HomeMy WebLinkAboutCSD-17-026 - Official Plan Amendment & Zone Change - 69 Amherst Drive
REPORT TO: Planning and Strategic Initiatives Committee
DATE OF MEETING: April 3, 2017
SUBMITTED BY: Alain Pinard, Director of Planning, 519-741-2200 x 7319
PREPARED BY: Garett Stevenson, Planner, 519-741-2200 x 7070
WARD(S) INVOLVED: Ward 4
DATE OF REPORT: March 8, 2017
REPORT NO.: CSD-17-026
SUBJECT: Official Plan Amendment Application OP15/01/A/GS
Zone Change Application ZC15/01A/GS
Owl Properties Inc.
69 Amherst Drive
________________________________________________________________________________
Location Map: 69 Amherst Drive & 67 Durham Street
EXECUTIVE SUMMARY:
Planning staff are recommending approval of an Official Plan amendment and a Zone Change
application to permit a multiple dwelling in the form of a cluster stacked townhouse with 40 four
bedroom lodging houses, 6 two bedrooms dwelling units, and 1 three bedroom dwelling unit on the
subject lands. Planning staff recommend that the application as amended, as well as several other
recommendations outlined in this report, be approved.
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RECOMMENDATION:
A. That Kitchener City Council declare as surplus to City-needs and sell at fair market
value to Owl Properties Inc., a remnant triangular parcel of lands legally described as
PLAN 578 PT LOT 49 50 51 RP 58R-3045 PART 2; and
B. That Official Plan Amendment Application OP15/01/A/GS for Owl Properties Inc. and
the City of Kitchener requesting a change in designation from Low Rise Residential
with Specific Policy Area 16 to Low Rise Residential with Specific Policy Area 36 to
permit a 47 unit stacked townhouse development comprising of 40 individual lodging
houses (four bedroom units), 6 two bedroom dwelling units, as well as 1 three-
bedroom supervisor dwelling unit on the parcel of land specified and illustrated on
to Report CSD 17-026
Waterloo for approval; and
C. That Zone Change Application ZC15/01A/GS for Owl Properties Inc. and the City of
Kitchener requesting a change from Residential Three (R-3) with Special Use Provision
319U to to Residential Six (R-6) with Special Use Provision 460U and Special
Regulation provision 694R on the parcel of land specified and illustrated on Map No. 1,
-March 1, 2017,
attached to Report CSD 17-026
D. That Block Plan 58,originally approved in 1976 by Kitchener City Council, be repealed
in its entirety.
BACKGROUND:
Owl Properties Inc. has submitted an Official Plan amendment and a Zone Change application for the
lands shown on the location map above. The subject lands includea large portion of the parcel
municipally addressed as 69 Amherst Drive, and the former rear portion of 27 Durham Street, as well
as a small City-owned parcel along Doon Valley Drive. The subject area is currently vacant. The
existing residential building addressed as 69 Amherst is outside of the area of the applications.
The applications request Special Official Plan policies and site-specific zoning regulations to permit a
47 unit stacked townhouse development comprising of 40 individual lodging houses (four bedroom
units), 6 two bedroom dwelling units, as well as 1 three-bedroom supervisor dwelling unit.The
maximum building height is proposed to be 4.5 storeys or 13 metres and the total Floor Space Ratio
(FSR) is proposed to be 1.15.
The development is proposed to be marketed to Conestoga College students, and it is anticipated
that the units will be leased by the bedroom. As such, the four bedroom units are considered as
lodging houses under Zoning By-law 85-1.
Two Neighbourhood Information Meetings were held to gather public input on the applications. Staff
also met with interested residents in smaller groups, as well as the owners and their consultants
several times over the past few years. These meetings and discussions have resultedin changes to
the proposal. It should be noted that there is still opposition to the proposed development,as well as
opposition to any increase to the student population within the Lower Doon community by some area
land owners and residents. Planning staff have worked to address land use concerns relating to this
application and note that not all concerns can be addressed through the current
planning regulatory framework and approval process.
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There has been a significant amount of work and study of the Lower Doon area relating to student
housing and population distribution, which is discussed in applicable sections of this report. The
current Business Plan shows the Lower Doon Land Use Review and the Homer Watson/Conestoga
College City Node Master Plan as Strategic Actions that are planned to be undertaken in 2018
(continuing in 2019).Housing that is actively marketed as student rentals within the Lower Doon
community are largely located within existing single detached and semi-detached dwellings, or within
anaccessory dwelling or living area in an owner-occupied dwelling. There is also student marketed
housing in the Pioneer Park community.
Provincial, Regional, and City planning policy provide guidance that must be considered when
evaluating changes in land use permissions as discussed below.
include several considerations to address the land use planning comments received throughout the
process.
REPORT:
Provincial Policy Considerations
Provincial Policy Statement (2014)
The Provincial Policy Statement (PPS) provides policy direction on matters of provincial interest
cient development patterns that
optimize the use of land, resources, and public investment in infrastructure and public service
facilities. Further, the PPS directs the development of new housing to locations where appropriate
levels of infrastructure and public service facilities are or will be available to support current and
projected needs and promotes densities for new housing which efficiently uses land, resources,
infrastructure and public service facilities. The plan also supports the use of alternative
transportation modes and public transit in areas where it exists or is to be developed.
Planning staff is of the opinion that the proposed applications will facilitate the intensification of the
subject property with a more intensive residential use that is compatible with the surrounding
community and will make use of the existing infrastructure. A new form of housing in this location in
the form of townhouse dwelling units and lodging houses will add suitable, legal, reliable, and safe
housing options for members of the community, especially those seeking housing within close
proximity to Conestoga College. No new public roads would be required for the proposed
development and Engineering staff have confirmed there is capacity in the sanitary sewer to permit
intensification on the subject lands. Planning staff is of the opinion that the requested applications
are consistent with the policies and intent of the PPS.
Growth Plan for the Greater Golden Horseshoe (2006, updated 2013)
The subject properties are within the Built-up Area as defined in the Growth Plan for the Greater
Golden Horseshoe (Growth Plan). The Growth Plan promotes the development of healthy, safe, and
balanced communities. The Plan is also supportive of the appropriate intensification of existing
residential neighbourhoods with a range of housing types that reduce the dependence on the
automobile through the development of transit-supportive developments. As of 2015, the Plan
requires that a minimum of 40 per cent of all residential development occurs within the built-up area
by encouraging intensification generally throughout the built-up area. To achieve this, the City must
facilitate and promote intensification,plan for a range and mix of housing while taking into
account affordable housing needs, and encouragethe creation of secondary suites throughout
the built-up area.
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Planning staff is of the opinion that the applications conform to the Growth Plan as it allows for the
appropriate intensification of the subject property with a new form of housing that better suits the
needs of some members of the community.
Regional Policy Considerations
Regional Official Plan (ROP)
The ROP identifies the subject properties as within the Built-Up Area. Land use policies support and
promote a full range of housing types, and land use patterns that support alternative modes of
transportation including transit, walking, and cycling.
Planning staff is of the opinion that the applications conform to the Regional Official Plan.Regional
Planning staff have no objections to the proposed applications and provided specific water servicing,
transportation noise, and hydrogeology comments (AD
advisement for future development applications.
City Policy Considerations
An Official Plan amendment is being sought for new site-specific policies in the Official Plan to
permit a multiple dwelling in the form of a cluster stacked townhouse with a total maximum Floor
Space Ratio (FSR) of 1.149 anda maximum height of 4.5 storeys or 13 metres.
In addition to the site-specific policies being requested for FSR and height, Planning staff
recommend including site-specific policies regulating the total number of bedrooms and the amount
and type of units permitted. Specifically, Planning staff recommend that the site-specific policies
include language to permit a multiple dwelling in the form of a cluster stacked townhouse with 40
four bedroom lodging houses, 6 two bedrooms dwelling units, and 1 three bedroom dwelling unit
with a total maximum Floor Space Ratio of 1.149, with a total of 175 bedrooms with a maximum
height of 4.5 storeys or 13 metres internal to the site.A minimum requirement for both indoor
amenity space as well as indoor secure bicycle parking is also proposed as part of the
recommended zoning.
