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HomeMy WebLinkAboutDTS-10-095 - ZC09/015/M/EB - Official Plan Amendment - OP09/06/M/EB - 30-40 Margaret Ave REPORT REPORT TO: Development and Technical Services Committee DATE OF MEETING: June 21, 2010 SUBMITTED BY: Alain Pinard, Interim Director of Planning PREPARED BY: Elizabeth Brown, Planner (519-741-2643 WARD(S) INVOLVED: Ward 1 DATE OF REPORT: May 19, 2010 REPORT NO.: DTS 10-095 SUBJECT: OFFICIAL PLAN AMENDMENT OP09/06/M/EB ZONING BY-LAW AMENDMENT ZC09/015/M/EB 30-40 MARGARET AVENUE COMMUNITY EXPANSION INC RECOMMENDATION: A. That Official Plan Amendment Application 09/06/M/EB for 30-40 Margaret Avenue requesting a change in designation from Medium Density Multiple Residential to Medium Density Multiple Residential with Special Policy 9 to permit a maximum floor space ratio of 2.5 on the parcel of land specific and illustrated as the ‘Subject Area’ on Schedule A, be adopted, in the form shown in the Official Plan Amendment attached to Report DTS 10-095 as Appendix “B”, and accordingly forwarded to the Region of Waterloo for approval; and further B. That Zone Change Application ZC09/015/M/EB for 30-40 Margaret Avenue requesting a change from Residential Eight Zone (R8) to Residential Eight Zone (R8) with Special Regulation Provisions 551R on the parcel of land specified and illustrated as the ‘Subject Area’ on Map No. 1, be approved in the form shown in the “Proposed By-law” dated May 5, 2010, attached to Report DTS 10-095 as Appendix “C”. EXECUTIVE SUMMARY: The owner of 30-40 Margaret Avenue is proposing to amend the Official Plan designation by adding a Special Policy Area to permit a maximum Floor Space Ratio (FSR) of 2.5, and is further proposing to amend the Zoning By-law by adding a Special Regulation Provision, to permit a maximum FSR of 2.5, a minimum front yard setback of 4.5 metres and a minimum side yard setback of 5.0 metres exclusively for the lot line that abuts 37 Ellen Street. Staff recommends that the proposed Official Plan Amendment be adopted and accordingly forwarded to the Region of Waterloo for approval, and that the proposed zone change be approved. ïë ó ï BACKGROUND: The subject property is located at 30-40 Margaret Avenue and is currently vacant. A Site Plan for a multiple-dwelling development was submitted for the subject lands in August 2009, after pre-consultation meetings were held with staff in January 2009 and October 2007. During the review of the formal Site Plan submission in September 2009, staff identified that the request for a maximum Floor Space Ratio of 2.5 required an amendment to the Civic Centre Secondary Plan policies for the Medium Density Multiple Residential designation in the Kitchener Official Plan. This is further to variances to the zoning regulations already identified by the applicant in their proposal to facilitate their anticipated development. The owner has applied to the City to amend the Official Plan designation and zoning of the subject lands to allow a maximum Floor Space Ratio of 2.5, a reduced front yard setback and a reduced side yard setback adjacent to a particular neighbouring property. The application was deemed to be “complete” on December 1, 2009. REPORT: Proposed Official Plan Amendment The subject lands are currently designated Medium Density Multiple Residential in the Civic Centre Secondary Plan. The existing designation restricts the density of multiple residential developments to a maximum Floor Space Ratio (FSR) of 2.0, with a permitted maximum of 200 units per hectare. The applicant has applied for an Official Plan Amendment to add a site- specific Special Policy which would permit a multiple residential development with a FSR of 2.5. ïë ó î The proposed plan submitted for review presents 210 units on a parcel sized 1.22 hectares, which does not exceed the permitted maximum number of units per hectare. As discussed in the Proposed Official Plan Amendment, attached as Appendix ‘B’, staff is of the opinion that the Official Plan Amendment is appropriate for the development and use of the land and is compatible with the surrounding area, and staff recommends the Official Plan Amendment be adopted by Council and forwarded to the Region of Waterloo for approval. Proposed Zoning By-law Amendment The subject land is zoned Residential Eight Zone (R8), which permits a variety of higher-density residential uses and allows a maximum building height of 24.0 metres. The applicant is proposing to amend the zoning on a site-specific basis to add a Special Regulation