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HomeMy WebLinkAboutDSD-2023-015 - Zoning By-law Amendment ZBA22/022/N/TS - 525 New Dundee Road - HIP New Dundee GP Inc.Staff Report r NJ :R Development Services Department www.kitchener.ca REPORT TO: Planning and Strategic Initiatives Committee DATE OF MEETING: January 9, 2023 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 4 DATE OF REPORT: December 16, 2022 REPORT NO.: DSD -2023-015 SUBJECT: Zoning By-law Amendment ZBA22/022/N/TS 525 New Dundee Road HIP New Dundee GP Inc. RECOMMENDATION: That Zoning By-law Amendment Application ZBA22/022/N/TS requesting to amend Zoning By-law 2019-051, for HIP New Dundee GP Inc. be approved in the form shown in the Proposed `Proposed By-law', and `Map No. 1' attached to Report DSD -2023-015 as Attachment `A'. REPORT HIGHLIGHTS: • The purpose of this report is to evaluate and provide a planning recommendation regarding a Zoning By-law Amendment application for the property located at 525 New Dundee Road. • It is Planning staffs recommendation that the proposed amendment represents good planning and is an opportunity to provide an additional six (6) residential units, on the ground floor, of a mixed-use building currently under construction. • Community engagement included: o circulation of a postcard to residents and property owners within 240m of the subject site; o installation of notice signage on the property; o postcard advising of the public meeting was circulated to all residents and property owners within 240 metres of the subject site, and, o notice of the public meeting was given in The Record on December 16, 2022. • This report supports the delivery of core services. EXECUTIVE SUMMARY: Planning Staff is recommending approval of the requested Zoning By-law Amendment application to: • Change the zoning in Zoning By-law 2019-051, from from Arterial Commercial Zone (COM -3) with Site Specific Provision (84) to Arterial Commercial Zone (COM -3) with Site Specific Provision (356) • The amendment will facilitate the construction of an additional 6 residential dwelling units on the ground floor within an established mixed-use development. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 32 of 291 Figure 1 - Location Map: 525 New Dundee Road BACKGROUND: The City of Kitchener has received an application for a Zoning By-law Amendment from HIP New Dundee GP Inc for a development concept that proposes an additional 6 residential units on the ground floor of a mixed-use development. The existing development consists of 178 residential units, and 3 commercial units. The subject property is identified as an `Arterial Corridor' and `Green Area' on the City's Urban Structure (Map 2 - City of Kitchener Official Plan) and designated as `Commercial' and `Natural Heritage Conservation' (Map 3 - City of Kitchener Official Plan). For the purposes of this application the development is only located on the front portion of the property that has the Commercial designation and is not located within the Natural Heritage Conservation designated area of the property. Site Context The subject lands are located on the south side of New Dundee Road, near the intersection of New Dundee Road and Robert Ferrie Drive. The subject lands have an area of approximately 1.79 hectares and has a lot frontage along New Dundee Road of 105.8 metres. Site plan approval has been given for an eight (8) storey mixed use building containing 178 residential dwelling units and three (3) commercial units. A building permit has been issued and construction on the development is already underway. Page 33 of 291 OSE � :S 4R �a550 0 o � -��aM� S S� 5. u' �gr11Af1 SP ST n'P v k 111 OS �R0R �A SUBJEC AREA Figure 1 - Location Map: 525 New Dundee Road BACKGROUND: The City of Kitchener has received an application for a Zoning By-law Amendment from HIP New Dundee GP Inc for a development concept that proposes an additional 6 residential units on the ground floor of a mixed-use development. The existing development consists of 178 residential units, and 3 commercial units. The subject property is identified as an `Arterial Corridor' and `Green Area' on the City's Urban Structure (Map 2 - City of Kitchener Official Plan) and designated as `Commercial' and `Natural Heritage Conservation' (Map 3 - City of Kitchener Official Plan). For the purposes of this application the development is only located on the front portion of the property that has the Commercial designation and is not located within the Natural Heritage Conservation designated area of the property. Site Context The subject lands are located on the south side of New Dundee Road, near the intersection of New Dundee Road and Robert Ferrie Drive. The subject lands have an area of approximately 1.79 hectares and has a lot frontage along New Dundee Road of 105.8 metres. Site plan approval has been given for an eight (8) storey mixed use building containing 178 residential dwelling units and three (3) commercial units. A building permit has been issued and construction on the development is already underway. Page 33 of 291 Current development — 525 New Dundee Road REPORT: The owner is proposing to convert six (6) storage units located on the ground floor of a mixed-use building to six (6) ground floor residential units. The property is subject to Site