Planning staff recommend keeping the Low Rise Residential land use designation as it applies to the
land currently and adding the site-specific policies areas as outlined above.
City of Kitchener Official Plan
The Official Plan for the City of Kitchener was adopted by Kitchener City Council on June 30, 2014
and approved by the Region of Waterloo on November 19, 2014. While some policies remain under
appeal,the balance of the plan is now in force and effect, with an in effect date of September 23,
2015, being the date the appeal to the entire 2014 Official Plan was withdrawn. Where policies of
the 2014 Official Plan were specifically appealed, those specific policies are not in effect.
The vision of the new Official Plan states
community creates and provides access to a mix of land uses including a full range and mix of
housing types.A complete community also supports the use of public transit and active
transportation, enabling residents to meet most of their daily needs within a short distance of their
homes. Planning for a complete community will aid in reducing the cost of infrastructure and
servicing, encourage the use of public transit and active modes of transportation, promote social
interaction, and foster a sense of community.
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The Official Plan Supports 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 City favours a land use pattern which mixes and disperses a full range of housing
types and styles both across the city as a whole and within neighbourhoods.
The subject lands are designed as Low Rise Residential in the new Official Plan. The City
encourages and supports the mixing and integrating of innovative and different forms of housing to
achieve and maintain a low-rise built form.A maximum Floor Space Ratio of 0.6 applies to all
development and redevelopment in the district. Site-specific increases to allow up to a maximum
Floor Space Ratio of 0.75 may be considered without an Official Plan amendment. A maximum
building height of 4 storeys or 14 metres, at the highest grade elevation, whichever is the lesser,
may be permitted on lands having primary frontage on to a Regional Road or City Arterial Street.
The subject lands are also subject to Specific Policy Area 16(Lower Doon) which prohibits duplex
dwellings and second dwelling units in semi-detached dwellings. This policy is carried forward from
the current Official Plan and was established as a result of the Lower Doon Housing Study and is
discussed later in this report.
The Official Plan contains policies to consider when a site-specific zoning regulation is proposed to
facilitate residential intensification or a redevelopment of lands. The overall impact of the special
zoning regulations will be reviewed by the City to ensure;
That any new buildings and any additions and/or modifications to existing buildings are
appropriate in massing and scale and are compatible with the built form and the community
character of the established neighbourhood,
That new buildings, additions, modifications and conversions are sensitive to the exterior
areas of adjacent properties, and that the appropriate screening and/or buffering is provided
to mitigate any adverse impacts, particularly with respect to privacy, and
That the lands can function appropriately and not create unacceptable adverse impacts for
adjacent properties by providing both an appropriate number of parking spaces and an
appropriate landscaped/amenity area on the site.
The impact of each special zoning regulation must be reviewed prior to formulating a
recommendation to ensure that a deficiency in the one zoning requirement does not compromise the
site in achieving objectives of compatible and appropriate site and neighbourhood design and does
not create further zoning deficiencies.
The new Official Plan permits a lodging house with up to 3 lodgers in any land use designation that
also permits residential uses. Lodging houses with between 4 and 8 residents are only permitted in
zones that also permit multiple dwellings. The City encourages lodging houses to locate within
walking distance of public transit and in close proximity to supportive non-residential uses.
The City is committed to achieving a high standard of urban design, architecture and place-making
to positively contribute to quality of life, environmental viability and economic vitality. Urban design is
a vital component of city planning and goes beyond the visual and aesthetic character of individual
buildings and also considers the functionality and compatibility of development as a means of
strengthening complete communities.
Urban Design policies in the new Official Plan support creating visually distinctive and identifiable
places, structures and spaces that contribute to a strong sense of place and community pride, a
distinct character and community focal points that promote and recognize excellence and innovation
in architecture, urban design, sustainable building design and landscape design. The City will
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require high quality urban design in the review of all development applications through the
implementation of the policies of the new Official Plan an Design Manual.
The new Official Plan aims to support and enhance sustainable transportation choices and
discourage single occupant vehicle trips by encouraging various modes of travel in an effort to
reduce traffic congestion, parking supply needs, and demand for parking spaces. The City supports
dependency, make alternative travel modes more attractive, and influence people to adopt
sustainable trip behaviours and practices. The City can consider reduced parking requirements for
development and/or redevelopment where a comprehensive Transportation Demand Management
Report is submitted and supported.
The new Official Plan commits to maximizing the use of existing municipal services and utilities
before consideration is given to extending and/or developing new municipal services to promote
cost-effective development patterns and standards to assist in minimizing servicing costs.
Map 5 in the new Official Plan identifies an area adjacent to the Lower Doon community as Specific
Policy Area 26 which notes that the City will undertake a Master Planning exercise to the appropriate
Urban Structure Component and the land use designation mix necessary to achieve the planned
function for this area through a future Official Plan Amendment.
Official Plan Analysis
objectives and policies in the Official Plan. The applications propose housing marketed to the
student population in the form of lodging houses and two bedroom units within a cluster stacked
townhouse arrangement.This new dwelling type in the community creates an opportunity to create
affordable, adequate, safe, and good quality housing in an appropriate community setting which
meets the needs of some community members.
The Low Rise Residential district permits the integration of innovative and different housing forms of
housing to achieve an overall low-rise built form. The majority of the rental housing stock in Lower
Doon is comprised of modified single-detached dwellings, duplexes, or semi-detached dwellings.
The proposed application provides a new type of rental accommodation for the community.
The building with the greatest height, proposed at 4.5 storeys or 13 metres, is located interior to the
site and will provide indoor private amenity area for residents. Due to the design of the site; there
will be no building mass at the street elevation.Building height is regulated further in the proposed
site-specific zoning.
Policy 15.D.3.10 of the Official Plan confirms that densities are measured by net residential dwelling
units per net hectare and are to be used as guidelines for the preparation of Secondary and
Community Plans and are not meant to apply to individual developments.
To help illustrate the density change with the proposed development, the following table illustrates
the estimated existing density of Lower Doon area based on last known legal land use. The Official
Plan does not limit the total area to only Lower Doon, so the following table is for illustrative
purposes only.For the purpose of the calculations below, Lower Doon refers to the geographic area
that is zoned for residential uses east of Schneider Creek, south of the Grand River, and north of
Doon Valley Drive (as well as 39 to 59 Doon Valley Drive).
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Potential Density Calculations: Lower Doon
Lower Doon
Dwelling Units Density
Land AreaNote
(Total)(uph)
34 Ha
*Estimated number of existing
dwelling units in Lower Doon
Existing350*9.7 uph
(Includes Mill Club &Doon
Settlement)
Current Development **As recommendedas the unit
350+47**= 39711.67uph
Proposal(69 Amherst)maximumby Planning Staff
Remainder of ***As requested by Zone Change
350 + 47+75***=
Undeveloped Lands Application ZC16/011/P/GS 13.88uph
472
(50 Pinnacle)(currently in circulation)
****Assumes public road with
Existing + Block Plan
350 + 38**** = 388additional 24 single detached and 14 11.41 uph
58
semi-detached dwellings
The total change in density for the Lower Doon area with these applications is an increase to
approximately 11.67 uph, up from the current density of 9.7 uph. If the lands were developed in
accordance with Block Plan 58, the potential density would be 11.41 uph.
Through the Site Plan process, the design of the buildings will be considered in greater details.
