HomeMy WebLinkAboutCSD-16-076 - Zone Change Application - ZC16-006-V-CD - 87 Victoria Street North
REPORT TO: Planning and Strategic Initiative Committee
DATE OF MEETING: December 5, 2016
SUBMITTED BY: Alain Pinard,Director of Planning,519-741-2200 ext. 7319
PREPARED BY: Craig Dumart,Junior Planner,519-741-2200 ext. 7073
WARD(S) INVOLVED: Ward 1
DATE OF REPORT: October 28, 2016
REPORT NO.: CD-16-076
SUBJECT: ZONE CHANGE APPLICATION (Temporary Use By-law)
ZC16/006/V/CD
87 Victoria Street North
The KW Working Centre of the Unemployed
_____________________________________________________________________________
RECOMMENDATION:
That application ZC16/006/V/CD (The KW Working Centre of the Unemployed), for the
purpose of adding a temporary use provision 13T, for a maximum of three years, to
permit the habitation of two existing structures which are accessory to the residential
care facility located on the subject property (87 Victoria Street North), be approved in the
-dated November 4, 2016, attached to Report CSD-
16-076
Subject Property: 87 Victoria Street North
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
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REPORT:
The subject property is municipally addressed as 87 Victoria Street North and is currently
developed with a residential care facility with surface parking and two accessory structures.The
subject property has an Official Plan designation of Warehouse District in the Downtown Land
Use District Plan and is currently zoned Warehouse District Zone (D-6) with Special Regulation
105R, Special Uses 116U and 403U and Holding Provision 10H. Special Use 403U permits a
residential care facility on the subject property. The applicant is proposing a temporary use by-
law to allow habitation of two 7.5m² (8for a maximum period of
three years, which are accessory to the existing residential care facility located on the subject
property, whereas the Zoning By-law does not permit habitation of accessory structures. The
structures are to be used to house homeless people who are unable to stay in traditional
shelters. It should be noted that funding has been provided by the Region of Waterloo to assist
with developing the accessory units as a pilot project.
Three years is the maximum duration of temporary use by-laws passed under Section 39 of the
Planning Act. Council may grant further extensions by by-law upon expiry of the temporary use
provisions.
Fire and Building staff were directly involved in the review of this application. Building staff has
indicated that there can be no plumbing in the structures as they will then have a different
function under the building code. The people using the structures will use the washroom
facilities in the residential care facility. The accessory structures will contain a heating source
and hydro services but no plumbing.
Fire staff have inspected the units and met with the applicant, and are satisfied that all fire
safety requirements have been met.
The Provincial Policy Statement (PPS)
The Provincial Policy Statement sets the policy foundation for regulating the development and
use of land. The policies regarding housing are contained in a section called Building Healthy
and Strong Communities. Providing an appropriate range and mix of residential uses is listed as
one way to sustain healthy, liveable and safe communities.
Policy 1.4.3 requires planning authorities to provide for an appropriate range and mix of housing
types and densities by permitting and facilitating all forms of housing required to meet the social,
health, and wellbeing requirements of residents, including special needs requirements. Special
is used by people who have specific needs beyond economic needs, including but not limited to,
needs such as mobility
habitation in the accessory structures will add to the range and mix of housing for those who
have special needs which do not allow them to benefit from traditional forms of emergency
shelter. Planning staff is of the opinion that the proposed zone change will allow the subject site
to accommodate additional compatible employment opportunities to meet long-term needs of
the surrounding community. As such, Planning staff is of opinion that the proposed zone change
is consistent with the policies and intent of the PPS.
Growth Plan for the Greater Golden Horseshoe
building stronger, prosperous communities by better managing growth in this region. In its
references to housing, the Growth Plan requires municipalities to plan for a range and mix of
housing, taking into account affordable housing needs. Allowing habitation in the accessory
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structures is an attempt to add to the mix of temporary shelter options for those with affordable
housing needs or those that cannot find housing.
