HomeMy WebLinkAboutPSI Agenda - 2019-02-25The following matters are considered not to require debate and should be approved by one motion in accordance
with the recommendation contained in each staff report. A majority vote is required to discuss any report listed
as under this section.
Pursuant to Council’s Procedural By-law, delegations are permitted to address the Committee for a maximum of
5 minutes.
This is a formal public meeting to consider applications under the Planning Act. If a person or public body that
would otherwise have an ability to appeal a decision of the City of Kitchener to the Local Planning Appeal
Tribunal, but the person or public body does not make oral submissions at the public meeting or make written
submissions to the City of Kitchener before the by-law is passed, the person or public body is not entitled to
appeal the decision.
Staff will provide a 5 minute presentation on this matter
Staff will provide a 5 minute presentation on this matter
REPORT TO:Planning & Strategic Initiatives Committee
DATE OF MEETING:February 25, 2019
SUBMITTED BY:Alain Pinard, Director of Planning, 519-741-2200 ext. 7319
PREPARED BY:Katie Anderl, Senior Planner, 519-741-2200 ext. 7987
WARD(S) INVOLVED:Ward 2
DATE OF REPORT:January 22, 2019
REPORT NO.:DSD-19-005
SUBJECT:Official Plan Amendment OPA/18/004/T/KA
Zoning By-law Amendment ZBA/18/005/T/KA
146 Trafalgar Avenue
Blaze Properties Inc.
RECOMMENDATION:
A.That Official Plan Amendment Application OPA/18/004/T/KA for Blaze Properties Inc.
requesting a change to the Land Use Designation be adoptedin the form shown in the
Official Plan Amendment attached to Report DSD-19-005
sAand Bthereto,
and accordingly forwarded to the Region of Waterloo for approval; AND
B.That Zoning By-law Amendment Application ZBA18/005/T/KA for Blaze Properties Inc.
be approved-
Report DSD-19-005as Appendix B; AND FURTHER
C.That in accordance with Planning Act Section 45 (1.3 & 1.4) that applications for minor
variances shall be permitted for lands subject to Zoning By-law Amendment
Application ZBA 18/005/T/KA.
EXECUTIVE SUMMARY:
The owner of 146 Trafalgar Avenue is proposing to change the Official Plan designation from Institutional
to Low Rise Residential and the zoning from Neighbourhood Institutional Zone and Residential Three
Zone to Residential Six Zone to permit the site to be developed with 51 townhouse units. Staff
recommend that the applications be approved.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
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Location Map: 146 Trafalgar Avenue
REPORT:
The subject lands are located at 146 Trafalgar Avenue. The property was originally developed with a
purchased and used as a private Christian school until about 2008. Subsequent to this, the property was
purchased by Blaze Properties Inc. and has most recently been leased to a private educational
establishment.
Blaze Properties Inc. is proposing to develop the site with a cluster townhouse development, consisting
of 51 bungalow townhomes and a community building, which the applicant has indicated will be designed
and marketed as a retirement living community. The applicant is proposing that the development will be
a land lease community where residents own their dwelling unit, but rent the land upon which the dwelling
sits. This is a tenure model which combines the benefits of rental housing such as professional property
management, with benefits of ownership such as investment in the housing market and autonomy over
the interior of the dwellings units. The applicant has indicated to staff that rental rates are substantially
lower than rental may be for a comparable dwelling unit in a development where the resident does not
own the unit. Further, the cost to own the dwelling unit is much less than condominium or free-hold
ownership where there is also an investment in land. This model allows a resident to leverage equity
from a previous investment to aid in the purchase, while providing a predictable and affordable monthly
rental rate.