Materials, finishes, and detailed design elements that are found throughout the neighbourhood will
be encouraged for the buildings to ensure compatible design. Lighting, landscape design and
materials, amenity areas, façades, roof designs, and site layout, and configuration will be carefully
considered through the submission of detailed design plans and drawings.Specific zoning
regulations are being recommended to ensure that the building footprint is compatible with existing
surrounding residential land uses.Landscape material and design will be used as a means to buffer
the buildings from adjacent properties, to provide amenity area for residents, to accommodate snow
storage, and to soften the street access. The site planning process will also include a development
agreement which will ensure the long-term maintenance and upkeep of the site.Site Plan Control
will be used in accordance with the Planning Act as a means of achieving awell-designed,
functional, accessible, and sustainable built form.
The developer is proposing several Transportation Demand Management techniques to help reduce
parking demand and support public and active transportation. Initiatives include leasing parking
spaces and units separately, providing indoor secured bicycle parking, promoting to student
residents who do not own or rely a personal vehicles, and being located in close proximity to the
College and the Conestoga Students Inc. Shuttle service.The future residents will be able to meet
most of their daily needs within a short distance of their homes, including places to learn, play, and
work.
The proposed development is a cost-effective means to reduce infrastructure and servicing costs by
minimizing land consumption and making better use of existing community infrastructure.The
development does not require any new City-funded infrastructure. The new Official Plan commits to
maximizing the use of existing municipal services and utilities before consideration is given to
extending and/or developing new municipal services to promote cost-effective development patterns
and standards to assist in minimizing servicing costs.
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Kitchener Growth Management Plan
The Kitchener Growth Management Strategy (KGMS) helps to ensure that growth is managed
effectively to achieve the required density and intensification targets, through a desired built form
and function which will enhance the quality of life in Kitchener.
While the intent of the Kitchener Growth Management Plan (KGMP) is to help guide the relative
priority for all development applications within a growth area with a primary focus is on plans of
subdivision, vacant land condominiums, and official plan amendments for new urban land use
designations within growth areas that have not previously been considered in past Staging of
Development Reports, it is based on the fundamental principle that maximizing the use of existing
infrastructure is preferred, and that planning for and implementing intensification is a high priority.
Planning staff is of the opinion that the applications comply with the KGMS and KGMP as it allows
for the appropriate intensification of the subject property, better utilizes the existing infrastructure,
allows for a built form that is compatible and complementary to the existing neighbourhood, and will
bring a new legal housing type into a stable community.
The Lower Doon Community Plan, 1977
The Lower Doon Community (Secondary Plan) was adopted by Kitchener City Council on February
28, 1977 and approved by Regional Council on March 24, 1977. The original purpose of the plan
was to serve as interim guiding document to permit the processing of zone change applications,
severances, block plans, and plans of subdivision, to facilitate additional development and to
preserve historical buildings and structures.
The Lower Doon area has experienced a lot of change since the plan was approved in 1977.
Residential developments that have been completed since the approval of the plan include: Orchard
Mill Crescent, the Mill Club condominiums, Mill Park Drive, Millview Street, Morningview Place, as
well as the Doon Settlement condominiums. There have been significant changes to the road
network, including the extension of Old Mill road over Schneider Creek, as well as the
reconfiguration of Doon Valley Drive, Pinnacle Drive, and New Dundee Road. Additionally, there
have been substantial additions and expansions to the physical college campus as well as the
student population. Finally, there have been significant changes to the planning framework,
including Provincial legislation, as well as new and updated Regional and City plans and documents.
Planning staff is of the opinion that the Lower Doon Community (Secondary Plan) does not need to
Zone Change applications considered hereto. The plan has no legal status and has not been
updated to reflect other developments or legislative and policy changes since it was approved in
1977. This plan will be updated or replaced at a future time when comprehensive land use planning
exercises are undertaken for the broader community.
Block Plan 58, 1976
Block Plan 58 was approved in 1976 by Kitchener City Council and was prepared to provide
direction to enable comprehensive development of the (then 16) existing properties within the
subject area to achieve maximum utilization of the numerous land parcels with minimum land
exchanges required. Map B of the Plan (shown below), as approved, shows the area developed
with a total of 42 single detached dwellings (single family lots), 12 semi-detached dwelling (24 semi-
detached dwelling units), and a new publically-owned road from Doon Valley Drive to Pinnacle
Street.
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Block Plan 59 Approved Map B
The majority of the development area of the plan includes residential uses fronting onto the four
surrounding streets. The lands interior to the block have not been developed.
The new Official Plan requires that any development application which is not consistent with a Block
Plan approved by Council may receive approval provided it can be demonstrated that any deviations
from the Block Plan are appropriate, represent good planning, represent an improvement, and
conform to the policies of the Block Plan.
inion that the proposed development aligns with the original intent of the
Block Plan.The Owner has consolidated several properties and is proposing to purchase a
redundant portion of City-owned land. The private driveway and parking area of the site have been
designed to follow a similar alignment to the proposed public road shown in the Block Plan. The
private drive aisle has been designed so that it may easily extend to the adjacent site in future if
needed for access or servicing. While the form and the type of residential use proposed is different
than that contemplated in the Block Plan, the concept of orderly and comprehensive development is
achieved.
The City is also in receipt of a zone change and site plan application for the balance of the
undeveloped lands within the boundary of Block Plan 58. A cluster townhouse development with
accesses onto Pinnacle Drive and Doon Valley Drive is proposed. At this time Planning staff are
recommending that Block Plan 58 be rescinded as the undeveloped lands within the plan boundary
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can be comprehensively planned through their respective Planning Act applications and approval
procedures.
Student Task Force,2001
The Student Housing Task Force was a group established to discuss student housing considerations
in relating to increased demand for student housing in the Region of Waterloo as a result of the
double cohort of graduates in 2003 (when grade 13 (OAC) was eliminated in Ontario high schools).
The report made five recommendations affecting all parties involved in student housing; local,
regional, provincial and federal governments, the universities and colleges, student councils, the
building and real estate industry, landlords, residents, and the community.
The five recommendations to address the goals of the Task Force included:
1. To increase the supply of student housing,
2. To develop ways to increase the quality, suitability and affordability of student housing,
3. To develop ways to reduce the negative impact of student housing in neighbourhoods,
4. To develop ways to increase/improve services related to student housing, and
5. To increase knowledge of and develop methods to improve relationships and
communications among students, residents, landlords, municipalities, universities and
colleges.
The Task Force final report outlines actions to be taken to achieve each goal. These actions were
assigned to different members of the task force for either immediate (before September 2001), in the
short term (September 2001 to September 2002), and long term (beyond September 2002).
The City was tasked with completing various implementation actions. Some of the completed and
ongoing actions by the City include;
Completing a policy and zoning study to evaluate existing land use options for increasing
student housing near institutions,
Increasing by-law enforcement and building, lodging house, and fire code inspections,
Establishing a pro-active by-law enforcement areas for property standards, zoning, building,
and fire code, and parking near the College,
Increasing communication of who is responsible for property maintenance,
Increasing the distribution of by-law/regulations to students,and
Establishingan on-going working group toaddress student housing issues(Town and Gown
Committee).
The detailed implementation of these actions is discussed in subsequent sections of this staff report.
The proposed application would help to meet the first goal by providing housing marketed to the
student population.The majority of the current rental housing stock that is marketed to student in
the Lower Doon area is not built and designed for the student population and has varying degrees of
quality. The development of legal housing marketed to the student population at this location will
provide additional safe housing options for students that can be annually inspected by the City
through the lodging house licensing process.
Lower Doon Student Housing Study,2001 & 2002
Staff were directed to undertake a comprehensive study to address specific matters relating to
student housing in Lower Doon which included reviewing current housing opportunities for student
housing, means of increasing student housing, review of existing legislative framework, and review
of parking issues.
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On August 27, 2011, Council passed Interim Control By-law 2001-162 which placed certain
restrictions on development in Lower Doon pending the outcome of the study. By-law 2001-162 was
appealed to the Ontario Municipal Board and after a hearing, the by-law was upheld.