Specific Provision (84) which permits dwelling units located within a mixed building, however the dwelling units are not permitted to be located on the ground floor of a mixed-use building, except for the access. Site Specific Provision (84) will be removed from the property with Site Specific Provision (356) taking its place. The property has already received Site Plan approval for a mixed-use building containing 178 residential dwelling units and 3 commercial units. A building permit has been issued and construction has already commenced. Through the review and evaluation of this application, the interior layout of the ground floor has been reoriented, resulting in the commercial area for the mixed-use building being reduced, however 3 commercial units still remain. The creation of the new Site Specific provision will permit 6 residential units on the ground floor and ensure a minimum commercial gross floor area of 493 square metres remains within the property. Pending the approval of this zoning by- law amendment application, an updated Site Plan application will be required to ensure all zoning regulations are met. 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. Section 1.4.3 (d) of the PPS promotes densities for new housing which efficiently use land, resources, infrastructure and public service facilities. The PPS sets out a policy framework for sustainable healthy, liveable and safe communities. The PPS promotes efficient development and land use patterns, as well as accommodating an appropriate mix of affordable and market-based residential dwelling types with other land uses, while supporting the environment, public health and safety. Provincial policies promote 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. To support provincial policies relating to the optimization of infrastructure, transit and active transportation, the proposed zoning will facilitate a compact form of development which efficiently uses the lands, is in close proximity to public transit, and makes efficient use of existing infrastructure. The lands are serviced and are in proximity to parks, trails and other community uses. Page 34 of 291 Provincial policies are in support of providing a broad range of housing. The proposed Zoning By- law amendment will facilitate the development of an additional six (6) residential dwelling units on the ground floor of an established mixed-use building. Planning staff is of the opinion that the proposed application is consistent with the PPS as they will facilitate the development of the subject lands with six (6) additional dwelling units. Planning staff are of the opinion that the requested applications are consistent with the policies and intent of the PPS. A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 (Growth Plan): The Growth Plan supports the development of complete and compact communities that are designed to support healthy and active living, make efficient use of land and infrastructure, provide for a range and mix of housing types, jobs, and services, at densities and in locations which support transit viability and active transportation. To support the achievement of complete communities, the Growth Plan outlines that municipalities will consider the use of available tools to require that multi -unit residential developments incorporate a mix of unit sizes to accommodate a diverse range of household sizes and incomes. The Growth Plan requires a minimum of 50 residents and jobs per hectare within areas designated Urban Designated Greenfield Area. Municipalities must support housing choice through the achievement of the minimum intensification and density targets by identifying a diverse range and mix of housing options and densities, to meet projected needs of current and future residents. The subject lands are located within the City's Urban Designated Greenfield Area, an area within the Settlement Boundary that is designated for growth. The proposed Zoning By-law amendment will add 6 additional residential dwelling units, which supports the achievement of our minimum density target for designated Greenfield areas. The proposed zoning will support and provide additional housing units that will help make efficient use of infrastructure, parks, roads, trails and transit. Planning staff is of the opinion that the application conforms to the Growth Plan. Regional Official Plan (ROP): Urban Area policies of the ROP identify that the focus of the Region's future growth will be within the Urban Area. The subject lands are designated Urban Designated Greenfield Areas in the ROP. This neighbourhood provides for the physical infrastructure and community infrastructure to support the proposed residential development, including transportation networks, municipal drinking -water supply and wastewater systems, and a broad range of social and public health services. Regional policies support the development of complete communities having development patterns and densities that support walking, cycling and transit. The ROP requires a minimum density of 55 people and jobs per hectare in greenfield areas which this proposal will contribute to 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. Regional staff have indicated that they have no objections to the proposed application (Attachment `C'). Planning staff are of