Provision to allow: 1. A maximum FSR of 2.5, whereas the current zoning permits a maximum FSR of 2.0; 2. A front yard setback of 4.5 metres, whereas the current zoning regulation would require a minimum front yard setback of 10.25 metres; 3. A side yard setback of 5.0 metres where the subject property abuts 37 Ellen Street West, whereas the current zoning requires a minimum side yard setback of 6.0 metres. Floor Space Ratio As noted in the discussion regarding the Proposed Official Plan Amendment, staff is of the opinion that the design of the multiple residential development as proposed, at a FSR of 2.5, could have an impact comparable to a building constructed to the limits of the zoning regulations already in place on the subject property. While the FSR is proposed to increase, the height of the proposed building is within the parameters of the existing zoning regulations at 21.1 metres, and the proposed articulation of the building has the effect of visually breaking up its mass. Having the building closer to the streetline also helps to reduce shadow impacts on the properties along Ellen Street West. The applicant has also designed the building so as to have all of the required parking for the development located below grade, with the exception of eight (8) surface parking spaces located to the rear of the proposed building. Front Yard Setback With regards to the request for the reduced front yard setback, staff looked to Official Plan Policy 1.6.2(ii), which states that front yard setback reductions may be considered for new buildings in established neighbourhoods, provided the front yard setback is similar to adjacent properties and maintains the character of the streetscape. Staff approached the applicant and requested that further information be supplied analysing the existing streetscape and average setbacks for other uses in the block of Margaret Avenue in which the subject site is located. The response report that was submitted on April 23, 2010 included a photo-summary of all properties on the block of Margaret Avenue between Queen Street North and Victoria Street North, as well as setback measurements based on aerial photography available online. The four developed parcels on the north side of this section of Margaret Avenue include the Church of the Good Shepherd and three single-detached dwellings with average setbacks between 12 and 15 metres from their property lines. A majority of the lands on the north side of Margaret Avenue are presently vacant. On the south side of Margaret Avenue, a mix of single- detached, duplex, triplex and multiple dwelling uses have front yard setbacks ranging in depth from 3.5 to 13 metres from their property lines. This includes a four-storey multiple dwelling at 43 Margaret Avenue with an estimated front yard setback of between 3.5 and 4.5 metres from the property line. As such, staff would consider the proposed development to be similar with adjacent properties and consistent with the character of the street. ïë ó í Staff notes that the applicant is not asking that the entire building mass have a front yard setback of 4.5 metres. The site plan submitted for the Site Plan Review application depicts the building being visually divided into several sections with varying front yard setbacks in an effort to break up the visual mass of the structure. The sections of the building that do project closer to the streetline each have a four storey base, with two additional storeys stepped-back three metres into the building on all sides. This step-back design helps to reduce the perceived height of the structure by moving the building mass deeper into the site, with the portions of the building closest to the streetline or property line being at a similar scale to other buildings on the street. Staff has tailored the recommended site-specific zoning regulation to reflect the proposed building articulation and stepped-back massing design. Side Yard Setback Adjacent to 37 Ellen Street West The subject property was at one time several individual residential lots, which were consolidated and cleared for redevelopment several decades ago. The irregular lot lines to the rear of the subject property are likely the result of previous conveyances from properties along Ellen Street West to the consolidated parcel now known as 30-40 Margaret Avenue. The property known as 37 Ellen Street West now looks to be an anomaly amongst its neighbours, as it appears to be the only property that did not convey any land and as such, a portion of the rear yard projects into