In 2002, the Development and Technical Services Committee recommended approval of serval
recommendations from the Lower Doon Student Housing Study as discussed below.
That the Enforcement Division continue its efforts to educate residents, landlords and students in the
Lower Doon area, with respect to City bylaws, and enforcement procedures.
By-law enforcement staff have implemented a work program of special by-law enforcement
coverage that has been put in place in Lower Doon and Doon Pioneer Park, which includes:
Staffing a dedicated Noise Officer every Friday and Saturday night beginning on Labour
Day weekend until winter, and again in the spring. These officers are proactively looking
for gatherings or parties, they speak with students and advise them of City by-laws, they
explain the complaint process and outcome, and they advise that this area of the City
has a zero tolerance policy for enforcement.
Property Standards Officer proactively inspect the area every weekday from September
through May. They are looking for any exterior visible violations including; improper
storage of garbage, front lawn parking, unmaintained grass and yards,snow clearing of
sidewalks,etc.
By-law Officers conduct daily enforcement of vehicles parked in no parking areas, parked
on or over City sidewalks,vehicles overhanging the roadway, vehicles parking longer
than the permitted time frame (3 hours), as well as unpermitted overnight parking during
the winter months.
By-law Officers and staff conduct a door knocking program where they meet with new
and returning student residents to provide education on applicable law and City by-laws.
Chairing the Town & Gown Committee which includes representatives from the
Neighborhood Group, the College, the Police, the Student Union, the Area Councilor and
the landlord group
That the residents of Lower Doon create a neighbourhood association consisting of residents,
landlords, students and college representatives to provide a basis for regular communication and
st
from the neighbourhood association.
The Kitchener Conestoga College Town and Gown Committee was formed in 2006 with the goal
of building relationships between college students and residents of the Lower Doon
neighbourhood. The Committee responds to issues that may arise as a result of the mix of
students and residents in the neighbourhood. Representation on the committee includes the
City of Kitchener's bylaw enforcement division, Waterloo Regional Police Service, Conestoga
College, Conestoga Students Inc., the Lower Doon Neighbourhood Association and an area
landlord(s).
That the Parking Division undertake the necessary surveys/studies with the neighbourhood in order
to determine the most appropriate approach to regulating on street parking in Lower Doon by
December 31, 2002.
Parking studies are completed on a street by street basis throughout the City.There were traffic
studies that were conducted in 2009, 2010, 2011, and 2012.Actions are taken on a street by
street basis as traffic counts warrant.
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That Grand River Transit staff be requested to continue improvements to service for Conestoga
College students.
As of September 7, 2015, the Region has launched the IxPress 203 route linking the Conestoga
College terminal with the Sportsworld terminal, providing express connections to ION Route 200,
local routes 52 and 72Plus, as well as Go Transit and Greyhound. The Lower Doon area is also
serviced by local routes 10, 16, 61,76Plus, and 111. Route 200 is the first phase of the ION
rapid transit corridor which will connect to LRT rapid transit in future.
That Conestoga College be requested to continue to make students aware of the existing Code of
Conduct.
The Code of Conduct is website which outlines expected
behavior and reminds students that they represent the College both on and off campus.
That the College be requested to work with City staff to develop a procedure to develop a
rating/inspection procedure for units in the College Housing Registry by December 31, 2002.
s a fire inspection and compliance program for any dwelling in
Lower Doon on a request basis.If an inspection is passed, the City shares the date of the
inspection with Conestoga Student Inc., the official student association representing full-time
students at Conestoga College.
That Council give their general support to development applications, within close proximity to
Conestoga College, that may provide additional housing for students outside of the Lower Doon
study area. The approval of such applications shall be subject to regular circulation and review and
will be recommended for approval only if considered by Planning staff to be appropriate
development.
While not specifically housing marketed to the student population, two new 16 storey residential
buildings with a total of 274 dwelling units were recently constructed at 200 Old Carriage Drive
which provides an alternative housing option in this area.Planning staff are aware that many
students dwelling live in these buildings.
That Council support the Official Plan Amendment (OPA 45) and Zone Change (By-law 2002-161)
that will prohibit duplexing in the Lower Doon study area.
Official Plan Amendment (OPA 45) and Zone Change (By-law 2002-161) were approved and
appealed to the Ontario Municipal Board, and ultimately implemented as approved. The
recommendation to prohibit duplexing resulted from the findings that the Lower Doon community
may not be able to absorb the doubling of the density should every single property exercise their
existing right to add an additional dwelling unit (duplex the existing single or semi-detached
-detached
dwellings does not take into consideration the unusual housing demand generator of the College
in the Lower Doon community.
While the previous zoning permitted as-of-right duplexing under existing permissions, the
proposed applications are part of a comprehensive planning approval process. The application
was carefully considered by planning staff for impacts to the Lower Doon community. The
proposed density increase is concentrated to one consolidated area, not an automatic doubling
of density (duplexing) of every property. A future site approval process will be required where all
applicable Urban Design policies and guidelines can be implemented. Through subsequent
approvals, the City can regulate all aspects of the development something that was not
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possible for as-of-right duplexing. Planning staff recommend removing the duplexing prohibition
from this property and replacing it with new zoning regulations that restrict the maximum density
to 40 four bedroom lodging houses, 6 two bedrooms dwelling units, and 1 three bedroom
dwelling unit.
Zoning By-law 85-1
Planning staff are recommending site-specific zoning to provide additional direction that will guide
future development. In addition to the site-specific zoning for setbacks and parking regulations
requested by the applicant, Planning staff recommend changing the zoning from Residential Three
(R-3) with Special Use Provision 319U to Residential Six (R-6) with Special Regulation provision
694Rand Special Use Provision 460U.
Special Use Provision 460Uis to permit acluster stacked townhouse with 40 four bedroom lodging
houses, 6 two bedrooms dwelling units, and 1 three bedroom dwelling unit. Special Regulation
provision 694R would regulate the development as follows;
A maximum Floor Space Ratio of 1.15,
A maximum building height of 11.75 metres and/or 3.5 storeys for any building within 20
metres of any lot line,
A maximum building height of 13.0 metres and/or 4.5 storeys for any building setback more
than 20 metres from any lot line,
A minimum of 1 bicycle parking stalls per dwelling unit and a minimum of 1 bicycle parking
stalls per dwelling unit be provided and located within a building or structure within a secure
area or an enclosure with a secure entrance or within bicycle lockers,
A minimum of 0.25 bicycle parking stalls per dwelling unit and a minimum of 0.25 bicycle
parking stalls per lodging house be located in accessible and highly visible location,
A minimum indoor amenity area of 150 square metres,
A maximum of 175 bedrooms within all lodging houses and dwellings units,
A maximum of 4 residents per lodging house,
No individual lot area per lodging house,
A minimum off-street parking rate of 1.44 spaces per lodging house and a minimum off-street
parking rate of 1.44 spaces per dwelling unit,
No maximum lot coverage, but a minimum combined landscape and amenity area of 40% of
the total lot area,
A minimum rear yard setback (adjacent to rear yards of properties with frontage on Amherst
Drive) of 6.5 metres, except where up to 100 square metres of ground floor area may be
located within 4.5 metres of the rear lot line, and
No Minimum Distance Separation from any other Lodging Houses.
Planning staff are also recommending that same zoning provisions to applied to the City-owned
portion of land, and that that potion of land be declared as surplus to City needs.
CRoZBy (New Zoning By-law, Fist Draft), 2015-2017
The City is undertaking a review of the Zoning By-
Comprehensive Review of the Zoning By-law (CRoZBy) project is well underway. This project will
-
Residential Zones (RES) are part of the third and final component of the first draft and are not yet
completed.
The first draft of the new parking regulations have been published, including bicycle parking stall
regulations which are proposed to be implemented through the recommended site-specific zoning.