Current City of Kitchener Official Plan (In effect)
The subject property is currently designated Warehouse District in the Downtown Land Use
Districts. Development of the area encourages reuse and conversion of the industrial buildings
for commercial and residential uses.
The City of Kitchener Official Plan housing section addresses the need for suitable and
affordable accommodations for all its residents.
of
suitable, affordable, and attractive accommodation for all its residents. In its consideration of
but not limited to age, gender, lifestyle, household and family structure and size, household
The intent of this section is to provide a wide variety of housing options for all residents in the
City of Kitchener. Allowing habitation in the two accessory structures will accommodate
Kitchener residents who are not able to sleep in traditional temporary shelters. It is Planning
neighbourhood and would provide accommodation to those in the community that have the
greatest difficulty paying for housing and finding appropriate accommodation.
New City of Kitchener Official Plan
Kitchener City Council adopted a new Official Plan on June 30, 2014 which was approved by
the Region of Waterloo on November 19, 2014 and is now under appeal. Section(4) of the new
Official Plan contains policies (4.C.1.25-
housing which is appropriately scaled, retained, located near services, and compatible with
other land uses. Allowing habitation in the two accessory structures is consistent with these
policies.
Regional Official Policies Plan
The Regional Official Plan (ROP) was adopted by Regional Council in 2009, approved by the
Province with modifications in 2010 and approved by the Ontario Municipal Board in June 2015.
rural communities one of the elements of which is a range and mix of housing options for all
income groups.
form, tenure, density and affordability to satisfy the various physical, social, economic and
g habitation in the accessory
structures will increase the range of temporary sheltering options for those who are homeless
and for various reasons are not able to use a local shelter.
Policy 3.A.10 speaks of the requirement for municipalities to permit special needs housing
within the community as defined by policies in Area Municipal official plans. Special needs
housing is defined as in the PPS (see above). Allowing habitation in the accessory structures
meets this policy as they serve a population that has support needs beyond economic needs.
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Planning Analysis
Planning staff is of the opinion that the proposed temporary use to allow habitation of two
accessory structures for a maximum of three years is a sound approach for addressing the
needs of the homeless on the subject property. The accessory structures will be monitored 24
hours by the existing residential care facility staff. It is Planning
habitation in the accessory structures will provide, safe temporary accommodation to Kitchener
residents who are not able to sleep in traditional temporary shelters. Staff also notes that there
were no concerns identified as a result of the circulation of this application other than the one
response addressed in the community engagement section.
It should also be noted that the City currently does not have a framework to consider this type of
use. The temporary use by-law all
limited time period, to determine if habitation of accessory units in some circumstances is
appropriate.
ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN:
The recommendation of this report s
through the delivery of core service.
COMMUNITY ENGAGEMENT:
INFORM and CONSULT The Application was circulated to City departments, commenting
agencies and property owners within 120 metres of the subject land onAugust 23,2016 as per
Planning Act requirements. A copy of all department/agency comments are attached as
Dice signs were placed on the subject land advising of the zone
change application.
of the committee meeting.
Staff received one written response from an adjacent business owner (attached as Appendix
).The resident provided feedback regarding the current loitering issues around the 87
Victoria Street North property. The resident indicated concerns regarding the potential for more
negative, illegal and disruptive activity to their business. Since these issues already exist and
are not directly related to the proposed temporary use, Planning staff forwarded the comments
to the applicant so that they could work with the resident to address the issues if possible. The
applicant acknowledged the comments and has followed up directly with the neighbour.
FINANCIAL IMPLICATIONS:
No new or additional capital budget requests are expected with this recommendation.
COMMUNICATIONS:
Notice of the December 5, 2016 public meeting of the Planning & Strategic Initiatives Committee
will be advertised in The Record on November 11, 2016. The newspaper notice is attached as
Commun
the Community Engagement Strategy. The notice will also be posted on the City of Kitchener
website at www.kitchener.ca.
