, approximately 30.48 metres deep and has an area of 0.04 hectares. The subject site currently contains a single detached dwelling. The existing building is proposed to remain, and the interior is to be renovated to accommodate three dwelling units, as well as an additional unit for an artisan's establishment and restaurant. The site is located on the south (east) side of Roy Street between Queen Street North and Young Street. Al RyRFN UQv SSTGL OHO ST JOJ�C� sT SUBJECT =� AREA SR�c RST �<Cr O 0 00 DIES STfy SNF ��QFR STF Figure 1 — Location Map: 27 Roy Street REPORT: RFB Developments are proposing to convert the existing single detached dwelling to a mixed use building containing three dwelling units, and 1 commercial unit for an artisan's establishment and restaurant use. A small rear addition is also proposed. Site specific zoning is also requested to legalize the lot width, lot area and to provide a reduced parking rate for the commercial uses. The application was received and circulated for comment in June 2022. Planning Staff are supportive of the proposed mixed-use building containing three dwelling units and one commercial unit and are Page 99 of 350 supportive of the requested Zoning By-law Amendment and Official Plan Amendment applications to permit an artisan's establishment and a restaurant as permitted uses. The artisan's establishment and restaurant use will be within the main floor unit, which will be approximately 103m2. The intent of the artisan's establishment use is to provide studio, workshop and a multi -functional community space at a small scale for neighbourhood use. The restaurant space will be a small-scale cafe used as an accessory to the artisan's establishment. Planning Analysis: Provincial Policy Statement, 2020 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 order to sustain healthy, liveable and safe communities. Section 1.4.3(b)2 of the PPS promotes all types of residential intensification, including additional residential units and redevelopment. It also promotes the integration of land use planning, growth management, transit supportive development, intensification, and infrastructure planning to achieve cost-effective development patterns, optimization of transit investments, and standards to minimize land consumption and servicing costs. With respect to efficient development, the proposed applications represent an opportunity to convert an under-utilized building with a mix of uses including two additional dwelling units and an artisan's establishment and restaurant. The property is within a neighbourhood with existing servicing and established transportation, trails, and transit networks aligns with the provincial policies in the PPS related to optimization of infrastructure, transit, and active transportation. The intensification of this site will minimize land consumption and servicing costs. Based on the above, staff is of the opinion that this proposal is in conformity with the PPS. A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 (Growth Plan): The Growth Plan supports a range and mix of housing options to serve all sizes, incomes, and ages of households. It also supports the achievement of complete communities that are designed to support healthy and active living and meet people's needs for daily living throughout an entire lifetime. Policy 2.2.6.1(a) states that municipalities will support housing choice through the achievement of the minimum intensification and targets in this Plan... by identifying a diverse range and mix of housing options and densities, including additional residential units and affordable housing to meet projected needs of current and future residents. The subject site is located within the City's delineated built-up area. The proposed development represents adaptive reuse of an existing building with a greater intensification of residential uses by adding two residential units and adding one unit for commercial purposes. The proposed Special Policy Area and site-specific zoning will allow for additional dwelling units and new uses within an area that has existing servicing infrastructure, roads, trails, parks, and transit networks. This type of redevelopment is critical to foster a complete community in built up areas where they are needed. Staff is of the opinion that the applications conform to the Growth Plan. Regional Official Plan (ROP): The subject site is located within the Urban Area in the Regional Official Plan. Regional policies require Area Municipalities to plan for a range of housing in terms of form, tenure, density, and affordability to satisfy the various physical, social, economic, and personal support needs of current and future residents. Page 100 of 350 Furthermore, policy 2.D.1 states that in reviewing development applications, the Region and area municipalities will ensure that development occurring within the urban area is planned and developed in a manner that: • is serviced by a municipal; drinking -water system and a municipal wastewater system • contributes to the creation of complete communities with development patterns, densities and an appropriate mix of land uses that supports walking, cycling and the use of transit • respects the scale, physical character, and context of established neighbouhoods in areas where re -urbanization is to occur. On April 21, 2021, Regional Council endorsed Major Transit Stations Area (MTSA) boundaries as part of the ongoing Regional Official Plan review, which includes these lands. Section 2.D.6(a) & (b) states that MTSA's will be planned and developed to achieve increased densities that support and ensure the viability of existing planned rapid transit service levels, and a mix of residential, office, institutional and commercial development, wherever appropriate. The MTSA boundaries were part of the amendment to the Regional Official Plan which was approved on August 18, 2022. Planning staff is of the opinion that the proposed development conforms to the Regional Official Plan and is appropriate for a built up area. Regional staff have indicated that they have no objections to the proposed application (Appendix D) Planning staff are of the opinion that the applications conform to the Regional Official Plan. City of Kitchener Official Plan and proposed Official Plan Amendment: The subject lands are located within a Major Transit Station Area (MTSA) and are located less than 300 metres (approximately 3 blocks south) from the Young -Duke Street bus transit stop and the Kitchener City Hall LRT station. MTSA's are intended to be developed to achieve a mix of residential, office, institutional and commercial uses. Properties within MTSAs are intended to have a built form that is pedestrian friendly and transit oriented. The subject lands are designated as `Office Residential Conversion' in the Civic Centre Secondary Plan. Section 13.1.2.6 states that the designation of Office Residential Conversion aims to both preserve the existing structures in these areas and serve as a transition area between the higher intensity uses along Weber Street and Queen Street and the Low Rise Residential — Preservation designation of the interior of the neighbourhood. Permitted uses are restricted to single detached dwellings, and the conversion of existing buildings to multiple dwellings up to a maximum of three units and professional offices. Residential and office uses may be permitted to locate within the same building. Conversions will be permitted only where no major structural alterations are required to the exterior of the building. Planning staff are of the opinion that these lands are in a transition area and are an opportunity for residential intensification within an established building, where the only structural changes to the exterior of the building are in the form of a rear yard addition. Amendment: Special Policy Area Planning staff are recommending Special Policy Area 11 for the subject site to permit the uses of artisan's establishment and restaurant within the same building as residential uses. Transit Supportive