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Outdoor accessible bicycle parking regulations are proposed that align with the draft regulations
(0.25 stalls per unit), and indoor secure bicycle parking is being recommended at a rate of 1 stall per
unit, in accordance with the recommendation in the TDM Options Report prepared to support the
applications.
Lodging Houses
A lodging house is a dwelling unit designed to accommodate four or more residents exclusive of the
owner or primary occupant who share common areas of the dwelling and do not appear to function
as a household. The proposed housing marketed to the student population, where four students
rent a portion of the dwelling (usually a bedroom) and share common space (usually a kitchen,
bathroom and/or living room), represents a living arrangement that can be classified as lodging
house.
Planning staff are recommending that the proposed four bedroom units will be permitted as lodging
houses. All lodging houses in the City of Kitchener require an annual license to ensure compliance
with the Zoning By-law, the Ontario Building Code, the Ontario Fire Code, Ontario Electrical Safety
Code, City of Kitchener Property Standard By-law, and the City of Kitchener Lot Maintenance By-
law. Inspections are undertaken by the By-law Enforcement Division and the Fire Division annually
before a license may be renewed.Council reserves the right to refuse, revoke, suspend, or place
conditions on a license if the lodging house fails to be operated in conformity with the law. The
enter a lodging house at any reasonable time in
order to carry our inspections as required.
The operator of the lodging house must post a notice stating the location and maximum numbers of
lodgers in the main entrance of the lodging unit. Each occupant must be registered prior to
occupancyname and address. The license requires the operator to provide
the contact information for the on-site person responsible for day-to-day operations. Failure to
comply with the lodging house license may result in a fine of up to $50,000 for a corporation.
The Lodging House License system affords the City will additional controls for each dwelling unit and
provides the necessary legal rights for the City to enter the lodging houses to conduct inspections to
ensure compliance with all applicable laws. The required annual inspections will help to ensure that
the lodging houses are maintained in an appropriate and satisfactory manner.
The Zoning By-law requires a minimum distance of 400 metres between lodging houses. In this
case, Planning staff are recommending that no minimum distance be applied for the subject lands
and each of the 40 four bedroom units be permitted as an individual lodging house.
lodging houses, garden suites and
residential care facilities and supports the integration of these housing types at appropriate locations
in all residential areas.Further, the new Official Plan provides additional policy direction and permits
lodging houses with 4-8 residents in all zones permitting multiple dwellings provided they are
intergraded appropriately and close to supportive non-residential uses.
The Community and Infrastructure Services Committee considered the potential for residential rental
licensing as outlined in Staff Report CSD-13-060. As a result, staff were directed to investigate
alternatives to a residential licensing program, including, reviewing the feasibility and implications of
housing developments with the potential for increased density in Lower Doon to alleviate the
demand for the conversion of single-detached dwellings, to develop a relationship with the Lower
Doon and Doon Pioneer Park landlord association, to strengthen the relationship between the City
and the Waterloo Regional Police in order to coordinate prevention and enforcement initiatives, and
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to investigate ways to increase the effectiveness of enforcing existing zoning and lodging house
regulations relating to identified properties of concern.
Planning staff are recommending that the established lodging house licensing system be applied to
the four bedroom units. The proposed development allows for additional student housing
accommodations in Lower Doon without the conversation of single-detached dwellings.
City-Owned Parcel of Land
The subject lands include a small triangular piece of City-owned property adjacent to Doon Valley
Drive which were originally proposed to be part of Sydenham Street, which was never developed
between Doon Valley Drive and Amherst Street. The Applicant has requested the City consider
these lands as surplus to City needs and sell them at fair market value, with all costs to complete the
. The City-owned lands are proposed to be used to
provide access to the site from Doon Valley Drive.
While there were no concerns identified with selling the lands by the Property Management
Committee, there were some existing registered agreements identified that need to be released
before the lands can be sold. These agreements include a driveway encroachment agreement and
easement in favour of 130 Doon Valley Drive and an off-site parking agreement with 72 Amherst
Drive. These agreements were established prior to the current land consolidations and are no
of the City-owned parcel.
Planning staff are recommending that these lands be declared as surplus to City needs and sold to
the Applicant at fair market value
expense; this would facilitate consolidation with the larger parcel. These lands serve no purpose to
the City and are no longer required as no public road is proposed in this location. Utilizing these
vacant lands for access to the development is appropriate and will resolve the need to demolish 69
Amherst Drive for the purpose of providing access.
AGENCY COMMENTS:
A copy of all comments received from the commenting agencies and City departments are attached
E
summary, there are no outstanding concerns with the proposed Official Plan Amendment and Zone
Change applications. Additional consideration or concerns will be addressed through the site
development approval process.
NEIGHBOURHOOD COMMENTS:
There has been significant community interest in these applications.Planning staff received several
Many residents and community members
were actively involved and consulted on this application for the past several years. Planning staff
are appreciative of the productive and collaborative discussions by those involved. While there is
remaining opposition to this application by many, Planning staff are of the opinion that many of the
comments received from the community that can be addressed through the Official Plan Amendment
and Zone Change application processes, have been considered and addressed. Many of the
comments received represent complex issues that require ongoing attention from multiple City
divisions and external partners, including Conestoga College, City By-Enforcement, the Town and
Gown Committee, and Waterloo Regional Police.
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Supply/Condition of Existing Dwelling Units
Planning staff were advised that there are many rental bedrooms in the Lower Doon community that
are substandard, illegal, overpopulated, and/or unsafe.Residents advised that several single
detached dwellings have been illegally converted to student housing and contain several student
dwellers. Planning staff were advised that there was concern about insufficient parking, lack of safe
housing options, ongoing property maintenance concerns, and inattentive landlords. Residents also
advised that there appears to be an oversupply of student housing which is evidenced by constant
have also been made aware that some
are also aware of a limited number of legally permitted lodging houses in the Lower Doon area as
well as several permanent residents that rent a portion of their single detached dwelling to students.
As discussed in the Lodging Houses section above, Planning staff are recommending that the
proposed four bedroom units be permitted as lodging houses. This would offer legal housing options
in the Lower Doon area, which is the closest residential community to the Doon Campus of
Conestoga College. While there may be an oversupply of less desirable or illegal housing options,
Planning staff are recommending a legal housing option within
walking distance to the Doon Campus, which is the primary student housing demand generator for
this community. Through the Lodging House licensing approval process, the City has the ability to
regulate and inspect the dwellings to ensure that they remain a safe and legal housing option over
time.
Behavioural Issues
Planning staff heard several behaviour related concerns from residents including the following:
people drinking or carrying open alcohol in the street, theft from vehicles, littering, property damage,
recycling boxes being left out at the street, loud music and/or parties, congregating in the street,
unsafe gathering spaces, and aggressive driving.
There are remedies to the behaviours that are reported by the residents that are outside of the
planning approval process.As outlined in the Lower Doon Student Housing Study 2001 & 2002
-law enforcement staff have implemented a work program of special by-
law enforcement coverage that has been put in place in Lower Doon and Doon Pioneer Park.
Through the site planning process, Planning staff can regulate the design of the proposed
development to implement physical solutions to some of the behavioural issues noted above. For
example, the rear yards are proposed to be reduced to allow for a greater central outdoor amenity
area. The amenity area, which is proposed to be located in the centre of the development away
from adjacent residential uses, provides an area for the residents to use for socializing.
Landscaping features such as deciduous trees and/or solid wood fencing can be incorporated
around the perimeter of the site to delineate the property boundary.Central garbage and recycling
facilities would be located internal to the site and managed by a private contractor to avoid the need
for curb side collection. The proposed zoning also requires an indoor amenity area and indoor
secure bicycle parking, which will be added amenities for the residents.
Not all behavioural issues can be addressed through a planning approval process or site design.
While the refrom vehicles, aggressive driving, property damage,
and public intoxication are valid, these are criminal matters that occur in other areas of the City as
well and are dealt with by Waterloo Regional Police.-law officers do proactively patrol
the neighbourhood to identify potential issues and to discourage certain behaviours before they
become problematic.
