HomeMy WebLinkAboutCSD-17-049 - Zone Change Application - 50 Pinnacle Drive
REPORT TO: Planning and Strategic Initiatives Committee
DATE OF MEETING: June 12, 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: May 18, 2017
REPORT NO.: CSD-17-049
SUBJECT: ZONE CHANGE APPLICATION ZC16/011/P/GS
COOK HOMES LIMITED
50 PINNACLE DRIVE
Location Map: 50 Pinnacle Drive
EXECUTIVE SUMMARY:
The Owner is proposing to develop the site with a two-storey cluster townhouse (multiple
dwelling) development with 75 two or three bedroom dwelling units and 114 parking spaces (75
garages and 39 visitor parking spaces). Planning staff are recommending approval of the zone
change application to change the zoning from Residential Four (R-4) with Special Use Provision
319U and Residential Three (R-3) with Special Use Provision 319U to Residential Six (R-6) with
Special Regulation Provision 461U.
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RECOMMENDATION:
A. That Zone Change Application ZC16/011/P/GS for Cook Homes Limited requesting
a change from Residential Four (R-4) with Special Use Provision 319U and
Residential Three (R-3) with Special Use Provision 319U to Residential Six (R-6)
with Special Regulation Provision 461U on the parcel of land specified and
illustrated on Map No. 1, be approved in -
dated May 3, 2017, attached to Report CSD 17-
and further
B. That Block Plan 58, originally approved in 1976 by Kitchener City Council, be
repealed in its entirety.
BACKGROUND:
GSP Group Inc., on behalf of Cook Homes Limited, has submitted a zone change application for
the lands shown on the location map above. The individual dwelling units are proposed to be
sold as market rate condominium units.
A Neighbourhood Information Meeting was held earlier this year to gather public input on the
application. Several of the ideas suggested by community members may be implemented
through the site planning process and are mainly design related.
The main concern identified by residents was that this development would be for purpose-built
student housing. The Owner has advised that their intention is to build market rate
condominiums and has requested that the implementing zoning not include permissions for
lodging houses.
This application is completely separate from applications OPA15/01/A/GS and ZC15/01/A/GS
for 69 Amherst Drive for a proposed purpose-built student housing development.
Provincial, Regional, and City planning policy provide guidance that must be considered when
evaluating changes in land use permissions as discussed below.
REPORT:
Provincial Policy Statement (2014)
The Provincial Policy Statement (PPS) provides policy direction on matters of provincial interest
related to land use planning and development. The PPS
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. The proposed townhouses
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condominium project is similar to other developments in the community and is compatible with
the adjacent low rise land uses. 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 encourage the creation
of secondary suites throughout the built-up area.
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 is
compatible with the surrounding community.
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
taken under advisement for future development applications.
City of Kitchener Official Plan
The subject application has been considered under 2014 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 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 Official Plan. The City
encourages and supports the mixing and integrating of innovative and different forms of housing
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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.
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 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 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
to the objectives and policies in the Official Plan. The Low Rise Residential district permits the
integration of innovative and different housing forms of housing to achieve an overall low-rise
built form.
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.
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. 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 a well-designed, functional, accessible, and
sustainable built form.
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.
Planning staff is of the opinion that the Lower Doon Community (Secondary Plan) does not
application. The plan has no legal status under the Planning Act 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 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.
Block Plan. The Owner has consolidated several properties. The 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.
As part of a recent refusal of an Official Plan amendment and zone change application for the
balance of the undeveloped lands within the boundary of Block Plan 58 (69 Amherst Drive),
Kitchener City Council did not repeal Block Plan 58 as recommended by Planning Staff. At this
time, Planning staff are again recommending that Block Plan 58 be repealed to facilitate this
zone change application.
Zoning By-law 85-1
Planning staff are recommending changing the zoning to Residential Six (R-6) which permits
multiple dwellings, including cluster townhouses. A site-specific zoning special use provision is
also proposed as part of this application at the request of the Owner. In response to input
received through the consultation process, the Owner has advised that they are not seeking
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permission for lodging houses as part of this application. Staff have prepared Special Use
Provision 461U which is included in the proposed Zoning By-
AGENCY COMMENTS:
A copy of all comments received from the commenting agencies and City departments are
report, but in summary, there are no outstanding concerns with the proposed zone change
application. Additional consideration or concerns will be addressed through the site
development approval process.