the subject property. The applicant has requested permission to construct their proposed building with a setback of 5.0 metres from the rear property line of 37 Ellen Street West. As this mutual property line is considered to be a “side yard” of 30-40 Margaret Avenue, a setback of 6.0 metres is required for a building exceeding 10.5 metres in height. Staff believes that the requested 1.0 metre setback reduction will not have a significant impact on the function of 37 Ellen Street West; there is at least a 26 metre distance between the rear property line and the back of the dwelling at 37 Ellen Street West, and the rear portion of this lot does not appear to be a primary amenity area. Based on the foregoing, Planning staff recommends that the proposed zone change be approved. Provincial and Regional Policy Considerations 2005 Provincial Policy Statement The 2005 Provincial Policy Statementdirects planning authorities to identify and promote opportunities for intensification and redevelopment where it can be accommodated, taking into account existing building stock or areas. The current application before staff will facilitate redevelopment of a large vacant parcel of land for a residential use within a mature residential neighbourhood. City departments have indicated that appropriate infrastructure is available for the project. Therefore, staff feels that the proposal meets the intent of the 2005 Provincial Policy Statement. 2006 Growth Plan for the Greater Golden Horseshoe The 2006 Growth Plan for the Greater Golden Horseshoe calls for building compact communities, directing a minimum of 40% of all residential growth occurring annually to happen in built-up areas, and focussing growth to intensification areas. While the subject lands are not located in an intensification area identified in the 2009-2010 Kitchener Growth Management Strategy, the property is located in close proximity to the downtown and is currently underused in terms of being a vacant, serviced parcel with good access to transit and other community infrastructure. For years, the subject site has been identified for multiple-residential redevelopment, and staff is of the opinion that the proposed development satisfies the intent of the 2006 Growth Plan. ïë ó ì 1998 Regional Official Policies Plan The proposed Official Plan and Zoning By-law Amendments conform to the Regional Official Policies Plan. AGENCY COMMENTS: Commenting agencies and City departments have no concerns with the Official Plan Amendment and Zone Change. Comments have been addressed through the application process, and a summary of these comments can be found in Appendix “D”. NEIGHBOURHOOD COMMENTS: As a result of the preliminary circulation of the Official Plan Amendment and Zone Change applications, staff received written responses from sixteen members of the community. The concerns raised generally include: traffic, the loss of green space and compatibility issues. Traffic and Road Improvements Several property owners raised concerns with respect to increased traffic levels on Margaret Avenue as a result of the redevelopment of the subject lands. Transportation Planning staff reviewed the proposed OPA and zone change applications and have noted that they have no concerns with the proposal. Traffic staff has asked for a Traffic Impact Study during the Site Plan Review process in order to ensure that the entrances/exits to the site do not cause any adverse traffic concerns with sightlines and the intersection of Maynard Avenue. Staff notes that the Official Plan and Zoning By-law amendments are not proposing to increase the number of units permitted on the subject property, and that the current development proposal does not meet or exceed the maximum number of units permitted by the existing zoning regulations. Several members of the public had concerns regarding traffic and parking associated with functions at the Centre in the Square, and were uncertain how an additional 200 residential units worth of additional traffic may exacerbate this situation. There is a multi-level civic parking structure currently undergoing planning review, intended to handle parking demand from the Centre in the Square, the library and the regional offices. The City does consider Margaret Avenue to be a major collector road, while Queen Street North is a Regional road. This traffic concern appears to be related to functions at the Centre in the Square and not the current proposal. In response to the concern regarding the lack of lay-bys for the proposed development, and