the opinion that the application conforms to the Regional Official Plan as it proposes to facilitate an additional six (6) dwelling units to the existing mixed-use building. City of Kitchener Official Plan Urban Area and Countryside The subject lands are identified as `Designated Greenfield Area' on Map 1 of the City of Kitchener's Official Plan. Designated Greenfield Areas have a minimum density target of 55 residents and jobs combined per hectare. Urban Structure The subject lands are located within an `Arterial Corridor' in the City's Urban Structure (Map 2). The planned function of Arterial Corridors is to provide for a limited range of retail and service commercial Page 35 of 291 uses intended to predominately serve those travelling by automobile and to accommodate a limited range of retail uses which require outdoor storage or sales. Land Use Designation The subject lands are designated `Commercial' in the City's Official Plan (Map 3) and are located within the Doon South Specific Policy Area (Map 5). The Commercial land use designation with the Doon South Specific Policy Area permits multiple residential dwelling units provided they are located within a mixed-use building together with other compatible commercial and office uses to a maximum Floor Space Ratio of 2.0. Staff can support the inclusion of six (6) ground floor residential units, as a regulation will be added to require a minimum amount of commercial floor area, in order to preserve the mixed-use designation and so a further reduction in Commercial area would not be permitted. The proposed site specific provision will introduce a minimum requirement for ground floor commercial uses. Housing The City's primary objective with respect to housing is to provide for an appropriate range, variety and mix of housing types and styles, densities, tenure and affordability to satisfy the varying housing needs of our community through all stages of life. The proposed Zoning By-law Amendment will facilitate the development of six (6) additional dwelling units, on the ground floor of mixed-use building, to support residential intensification within an established mixed-use development. Policy 4.C.1.9. Residential intensification and/or redevelopment within existing neighbourhoods will be designed to respect existing character. A high degree of sensitivity to surrounding context is important in considering compatibility. Policy 4.C.1.22: The City will encourage the provision of a range of innovative housing types and tenures such as rental housing, freehold ownership and condominium ownership including common element condominium, phased condominium and vacant land condominium, as a means of increasing housing choice and diversity. Based on the above housing policies, staff is of the opinion that the application conforms to the Official Plan. Policy Conclusion Planning staff are of the opinion that the proposed Zoning By-law amendment is consistent with policies of the Provincial Policy Statement, conforms to the Growth Plan for the Greater Golden Horseshoe, the Regional Official Plan and the City of Kitchener Official Plan, and represents good planning. Proposed Zoning By-law Amendment: The subject lands are currently zoned `Arterial Commercial (COM -3)' with Site Specific Provision (84) in Zoning By-law 2019-051. The purpose of the amendment is to permit 6 residential dwelling units to be located on the ground floor of a mixed-use building whereas none are currently permitted. To ensure that the commercial function contemplated by the land use designation is maintained, the Site -Specific Provision proposes to require a that the building provide a minimum 493 square metres of commercial floor area. An amendment to Zoning By-law 2019-051 to change the zoning on the lands as follows (and further detailed and shown on Map No.1): "From Arterial Commercial Zone (COM -3) with Site Specific Provision (84) to Arterial Commercial Zone (COM -3) with Site Specific Provision (356). Site Specific Provision (356) Page 36 of 291 a) The following uses shall be permitted: i) Place of Worship; ii) Small Residential Care Facility in accordance with the regulations for the INS -1 zone within Section 11.3; iii) Large Residential Care Facility in accordance with the regulations for the INS -1 zone within Section 11.3; iv) A maximum of six (6) Dwelling Units located on the ground floorwithin a mixed use building containing at least one other permitted use listed in Table 9-1. The maximum Floor Space Ratio for dwelling units shall be 2; and, b) In addition to regulation (7) within Table 9-1, and office use shall also not exceed a Floor Space Ratio on 0.5. C) A minimum commercial gross floor area shall be 493 square metres." Department and Agency Comments: Preliminary circulation of the Zoning By-law Amendment was undertaken on September 26, 2022 to applicable City departments and other review authorities. No major concerns were identified by any commenting City department or agency. Additional consideration will be addressed through the site development approval process. Copies of comments are found in Attachment `C' of this report. The following reports and studies were considered as part of this proposed Zoning By-law Amendment: • Planning Justification Report Prepared by: MHBC Planning Limited, August 2022 Planning Conclusions In considering the foregoing, staff are supportive of the proposed Zoning By-law Amendment. Staff is of the opinion that the subject application is consistent with policies of the Provincial Policy Statement (2020), conforms to the Growth Plan for the Greater Golden Horseshoe, the Regional Official Plan, and the City of Kitchener Official Plan and represent good planning. Staff recommends that the application be approved. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Council / Committee meeting. Notice signs were posted on the property and information regarding Page 37 of 291 the application posted to the City's website in September 2022. Notice of the Public Meeting was posted in The Record on December 16, 2022 (a copy of the Notice may be found in Attachment `B'). CONSULT — The proposed Zoning By-law Amendment Application was originally circulated to property owners within 240 metres of the subject lands on September 26, 2022. In response to this circulation, staff received no written responses. PREVIOUS REPORTS/AUTHORITIES: • Planning Act, R.S.O. 1990, c. P.13 • Provincial Policy Statement, 2020 • A Place to Grow Growth Plan, 2020 • Regional Official Plan • City of Kitchener Official Plan, 2014 • City of Kitchener Zoning By-law 2019-051 REVIEWED BY: Tina Malone -Wright, — Interim Manager of Development Review, Planning Division APPROVED BY: Justin Readman - General Manager, Development Services ATTACHMENTS: Attachment A — Proposed Zoning By-law Amendment and Zoning Map Attachment B — Newspaper Notice Attachment C — Department and Agency Comments Page 38 of 291 follows: DSD -2023 -XXX Attachment "A" PROPOSED BY — LAW , 2023 BY-LAW NUMBER OF THE CORPORATION OF THE CITY OF KITCHENER (Being a by-law to amend By-law 2019-051, as amended, known as the Zoning By-law for the City of Kitchener — HIP New Dundee GP Inc. — 525 New Dundee Road) WHEREAS it is deemed expedient to amend By-law 2019-051 for the lands specified above; NOW THEREFORE the Council of the Corporation of the City of Kitchener enacts as Zoning Grid Schedules Number 252 and 253 of Appendix "A" to By-law Number 2019-051 are hereby amended by changing the zoning applicable to the parcel of land specified and illustrated as Area 1 on Map No. 1, in the City of Kitchener, attached hereto, from Arterial Commercial Zone (COM -3) with Site Specific Provision (84) to Arterial Commercial Zone (COM -3) with Site Site Specific Provision (356). 2. Section 19 of By-law 2019-051 is hereby amended by adding Section 19 (356) thereto as follows: "356. Within the lands zoned COM -3 and shown as affected by this subsection on Zoning Grid Schedule Numbers 252 and 253 of Appendix `A', the following shall apply: a) The following uses shall be permitted: i) Place of Worship; ii) Small Residential Care Facility in accordance with the regulations for the INS -1 zone within Section 11.3; iii) Large Residential Care Facility in accordance with the regulations for the INS -1 zone within Section 11.3; and iv) A maximum of six (6) Dwelling Units located on the ground floor within a mixed-use building containing at least one other permitted use listed in Table 9-1. The maximum Floor Space Ratio for dwelling units shall be 2. Page 39 of 291 DSD -2023 -XXX Attachment "A" b) In addition to regulation (7) within Table 9-1, and office use shall also not exceed a Floor Space Ratio on 0.5. C) A minimum commercial gross floor area of 493 square metres shall be provided. PASSED at the Council Chambers in the City of Kitchener this day of 2023. 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Concept Drawing Date: January 9, 2023 Time: 7:00 p.m. Location: Council Chambers, Kitchener City Hall 200 King Street West orirtual Zoom Meeting To view the staff report, agenda, meeting details, start time of this item 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 6 Additional Zoning Tim Seyler, Planner Use Dwelling By-law 519.741.2200 x 7860 Development Units Amendment tim.seyler@kitchener.ca A Zoning By-law Amendment Application, from HIP New Dundee GP Inc. the property owner of 525 New Dundee Road, will be considered to amend a Site -Specific Provision to permit 6 additional residential dwelling units to be located on the ground floor of a mixed-use building currently under construction. Page 42 of 291 From: Dave Seller <Dave.Seller@kitchener.ca> Sent: Friday, October 28, 2022 11:17 AM To: Tim Seyler <Tim.Seyler@kitchener.ca> Subject: ZBA comments: 525 New Dundee Road City of Kitchener Application Type: Zoning By-law Amendment Application: ZBA22/022/N/TS Project Address: 525 New Dundee Road Comments of: Transportation Services Commenter's Name: Dave Seller Email: dave.seller(@kitchener.ca Phone: 519-741-2200 ext. 7369 Date of Comments: October 28, 2022 a. As part of the Zoning by-law amendment application process, a Planning Justification Report was submitted (August 2022) by MHBC Planning Limited. Transportation Services offer the following comments. The applicant is proposing the addition of the six (6) residential dwelling units, which will increase the unit count from 178 to 184 units and the commercial gross floor area will be reduced from 824.8 square metres to 493.34 square metres, with a total parking supply of 202 spaces. As the parking requirements are being satisfied, Transportation Services have no concerns with the applicant's proposal. 