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Balancing the Student Population and Permanent Residents
Planning staff heard from several residents that it is important to protect the neighbourhood in the
interest of the permanent residents. Several people also said that they would be forced to move out
of the neighbourhood if more student housing is permitted. Some residents were also concerned
that if these applications were approved, more student housing would be proposed at 50 Pinnacle
Drive.
Conestoga College Doon Campus is a student housing demand generator for the surrounding
neighbourhoods. The existing student housing stock within close proximity to the campus is largely
comprised of converted single detached dwellings that were not designed to be inhabited by student
dwellers. Planning staff are recommending a housing form that is for housing marketed to the
student population. Generally speaking, many student dwellers have different housing wants and
needs from the permanent residents, but currently reside in a very similar housing form, being single
detached dwellings. This is a contribu
professionally managed residential complex would be operated differently than the existing house
stock and the maintenance of the site would be obligated through a development agreement,
requiring landscape maintenance, private snow removal, and private garbage pickup. In the existing
housing stock, some of these responsibilities are up to the residents to undertake.
As mentioned above, the City is in receipt of a zone change and site plan application for the adjacent
lands, being 50 Pinnacle Drive, for market rate condominiums. The proposal is similar in nature to
the existing Doon Settlement and Mill Club condominiums in Lower Doon, as the proposed
development is a market-rate condominium project that is not marketed to student dwellers. These
applications are currently subject to public comment and a recommendation on these applications
will be considered on their merit alone. The City cannot regulate where any one person may live,
whether that person is a student dweller, or a permanent resident. In this case, the applicant has
advised that these units will be marketed to the student population and rented by the bedroom,
which resembles a lodging house.
Comprehensive Land Use Study
Some residents have suggested that a decision on these lands is premature until a master plan is
undertaken for the surrounding community.
Map 5 in the new Official Plan (excerpt shown below) identifies an area subject to Specific Policy
Area 26 that includes lands on both sides of Conestoga College Boulevard west of Homer Watson
Boulevard, as well as the lands owned by Conestoga College east of Homer Watson Boulevard.
Specific Policy Area 26 identifies that the City will undertake a Master Planning exercise to confirm
among other matters the appropriate Urban Structure Component to be applied to the subject lands
and the appropriate land use designation mix necessary to achieve the planned function for this area
through an Official Plan Amendment. While the subject lands are outside of the area affected by
Specific Policy Area 26, the current Business Plan identifies the Lower Doon Land Use Review and
the Homer Watson/Conestoga College City Node Master Plan as Strategic Actions that are planned
to be undertaken in 2018 (continuing in 2019).
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Excerpt from Map 5: Specific Policy Areas (Official Plan)
Planning staff can advise that no work has commenced on these studies to date and the scope of
the work has yet to be determined. Withholding a decision on the subject applications until that work
is completed is not recommended by Planning staff.The City has a duty to process and consider
regulate behavioural issues through Planning Act applications.
Development Concept
Speaking specifically to the design of the proposed development, some commenters expressed
concern with the use, size, density, parking configuration, and massing of the buildings.
The building form with the greatest height is located in the middle of the site. The proposed side and
rear yards allow for a significant landscaping buffer around the entire site which will help delineate
the property from adjacent land uses. The proposed stepped rear yard allows for some breaking of
the building mass along the rear, while still allowing a slight reduction in the setback to allow for the
shifting of the building to enlarge the amenity area in the center of the site. Locating the amenity
area central to the site allow for a high level of natural surveillance. As part of the site-specific
zoning being recommended, anenlarged outdoor amenity and landscape area will be required, as
well as an indoor amenity area. The preliminary site plan and development concept can be found in
Through the site plan approval proposal, staff will regulate the building materials and design to
ensure that elements form the existing community are represented to ensure that any new
development is complementary to the existing built form of the community. Staff will require that a
variety of high quality building materials are used to break up the mass of the building and require
that architectural elements found in the community are used in the design. The City has an
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established Letter of Credit process to ensure that approved plans are constructed. A development
agreement containing a schedule of all approved plans will be registered on title to ensure the long-
term maintenance and function of the site.
proposed built form has resulted from negotiations between the developer and the City to help
integrate the buildings into the context of the surrounding neighbourhood. Roof heights, building
articulation, and amenity features are strategically located to minimize impacts to the existing single
detached dwellings that encompass this property. Staggered foundations provide for varying plains
along the façade and help add interest to the development. Parking spaces and outdoor amenities
are centrally located to minimize impacts to neighbours such as noise and light glare from vehicle
headlights. To help with pedestrian connections, internal sidewalks are located throughout the
development that lead to future city sidewalks. Increased amounts of bicycle parking are provided to
support the future student residents.
Through the site plan and zone change process, the city will have many opportunities to enforce the
Urban Design Guidelines to ensure the cities objectives and long term vision for the area is met. This
will be enforced in perpetuity through the site plan agreement. All technical considerations for the
project, including infrastructure and servicing, landscape details, design guideline compliance, will be
reviewed as part of the site plan approval process. Overall the project meets a long term housing
needin the area.
Off-Street Parking
Residents expressed concern about the proposed parking reduction requested with this application.
The current development concept shows 68 standard parking spaces and 9 tandem parking spaces.
The applicant has submitted a Parking Justification and TDM Plan which supports the requested
application and recommends that the owner unbundle parking and unit leases, and provide secure
bicycle parking at one space per unit. The report finds that based on two independent data sources
the projected peak parking demand to meet site residential and visitor needs would be 66 spaces,
and that based on a targeted student demographic having demand characteristics that they are
much less likely to require parking, and the close proximity to Conestoga College could further
reduce the need for parking associated with the development.
Transportation Services staff have reviewed the report and have no objections. As part of the site-
specific zoning, Planning staff are recommending a parking rate of a minimum off-street parking rate
of 1.44 spaces per lodging house and a minimum off-street parking rate of 1.44 spaces per dwelling
unit, a minimum of 1 bicycle parking stalls per dwelling unit and/or lodging house be provided and
located within a building or structure within a secure area or an enclosure with a secure entrance or
within bicycle lockers, and a minimum of 0.25 bicycle parking stalls per dwelling unit and/or lodging
house be located in accessible and highly visible location. While the bicycle parking rates proposed
hese bicycle parking rates align
with the first draft of the new zoning by-law.
Servicing & Infrastructure
Some residents expressed concern about the ability of the existing infrastructure to accommodate
the increased demand of this development.
Engineering staff have reviewed preliminary servicing plans and have no concerns. An easement is
being provided over 50 Pinnacle Drive in favour of 69 Amherst Drive to Pinnacle Drive for a planned
storm sewer to service this property.
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PLANNING ANALYSIS
It should be absolutely clear that the City of Kitchener cannot and is not regulating where any one
person may live, whether that person is a student dweller, or a permanent resident.
recommendation is an innovative planning solution to allow housing marketed to the student
population, using existing planning and licensing tools and mechanisms to provide safe and reliable
housing marketed to the student population.
Planning staff have received a lot of feedback from the community on these applications and have
incorporated solutions to many of the planning-related concerns into the proposed zoning, and will
continue to incorporate these suggestions into the site design. There is remaining opposition to this
application, some of which is related to behavioural concerns, by-law enforcement, and the condition
and function of the existing student housing stock.
Housing marketed to the student population is needed and is in demand in this community due to
the proximity of Conestoga CollegeDoon Campus. Housing marketed to the student population
provides the student population with a safe and reliable housing option. Providing housing that is
designed and geared towards the intended occupants will help to balance the needs and wants of
the student residents and the permanent residents. There is a possibility that as new housing
options are established, the demand for the lesser quality illegal housing may diminish and the
conversion of illegal student housing back to single detached residential may begin to occur.