off- street parking being located to the rear for the proposed building, a suggestion was made by a th member of the public during the April 29 neighbourhood meeting to consider changing the on- street parking on the north side of Margaret Avenue to short-term (i.e. 15 minute maximum) parking. This would open-up this parking area for deliveries and drop-off to the proposed multiple dwelling, as well as to homes on the other side of Margaret Avenue where on-street parking is not permitted. Planning staff noted that this suggestion would be made to traffic staff when site plan review for the project resumes. Loss of Green Space Several concerns about the loss of the open vacant parcel for casual public use as a recreation space were voiced. Many expressed their desire to see replacement plantings provided if/when the mature vegetation on the subject site is removed. Concern was also expressed at the proposed amount of hard landscaping, and questions were raised as to whether or not design elements such as rooftop gardens would be incorporated into the new development. While submission of a tree management plan and staff approval of a landscape plan will be part of the Site Plan review process, it would be reasonable to expect that many of the larger trees central to the site and within the development envelope will be removed. However, through Site ïë ó ë Plan Approval, staff will enforce minimum planting requirements noted in the Urban Design Guidelines and may request additional compensation plantings for trees removed to facilitate the redevelopment of the site. There will be an expectation that mature non-hazard trees on or near the property line will be maintained and protected throughout the development process. Compatibility with Neighbourhood Compatibility with the surrounding neighbourhood was raised as a concern by several property owners. These concerns were mainly related to the visual and physical impacts of the proposed increase in building mass, as well as privacy concerns associated with the reduced front and side yard setbacks. Several comments were made regarding the heritage character of the neighbourhood and streetscape, particularly due to the fact that the Civic Centre Heritage Conservation District Plan made specific mention of the subject property, recommending that the zoning of the property be reviewed and possibly modified. Both the existing Official / Secondary Plan designations and the R8 zoning regulations permit a 210 unit multiple dwelling. In fact, given the size of the subject lands, the regulation permitting up to 200 units per hectare would permit a maximum of 244 units being on the subject site. The proposed use of a multiple dwelling and number of units comply with regulations already in place for this site. Consideration of the size of the proposed 210-unit building relative to front and side property lines has been given. Staff is of the opinion that the proposed development is a balance of elements of urban design such a building articulation, interesting pedestrian streetscapes, and appropriate building massing with a size of building that is economically viable to construct. Finally, another issue of concern to the surrounding neighbourhood is the shadow anticipated to be cast by the proposed development onto adjacent properties. After a great deal of review, staff is confident that the developer has taken reasonable steps to try to mitigate the anticipated shadow impact, such as using step-backs on the upper storeys of the building, pulling the building closer to Margaret Avenue and providing more than the required sideyards adjacent to the Ellen Street West properties, with the exception of the yard adjacent to 37 Ellen Street West. Civic Centre Heritage Conservation District Plan The Civic Centre Heritage Conservation District Plan was approved by Kitchener Council in 2008, but was subsequently appealed to the Ontario Municipal Board by the owner of 30-40 Margaret Avenue. As the matter is still under appeal, staff cannot consider the heritage plan to be in effect when reviewing the current application. However, the applicant has noted that several of the recommendations of that plan were taken into consideration when the proposed building was designed. As a point of clarification, the Conservation District Plan did not apply a new designation onto the subject lands, nor did it enact new zoning for the property. The plan did make several recommendations of policies to be considered for inclusion in the Official Plan along with recommendations