Development The Official Plan states that MTSAs are a conceptual representation of the area of a ten-minute walking radius centered around the location of rapid transit station stops. The planned function of MTSAs are to provide a focus for accommodation growth through development to support existing and planned transit and rapid transit service levels; provide connectivity of various modes of transportation to the transit system; achieve a mix of residential, office, institutional, and commercial Page 101 of 350 development wherever appropriate and; have streetscapes and a built form that is pedestrian - friendly and transit oriented. The Official Plan contains policies that ensure that redevelopment locates the majority of transit supportive uses within a comfortable walking distance of a transit stop. Section 3.C.2.22 a) i) states that until such time as Station Area Plans are completed, in the interim, any development application submitted within a Major Transit Station Area will be reviewed generally in accordance with the Station Study Areas contained in the City's Planning Around Rapid Transit Station Areas (PARTS) Project Plan and Background Report. In areas that are intended to be the focus for intensification, development applications will support the planned function of Major Transit Station Areas and have regard for the Regional Official Plan and the Transit Oriented Development Policies included in Section 13.C.3. Specifically policy 13.C.3.12 c) states that the City will apply Transit -Oriented Development provisions when reviewing development and/or redevelopment applications on or near sites that are served by existing or planned rapid transit to ensure that a redevelopment provides an appropriate mix of land uses, including a range of food destinations that allow people to walk or take transit to work, and provides a variety of services and amenities that foster vibrant, transit -supportive neighbourhoods. Planning staff notes that the subject site is approximately 300 metres from an LRT transit stop located on Duke Street that provides connections to the broader Waterloo Region transit system. The adaptive re -use of an existing building that is proximate to a transit corridor helps achieve this objective in the Official Plan. Urban Structure The City's Urban Structure is composed of Intensification Areas which include the Urban Growth Centre (Downtown), Major Transit Station Areas (MTSA), City Nodes, Community Nodes, Neighbourhood Nodes, Urban Corridors and Arterial Corridors. They are connected by transit corridors and the integrated transportation system which are key elements in shaping growth and built form in the city. Policy 3.C.2.1 states that lands within Urban Structure Components will be designated an appropriate land use to achieve their planned function. The policies pertaining to each Urban Structure component stipulate what the applicable land use designations may include. The lands are identified as an MTSA in the 2014 Official Plan. In the Official Plan on Map 2 — Urban Structure the lands appear within the MTSA circle for the Kitchener City Hall Station. Section 3.C.2.16 of the Official Plan indicates that MTSAs are designated in the Regional Official Plan and are identified in the City's Official Plan as a conceptual representation of the area of a ten minute walking radius centred around the location of the Rapid Transit Stops. In Section 3.C.2.18 it states that the City, in collaboration with the Region and in accordance with Regional Official Plan, will prepare Station Area Plans for each MTSA area located outside the UGC. The Official Plan provides direction for detailed station area planning exercises, which have been completed for Central, Midtown and Rockway stations areas. The subject lands are located within the PARTS Central Plan. In December 2019 a statutory public meeting for the Neighbourhood Planning Review project was held. No decisions were made at this meeting. Since then, the Region of Waterloo commenced the Regional Official Plan Review project and as part of that work, the Region proposed MTSA boundaries which were endorsed by Regional Council. Due to the changes in the Provincial Growth Plan and the Region's Official Plan Review, the timeline for consideration of the Secondary Plans has changed and the earliest implementation of the Neighhourhood Planning Review work can be considered is early 2023. Page 102 of 350 Housinci The Official Plan supports the provision of suitable, affordable and attractive living accommodations for all residents and identifies that housing is a basic necessity and determinant of quality of life. An objective within the housing policies in the Official Plan is to encourage residential intensification and/or redevelopment, including adaptive re-use and infill opportunities to respond to changing housing needs and as a cost-effective means to reduce infrastructure and servicing costs by minimizing land consumption and making better use of existing community infrastructure. Planning staff is of the opinion that the proposed re-use of the existing building is a good example of residential intensification and responding to changing housing needs in an efficient manner. Proposed Zoning By-law Amendment: The subject property is zoned Residential Five Zone (R-5) with Special Use Provision 164U in Zoning By-law 85-1. The R-5 zone permits multiple dwellings up to a maximum of 3 dwelling units and 164U permits office and accessory uses only within the buildings existing on January 24, 1994. The applicant has requested to add an artisan's establishment and restaurant as permitted uses within the same building as residential units. Furthermore, site-specific zoning regulations for lot width, lot area and parking have also been requested to legalize the existing size of the lot, and to permit a reduced parking rate for the commercial uses of artisan's establishment and restaurant. The minimum lot width and lot area required within the Zoning By-law is 15 metres and 495 square metres respectfully. The request will legalize the existing lot width and lot area, which will have minimal impacts on the surrounding neighbourhood. The requested parking reduction of 1 parking space per 167 square meters for commercial use, requires only 1 parking space for the commercial uses whereas the required parking calculation of 1 space per 40 square metres for artisan's establishment and 1 space per 7.5 square metres for restaurant use, which would require a substantial increase in parking spaces that the development would not be able to provide. Staff support the parking reduction as there are adequate alternative modes of transportation available due to the proximity of the LRT and bus stops. Furthermore, the applicant is proposing 4 Class A, and 6 Class B bicycle parking spaces. Staff is of the opinion that the proposed site specific provision to permit an artisan's establishment and restaurant within the same building as residential uses conforms to Official Plan policies that allow for residential intensification within existing buildings in a MTSA. This proposal will provide an opportunity for an adaptive re-use form of redevelopment that will offer a slight increase to the City's supply of housing stock, and allow for a small scaled non-residential uses. Staff is of the opinion that the requested zoning by-law amendment represents good planning. Staff recommend that the proposed Zoning By-law amendment be approved as shown in Attachment "B". Department and Agency Comments: Preliminary circulation of the Official Plan Amendment and Zoning By-law Amendment was undertaken on June 3, 2022 to applicable City departments and other review authorities. No concerns were identified by any commenting City department or agency. Copies of the comments are found in Attachment "D" of this report. The following reports and studies were considered as part of this proposed Official Plan Amendment and Zoning By-law Amendment: • Planning Justification Report Prepared by GSP Group Inc., March 2022 Page 103 of 350 • Heritage Conservation Plan Prepared by RFB Development, October 2021 • Functional Servicing and SWM Brief Prepared by MTE Consultants, March 2022 • Transportation Impact Study Prepared by Paradigm Transportation Solutions Ltd., March 2022 • Tree Management Plan Prepared by GSP Group Inc., February 2022 Heritage Considerations The property municipally addressed as 27 Roy Street is located within the Civic Centre Neighborhood Heritage Conservation District (CCNHCD) and is designated under Part V of the Ontario Heritage Act. The property is identified as a Group `B' in the CCNHCD Plan. Heritage staff have reviewed the Planning Justification Report and Conservation Plan submitted, and Heritage staff have the following comments: • The proposed development will preserve the existing building, and repair and restore the identified heritage attributes of the existing building. Furthermore, the two additions that have been proposed for the development are located on the rear elevation of the property and are not anticipated to detract from the cultural heritage value of the property. No adverse impacts to the building, the streetscape or the district are anticipated because of the OPA and ZBA. As such, heritage planning staff have no concerns with the proposed ZBA and OPA. However, Heritage Planning staff require that an updated Conservation Plan be submitted at the Site Plan Application stage demonstrating conformity with the policies for alterations and additions included within the CCNHCD as neither the Conservation Plan nor the Planning Justification Report include those currently. A heritage permit will be required to undertake the proposed work included within the Conservation Plan. Staff will be providing additional comments at the Site Plan Application stage. Community Input and Staff Response: Staff mailed postcards advising of the applications the week of June 3, 2022 to residents and property owners within 240 metres of the subject site. As a result of the circulation, staff only received two responses. Staff reached out to each respondent individually by email rather than having a neighbourhood meeting. One respondent expressed support for the proposal, and the other requested further information on specific zoning requirements, definitions of artisan's establishment, and timing on when Zoning By-law 2019 would come into effect, which was subsequently provided. Neither respondent had expressed any concerns with the applications. Planning Conclusions: In considering the foregoing, staff are supportive of the proposed Official Plan Amendment and Zoning By-law Amendment applications to permit an artisan's establishment and restaurant uses within the same building as a residential use. Staff is of the opinion that the subject applications are consistent with policies of the Provincial Policy Statement (2020), conform to the Growth Plan for the Greater Golden Horseshoe, the Regional Official Plan, and the City of Kitchener Official Plan and represent good planning. Page 104 of 350 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 committee meeting. A billboard notice sign was posted on the property and information regarding the application posted to the City's website in June 2022. A notice of the public meeting was placed in the newspaper on August 19, 2022 (Attachment "C"). CONSULT — The notice of application postcard for the proposed Official Plan Amendment and Zoning By-law Amendment was circulated to property owners and residents within 240 metres of the subject site on June 3, 2022. In response to the circulation, 2 responses were received by email. Both respondents were contacted by email. There are no outstanding community comments. PREVIOUS REPORTS/AUTHORITIES: • Zoning By-law 85-1 • Official Plan • Civic Centre Secondary Plan • Regional Official Plan • Provincial Policy Statement, 2020 • Planning Act • Growth Plan for the Greater Golden Horseshoe, 2020 APPROVED BY: Justin Readman — General Manager, Development Services ATTACHMENTS: Attachment A — Proposed Official Plan Amendment and Schedule A Attachment B — Proposed Zoning By-law Amendment and Map Attachment C — Newspaper Notice Attachment D — Department and Agency Comments Attachment E — Public Comments Page 105 of 350 AMENDMENT NO. ## TO THE OFFICIAL PLAN OF THE CITY OF KITCHENER CITY OF KITCHENER 27 Roy Street Page 106 of 350 AMENDMENT NO. ## TO THE OFFICIAL PLAN OF THE CITY OF KITCHENER CITY OF KITCHENER 27 Roy Street Iki,IW*V11 SECTION 1 TITLE AND COMPONENTS SECTION 2 PURPOSE OF THE AMENDMENT SECTION 3 BASIS OF THE AMENDMENT SECTION 4 THE AMENDMENT APPENDICES APPENDIX 1 Notice of the Meeting of Planning and Strategic Initiatives Committee of September 12, 2022 APPENDIX 2 Minutes of the Meeting of Planning and Strategic Initiatives Committee — September 12, 2022 APPENDIX 3 Minutes of the Meeting of City Council — September 26, 2022 Page 107 of 350 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 and Schedule `A'. SECTION 2 — PURPOSE OF THE AMENDMENT The purpose of this amendment is to add Special Policy Area 11 to the Civic Centre Secondary Plan and to add a Special Policy Area 11 to Map 9 in the Official Plan. Special Policy Area 11 permits an artisan's establishment and restaurant as permitted uses for the subject property, municipally known as 27 Roy Street. The amendment comprises of the following changes: Map 9 is proposed to be amended by adding Special Policy Area 11 to the lands municipally known as 27 Roy Street. Section 13.1.13 is proposed to be amended by adding Special Policy 13.1.3.11 to permit an artisan's establishment and restaurant as permitted uses within a building containing a residential use. SECTION 3 — BASIS OF THE AMENDMENT The subject lands are located at 27 Roy Street. The subject lands are designated "Office - Residential Conversion" in the Civic Centre Secondary Plan, which forms part of the Official Plan. The purpose of the Office Residential Conversion designation is to "preserve the existing structures in these areas and to serve as a transition area between the higher intensity uses along Weber Street and Queen Street and the Low Rise Residential — Preservation designation of the interior of the neighbourhood". Permitted uses for lands designated as Office -Residential Conversion include the conversion of existing buildings to multiple dwellings up to a maximum of three units. The subject lands are also located within a Major Transit Station Area (MTSA) which is considered a primary intensification area. An Official Plan Amendment is required to add a Special Policy Area to permit an artisan establishment and restaurant as permitted uses within a building containing a residential use. The proposed development, being a mixed-use building with three dwellings units and an artisans establishment and restaurant, will implement the planned function set out in the Official Plan for lands within a MTSA as being a compact, dense and transit supportive, Page 108 of 350 while still maintaining a low-rise form of development. The proposal is consistent with the Provincial Policy Statement, conforms to the Growth Plan and complies with the Regional Official Plan, as it promotes walkability, is transit - supportive, maximizes the use of existing and new infrastructure, and will permit a compact and complete community through the repurposing of existing space. The additional uses are proposed to be within the existing building, with minor exterior changes including an addition in the rear yard. The proposed development implements the planned function of a Major Transit Station Area as prescribed in the Official Plan. SECTION 4 — THE AMENDMENT 1. The Civic Centre Secondary Plan is hereby amended as follows: a. Part 3, Section 13.1.3 Special Policies is amended by adding Special Policy 13.1.3.11 thereto as follows: 11. Notwithstanding the Office -Residential Conversion land use designation and policies applied to the property located at 27 Roy Street, an artisan's establishment and restaurant shall also be permitted within a building containing a residential use." b. Map 9 — Civic Centre Neighbourhood Plan for Land Use is amended by adding Special Policy Area No. 11 to the lands municipally addressed as 27 Roy Street as shown on the attached Schedule W. Page 109 of 350 APPENDIX 1 - Notice of the Meeting of Planning and Strategic Initiatives - Committee of September 12, 2022 Page 110 of 350 APPENDIX 2 - Minutes of the Meeting of Planning and Strategic Initiatives Committee - September 12, 2022 Page 111 of 350 APPENDIX 3 - Minutes of the Meeting of City Council - September 26, 2022 Page 112 of 350 <1Z (0 z� (0 O a ° 76- (2) )L c .