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 0 "F -I #3 )00 0 0 Page 43 of 291 From: Mike Seiling <Mike.Seiling@kitchener.ca> Sent: Monday, September 26, 2022 12:47 PM To: Tim Seyler <Tim.Seyler@kitchener.ca> Subject: FW: Circulation for Comment - Zoning By-law Amendment (525 New Dundee Road) Building; no concerns with proposal provided the applicant obtains a building permit to create 6 res. Units before construction commences. From: Niall Melanson <Niall.Melanson@kitchener.ca> Sent: Friday, September 30, 2022 8:08 AM To: Tim Seyler <Tim.Seyler@kitchener.ca> Subject: FW: Circulation for Comment - Zoning By-law Amendment (525 New Dundee Road) Morning Tim — Engineering has no comments. Thanks Niall Melanson, C.E.T. Engineering Technologist I Development Engineering I City of Kitchener 519-741-2200 Ext. 7133 1 TTY 1-866-969-9994 1 niall.melanson@kitchener.ca From: Carrie Musselman <Carrie.Mussel man@kitchener.ca> Sent: Thursday, October 20, 2022 3:32 PM To: Tim Seyler <Tim.Seyler@kitchener.ca> Subject: RE: Circulation for Comment - ZBA (525 New Dundee Rd) Hi Tim, Kitchener Environmental Planning has no concerns regarding the proposed ZBA from a natural heritage or tree management perspective. Regards, Carrie Musselman (she/her), BSc., Dip. Senior Environmental Planner I Planning I City of Kitchener 519-741-2200 x 7068 1 TTY 1-866-969-9994 1 carrie.musselman(cDkitchener.ca Page 44 of 291 Address: 525 New Dundee Road Owner: Hip New Dundee GP Inc Application: Zoning By-law Amendment ZBA22/022/N/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: Oct 28 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 a ZBA to convert 6 existing storage spaces to 6 residential units. • Completed application form • Planning Justification Report 2. Site Specific Comments & Issues: Additional residential density is proposed for the site above that which was approved through SP21/007/N/TS. Park Dedication for this additional density will be deferred at the ZBA and required as a condition of site plan approval. 3. Comments on Submitted Documents No comments 4. Policies, Standards and Resources: • 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/treemanagement for detailed submission requirements • City of Kitchener Park Dedication Bylaw 2022-101 and Park Dedication Policy • City of Kitchener Development Manual • Cycling and Trails Master Plan (2020) • Chapter 690 of the current Property Maintenance By-law • Parks Strategic Plan Page 45 of 291 Multi -Use Pathways & Trails Masterplan • Urban Design Manual 5. Anticipated Fees: Parkland Dedication The parkland dedication requirement for this submission is deferred and will be assessed at a future Site Plan Application. Park dedication will be assessed based on the land use class(es) and density approved through the ZBA and required as a condition of Site Plan Approval Page 46 of 291 From: Planning <planning@wcdsb.ca> Sent: Monday, September 26, 2022 11:28 AM To: Tim Seyler <Tim.Seyler@kitchener.ca> Subject: RE: Circulation for Comment - Zoning By-law Amendment (525 New Dundee Road) Good Morning 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 From: Hodgins, Allan (MTO) <Allan.Hodgins@ontario.ca> Sent: Monday, September 26, 2022 3:19 PM To: Tim Seyler <Tim.Seyler@kitchener.ca> Cc: Christine Kompter<Christine.Kompter@kitchener.ca> Subject: RE: Circulation for Comment - Zoning By-law Amendment (525 New Dundee Road) Hi Tim, The Ministry of Transportation (MTO) has no objection to this application. The subject property (525 New Dundee Rd, Kitchener, ON) is located beyond our limits of permit control and therefore MTO review, approval and permits will not be required. Thank you for the opportunity to review and comment. Regards, Allah HodpinS i Corridor Management Planner Ph. (226) 973-8580 1 Fax (519) 873-4228 E-mail: allan.hodgins(a)ontario.ca Ontario 0 For General Inquiries, Pre -consultations or Permit Application, please see our automated system: hftps://www.hcms.mto.gov.on.ca Page 47 of 291 October 25, 2022 Via email Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca Tim Seyler, MCIP, RPP, Planner City of Kitchener 200 King Street West, 6t" Floor P.O. Box 1118 Kitchener, ON N2G 4G7 Dear Tim Seyler, Re: Zoning By-law Amendment ZBA22/022/N/TS 525 New Dundee Road, Kitchener HIP New Dundee GP Inc. Grand River Conservation Authority (GRCA) staff has reviewed the above -noted application to amend the Site Specific provision within the existing zoning to permit six (6) residential units on the ground floor of a mixed-use building. Recommendation Based on our review of the materials provided, the GRCA has no objection to the above noted application. GRCA Comments GRCA has reviewed this application as per our delegated responsibility from the Province to represent provincial interests regarding natural hazards identified in Section 3.1 of the Provincial Policy Statement (PPS, 2020) and as a regulatory authority under Ontario Regulation 150/06. GRCA has also provided comments as per our MOU with the Region of Waterloo and as a public body under the Planning Act as per our CA Board approved policies. Information currently available at this office indicates that the subject property contains the following features regulated by the Grand River Conservation Authority under