of how the zoning on the subject site may be amended to implement to recommended Official Plan policies and heritage plan recommendations. While staff took those recommendations of the heritage plan into consideration when reviewing the current proposal, evaluation of the merits of the requested amendments was primarily based on the designation, policies and regulations currently in effect. Having done so, staff feels that the overall character and design of the building proposed, with the requested reduced setbacks and increased FSR, can be considered compatible with the Civic Centre neighbourhood. ïë ó ê FINANCIAL IMPLICATIONS: No new or additional capital budget requests are expected with this recommendation. COMMUNICATIONS: Preliminary circulation of the Official Plan Amendment and Zone Change was undertaken by means of a letter dated December 14, 2009, which was mailed to all appropriate agencies and to all property owners within 120 metres of the subject lands. As a result of this circulation, staff received 15 written responses regarding the proposal, which can be found in Appendix “E”. Further to the circulation letter, staff hosted a neighbourhood meeting on the evening of April th 29, 2010, to discuss the proposal and speak to residents directly regarding their concerns. The neighbourhood meeting was advertised by means of a notice being mailed to all property owners within 120 metres of the subject property. There were 31 residents in attendance at the meeting, as well as the applicant and ward Councillor. Comment forms were made available to those in attendance; two responses were received, which re-iterated the concern about traffic congestion in the neighbourhood. All residents who provided comments and signed-in at the neighbourhood meeting will be mailed a copy of this report. CONCLUSION: City of Kitchener Planning staff supports both the proposed Official Plan Amendment and Zone Change applications. Staff is of the opinion that the multiple dwelling, as conceptually proposed incorporating below-grade parking, a high standard of urban design including varied set-backs and upper-level step-backs, is compatible with the neighbourhood and represents good planning. The requested Official Plan Amendment and Zoning Bylaw Amendment are consistent with the Provincial Policy Statement, Growth Plan for the Greater Golden Horseshoe, and the Regional Official Policies Plan. Based on the foregoing, the Official Plan Amendment and Zoning By-law Amendment are considered appropriate. Planning staff recommend that Official Plan Amendment application OP09/06/M/EB and Zoning By-law Amendment application ZC09/15/M/EB be approved. Attachments: Appendix “A” Newspaper Advertisement Appendix “B” Proposed Official Plan Amendment Appendix “C” Proposed Zoning By-law Appendix “D” Preliminary Circulation and Department/Agency Comments Appendix “E” Community Comments Reviewed By: Della Ross, Manager of Development Review Juliane von Westerholt, Senior Planner ACKNOWLEDGED BY: Jeff Willmer, Interim General Manager, Development and Technical Services ïë ó é Appendix “A” – Newspaper Advertisement Advertised in The Record – May 28, 2010 PLANNING MATTERS: PROPERTY OWNERS AND INTERESTED PARTIES ARE INVITED TO ATTEND A PUBLIC MEETING TO DISCUSS PROPOSED AMENDMENTS TO THE KITCHENER OFFICIAL PLAN AND ZONING BY-LAW UNDER THE APPLICABLE SECTIONS 17, 22 AND 34 OF THE PLANNING ACT 30-40 Margaret Avenue The subject lands are currently designated Medium Density Multiple Residential in the Civic Centre Secondary Plan and are zoned Residential Eight (R8). The owner is proposing to add a Special Policy to the Official Plan designation and a Special Regulation Provision to the zoning by-law to permit a maximum Floor Space Ratio of 2.5 for a multiple dwelling. The proposed Special Regulation Provision to the zoning by-law would also permit a reduced front yard setback, and a reduced side yard setback where the subject property abuts the rear yard of 37 Ellen Street West. Development and Technical Services Committee The public meeting will be held by the , a Committee of Council which deals with planning matters on: MONDAY, June21 at 7:00 P.M. nd COUNCIL CHAMBERS, 2 FLOOR, CITY HALL 200 KING STREET WEST, KITCHENER. Any person may attend the Public Meeting and make written and/or verbal representation either in support of, or If a person or public body that files a notice of appeal of a in opposition to, the above noted proposal. decision, does not make oral submissions at this public meeting or make a written submission