CONCLUSION:
Planning staff is of the opinion that the proposed zone change demonstrates good planning
principles and offers a temporary time frame to test the appropriateness of such units. Staff
therefore recommends approval of the zone change as outlined in the Recommendation section
of this report.
6 - 4
REVIEWED BY: Della Ross, Manager of Development Review
ACKNOWLEDGED BY: Michael May, Deputy CAO (Community Services Department)
Attachments
Appendix A - Proposed Zoning By-law
Appendix B - Map No.1
Appendix C - Newspaper Notice
Appendix D - Department/Agency Comments
Appendix E Adjacent Business Comment
6 - 5
CSD-16-076
Appendix A
PROPOSED BY LAW
November 4, 2016
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
K-W Working Centre for the Unemployed
87 Victoria Street North)
WHEREAS it is deemed expedient to amend By-law 85-1 for the lands specified
above;
NOW THEREFORE the Council of the Corporation of the City of Kitchener enacts
as follows:
1. Schedule Number 84-law Number 85-1 is 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 Warehouse
District Zone (D-6) with Special Regulation Provision 105R and Special Use
Provisions 116U and 403U and Holding Provision 10H to Warehouse District Zone (D-
6) with Special Regulation Provision 105R and Special Use Provisions 116U and
403U and Holding Provision 10H and Temporary Use Provision 13T.
2.-law 85-1 is hereby further amended by
incorporating additional zone boundaries as shown on Map No. 1 attached hereto.
3.EBy-law 85-1 is hereby amended by adding Section 13as follows:
13. Notwithstanding Section 17 of this By-law, within the lands zoned Warehouse
District Zone (D-6)onSchedule 84habitation of two existing
accessory structureswithout plumbing services,ancillary to theresidential
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care facility shall also be permitted, for a time period of 3 years effective from
the day of passing of the By-Law.
PASSED at the Council Chambers in the City of Kitchener this ______day of
___________,2016.
______________________________
Mayor
_____________________________
Clerk
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2
A5
SG
R 4
3
3
L A
4
E
P
P
7
N
D
L
1
A
-
N
A
L
AR
N
8
D
S
45
N
T
2
A
E0
E
S
R
T
T
E
S
E
R
T
S
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CSD-16-076
Appendix C
Advertised in The Record November 11, 2016
PLANNING MATTERS:
PROPERTY OWNERS AND INTERESTED PARTIES ARE INVITED
TO ATTEND A PUBLIC MEETING TO DISCUSS
A PROPOSED AMDNEMDNT TO THE KITCHENER ZONING BY-LAW
UNDER THE SECTION 34 OF THE PLANNING ACT
87 Victoria Street North
The City of Kitchener has receivedan application for a temporary use by-law for a maximum of three years to permit
habitation of two structures, which are accessoryto the existing residential care facility locatedon the subject property.
The public meeting will be held by the Planning & Strategic Initiatives Committee, a Committee of Council which deals
with planning matters on:
MONDAY, December 5 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
opposition to, the above noted proposal. If a person or public body does not make oral submissions at this public
meeting or make a written submission prior to approval/refusal of this, the person or public body is not entitled
to appeal the decision to the Ontario Municipal Board, and may not be added as a party to the hearing of an
appeal unless there are reasonable grounds in the opinion of the Board.
ADDITIONAL INFORMATION is available by contacting the staff person noted below, viewing the report contained in the
meeting agenda (posted 10 days before the meeting at www.kitchener.ca - click on the date in the Calendar of Events and
th
select the appropriate committee), or in person at the Planning Division, 6 Floor, City Hall, 200 King Street West, Kitchener
between 8:30 a.m. - 5:00 p.m. (Monday to Friday).
Craig Dumart,JuniorPlanner -519-741-2200 x 7073(TTY: 1-866-969-9994)
craig.dumart@kitchener.ca
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