Ontario Regulation 150/06: • a reach of Blair Creek • One -zone floodplain associated with Blair Creek • The Provincially Significant Roseville Swamp Cedar Creek Wetland Complex • The regulated allowances to these features Due to the resource features noted above, the property is regulated by the GRCA under Ontario Regulation 150/06 - Development, Interference with Wetlands and Alterations to Shorelines and Watercourses Regulation. Any future development, including the proposed townhouse development, will require prior written approval from the GRCA in the form of a permit pursuant to Ontario Regulation 150/06. GRCA Permit 505/21 for grading, installation of servicing, construction of stormwater management facility, and construction of the proposed building and surface parking expires October 19, 2023. A copy of our resource mapping is attached. Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand - A Canadian Heritage River Page 48 of 291 It is our understanding that the applicant is proposing to convert 6 existing storage spaces on the ground floor of the mixed-use building to 6 residential units. The GRCA has no objection to the proposed application for zoning bylaw amendment. Consistent with GRCA's 2022 approved fee schedule, this application is considered a minor zoning by-law amendment and the applicant will be in the amount of $445 for the GRCA's review of this application. Should you have any questions, please contact the undersigned at cfosterpengelly@gran driver. ca or 519-621-2763 extension 2319. Sincerely, PP i Chris Foster-Perelly, M.Sc. Resource Planner Enclosed: GRCA map of property Copy: Joel Doherty, HIP New Dundee GP Inc., owner (via email) Dave Aston, MHBC Planning, applicant (via email) Page 49 of 291 N Z�L O QLL O N `p _ U Q o � m� v _ E G� L yam-+ (fl t Q (r C) Z m E4 3 a a" error! N 7 N D CU O Q (7 0 C)(7 O n e m a s - `� Q ina _ Q a 30E Yogv�a o�p C .. 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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 File: C14-60/22/022 December 14, 2022 Re: Proposed Zoning By -Law Amendment ZBA 22/022 525 New Dundee Road MHBC Planning Limited on behalf of HIP New Dundee GP Inc. CITY OF KITCHENER The applicant is proposing to convert six (6) existing storage spaces on the ground floor of the mixed-use building to six (6) residential units. To facilitate this development, the Applicant is requesting that the zoning within the Site Specific provision be amended to permit six (6) residential units on the ground floor of a mixed-use building. The lands are zoned Commercial (COM -3) with Site Specific provision (84), which currently prohibits dwellings units on the ground floor. There is currently a mixed-use development under construction on the subject lands consistent with the previously approved Official Plan and Zoning By-law amendments. The subject site is also subject to an approved site plan. Regional staff has reviewed the proposed application and offer the following comments for the City's consideration: Consistency with Provincial Legislation and Regional Official Plan Conformity The Provincial Policy Statement, 2020 (PPS) promotes building strong, heathy communities by encouraging the development of liveable and resilient neighbourhoods that protect the environment, public health and safety of Ontarians. Settlement areas are intended to accommodate the majority of growth within the province and provide a range of housing types that efficiently use land and resources. In addition, the Growth Page 51 of 291 Plan for the Greater Golden Horseshoe (Growth Plan) provides growth targets for each municipality to achieve regarding residents and jobs per hectare. The proposed application is consistent with the intent of the PPS and the Growth Plan. Regional Official Plan The lands are designated as Urban Area and Urban Designated Greenfield Area in the Regional Official Plan (ROP). These ROP designations permit a full range of urban uses, including residential developments of various types and densities. The ROP requires that Urban Designated Greenfield Areas be planned to meet or exceed a minimum density of 55 residents and jobs per hectare through policy 2.D.17 b). The Planning Justification Report prepared by MHBC Planning Limited, dated August 2022 notes that the proposed development will achieve an overall density of 103 units per hectare. ROP policy 2.D.17 notes that the Region and area municipalities will ensure that designated greenfield areas will "establish a network of continuous sidewalks, community trails and bicycle paths that provide direct, safe, comfortable and convenient linkages with the neighbourhood and externally to other neighbourhoods including linkages to transit stops, employment areas, school sites, food destinations and community facilities". In ROP Chapter 3, the Region encourages Area Municipalities to provide a range of housing in terms of form, tenure, density and affordability to support the various physical, social, economic and personal support needs of current and future residents in neighbourhoods where health, safety, servicing and other reasonable standards or criteria can be met. Regional Official Plan Amendment 6 On August 18th, 2022, the Regional Municipality of Waterloo adopted ROP Amendment number 6 (ROPA 6), which will come into force and effect upon approval by the Minister of Municipal Affairs and Housing. Key objectives contained within the amendment include a new approach to accommodate the forecasted growth within 15 -minute neighbourhoods, which are compact, well-connected places where the everyday needs of residents for goods, services and employment can be met. A well-designed 15 -minute neighbourhood will contain a mix of land uses that provide for a variety of incomes and household sizes. The development densities will support a range of services and high quality public spaces. These policies also apply to designated greenfield areas to ensure that new neighbourhoods enable people reduce dependence on vehicle trips and are places that prioritize walking, cycling and transit. 