prior to approval/refusal of this proposal, the Ontario Municipal Board may dismiss all or part of a subsequent appeal. ADDITIONAL INFORMATION is available by contacting the appropriate staff person noted below, viewing the report contained in the meeting agenda (available on the Friday afternoon prior to the meeting, in the calendar section of the websitehttp://www.kitchener.ca/calendar/calendarEvent.aspx), or in person at the Development and Technical th Services Department - Planning Division, 6 Floor, City Hall, 200 King Street West, Kitchener between 8:30 a.m. - 5:00 p.m. (Monday to Friday). Elizabeth Brown , Planner - 519-741-2643 (TTY: 1-866-969-9994), elizabeth.brown@kitchener.ca ïë ó è Appendix “B” – Proposed Official Plan Amendment B- 1 AMENDMENT NO. __ TO THE OFFICIAL PLAN OF THE CITY OF KITCHENER COMMUNITY EXPANSION INC 30-40 MARGARET AVENUE ïë ó ç Appendix “B” – Proposed Official Plan Amendment B- 2 AMENDMENT NO. __ TO THE OFFICIAL PLAN OF THE CITY OF KITCHENER COMMUNITY EXPANSION INC 30-40 MARGARET AVENUE INDEX 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 Development and Technical Services Committee of June 21, 2010 APPENDIX 2 Minutes of the Meeting of Development and Technical Services Committee – June 21, 2010 APPENDIX 3 Minutes of the Meeting of City Council – June 28, 2010 2 ïë ó ïð Appendix “B” – Proposed Official Plan Amendment B- 3 AMENDMENT NO. __ TO THE OFFICIAL PLAN OF THE CITY OF KITCHENER SECTION 1 – TITLE AND COMPONENTS This amendment shall be referred to as Amendment No. __ to the Official Plan of the City of Kitchener. This amendment is comprised of Sections 1 to 4 inclusive. SECTION 2 – PURPOSE OF THE AMENDMENT This Official Plan Amendment proposes to amend the existing Medium Density Multiple Residential designation in the Civic Centre Secondary Plan by adding a Special Policy to permit a maximum Floor Space Ratio of 2.5 for a multiple dwelling development on lands municipally known as 30-40 Margaret Avenue. SECTION 3 – BASIS OF THE AMENDMENT The current land use designation on the subject lands is Medium Density Multiple Residential in the Civic Centre Secondary Plan. This designation permits multiple residential developments to a maximum density of 200 units per hectare, constructed to a maximum Floor Space Ratio (FSR) of 2.0. The subject property is comprised of several large-lot low-rise residential properties that were consolidated and cleared in the 1970s and is currently vacant. Adjacent uses include low-rise residential dwellings, a church, a mid-rise apartment building (four storeys) and two apartment towers (each 17-18 storeys). The property is also less than 100 metres from the Centre in the Square and the Civic Centre Park. The applicant has proposed a multiple residential development encompassing 210 units on a 1.22 hectare site with a FSR of 2.5, and has proposed to add a Special Policy to the subject lands to permit the proposed increase in FSR from 2.0 to 2.5. The applicant has used an angular plane analysis to demonstrate that the proposal meets general guidelines for acceptable visual impact, and has submitted shadow studies to give staff an understanding of the anticipated shadow impact of the proposed development with a FSR of 2.5. The applicant has noted that the extra density afforded by the increased FSR is required to make their proposal feasible, as they are looking to include several levels of below- grade parking and a common amenity area for the development as opposed to having all of the required parking provided in surface lots. The applicant has also proposed a building with a façade using alternating setbacks to break-up the massing of the structure, and has incorporated a step-back of the upper two storeys of the six-storey building in an effort to maintain a pedestrian scale along the streetscape and to help mitigate shadow impacts. The subject lands fall within the boundaries of the Civic Centre Heritage Conservation District Plan, which received approval by Kitchener Council in 2008 but was appealed to the Ontario Municipal Board by the owner of the subject property. Several pre-hearing meetings were held in 2009, and a hearing on the matter has been scheduled for late September 2010 to allow the Official Plan Amendment, Zone Change and Site Plan applications for 30-40 Margaret Avenue to be considered. While the heritage conservation district plan is not in full effect, staff has worked with the applicant to address many of the guidelines noted in the plan. This includes recommendations to have a front-yard