NEIGHBOURHOOD COMMENTS:
Planning staff received written submissions and comment forms from nine different addresses
community involving multiple City divisions and external partners, including Conestoga College,
City By-Enforcement, the Town and Gown Committee, and Waterloo Regional Police.
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. Many comments indicate support for the application if
no new lodging houses permissions were added for these lands with this application. There
was concern expressed that if lodging houses were permitted with this application, the project
would become largely occupied by student dwellers.
The City does not have authority to regulate where any one person may live, whether that
person is a student dweller, or a permanent resident. Planning staff understand form the Owner
that the proposed development will be market rate condominiums. At the request of the Owner,
in response to the comments received throughout the consultation, a special use provision is
included in the attached proposed Zoning By-law which prohibits lodging houses.
Heritage Design Influence
Planning staff heard requests form the residents to commemorate some of the cultural heritage
aspects of Lower Doon into the development. Heritage Planning staff, and well as community
members through written submissions, provided the Owner with information on significant
historical naming ideas for the project. The Owner is also reviewing an opportunity to
incorporate private street lighting that is designed with a heritage influence as part of the site
planning process. There was also a request from the community to aesthetically treat the street
edge.
Following the Neighbourhood Information Meeting, the Applicant has designed preliminary
gateway features for both entry points that feature fencing, landscaping, and masonry wall
elements. These gateway features will be adjacent to the both the Pinnacle Drive and Doon
Valley Drive entries and will help to delineate the public and private space. An initial Gateway
Design (subject to change) drawing was provided by the Applicant and can be found in
Appendix F.
revised preliminary side yard elevations that will face onto Pinnacle Drive and Doon Valley
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Drive. These units will feature deeper front and side porches, as well as additional windows to
enhance the design of the buildings facing the public street.Initial Enhanced Side and Front
Elevations plans (subject to change) were prepared by the Owner and can also be found in
Appendix F.
Traffic and Parking
Speaking specifically to the design of the proposed development, some commenters expressed
concern with traffic and parking.
On-site parking exceeds the 1.5 spaces per unit minimum requirement for multiple dwellings in
the Zoning By-law. The current development concept provides 114 parking spaces (75 garages
and 39 visitor parking spaces) for 75 dwelling units, in addition to the 75 tandem driveway
parking spaces.
Transportation Services staff have reviewed the application and have no objections. The
addition of 75 dwelling units does not meet the threshold to warrant further traffic analysis.
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.
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.
residents and the Owner.
Planning staff have reviewed the feedback from the community on these applications. Some
comments will be addressed by Planning Staff through the site planning process.
Provincial, Regional, and City planning policy provide guidance that must be considered when
evaluating changes in land use permissions as discussed below. Planning
recommendations conform to or are consistent with applicable planning legislation and policy.
The proposed zone change and resulting development represent a compatible intensification
opportunity that will complement the existing community.
ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN:
through the delivery of core service.
FINANCIAL IMPLICATIONS:
No new or additional capital budget requests are associated with these recommendations.
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COMMUNITY ENGAGEMENT:
INFORM The application has been circulated for comment to internal departments, external
agencies, and all property owners within 120 metres of the subject lands on December 19,
2016. Planning staff also emailed and mailed notice of the application and an invitation to the
Neighbourhood Information Meeting to any person that was consulted on the applications for 69
Amherst Drive. Flyers and notice letters were also circulated by the Ward Councillor and
community representatives. A list of interested residents was updated throughout the
application process. Written responses from property owners and interested parties are
attached as Appen
posted on the property and additional notice signs were posted in advance of the
Neighbourhood Information Meeting.The resident who provided a comment will be emailed
notice of the public meeting. Notice of the public meeting will appear in The Record on May 19,
2017.
CONSULT A Neighbourhood Information Meeting was held on January 31, 2017. Planning
Staff have had follow up discussions by telephone as well as email correspondence as
requested by community members.
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 May 19, 2017.