--. (2) • ° Q d W (0 a) o (0 a) C L V p N ° -0-a ° ca ° > ) cuU c L L CU LL w0p d °� a � > E - � � j O H 2 z O�z�a - a°) a) � a) o E a`) L o Y w°. -a -a c—Q �CU HWpJ a n U o E � E ° ° °/°° ° W z Z LUv o Eaci� c _ UmOW U °-0 W o c o U) Up�OZ aci aci U F- W V W Q a� a� 0 c ai 0 c u°i d Q ca o o Q a� ami LL za D 0 0 E= -a U U 0O�cn O a o 0 0 ° °_� °_� x o o a c o o_ J J J 2 I O 2 I 2 U Z m U) a U QLL�� ¢; e � �:•■ UJI n; CO f Ih, �'r, - 11111:1:1.4 ,�•• `t,ti � r :ti if .7 ' °.} - \ � { — - Al C°M13 r Z 7 _ N 0 N COfx O N NQ m N a LL O E O o z O Z Z W L J 0- W F- LLI Zz Lu S W U a 2 Q'o Q YW Z Q2 J 0 > J i m w Z a C) Z o LL Z > O ON o 0 w U) w U) N w o Of O N H O C:5- LLI O co r Q w J U Q U) 0 a = w ° F-- J m C/) O � Q � _ L ti U o N z O PROPOSED BY-LAW September 12, 2022 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 — Ronald Fiami Brohman - 27 Roy Street) WHEREAS it is deemed expedient to amend By-law 85-1 for the lands specified above,- NOW bove; NOW THEREFORE the Council of the Corporation of the City of Kitchener enacts as follows: 1. Schedule Number 121 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 Residential Five Zone (R-5) with Special Use Provision 164U to Residential Five Zone (R-5) with Special Use Provision 164U and Special Regulation Provision 781 R. 2. Schedule Number 121 of Appendix "A" to By-law Number 85-1 is hereby further amended by incorporating additional zone boundaries as shown on Map No. 1 attached hereto. 3. Appendix "D" to By-law 85-1 is hereby amended by adding Section 781R thereto as follows: "781. Notwithstanding Sections 39.1 and 39.2.4 and Special Use Provision 164U of this By-law, within the lands zoned Residential Five Zone (R-5), shown as affected by this subsection, on Schedule Number 121 of Appendix "A", the following special regulations shall apply: a) An Artisan's Establishment and Restaurant shall be permitted uses and may locate within a building containing residential uses; b) the Minimum lot area shall be 418.06 square metres; C) the Minimum lot width shall be 13.72 metres; and Page 114 of 350 d) Off -Street Parking For Commercial Uses shall be 1 parking space per 167 square metres of gross floor area." 4. This By-law shall become effective only if Official Plan Amendment No. _ (27 Roy Street) comes into effect, pursuant to Section 24(2) of the Planning Act, R.S.O. 1990, c. 2022. P.13, as amended. PASSED at the Council Chambers in the City of Kitchener this _ day of , Mayor Clerk Page 115 of 350 a L�j�x LL O E 0 N / m ) C/) N L.I� v J L 1_ O \ O O z N O z \ Z m Q La N a O Ate+ W W W Z �Q W Vn D o +_� wz�i0 Q �O2 LU � Q U) Z W J J �a rmaV0 V Q i Z U o Z LL N O id .' of o M �Z / O of rn W 0 0 ZO w0 W OU U ZO F- F U) Q i J J J W 'n z 0 ZLLJ Z�Z� —0 d Q Q Q J J U) H F- F- Q W Q� of W X W W Z LO 00 La 0o Z Z Z F Z � W O z OizpiO a >0N0 o � � Z W� F X U U U W O Z N O W N O w= w Q J LLI _ J LL a W d Of af a r1iO- U) �' �' �' Z W U` U) Lu N Z> X> U` Z U U Z m H Q m Q W W W U` U) Q Q Q O �' Y Z (n W rjLU LL (n (n W Z N Z J W ♦- J� W 0 Z Q d' W of U) Q W} W Z Y J J J J J d' Q Q Q Q Q W_ Q O Z w Q LLIJ J H p Q Z Q Q 0- 5-0 - W W W 0 d' Z z Z d Z Z Z Z Z O Z X N O H W U w W w U coo 2 2 2 J U 2 Y= � 0 0 0 0 0 0 J Z W N W LLI p��ILLLI FnILa O O O W LL O Q O m U U U U U w w w w w C7pdW IL m W W O p J N ch d' O U o z N Z a �' d' d' �' d' Z 2 Q U U) o - O -Z Q Q LL H� Q v «� N j0D0� CO U 0 0 0 0 0 0- 2 N u� co ao rn 2 N a o�- a� a� a� of o N U O Y M 04 v �` U �N U� U oar _• -� �, 1 r e o N aae N a ,e� 1 N � r C4 C4 a L�j�x LL O E 0 N / m ) C/) N L.I� v J L 1_ O \ O O z N O z \ Z m Q La N a O Ate+ W W W Z �Q W Vn D o +_� wz�i0 Q �O2 LU � Q U) Z W J J �a rmaV0 V Q i Z U o Z LL N O id .' M / oar _• -� �, NOTICE OF PUBLIC MEETING F for a development in your neighbourhood %\ 27 Roy Street K�T�R Have Your Voice Heard! Curren Date: September 12, 2022 Time: 6:00 p.m. Location: Council Chambers, Kitchener City Hall 200 King Street West orirtual Zoom Meeting To view the staff report, agenda, find meeting details or to appear as a delegation, visit: kitchener.ca/meetings To learn more about this project, including information on your appeal rights, visit: www.kitchenenca/ Pla n n i ngAppl ications or contact: Mixed Use Parking Heritage Tim Seyler, Planner Building Reduction Conservation 519.741.2200 x 7860 ti m.seyler@ kitchener.ca Official Plan and Zoning By-law Amendment applications will be considered to facilitate the redevelopment of the existing building to a mixed-use building that will permit residential uses, an artisan's establishment and a restaurant use. The amendments also propose to permit a parking rate of 1 parking space per 167 square metres of floor area, a reduced lot width of 13.7 metres and a reduced lot area of 418 square metres. Page 117 of 350 Attachment D Date: July 5, 2022 To: Tim Seyler, Planner From: Deeksha Choudhry, Heritage Planner cc: Subject: ZBA22/010/R/TS OPA22/006/R/TS 27 Roy Street Heritage Planning Comments Heritage Planning staff have reviewed the following documents which have informed these comments: • OPA and ZBA applications for 27 Roy Street • Planning Justification Report for the proposed development at 27 Roy Street • Heritage Conservation Plan for the proposed development at 27 Roy Street The property municipally addressed as 27 Roy Street is located within the Civic Centre Neighborhood Heritage Conservation District (CCNHCD) and is designated under Part V of the Ontario Heritage Act. The property is identified as a Group `B' in the CCNHCD Plan. Plannina Justification Reoort oreoared by GSP Grouo. dated March 2022 The Planning Justification Report prepared by GSP Group in support of these applications acknowledges the following: • That the subject property is located within the CCNHCD; • The proposed development will retain and preserve the existing building; • Certain heritage attributes have been identified within the Conservation Plan, with the recommendation to repair and replace heritage attributes that are in poor condition; and • Existing massing of the building and frontage of the building along Roy Street will not be altered. Conservation Plan prepared by RFB Development, dated October 2021 The Conservation Plan prepared by RFB Development for the subject property makes the following observations and recommendations: • The subject property will be retained and re -used as part of the proposed development. However, it is in a significant state of disrepair and deterioration.; • The exterior brick fagade is in a good condition, a number of exterior wood elements have deteriorated. • The existing roof profile and shape is to be preserved; • The windows in the building will be replaced with new windows since the existing wood windows are in a poor condition; • The deteriorated decorative trim on the front fagade will be restored; and • Two (2) additions are proposed in the rear of the building — one addition for stairs, and one expansion on the third floor od the existing building. The Conservation Plan is still in its draft stage and as not been approved by the Director of Planning. Staff will be sending comments regarding the Conservation Plan to the applicant. Page 118 of 350 Heritage Planning Comments Heritage Planning Staff provide the following comments with regard to the proposed ZBA and OPA applications: • The proposed development will preserve the existing building, and repair and restore the identified heritage attributes of the existing building. Furthermore, the two additions that have been proposed for the