The subject applications seek to change the designation and zoning to permit the proposed cluster
townhouse development. Through the zoning and designation the City cannot control the tenure or
characteristics of the occupants, however as is further discussed in the Planning Analysis section of this
report, staff recommend that a Specific Policy Area be added to the lands which requires that a cluster
townhouse development be designed as special needs housing. Special needs housing is defined as
any housing that is used by people who have specific needs such as mobility requirements or support
functions required for daily living. In order to achieve this, through the Site Plan review process the City
will implement architectural and urban design measures to ensure the development utilizes barrier free
and universal design practices which are inclusive and enhance mobility, independence and quality of
life for all residents.
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Planning Analysis:
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 sets out policies to consider in order to sustain healthy,
liveable and safe communities. The PPS is supportive of efficient development and land-use patterns
which accommodate an appropriate range and mix of residential, employment, institutional, recreational,
park and other uses, in order to achieve a complete community. The PPS supports focusing growth and
development to settlement areas, and supports a land use pattern within settlement areas that is based
on achieving densities and a mix of land uses that efficiently use land, resources, and infrastructure, and
which support active transportation and are transit-supportive. Policies also support the provision of an
appropriate range and mix of housing types by establishing and implementing targets for the provision of
housing which is affordable to low and moderate income households, permitting and facilitating all
forms of housing required to meet the social, health and wellbeing requirements of current and future
residents, including special needs requirements. Local housing priorities are articulated in the
Housing Action Plan) which was prepared by the Region to coordinate with policies of the PPS and
Places to Grow.
The proposed designation and zoning facilitate the development of the subject property with a low-
rise residential use that represents a gentle form of intensification for the neighbourhood. The
neighbourhood is already well served by various institutional uses including religious institutions,
schools (elementary, senior elementary, high-school), parks, a community centre, and a cemetery
within a 1 km radius. Additional institutional lands are not required in order to provide for a complete
community. The subject site is also within 1 km of grocery stores and other commercial uses, and
multiple parks and natural open spaces, and staff are of the opinion that the current range and mix
of land uses represents a complete community. The proposed development is located in close
proximity to a transit route and is fully serviced. The land lease development model proposed by the
applicant, represents an alternative tenure model, which offers affordability to residents. In addition,
the applicant is proposing that the units be built and designed as special needs housing with
enhanced accessibility features indicates that provision of
and people with disabilities are priorities in
the Region.
Planning staff are of the opinion that the existing Institutional land use designation and zoning are
consistent with the PPS, however the recommended changes to the designation and zoning will
result in a land use that is more consistent with the policies and intent of the PPS.
Growth Plan for the Greater Golden Horseshoe, 2017 (Growth Plan):
Staff are of the opinion that the existing land use designation and zoning conform to policies of the
Growth Plan, however the proposed Low Rise Residential designation with a Special Policy and
Residential Six Zone better conform to the policies of the Growth Plan. The Growth Plan supports
the development of complete and compact communities that are designed to support healthy and
active living, make efficient use of land and infrastructure, while protecting agricultural lands and
supporting transit viability. Policies of the Growth Plan direct development to settlement areas and
focusses growth within the delineated built-up area.
The delineated built up area, represent intensification and
will help the City to meet density targets. The surrounding neighbourhood is well served by a variety
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of institutional and public uses which are permitted by the existing institutional zone and designation
such as parks, schools, religious institutions, residential care facilities and community centres, and
staff are of the opinion that additional institutional uses are not needed as part of a complete
community. The subject application will permit a form of housing (cluster townhouse) that is not well
represented in this neighbourhood, thereby improving the range of housing options for current and
future residents. The additional housing will make use of existing infrastructure and support the
viability of existing transit. Housing policies of the Growth Plan support the development of a range
and mix of housing options that serves the needs of a variety of household sizes, incomes and ages.
The proposed development will introduce a greater variety and mix of housing types in this
Plan.
Regional Official Plan (ROP):
Urban Area policies of the ROP identify
Urban Area. The subject lands are designated Built-Up Area in the ROP.This neighbourhood
provides for the physical infrastructure and community infrastructure to support the proposed
residential development, including transportation networks, municipal drinking-water supply and
wastewater systems, and a broad range of social and public health services. Regional policies require
Area Municipalities to plan for a range of housing in terms of form, tenure, density and affordability to
satisfy the various physical, social, economic and personal support needs of current and future residents.