In absence of a residential licensing program, licensing the four bedroom units as Lodging Houses
provides the City with certain rights and privileges otherwise not afforded and will aid in the annual
inspection of this property.The Lodging House License system affords the City will additional
controls for each dwelling unit and provides the necessary legal rights for the City to enter the
lodging houses to conduct inspections to ensure compliance with all applicable laws. The required
annual inspections will help to ensure that the lodging houses are maintained in an appropriate and
satisfactory manner.
ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN:
The recommendation of this report supports the achievement of the city
delivery of core service.
FINANCIAL IMPLICATIONS:
No new or additional capital budget requests are associated with these recommendations.
Recommendation V of this report to declare the land as surplus will result in the eventual sale of the
City-owned lands.
COMMUNITY ENGAGEMENT:
INFORM The Official Plan amendment and Zone Change application have been circulated for
comment to internal departments, external agencies, and all property owners within 120 metres of
the subject lands on January 12, 2015.Flyers and notice letters were also circulated by Councillor
Yvonne Fernandes and community representatives. A list of interested residents was updated
throughout the application process. Written responses from property owners and interested parties
CitNotice signs are
posted on the property and additional notice signs were posted in advance of the second
Neighbourhood Information Meeting.
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CONSULT The first Neighbourhood Information Meeting was held on January 29, 2015.
Reponses and comments identified were considered in a revised proposal that was presented at a
second Neighbourhood Information Meeting which was circulated on August 22, 2015 and held on
September 15, 2015. In the months following that meeting, Planning staff met with interested
residents as requested.
All residents who provided comments or attended the Neighbourhood Information Meeting will be
mailed notice of the public meeting, and notice of the public meeting will appear in The Record on
March 10, 2017.
CONCLUSION:
The proposed zoning represents years of work between the residents, the applicant, and City staff.
The proposed residential use is permitted in the Low Rise Residential and is compatible to other
uses in the community. Compatible development in the district does not have to be the same form
as the balance of the community, new forms are permitted and should be designed to be
complementary to the existing built form and contribute to the character of the neighbourhood.
While the City cannot regulate where a person may live, the proposed lodging house licensing
approach will afford the City the ability to regulate and inspect the units.
REVIEWED BY: Della Ross, Manager of Development Review
ACKNOWLEDGED BY: Michael May, Deputy CAO, Community Services
ATTACHMENTS:
-law & Map No. 1
C
F
IConcept Site Plan
Appendix JConcept 3D Photos
Licensing of Lodging Houses
3 - 21
CSD-17-026
Appendix A
AMENDMENT NO. 1 TO THE OFFICIAL PLAN
OF THE CITY OF KITCHENER
CITY OF KITCHENER
69 Amherst Drive
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AMENDMENT NO. 1 TO THE OFFICIAL PLAN
OF THE CITY OF KITCHENER
CITY OF KITCHENER
69 Amherst Drive
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 Planning and Strategic Initiatives
Committee of April 3, 2017
APPENDIX 2 Minutes of the Meeting of Planning and Strategic Initiatives
Committee - April 3, 2017
APPENDIX 3 Minutes of the Meeting of City Council April 24, 2017
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AMENDMENT NO. 1 TO THE OFFICIAL PLAN OF THE CITY OF KITCHENER
SECTION 1 TITLE AND COMPONENTS
This amendment shall be referred to as Amendment No. 1 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 is comprised of the following changes to permit the development of
lands municipally addressed as 69 Amherst Drive with a 47 unit stacked townhouse development
comprising of 40 individual lodging houses (four bedroom units), 6 two bedroom dwelling units,
as well as 1 three-bedroom supervisor dwelling unit, with a maximum building height of 4.5
storeysor 13 metresand a maximum Floor Space Ratio (FSR) of 1.15:
Map 5 is amended by redesignating lands from Low Rise Residential with Specific Policy
Area 16 to Low Rise Residential with Specific Policy Area 36,
Adding Policy 36 in Section 15.D.12.36 to add Special Policy Area 36.
o Special Policy 36 amends two policies in the Low Rise Residential land use
designation;
Policy 15.D.3.11 is amended to permit a maximum building height of 4.5
storeys or 13 metres,and
Policy 15.D.3.13 is amended to permit a maximum Floor Space Ratio of
1.15.
The lands are proposed to be removed from Specific Policy Area 16 on Map No. 5.
SECTION 3 BASIS OF THE AMENDMENT
The subject lands are designed as Low Rise Residential in the new Official Plan. The City
encourages and supports the mixing and integrating of innovative and different forms of housing
to achieve and maintain a low-rise built form. A maximum Floor Space Ratio of 0.6 applies to all
development and redevelopment in the district. Site-specific increases to allow up to a
maximum Floor Space Ratio of 0.75 may be considered without an Official Plan amendment. A
maximum building height of 4 storeys or 14 metres, at the highest grade elevation, whichever is
the lesser, may be permitted on lands having primary frontage on to a Regional Road or City
Arterial Street.
The subject lands are also subject to Specific Policy Area 16 (Lower Doon) which prohibits
duplex dwellings and second dwelling units in semi-detached dwellings. Special Policy Area 16
was established with the approval of Official Plan Amendment (OPA 45) to the previous Official
Plan and was carried forward in the current Official Plan. The restriction on duplexing was
established after the Lower Doon Student Housing Study concluded that the Lower Doon
community may not be able to absorb the doubling of the density should every single property
exercise their existing right to add an additional dwelling unit (duplex the existing single or semi-
and semi-
detached dwellings did not take into consideration the unusual housing demand generator of the
College in the Lower Doon community.
The applicant has applied for an Official Plan amendment to change the lands use designation
of the property to Low Rise Residential with Specific Policy Area 36. Special Policy 36 would
3
3 - 24
permit a 47 unit stacked townhouse development comprising of 40 individual lodging houses
(four bedroom units), 6 two bedroom dwelling units, as well as 1 three-bedroom supervisor
dwelling unit, with a maximum building height of 4.5 storeys or 13 metres and a maximum Floor
Space Ratio (FSR) of 1.15.
The applicant has also applied for a Zone Change to establish site-specific Special Use
Provisions and Special Regulation Provisions to the same effect.
The intent of the Low Rise Residential district is to provide for a mix of innovative and different
forms of housing to achieve and maintain a low-rise built form. The new Official Plan permits a
lodging house with up to 3 lodgers in any land use designation that also permits residential
uses. Lodging houses with between 4 and 8 residents are only permitted in zones that also
permit multiple dwellings. The City encourages lodging houses to locate within walking distance
of public transit and in close proximity to supportive non-residential uses.
Planning staff are of the opinion that the proposed land use designation is appropriate for the
community. Lodging Houses are a permitted use in any land use designation that permits
residential uses and will provide some much needed housing marketed to the student
population
studies and reports, Planning Staff are supportive of the recommended policy changes to permit
the development.
The amendment as proposed herein is consistent with the objectives of the Provincial Policy
Statement and Places to Grow - Growth Plan for the Greater Golden Horseshoe which both
promote the creation of livable, sustainable and complete communities through efficient
development patterns and an appropriate mix of land uses. The Official Plan Amendment
conforms to the Regional Official Plan.
The application proposes housing marketed to the student population in the form of lodging
houses and two bedroom units within a cluster stacked townhouse arrangement. This new
dwelling type in the community creates an opportunity to create affordable, adequate, safe, and
good quality housing in an appropriate community setting which meets the needs of some
community members.
The majority of the rental housing stock in Lower Doon is comprised of modified single-
detached dwellings, duplexes, or semi-detached dwellings. The proposed application provides
a new type of rental accommodation for the community.
The proposed development is a cost-effective means to reduce infrastructure and servicing
costs by minimizing land consumption and making better use of existing community
infrastructure. The development does not require any new City-funded infrastructure.The
Official Plan commits to maximizing the use of existing municipal services and utilities before
consideration is given to extending and/or developing new municipal services to promote cost-
effective development patterns and standards to assist in minimizing servicing costs.