development are located on the rear elevation of the property and are not anticipated to detract from the cultural heritage value of the property. No adverse impacts to the building, the streetscape or the district are anticipated because of the OPA and ZBA. As such, heritage planning staff have no concerns with the proposed ZBA and OPA. • However, Heritage Planning staff require that an updated Conservation Plan be submitted at the Site Plan Application stage demonstrating conformity with the policies for alterations and additions included within the CCNHCD as neither the Conservation Plan nor the Planning Justification Report include those currently. • A heritage permit will be required to undertake the proposed work included within the Conservation Plan. Staff will be providing additional comments at the Site Plan Application stage. Page 119 of 350 Address: 27 Roy St Owner: RFB Developments Inc Application: OPA22/006/R/TS and ZBA22/010/R/TS Comments Of: Parks and Cemeteries Commenter's Name: Lenore Ross Email: Lenore. ross@kitchener.ca Phone: 519-741-2200 ext 7427 Date of Comments: June 29 2022 ❑ 1 plan to attend the meeting (questions/concerns/comments for discussion) ❑X No meeting to be held ❑ I do NOT plan to attend the meeting (no concerns) 1. Documents Reviewed: I have reviewed the documentation noted below submitted in support of an OPA and ZBA to convert the existing building to a mixed-use building, containing 3 residential dwelling units, and 1 non- residential unit consisting of an artisan establishment, restaurant and community space. To facilitate the redevelopment, the owner has requested to add a special policy area to the Official Plan to allow the "Artisan Establishment and Restaurant uses and that a special use provision be added to the zoning by-law to allow the "Artisan Establishment" and Restaurant uses. As well as site-specific regulations to permit a minimum lot area of 418 m2, and a minimum lot width of 13.7 metres and a reduction in the parking requirement to a rate of 1 space per 167 m2 of floor area for the commercial uses. 1. GSP Group Inc. — Planning Justification Report dated March 2022 2. GSP Group Inc. — Vegetation Management Plan rev #1 dated Feb 08 2022 3. RFB Development - Proposed Floor Plans dated 2021-02-25 2. Site Specific Comments & Issues: Parks and Cemeteries has no concerns with the proposed OPA and ZBA and can support the applications. All Parks and Cemeteries requirements related to Parkland Dedication and protection of existing street trees will be deferred and addressed at a Site Plan application. 3. Comments on Submitted Documents 1) GSP Group Inc. —Planning Justification Report dated March 2022 a) No concerns 2) GSP Group Inc. —Vegetation Management Plan rev #1 dated Feb 08 2022 a) There is an existing City owned tree within the Roy St boulevard (tree ID #10043396 — Syringa reticulata) that should be protected in place throughout al proposed construction. A Tree Protection and Enhancement Plan will be reviewed and approved through the required site plan application process b) Appropriate signatures/stamps will be required on a submission at that time 4. Policies, Standards and Resources: Page 120 of 350 • Kitchener Official Plan Policy As per Section 8.C.2 — Urban Forests of the Official Plan ... o policy 8.C.2.16., the City requires the preparation and submission of a tree management plan in accordance with the City's Tree Management Policy (available on the City's Website), as a condition of a development application. o policy 8.C.2.6., the City will incorporate existing and/or new trees into the streetscape or road rights-of-way and encourage new development or redevelopment to incorporate, protect and conserve existing healthy trees and woodlands in accordance with the Urban Design Policies in Section 13 (Landscape and Natural Features) of the Urban Design Manual (UDM) and the Development Manual. o Please see UDM Part C, Section 13 and www.kitchener.ca/treemanaeement for detailed submission requirements • City of Kitchener Parkland Dedication Policy • City of Kitchener Development Manual • PARTS Central Plan • Cycling and Trails Master Plan (2020) • Chapter 690 of the current Property Maintenance By-law • Parks Strategic Plan • Multi -Use Pathways & Trails Masterplan • Urban Design Manual • Places and Spaces (Draft) 5. Anticipated Fees: The parkland dedication requirement for this submission is deferred and will be assessed at a future Site Plan Application. Parkland dedication will be assessed based on the land use class(es) and density approved through the OPA and ZBA and required as a condition of Site Plan Approval Parkland dedication will be assessed as cash in lieu for the application Dedication requirements are subject to the Parkland Dedication Policy current at the time of a formal site plan application. Please be advised that the City of Kitchener Parkland Dedication Policy is currently under review From: Dave Seller <Dave.Seller@kitchener.ca> Sent: Monday, July 4, 2022 9:00 AM To: Tim Seyler <Tim.Seyler@kitchener.ca> Subject: OPA/ZBA comments: 27 Roy Street City of Kitchener Application Type: Zoning By-law and Official Plan Amendments Application: ZBA22/010/R/TS and OPA22/006/R/TS Project Address: 27 Roy Street Comments of: Transportation Services Page 121 of 350 Commenter's Name: Dave Seller Email: dave.seller@kitchener.ca Phone: 519-741-2200 ext. 7369 Date of Comments: July 4, 2022 a. Transportation Services have no concerns with the proposed Zoning By-law or Official Plan Amendments. b. After reviewing the Transportation Impact Brief (March 10, 2022) submitted by Paradigm Transportation Solutions Limited, Transportation Services offer the following comments. The applicant is proposing to redevelop the existing house into three residential units on the upper levels and 167m' (1,800 ft') art gallery/community studio space on the ground floor and basement. The development is estimated to generate 3 AM and 1 PM peak hour vehicle trips, with one access point servicing the site along the Roy Street frontage. Under existing traffic operations and 2026 Total Traffic Operations, Roy Street is functioning with acceptable Levels of Service and volume to capacity ratios in the AM and PM peak hours. Based on the City of Kitchener's current zoning by-law 85-1, the site would require a total of seven parking spaces, were three spaces would be allocated for the residential use and four spaces for the art gallery. The applicant is proposing to provide a total of four parking spaces, three spaces for the residential use and one space for the art gallery. The equates to a three parking space shortfall for the art gallery as the residential parking requirement is being fulfilled. To address the art gallery parking space short fall, Paradigm has provided the following analysis. This site is well situated to take advantage of the active transportation options in the area. Within 500m of the development there are two ION stations that operate with 10-15 minute headways and four Grand River Transit routes that operate with 15-60 minute headways. For those who choose to walk, pedestrians can access the site via existing sidewalks that are provided on both sides of roadways in the area that have access to restaurants, commercial/employment uses, Kitchener Public Library, the Centre in the Square and the downtown core. Cycling is another available option to/from the site. There are dedicated and shared cycling services in the area, as well as being located near the future Downtown Cycling Grid. It should be noted that the applicant will be providing 4 Class A secure and 6 Class B bicycle parking spaces to encourage/promote cycling. A left turn lane analysis was completed for Roy Street at the site access and under the 2026 Total Traffic Operations and conclude that a left turn lane is not warranted along Roy Street. The analysis followed the requirements in the Ministry of Transportation of Ontario (MTO) and Transportation Association of Canada (TAC) design guide. Therefore, based on Paradigm's analysis and conclusions within their report, Transportation Services are of the opinion that the traffic generated by this development will have minimal impact on the surrounding road network and that the proposed parking supply of four spaces will be sufficient. Page 122 of 350 Dave Seller, C.E.T. Traffic Planning Analyst I Transportation Services I City of Kitchener 519-741-2200 ext. 7369 1 TTY 1-866-969-9994 1 dave.seller@kitchener.ca 000 Page 123 of 350 City of Kitchener Pre -submission Application Comment Form Project Address: 27 Roy St Date of Meeting: N/A Application Type: ZBA / OPA Comments Of: Development Engineering Commenter's Name: Eric Riek Email: eric.riek@kitchener.ca Phone: 519-741-2200 ext. 7330 Date of Comment: ❑ I plan to attend the meeting (questions/concerns/comments for discussion) X I do NOT plan to attend the meeting (no concerns) 1. Site Specific Comments & Issues: • No specific concerns, engineering has reviewed the functional servicing report and have no concerns or any additional requirements for the OPA/ZBA application. 