2 Page 52 of 291 Population and employment forecasts anticipate 409,200 people and 170,500 jobs within the City of Kitchener by 2051 and greenfield area developments are required to exceed a minimum density target of 65 residents and jobs per hectare of land as calculated using policy 2.G.1.3. Additionally, a minimum target of 30 percent of new ownership and rental housing is to be affordable and accommodate a variety of housing options to address the needs of range of income and household incomes, sizes and ages. The Region will promote the inclusion of additional built forms including duplexes, triplexes, four-plexes, multiple dwellings and apartments. The proposed application is consistent with ROP policies regarding urban areas. Corridor Planning Environmental Noise: It is understood that there is a current mixed-use building approved/underway through Site Plan application SP 21/007/N/TS. Although the requirement for a noise study was advised previously, a study has not been received to date. At this location, the proposed development may encounter environmental noise sources due to traffic on New Dundee Road (RR #12) as well as stationary noise from proposed commercial uses and any air-conditioning devices for the proposed development. It is the responsibility of the applicant to ensure the proposed noise -sensitive development is not adversely affected by anticipated noise impacts. To address the environmental noise impacts, the applicant must prepare an Environmental Noise Study; the noise levels criteria and guidelines for the preparation of the study should follow the Ministry of the Environment, Conservation and Park NPC -300 requirements. The consultant who prepares the Environmental Noise Study must be listed on the Region of Waterloo's Approved List of Noise Consultants. The noise consultant is responsible for obtaining current information, applying professional expertise in performing calculations, making detailed and justified recommendations, and submitting the Consultant Noise Declaration and Owner/Authorized Agent Statement. The consultant preparing the Environmental Noise Study must contact Region of Waterloo staff for transportation data, including traffic forecasts and truck percentages, for the purpose of preparing the Environmental Noise Study. Region of Waterloo staff will provide this data within three weeks of receiving the request from the noise consultant. Please note that there is a $500 fee for the preparation of the traffic forecasts and review of the Environmental Noise Study. The noise consultant preparing the Environmental Noise Study must submit the transportation data request online via 3 Page 53 of 291 (https://rmow.permitcentral.ca/Permit/GroupApply?qroupld=3). Resubmission of any Transportation Noise Study may be subject to a $250 resubmission fee. In the event that a stationary noise source and/or a vibration source are/is identified as potential concerns, the applicant will be required to pay for a third -party review by an external Noise Consultant retained by the Region. The fee for this third -party review is $4000 + HST. Please submit payment for the third -party review along with the submitted noise study. Additional fees may apply depending on the scope of review required. Payment can be made either by cheque payable to the Region of Waterloo or by contacting Ms. Peggy Walter (PWalter(a�regionofwaterloo.ca) via other methods. It is the Region of Waterloo's preference that to address the noise study requirements a holding provision shall apply to the entirety of the subject lands until a detailed Environmental Noise Study has been completed and implementation measures addressed to the satisfaction of the Regional Municipality of Waterloo. The noise study is to address transportation noise, stationary noise (if applicable) and shall review the potential impacts of the development on itself (e.g. HVAC system on the sensitive points of reception) and the impact of the development on the adjacent sensitive land uses. t is the Region's understanding that the applicant is intending to submit a future plan of condominium application. As such, the Region may alternatively accept the Environmental Noise Study as part of a complete application for the future Draft Plan of Condominium application with implementation to occur through conditions of draft approval and/or the declaration Environmental Planning The subject lands are adjacent to Core Environmental Features, as designated by the Regional Official Plan (ROP). The subject lands include areas immediately adjacent to the Core Environmental Features which are currently Zoned NHC-1, consistent with the recommendations of the 525 New Dundee Road, Kitchener ON Scoped Environmental Impact Study (WSP, January 2021). The proposed Zoning By-law amendment does not propose to modify the NCH -1 zoning, and as there are no Core Environmental Features within the limits of the subject lands, there are no comments or concerns from Environmental Planning related to the current application. Water Services It is the Region's understanding that the development is under construction, however it should be noted that no connection to regional watermains will be permitted in accordance with Section B.2.1.4.1 of the Design Guidelines and Supplemental Specifications for Municipal Services for January 2021. 