setback of not more than ten metres, utilizing stepbacks of at least three metres for sections of the building greater than four storeys in height, including a high-level of building articulation and architectural detail, not having parking located in the front yard, and dividing the building visually into smaller units or sections. The applicant has submitted both angular plane reviews and shadow analyses to demonstrate that, even at a greater building mass than currently permitted by the Secondary Plan Designation, the building proposed meets the intent of the guidelines provided in the Civic Centre Heritage Conservation District Plan and the Urban Design Guidelines, with the exception of shadow impacts on properties on Ellen Street West on the Winter Solstice date. 3 ïë ó ïï Appendix “B” – Proposed Official Plan Amendment B- 4 When reviewing the shadow study analysis supplied by the applicant, staff had to consider several. First, the criteria and dates noted in the Urban Design Guidelines are intended to be utilized as a guideline, combined with evaluation of other elements of the development and other urban design-based guidelines throughout the review of a proposal. Being within a central neighbourhood, where properties tend to be smaller and buildings are traditionally closer together, staff had keep in mind that it would be unreasonable to expect zero shadow impact from an infill proposal, and instead had to look at determining what would be an acceptable level of impact. Secondly, while the subject site is vacant, the parcel is designated and zoned for a medium-density residential development that would have some sort of building mass permitted as-of-right, and would therefore already have the potential to have some shadow impact on the adjacent properties. Finally, staff looked at the existing shadow situation within the neighbourhood in an effort to better understand the context of the projected impact of the shadow generated by the proposed building mass. There are two apartment towers that are between 17 and 18 storeys across Margaret Avenue from the subject site that cast shadows over properties on Margaret Avenue and Ellen Street West. There is also existing mature vegetation, both coniferous and deciduous, along the north and west property lines of the subject site that cast shadow onto properties along Margaret Avenue and Ellen Street West. Staff is of the opinion that the applicant’s requested increase in building density will result in a project with a desirable building design and parking situation. While detailed design elements will not be considered until the Site Plan Review by Urban Design staff, the site-specific zoning Special Regulation can be tailored to modify the regulated building envelope to accommodate a building in keeping with the concept plans and building footprint presented by the applicant throughout the development review process to date. Based on the foregoing, the proposed amendment is considered appropriate for the use of the land and is compatible with the surrounding area. The amendment complies with the Regional Official Policies Plan and is consistent with the 2005 Provincial Policy Statement and ‘Places to Grow – Growth Plan for the Greater Golden Horseshoe’. 4 ïë ó ïî Appendix “B” – Proposed Official Plan Amendment B- 5 SECTION 4 – THE AMENDMENT 1.The City of Kitchener Official Plan is hereby amended as follows: a)Part 3 – Section 13.1.3 is amended to add new Special Policy #9 as follows: “9. Notwithstanding the Medium Density Multiple Residential designation, on lands municipally known as 30-40 Margaret Avenue, a maximum Floor Space Ratio of 2.5 is permitted. b)Map No. 9 – add new Special Policy Area No. 9 to 30-40 Margaret Avenue as shown on the attached Schedule “A”. 5 ïë ó ïí Appendix “B” – Proposed Official Plan Amendment B- 6 APPENDIX 1 Notice of the Meeting of Development and Technical Services Committee of June 7, 2010 Advertised in The Record – May 28, 2010 PLANNING MATTERS: PROPERTY OWNERS AND INTERESTED PARTIES ARE INVITED TO ATTEND A PUBLIC MEETING TO DISCUSS IAL PLAN AND ZONING BY-LAW PROPOSED AMENDMENTS TO THE KITCHENER OFFIC UNDER THE APPLICABLE SECTIONS 17, 22 AND 34 OF THE PLANNING ACT 30-40 Margaret Avenue The subject lands are currently designated Medium Density Multiple Residential in the Civic Centre Secondary Plan and are zoned Residential Eight (R8). The owner is proposing to add a Special Policy to the Official Plan designation and a Special Regulation Provision to the zoning by-law to permit a maximum Floor Space