2. Plans, Studies and Reports to submit as part of a complete Planning Act Application: Zoning Bylaw Amendment: • For the OPA/ZBA a Functional Servicing Report showing outlets to the municipal servicing system along with the storm and sanitary design sheets are required to the satisfaction of Engineering Services. The sanitary zoned and actual peak flow must also be submitted to run the sanitary capacity modeling. The City of Kitchener will use this information to determine if there are any downstream issues. If the capacity analysis determines that the pipes will need to be upgraded to support the development, then these upgrades will be rolled into the development costs. Further studies will be required at the time of development to determine the approximate amount of sanitary sewers that will need to be upgraded to accommodate the above developments. • FOR SITES LOOKING FOR A SPECIAL REGULATION TO THE EXISTING ZONING THAT WILL SIGNIFICANTLY INCREASE THE FLOOR SPACE RATIO (POPULATION) i.e. NOT CHANGING THE ZONING (if applicable) - Please note that since zoned flows for this development are not reflective of the development application, population should be based off of the Regions 2020 Water and Wastewater Monitoring Report. Section 2.4 — Development Data establishes a People Per Unit (PPU) based on Structure Type and assigns Apartments as having a PPU of 1.77. Please multiply 1.77 by the number of units in the building. Furthermore, the City's Average Daily Residential Sanitary Flow rate is 305L/day/cap and the City's Average per second Residential Sanitary Flow rate is 0.0035L/sec/cap. Please be advised that the process Engineering is noting above is specific to this development. • For the OPA/ZBA a Water Distribution Report is required to the satisfaction of Engineering Services in consultation with Kitchener Utilities and the Region of Waterloo. Page 124 of 350 From: Mike Seiling <Mike.Seiling@kitchener.ca> Sent: Friday, June 3, 2022 11:11 AM To: Tim Seyler <Tim.Seyler@kitchener.ca> Subject: FW: Circulation for Comment - Official Plan & Zoning By-law Amendments (27 Roy Street) Building; no concerns From: Christine Kompter<Christine.Kompter@kitchener.ca> Sent: Friday, June 3, 2022 11:04 AM To: _DL_#_DSD_Planning <DSD-PlanningDivision@kitchener.ca>; Aaron McCrimmon-Jones <Aaron.McCrimmon-Jones@kitchener.ca>; Bell - c/o WSP <circulations@wsp.com>; Dave Seller <Dave.Seller@kitchener.ca>; David Paetz <David.Paetz@kitchener.ca>; Feds <vped@feds.ca>; GRCA- Planning (planning@grandriver.ca) <planning@grandriver.ca>; Greg Reitzel <Greg.Reitzel@kitchener.ca>; Hydro One - Dennis DeRango <landuseplanning@hydroone.com>; Jim Edmondson <Jim.Edmondson@kitchener.ca>; Justin Readman <Justin.Read man@kitchener.ca>; Katherine Hughes<Katherine.Hughes@kitchener.ca>; K -W Hydro - Greig Cameron <gcameron@kwhydro.on.ca>; Laura Anderson <Laura.Anderson@kitchener.ca>; Mike Seiling <Mike.Seiling@kitchener.ca>; Ontario Power Generation<Executivevp.lawanddevelopment@opg.com>; Park Planning (SM) <Park.Planning@kitchener.ca>; Region - Planning <PlanningApplications@regionofwaterloo.ca>; Property Data Administrator (SM) <PropDataAdmin@kitchener.ca>; Robert Morgan <Robert.Morgan@kitchener.ca>; Steven Ryder <Steven.Ryder@kitchener.ca>; Sylvie Eastman <Sylvie.Eastman@kitchener.ca>; WCDSB - Planning <planning@wcdsb.ca>; WRDSB - Board Secretary (elaine burns@wrdsb.ca) <elaine burns@wrdsb.ca>; WRDSB - Planning <planning@wrdsb.ca> Cc: Tim Seyler <Tim.Seyler@kitchener.ca> Subject: Circulation for Comment - Official Plan & Zoning By-law Amendments (27 Roy Street) Please see attached. Additional documentation can be found in AMANDA folders 22-111233 & 22- 111234 (City staff) and ShareFile (external agencies). Comments or questions should be directed to Tim Seyler, Planner (copied on this email). Christine Kompter Administrative Assistant I Planning Division I City of Kitchener 200 King Street West, 6t" Floor I P.O. Box 1118 Kitchener ON N2G 4G7 519-741-2200 ext. 7425 1 TTY 1-866-969-9994 christine.kompter@kitchener.ca ODt3 OOmOG Page 125 of 350 From: Gaurang Khandelwal <Gaurang.Khandelwal@kitchener.ca> Sent: Monday, July 4, 2022 9:18 AM To: Tim Seyler <Tim.Seyler@kitchener.ca> Subject: RE: Circulation for Comment - Official Plan & Zoning By-law Amendments (27 Roy Street) Hi Tim, No concerns from sustainability Regards, Gaurang Khandelwal (he/him), MA, MCIP, RPP Planner (Policy) I Planning Division I City of Kitchener 519-741-2200 x 7611 1 TTY 1-866-969-9994 1 qaurana.khandelwala-kitchener.ca OM OCCK0490 From: Christine Kompter<Christine.Kompter@kitchener.ca> Sent: Friday, June 3, 2022 11:04 AM To: _DL_#_DSD_Planning <DSD-PlanningDivision@kitchener.ca>; Aaron McCrimmon-Jones <Aaron.McCrimmon-Jones@kitchener.ca>; Bell - c/o WSP <circulations@wsp.com>; Dave Seller <Dave.Seller@kitchener.ca>; David Paetz <David.Paetz@kitchener.ca>; Feds <vped@feds.ca>; GRCA- Planning (planning@grandriver.ca) <planning@grandriver.ca>; Greg Reitzel <GreR.Reitzel@kitchener.ca>; Hydro One - Dennis DeRango <landuseplanning@hvdroone.com>; Jim Edmondson <Jim.Edmondson@kitchener.ca>; Justin Readman <Justin.Read man@kitchener.ca>; Katherine Hughes<Katherine.Hughes@kitchener.ca>; K -W Hydro - Greig Cameron <gcameron@kwhydro.on.ca>; Laura Anderson <Laura.Anderson@kitchener.ca>; Mike Seiling <Mike.SeilinR@kitchener.ca>; Ontario Power Generation <Executivevp.lawanddevelopment@opg.com>; Park Planning (SM) <Park.Planning@kitchener.ca>; Region - Planning <PlanningApplications@regionofwaterloo.ca>; Property Data Administrator (SM) <PropDataAdmin@kitchener.ca>; Robert Morgan <Robert.Morgan@kitchener.ca>; Steven Ryder <Steven.Ryder@kitchener.ca>; Sylvie Eastman <Sylvie.Eastman@kitchener.ca>; WCDSB - Planning <planning@wcdsb.ca>; WRDSB - Board Secretary (elaine burns@wrdsb.ca) <elaine burns@wrdsb.ca>; WRDSB - Planning <planning@wrdsb.ca> Cc: Tim Seyler <Tim.Seyler@kitchener.ca> Subject: Circulation for Comment - Official Plan & Zoning By-law Amendments (27 Roy Street) Please see attached. Additional documentation can be found in AMANDA folders 22-111233 & 22- 111234 (City staff) and ShareFile (external agencies). Comments or questions should be directed to Tim Seyler, Planner (copied on this email). Christine Kompter Administrative Assistant I Planning Division I City of Kitchener 200 King Street West, 6t" Floor I P.O. Box 1118 Kitchener ON N2G 4G7 519-741-2200 ext. 7425 1 TTY 1-866-969-9994 christine.kompter@kitchen er.ca Page 126 of 350 From: Trevor Heywood <theywood@grand river.ca> Sent: Friday, June 3, 2022 11:58 AM To: Tim Seyler <Tim.Seyler@kitchener.ca> Subject: [EXTERNAL] RE: Circulation for Comment - Official Plan & Zoning By-law Amendments (27 Roy Street) Hey Tim, This is not regulated by the GRCA and we have no comment. Thanks, Trevor Heywood Resource Planner Grand River Conservation Authority theywood(darandriver.ca www.grandriver.ca I Connect with us on social media From: Christine Kompter<Christine.Kompter@kitchener.ca> Sent: Friday, June 3, 2022 11:04 AM To: _DL_#_DSD_Planning <DSD-PlannineDivision@kitchener.ca>; Aaron McCrimmon-Jones <Aaron.McCrimmon-Jones@kitchener.ca>; Bell - c/o WSP <circulations@wsp.com>; Dave Seller <Dave.Seller@kitchener.ca>; David Paetz <David.Paetz@kitchener.ca>; Feds <vped@feds.ca>; Planning <plannine@erandriver.ca>; Greg Reitzel <Gree.Reitzel@kitchener.ca>; Hydro One - Dennis DeRango <landuseplannine@hydroone.com>; Jim Edmondson <Jim.Edmondson@kitchener.ca>; Justin Readman <Justin.Read man@kitchener.ca>; Katherine Hughes<Katherine.Hughes@kitchener.ca>; K -W Hydro - Greig Cameron <Rcameron@kwhydro.on.ca>; Laura Anderson <Laura.Anderson@kitchener.ca>; Mike Seiling <Mike.Seiline@kitchener.ca>; Ontario Power Generation <Executivevp.lawanddevelopment@opg.com>; Park Planning (SM) <Park.Planning@kitchener.ca>; Region - Planning<PlanningApplications@regionofwaterloo.ca>; Property Data Administrator (SM) <PropDataAdmin@kitchener.ca>; Robert Morgan <Robert.Morgan@kitchener.ca>; Steven Ryder <Steven.Ryder@kitchener.ca>; Sylvie Eastman <Sylvie.Eastman@kitchener.ca>; WCDSB - Planning <planning@wcdsb.ca>; WRDSB - Board Secretary (elaine burns@wrdsb.ca) <elaine burns@wrdsb.ca>; WRDSB - Planning <planning@wrdsb.ca> Cc: Tim Seyler <Tim.Seyler@kitchener.ca> Subject: Circulation for Comment - Official Plan & Zoning By-law Amendments (27 Roy Street) Please see attached. Additional documentation can be found in AMANDA folders 22-111233 & 22- 111234 (City staff) and ShareFile (external agencies). Comments or questions should be directed to Tim Seyler, Planner (copied on this email). Christine Kompter Administrative Assistant I Planning Division I City of Kitchener 200 King Street West, 6t" Floor I P.O. Box 1118 Kitchener ON N2G 4G7 519-741-2200 ext. 7425 1 TTY 1-866-969-9994 christine.kompter@kitchener.ca Page 127 of 350 From: Planning <planning@wcdsb.ca> Sent: Friday, June 3, 2022 3:45 PM To: Tim Seyler <Tim.Seyler@kitchener.ca> Subject: [EXTERNAL] RE: Circulation for Comment - Official Plan & Zoning By-law Amendments (27 Roy Street) Good Afternoon Tim, The Waterloo Catholic District School Board has reviewed the subject application and based on our development circulation criteria have the following comments)/condition(s): A) That any Education Development Charges shall be collected prior to the issuance of a building permit(s). If you require any further information, please contact me by e-mail at Jordan.Neale@wcdsb.ca. Thank you, Jordan Neale Planning Technician, WCDSB 480 Dutton Dr, Waterloo, ON N2L 4C6 519-578-3660 ext. 2355 Page 128 of 350 N* Region of Waterloo Tim Seyler, MCIP, RPP Planner City of Kitchener 200 King Street West, 6t" Floor P.O. Box 1118, Kitchener, ON N2G 4G7 Dear Mr. Seyler, 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.regionotwaterloo.ca Melissa Mohr 1-226-752-8622 File: D17/2/22006 C14/2/22010 September 2, 2022 Re: Proposed Official Plan Amendment OPA 22/06 and Zoning By-law Amendment ZBA 22/10 27 Roy Street GSP Group Inc. (C/O Rachel Bossie) on behalf of RFB Developments (C/O Ron Brohman) CITY OF KITCHENER MHBC Planning has submitted an Official Plan and Zoning By-law Amendment for a development proposal at 27 Roy Street (subject lands) in the City of Kitchener. The applicant is proposing to convert the existing building on site to a mixed-use building containing three (3) residential dwelling units and one (1) non-residential unit consisting of an artisan establishment, restaurant and community space. The subject lands are located in the Urban Area and designated Built -Up Area in the Regional Official Plan. The site is designated Office Residential Conversion in the City of Kitchener Official Plan and Zoned Residential Five (R5) with Special -Use Provision 164U.The Owner has requested an Official Plan Amendment to add a special policy area to land use designation that will allow an "Artisan Establishment" and "Restaurant Uses". The Applicant has requested a Zoning By-law Amendment to rezone the site from R5 to the RES -4 Zone with a Special -Use Provision to the existing zoning to permit an "Artisan Establishment" and "Restaurant Uses" as well as site-specific regulations to permit a minimum lot area of 418 m2, a minimum lot width of 13.7 m and a reduction in Document Number: 4170147 Version: 1 Page 129 of 350 the required parking on site to a rate of 1 space per 167m2 off loor area for the commercial uses. The Region has had the opportunity to review the proposal and offers the following: Regional Comments Consistency with Provincial Legislation and Regional Official Plan Conformity The subject lands are designated "Urban Area" and "Built -Up Area" on Schedule 3a of the Regional Official Plan (ROP) and the site is located in a Major Transit Station Area and designated Office Residential Conversion in the City of Kitchener Official Plan. Within the Urban Area, the Region directs the majority of growth to the Urban Growth Centers, Major Transit Station Areas, Reurbanization Corridors, Major Local Nodes and Urban Designated Greenfield Areas. These areas are planned to have a more compact form with a mix of employment, housing and services in close proximity of each other and higher frequency transit. Regional staff understand that the development proposal is located within 500-800 metres of an ION stop and therefore the Region is supportive of increased residential density as it supports the Planned Community Structure established within the ROP. The Region wishes to advise the applicant of the following technical comments related to the proposal: Stationary Noise: Due to the mixed-use nature of the proposal and the applicants retention of the existing structure (retrofit the existing building), Regional staff require the following noise - warning clause be implemented through a registered development agreement with the City of Kitchener through a future consent or condominium application: "This is a mixed-use building that contains residential and commercial units. The commercial units may, from time to time, generate odour and/or stationary noise that may occasionally cause concern to some individuals." "The commercial units are to contain sufficiently sized mechanical and silencing equipment so as not to exceed the Ministry of the Environment and Climate Change's sound level limits at the closest noise -sensitive receptor, in accordance with NPC -300 Guideline or its successor." Cultural Heritage The subject lands have the potential for the recovery of archaeological resources due to the heritage designation of the lands, the location of the site within the core area of Kitchener and the landform where the properties are located (habitation of early peoples). Regional staff recognize that the majority of the parcel has been disturbed and do not require an Archaeological Assessment, however, please be advised that if archaeological resources are discovered during future development or site alteration of Document Number: 4170147 Version: 1 Page 130 of 350 the subject property, works including site alteration and development must cease immediately and the Owner/Development must contact the Ministry of Heritage, Sport, Tourism and Culture Industries. If it is determined that additional investigation and reporting of the archaeological resources is needed, a licensed archaeologist will be required to conduct this field work in compliance with S. 48(a) of the Ontario Heritage Act. If human remains/or a grave site is discovered during development or site alteration of the subject property, the Owner/Developer must cease works immediately and contact the police or coroner and the Registrar at the Bereavement Authority of Ontario in Compliance with the Funeral, Burial and Cremation Services Act, 2002 S. 96. Housing Services The following Regional policies and initiatives support the development and maintenance of affordable housing: • Regional Strategic Plan o Objective 4.2 requires the Region to make affordable housing more available to individuals and families. • 10 -Year Housing and Homelessness Plan o contains an affordable housing target which is that 30% of all new residential development between 2019 