CONCLUSION:
Planning staff support amending Zoning By-law 85-1 as outlined in this report. Planning Staff
are of the opinion that the proposed zone change to Residential Six (R-6) will permit residential
intensification that is compatible and appropriate for the property. The residential intensification
of the site is consistent with the Provincial Policy Statement, Growth Plan for the Greater
Golden Horseshoe, and the Regional Official Policies Plan.
REVIEWED BY: Della Ross, Manager of Development Review
ACKNOWLEDGED BY: Michael May, Deputy CAO, Community Services
ATTACHMENTS:
-law & Map No. 1
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CSD-17-049
Appendix A
PROPOSED BY LAW
May 3, 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
Cook Homes Limited
50 Pinnacle Drive)
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 parcel of land specified and illustrated as Area 1 on Map
No. 1, in the City of Kitchener, attached hereto, from Residential Three Zone(R-3) with
Special Use Provision 319U to Residential Six Zone(R-6) with SpecialUseProvision
461U.
2.-law Number 85-1 is hereby amended by
changing the zoning applicable to the parcel of land specified and illustrated as Area 2 on Map
No. 1, in the City of Kitchener, attached hereto, from Residential Four Zone(R-4) with
Special Use Provision 319U to Residential Six Zone(R-6) with Special UseProvision
461U.
3. Schedule Number 256 -law Number 85-1is hereby further amended by
incorporating additional zone boundaries as shown on Map No. 1 attached hereto.
4.-law 85-1 is hereby amended by adding Section 461 thereto as follows:
461. Notwithstanding Sections 40.1 and 40.2.4 of this By-law, within the lands zoned
Residential Six Zone(R-6), shown as affected by this subsection, on Schedule 256
C,a Lodging House shall be prohibited.
PASSED at the Council Chambers in the City of Kitchener this ______day of
___________,2017
_____________________________
Mayor
_____________________________
Clerk
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CSD-17-049
Appendix B
Advertised in The Record May 19, 2017
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
50 Pinnacle Drive
The City of Kitchener has received a Zone Change Application to allow the properties to be developed with a 75unit
cluster townhouse development.
The public meeting will be held by the Planning & Strategic Initiatives Committee, a Committee of Council which deals
with planning matters, on:
MONDAY, JUNE 12 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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CAD FILE:
sp13080e.dwg
Townhouse garages: 75 spaces Surface: 39 spaces (including 23 visitor spaces, 5 barrier-free spaces)
Total Site Area- 2.06ha
Proposed Zoning- Residential (R-6) ZoneBuilding Coverage- 0.60ha. (29.1%)Landscaped Area- 0.93ha. (45.1%)Paved Area- 0.53ha. (25.8%)Number of Townhouse Units: 75Density: 36.4 u.p.h.Gross
Floor Area: 11,480sq.m.Parking Required (@ 1.5 / unit): 113 spacesParking Provided: 114 spacesParking Space Minimum Dimensions- 2.6m x 5.5mGarage Parking Space Minimum Dimensions- 3.04m
x 5.49mBarrier-Free Parking dimensions: Type A 3.4m x 4.4m; Type B 2.4m x 5.5mBicycle Parking Required (10% of parking requirements): 12 spacesBicycle Parking Provided: 12 spaces
Floor Space Ratio: 0.56
COMMUNITY SERVICES DEPARTMENT
City of Kitchener
Access Easements'
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4.All townhouse driveways to be a minimum of 2.6m width.
2.Part Lot Control process to define location and alignment of all 'Future 0.9m3.All sidewalk crossings of driveways to have concrete surface material.5.Maximum height for townhouses
is 9.5m6.Garbage collection to be curbside pickup.
NOTES:
1.All driveways to have asphalt surface materials.
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SITE PLAN APPLICATION No. SP16/117/P/GS
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DETAIL PLAN: NORTHDETAIL PLAN: SOUTH
Cook Homes Ltd.
Pinnacle Drive & Doon Valley Drive
SITE PLAN -Overall
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CSD-17-049
Appendix F
Initial Gateway Design (Subject to Change)
Initial Enhanced Side and Front Elevations plans (subject to change)
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