Ratio of 2.5 for a multiple dwelling. The proposed Special Regulation Provision to the zoning by-law would also permit a reduced front yard setback, and a reduced side yard setback where the subject property abuts the rear yard of 37 Ellen Street West. Development and Technical Services Committee The public meeting will be held by the , a Committee of Council which deals with planning matters on: MONDAY, June 21 at 7:00 P.M. nd COUNCIL CHAMBERS, 2 FLOOR, CITY HALL 200 KING STREET WEST, KITCHENER. Any person may attend the Public Meeting and make written and/or verbal representation either in support of, or in If a person or public body that files a notice of appeal of a decision, does opposition to, the above noted proposal. not make oral submissions at this public meeting or make a written submission prior to approval/refusal of this proposal, the Ontario Municipal Board may dismiss all or part of a subsequent appeal. ADDITIONAL INFORMATION is available by contacting the appropriate staff person noted below, viewing the report contained in the meeting agenda (available on the Friday afternoon prior to the meeting, in the calendar section of the website http://www.kitchener.ca/calendar/calendarEvent.aspx), or in person at the Development and Technical Services Department - th Planning Division, 6 Floor, City Hall, 200 King Street West, Kitchener between 8:30 a.m. - 5:00 p.m. (Monday to Friday). Elizabeth Brown , Planner - 519-741-2643 (TTY: 1-866-969-9994), elizabeth.brown@kitchener.ca 6 ïë ó ïì Appendix “B” – Proposed Official Plan Amendment B- 7 APPENDIX 2 Minutes of the Meeting of Development and Technical Services Committee – June 21, 2010 7 ïë ó ïë Appendix “B” – Proposed Official Plan Amendment B- 8 APPENDIX 3 Minutes of the Meeting of City Council – June 28, 2010 8 ïë ó ïê ïë ó ïé P R O P O S E D B Y – L A W May 5, 2010 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 – Community Expansion Inc. – 30-40 Margaret Avenue) WHEREAS it is deemed expedient to amend By-law 85-1; NOW THEREFORE the Council of The Corporation of the City of Kitchener enacts as follows: 1. Schedule Nos. 121 and 122 of Appendix “A” to By-law Number 85-1 are hereby amended by changing the zoning applicable to the parcel of land specified and illustrated as the Subject Area on Map No. 1 in the City of Kitchener, attached hereto, from Residential Eight Zone (R8) to Residential Eight Zone (R-8) with Special Regulation Provisions 551R. 2. Schedule Nos. 121 and 122 of Appendix “A” to By-law Number 85-1 are 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 399 thereto as follows: “551. Notwithstanding Section 42.2.6 of this By-law, within lands zoned R-8 with Special Regulation Provision 551R on Schedule Nos. 121 and 122 of Appendix “A” and municipally known as 30-40 Margaret Avenue, for a multiple dwelling with a maximum of 210 units and a maximum building height of 21.1 metres: a) a maximum Floor Space Ratio of 2.5 shall be permitted; b) a maximum of 86 metres of building frontage, or 51% total building frontage (whichever the lesser), be permitted to have a minimum front yard setback of 4.5 metres; c) a maximum of 14 metres of building frontage, or 8% total building width (whichever the lesser), above and beyond that portion of frontage described in sub.(b) above, be permitted to have a minimum front yard of 8.0 metres, ïë ó ïè d) for those portions of the building with a setback of 4.5 metres, a minimum stepback of 7.5 metres for any portion of the building exceeding 15.0 metres in height; e) a minimum side yard setback of 5.0 metres be permitted where the subject property abuts the rear lotline of 37 Ellen Street West; and f) notwithstanding 3(b), (c), (d) and (e) above, eaves, soffits, fascia and other architectural features associated with the roof may protrude 1.1 metre into any required setback or stepback.” 4. This By-law shall come into effect only upon approval by the Minister of Municipal Affairs and Housing, or his/her delegate, of Municipal Plan Amendment No. ______, 30-40 Margaret Avenue, but upon such approval, the provisions hereof affecting such lands shall be deemed to have come into force on the date of passing hereof. PASSED at the Council Chambers in the City of Kitchener this day of , 2010. _____________________________ Mayor _____________________________ Clerk ïë ó ïç ïîîͽ¸»¼«´» ïîïͽ¸»¼«´» èíͽ¸»¼«´»èìͽ¸»¼«´» ïë ó îð ïë ó îï ïë ó îî ïë ó îí ïë ó îì ïë ó îë ïë ó îê ïë ó îé ïë ó îè ïë ó îç ïë ó íð ïë ó íï ïë ó íî ïë ó íí ïë ó íì ïë ó íë ïë ó íê ïë ó íé ïë ó íè ïë ó íç ïë ó ìð ïë ó ìï