and 2041 in Waterloo Region is to be affordable to low and moderate income households. • Building Better Futures Framework o shows how the Region plans to create 2,500 units of housing affordable to people with low to moderate incomes by 2025. • Region of Waterloo Official Plan o Section 3.A (range and Mix of Housing) contains land use policies that ensure the provision of a full and diverse range and mix of permanent housing that is safe, affordable, of adequate size, and meets the accessibility requirements of all residents. The Region supports the provision of a full range of housing options, including affordable housing. Rent levels and house prices that are considered affordable according to the Regional Official Plan are provided below. Should this development application move forward, staff ask the Owner/Developer to consider providing a number of affordable housing units on the site, as defined in the Regional Official Plan. In order for affordable housing to fulfill its purpose of being affordable to those who require rents or purchase prices lower than the regular market provides, a mechanism should be in place to ensure the units remain affordable and establish income levels of the households who can rent or own the homes. For the purposes of evaluating the affordability of an ownership unit, based on the definition in the Regional Official Plan, the purchase price is compared to the least expensive of: Document Number: 4170147 Version: 1 Page 131 of 350 Housing for which the purchase price results in annual accommodation costs 30 per cent of the gross annual which do not exceed 30 percent of gross $385,500 annual household income for low and moderate income households income renter households Housing for which the purchase price is at least 10 percent below the average $576,347 purchase price of a resale unit in the average market rent (AMR) in the regional market area $1,134 "Based on the most recent information available from the PPS Housing Tables (2021). In order for an owned unit to be deemed affordable, the maximum affordable house price is $385,500. For the purposes of evaluating the affordability of a rental unit, based on the definition of affordable housing in the Regional Official Plan, the average rent is compared to the least expensive of: A unit for which the rent does not exceed 30 per cent of the gross annual $1,470 household income for low and moderate income renter households A unit for which the rent is at or below the Bachelor: $950 average market rent (AMR) in the 1 -Bedroom: $1,134 regional market area 2 -Bedroom: $1,356 3 -Bedroom: $1,538 4+ Bedroom: $3,997 'Based on the most recent information available from the PPS Housing I ables (2021) In order for a rental unit to be deemed affordable, the average rent for the proposed units which have fewer than 3 bedrooms must be at or below the average market rent in the regional market area as shown above. For proposed units with three or more bedrooms, the average rent for the units must be below $1,470. Fees By copy of this letter, the Region of Waterloo acknowledges receipt of the Official Plan and Zoning By-law Amendment Review fees of $10,000.00 (received September 2, 2022). General Comments and next steps Based on the above, Regional staff have no objection to the applications. Please be advised that any future development on the lands subject to the above -noted application will be subject to the provisions of Regional Development Charge By-law 19- 037 or any successor thereof. Document Number: 4170147 Version: 1 Page 132 of 350 Further, please accept this letter as our request for a copy of the decision pertaining to this application. Should you have any questions, please do not hesitate to contact me. Yours truly, 1 ice' LL�1�eu_ + Y/CA� Melissa Mohr, MCIP, RPP Senior Planner C. RFB Developments (C/O Ron Brohman (Owner) GSP Planning Inc. (C/O Rachel Bossie) (Applicant) Document Number: 4170147 Version: 1 Page 133 of 350 Appendix E From: Mike Grodzki Sent: Thursday, June 23, 2022 12:57 PM To: Tim Seyler <Tim.Seyler@kitchener.ca> Subject: [EXTERNAL] 27 Roy Street Hi Tim, I received mail regarding the proposed development at 27 Roy Street. Seems like a great idea to me. I was disappointed to learn that council voted against the development at Park and Victoria. How can someone like me help make sure more developments like that get approved? Is it enough to send an email like this? I imagine that doesn't help against the few loud voices who oppose developments. Mike Sent from Proton Mail for US Page 134 of 350 From: Tim Seyler Sent: Saturday, July 9, 2022 11:27 AM To: 'Donna' Subject: RE: [EXTERNAL] RE: 27 Roy St - application for development Hi Donna, I've done my best to respond to all your questions in red below. If you have further questions please don't hesitate to ask. Thanks, Tim Seyler, BES, MCIP, RPP Planner I Planning Division I City of Kitchener 519-741-2200 ext. 7860 1 TTY 1-866-969-9994 1 Tim.Seyler@kitchener.ca .aT, # I ."'OT From: Donna Sent: Wednesday, July 6, 2022 2:52 PM To: Tim Seyler <Tim.Seyler@kitchen er.ca> Subject: [EXTERNAL] RE: 27 Roy St - application for development Hello Tim I have some questions regarding 27 Roy St., Kitchener - Will the application to amend Official Plan and Zoning By -Law fall under the current Zoning Bylaw 85-1, or the revised new comprehensive zoning bylaw not yet passed? This application falls under Zoning By-law 85-1, as the property is within a secondary plan area, and the zoning of these areas will not be updated until neighbourhood planning reviews are completed for this area. - What will be the maximum height of the building? o If under bylaw 85-1 o If under the revised new comprehensive zoning bylaw not yet passed The maximum height in the R-5 zoning (Zoning By-law 85-1) is 10.5 metres. There is no increase in height requested for the building. - Is the application for a Mixed Use Building or is it a Mixed Use Development as quoted in planning documents? The zoning definitions seem to be different. Page 135 of 350 Both terms are equal in meeting. This building will be mixed use containing dwelling units and commercial space. - What is the exact wording of the proposed Special Regulation Provision? The exact wording of the special regulation provision has not been completed at this time, as comments are still being collected and reviewed. - If Res -4 is permitted, would land use revert back to R5 or Res -3 ... if cafe porion is cancelled; or if the house is sold in future? o How will this be added to the Special Regulation Provision? The application is made under the current 85-1 Zoning By-law. The zoning of R-5 would still be in place and have the special regulation. This will be carried over to the new zoning designation when implemented. The land would not revert back to any 85-1 zoning regulation once the new 2019-051 By-law is in effect. If new ownership is obtained in the future, the zoning designation would remain in place. - Will "Special Policy Area permitting artisan establishments" ..... spell out that o a lodging house is not allowed [i.e. same as Res -3] ■ if not how will this be made part of the application The definition of Artisan's establishment is as follows: means an establishment used for the study or instruction of a performing or visual art such as dancing, music or painting or the workplace of an artisan such as a painter, sculptor, photographer, dressmaker or tailor together with the accessory retailing of paintings, sculpture, photography or handcrafts. Thanks, Donna K. From: Donna Sent: Monday, May 30, 2022 7:29 PM To: Tim Seyler <Tim.Seyler@kitchener.ca> Subject: [EXTERNAL] Development at 27 ROY ST Hi Tim Can you please send me a copy of the notice that was sent in regard to the following development? Address: 27 ROY ST Application Number: OPA22/006/R/TS Application Type: Official Plan Amendment Application Summary: An Official Plan Amendment is required to permit artisan establishment and restaurant uses in the same building as residential, C/R ZB22/010/R/TS. Thanks Donna KUehl Page 136 of 350