4 Page 54 of 291 Housing Comments 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. 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 in the section on affordability. Should the additional 6 residential units be supported with a zoning by-law amendment, staff recommend that the applicant consider providing a number of affordable (affordable as defined in the Regional Official Plan) housing units on the site. 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. Affordability 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: Housing for which the purchase price results in annual accommodation costs which do not exceed 30 percent of gross $385,500 annual household income for low and moderate income households Housing for which the purchase price is $576,347 at least 10 percent below the average Page 55 of 291 purchase price of a resale unit in the regional market area 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 intormation available trom the NNS Housing I ables (2u21) 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. Cultural Heritage As this already has Site Plan approval, Cultural Heritage staff have no comments. Innovation & Economic Development The following Regional policies and initiatives support the development and maintenance of affordable housing and use of Regional land to further the affordable housing supply: • Regional Strategic Plan o Objective 4.2 directs the Region make affordable housing more available to individuals and families. • 10 -Year Housing and Homelessness Plan o Contains an affordable housing target that 30% of all new residential development between 2019 and 2041 in Waterloo Region is to be affordable 6 Page 56 of 291 to low and moderate income households. Building Better Futures Framework o Lays out how the Region will create 2,500 units of housing affordable to people with low to moderate incomes by 2026. o Through the creation of a Regional land portfolio, we will sell or develop Regionally owned properties and buy additional land to further the affordable housing goals. We will achieve this through strategic acquisition and disposition of lands. The Region supports the provision of a full range of housing options, including affordable housing. In line with the recommendations from Housing Services, staff recommend that the applicant consider providing affordable housing units within the development. Affordable housing is defined in the Regional Official Plan. Regional Land Portfolio For the purposes of evaluating this proposal in the context of the Regional Land Portfolio, consideration of development proximity to Regional land assets, impact of the proposal on development of Regional lands, and opportunities for partnership and collaboration have been investigated. Proximity to Regional Lands 1.77 km; 345 Mill Park Drive, Kitchener Property Use and Life Status of Nearby Doon Regional Forest; In service Regional Lands Impact on Development of Regional No anticipated impact. Lands Opportunities for Partnership No anticipated partnership opportunities with Regional Land Portfolio. General Comments In principle, the Region has no objection to the proposed zoning by-law amendment provided that an Environmental Noise Study is reviewed and accepted by the Region of Waterloo. It is the Region's preference that to address the noise study requirements a holding provision apply to the entirety of the subject lands until a detailed Environmental Noise Study is completed and implementation measures addressed to the satisfaction of the Regional Municipality of Waterloo. Page 57 of 291 It is the Region's understanding that the applicant is intending to submit a future plan of condominium application. As such, the Region may alternatively accept the Environmental Noise Study as part of a complete application for the future Draft Plan of Condominium application with implementation to occur through conditions of draft approval and/or the declaration. It is also the Region's understanding that any additional residential units on the ground floor (beyond the permissions sought through this application) would be subject to a future Planning Act application. As such, the applicant is advised that an Environmental Noise Study would also be required as part of that process. 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. 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, Jennifer Catarino, MCIP, RPP Senior Planner Dave Aston, MHBC (daston@mhbcplan.com) Joel Doherty, HIP New Dundee GP Inc. (Joel@hipdevelopments.com) Page 58 of 291