Planning staff is of the opinion that the applications comply with the KGMS and KGMP as it
allows for the appropriate intensification of the subject property, better utilizes the existing
infrastructure, allows for a built form that is compatible and complementary to the existing
neighbourhood, and will bring a new legal housing type into a stable community.
4
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SECTION 4 THE AMENDMENT
1. The City of Kitchener Official Plan is hereby amended as follows:
a) Part D, Section 15.D.12 is amendment to add Special Policy Area 36 as follows:
15.D.12.36. 69 Amherst Drive
Notwithstanding policy 15.D.3.11 and 15.D.3.13 of the Low Rise
Residential land use designation, on lands municipally known as
69 Amherst Drive, a 47 unit stacked townhouse development
comprising of 40 individual lodging houses (four bedroom units), 6
two bedroom dwelling units, as well as 1 three-bedroom
supervisor dwelling unit, with a maximum building height of 4.5
storeys or 13metres and a maximumFloor Space Ratio of 1.15,
b) Map No. 5 is amended to change the land use designation of the subject lands
from Low Rise Residential with Specific Policy Area 16 to Low Rise Residential
with Specific Policy Area 36 as shown on the A
5
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APPENDIX 1 Notice of the Meeting of Planning and Strategic Initiatives
Committee of April 3, 2017
Advertised in The Record March 10, 2017
PROPERTY OWNERS AND INTERESTED PARTIES ARE INVITED
TO ATTEND A PUBLIC MEETING TO DISCUSS
A PROPOSED OFFICIAL PLAN AMENDMENT AND AMDNEMDNTS TO THE KITCHENER ZONING BY-LAW
UNDER THE SECTIONS 17, 22 AND 34 OF THE PLANNING ACT
69 Amherst Drive
The City of Kitchener has received applications for an Official Plan Amendment and Zone Change Application to allow the
properties to be developed with a 47 unithousing development that will be marketed to the student population.
The public meeting will be held by the Planning & Strategic Initiatives Committee, a Committee of Council which deals
with planning matters, on:
MONDAY, APRIL 3 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 proposal, 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
agenda (posted 10 days before the meeting at www.kitchener.ca - click on the date in the Calendar of Events and select the
th
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).
Garett Stevenson, Planner -519-741-2200 x 7070 (TTY: 1-866-969-9994)Garett.Stevenson@kitchener.ca
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APPENDIX 2 Minutes of the Meeting of Planning and Strategic Initiatives
Committee - April 3, 2017
7
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APPENDIX 3 Minutes of the Meeting of City Council April 24, 2017
8
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CSD-17-026
Appendix B
PROPOSED BY LAW
March 1, 2017
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
Owl Properties Inc.
69 Amherst Drive & City of Kitchener)
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 256 o-law Number 85-1is hereby amended by
changing the zoning applicable to the parcels of land specified and illustrated on Map No. 1, in
the City of Kitchener, attached hereto, from from Residential Three Zone (R-3) with Special
Use Provision 319U to Residential Six Zone (R-6) with Special Regulation Provision 694R and
Special Use Provision 460U.
2. Schedule Number 256 -law Number 85-1is hereby further amended by
incorporating additional zone boundaries as shown on Map No. 1 attached hereto.
3.-law 85-1 is hereby amended by adding Section 460U thereto as
follows:
Notwithstanding Sections 5.17A and 40.1 of this By-law, within the lands zoned
Residential Six Zone(R-6), shown as affected by this subsection, on Schedule 256
, a multiple dwelling comprising of 40 individual lodging houses and
7 dwelling units shall be permitted only in accordance with the regulations as set
-law.
4.-law 85-1 is hereby amended by adding Section 694 thereto as follows:
694. Notwithstanding Sections 5.17A, 6.1.2.a), 6.1.1.1.a).iv), 6.1.1.1.b), 6.1.1.1.d).ii).1
and 6.1.1.1.d).ii).2,40.2.4 and 40.2.6 of this By-law, within the lands zoned
Residential Six Zone(R-6), shown as affected by this subsection, on Schedule 256
of A,a MultipleDwelling and Lodging House shall only be permitted in
accordance with the following:
a. The maximum Floor Space Ratio shall be 1.15,
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b. The maximum building height shall be 11.75 metres (3.5 storeys) for any
building within 20 metres of any lot line,
c. The maximum building height shall be 13.0 metres (4.5 storeys) for any
building setback more than 20 metres from any lot line,
d. A minimum of 1 bicycle parking stall shall be provided per lodging house and
a minimum of 1 bicycle parking stall shall be provided per dwelling unit and
belocated within a building or structure within a secure area or an enclosure
with a secure entrance or within bicycle lockers,
e. A minimum of 0.25 bicycle parking stalls shall be provided per dwelling unit
and a minimum of 0.25 bicycle parking stalls shall be provided per lodging
house and be located in anaccessible and highly visible location,
f.Aminimum indoor amenity area of 150 square metres shall be provided,
g. A maximum of 175 bedrooms within all lodging houses and dwellings units
shall be permitted,
h. A maximum of 4 residents shall be permitted per lodging house,
i. There is no individual lot area required per lodging house,
j. A minimum off-street parking rate of 1.44 spaces per lodging house and a
minimum off-street parking rate of 1.44 spaces per dwelling unit shall apply,
k. The minimum visitor parking shall be 20% of the total required parking,
l. Visitor and required parking may be permitted within the front yard between
the front façade of a building but not within 4.5 metres of a streetline,
m. The front yard may be used for access to parking and visitor and required
parking only where a visual barrier is provided in accordance with Section
5.11 of the By-law,
n. There is no maximum lot coverage for lodging houses,
o. A minimum combined landscape and amenity area of 40% of the total lot
area shall be provided,
p. The minimum rear yard setback (adjacent to rear yards of properties with
frontage on Amherst Drive) shall be 6.5 metres except where up to 100
square metres of ground floor area may be located within 4.5 metres of the
rear lot line, and
q. No Minimum Distance Separation shall apply for permitted Lodging Houses
from any other Lodging Houses.
4. This By-law shall come into effect only upon approval by the Minister of Municipal Affairs
and Housing, or his/her delegate, of Official Plan Amendment No. 1, 69 Amherst Drive, 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
___________,2017
_____________________________
Mayor
_____________________________
Clerk
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CSD-17-026
Appendix C
Advertised in The Record March 10, 2017
PROPERTY OWNERS AND INTERESTED PARTIES ARE INVITED
TO ATTEND A PUBLIC MEETING TO DISCUSS
A PROPOSED OFFICIAL PLAN AMENDMENT AND AMDNEMDNTS TO THE KITCHENER ZONING BY-LAW
UNDER THE SECTIONS 17, 22 AND 34 OF THE PLANNING ACT
69 Amherst Drive
The City of Kitchener has received applications for an Official Plan Amendment and Zone Change Application to allow the
properties to be developed with a 47 unit housing development that will be marketed to the student population.
The public meeting will be held by the Planning & Strategic Initiatives Committee, a Committee of Council which deals
with planning matters, on:
MONDAY, APRIL 3 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 proposal, 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
agenda(posted 10 days before the meeting at www.kitchener.ca - click on the date in the Calendar of Events and select the
th
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).
Garett Stevenson, Planner -519-741-2200 x7070 (TTY: 1-866-969-9994)Garett.Stevenson@kitchener.ca
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2015 12:45:32 PM4/23/LAST UPDATED:
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3D OVERALL VIEW
69 Amherst Dr, Kitchener - Building Concept Layouts
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69 Amherst Dr, Kitchener - Building Concept Layouts
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Perspectives
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69 Amherst Dr, Kitchener - Building Concept Layouts
View From Block 'A'
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View From Entry Driveway
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Perspectives
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iew From Rear Corner
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ong Courtyard
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