Regional staff have indicated that they have no objections to the proposed applications. Planning Staff
are of the opinion that the existing designation complies with Regional Official Plan Policies, however the
proposed designation better implements Regional policy.
City of Kitchener Official Planand proposed Official Plan Amendment:
The subject applications request that the land use designation as shown on Map 3 of the 2014 Official
Plan be changed from Institutional to Low Rise Residential. At the time this report is being prepared, the
Institutional policies remain under appeal. As the implementing Institutional policies are not in force and
effect, in considering the in-effect land use designation and implementing policies, staff reverts to those
of the 1994 Official Plan which is Low Rise Residential. This is the same land use category as is
requested by the applicant and permits the proposed zoning category. If the proposed Official Plan
Amendment is adopted by Council as recommended, the subject Official Plan Amendment will result in
a technical amendment, changing the designation shown on Map 3 from Institutional to Low Rise
Residential, together with the addition of a new Specific Policy Area. If the Institutional policies have
come into force and effect prior to the time Council makes a decision, staff will provide an update.
However, it is not anticipated that there will be any changes to the proposed Official Plan Amendment or
Recommendations of this report: the attached Official Plan Amendment remains the same.
Notwithstanding the status of the designation, staff have provided discussion and analysis based on the
Council adopted policies of the 2014 Official Plan.
Through the Official Plan review process, the City elected to individually designate most large and small
scale institutional sites in order to ensure their continued contribution to supporting a complete
community. This was seen as being necessary as many neighbourhoods lack institutional uses, and
policies ensure an evaluation is completed prior to a change in land use. Transitional policies and criteria
are provided in policy 15.D.7.4 of the Official Plan. These policies indicate that where a use on a site
with an Institutional land use designation ceases, the City may consider the redesignation of the site to
an appropriate alternative land use designation only after examination of certain criteria. The criteria and
staff comments are as follows:
a) the use of the site for a suitable alternative institutional purpose.
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The subject lands are roughly rectangular, generally flat, about 2 hectares in size, and have been
The physical size, shape and orientation of
the site lends itself to development for a broad range of uses and could be suitable for an institutional
use. However, the surrounding neighbourhood is well served by institutional uses. Within 1 km of
the subject lands there are: public and catholic elementary schools, a large municipal cemetery, public
and private residential care facilities, a community centre, and several religious institutions. Senior
elementary and high schools are also located close by and the neighbourhood is well served by parks
and open spaces. Staff suggest that in this neighbourhood this site is not needed as institutional and
the site is better suited for the proposed residential land use. Specifically, the proposed bungalow
townhouses will help the City to achieve policy direction which seeks to provide a variety of housing
types and tenure and provides accessible and affordable housing options to residents. In addition,
staff note that the Low Rise Residential land use designation does permit a range of institutional uses
such as religious institution or residential care facility, as supporting land uses. Should a future owner
wish to pursue an institutional use the City could evaluate a future zone change application to add
certain institutional uses without the need for a further Official Plan Amendment.
b) acquisition of the site or a portion of it by the City for institutional or open space use, based on the
park needs of the surrounding area;
Through the circulation of the subject application staff have consulted with relevant City divisions
including Parks and Cemeteries, Sport, and Neighbourhood Programs and Services. Staff
representing these divisions have indicated that there is no further need for municipally owned and
operated parks or community facilities in this neighbourhood and that the City would not pursue
acquisition of the site for such purposes.
c) the use of the site to meet housing targets, particularly for special needs or affordable housing.
As described previously and as discussed in the context of the provincial policies, the proposed
development represents a form of housing that is more affordable, offers an alternative tenure model,
and is proposed to be designed as special needs housing. Special needs housing is defined in the
as any housing, including dedicated facilities, in whole or in part, that are used by
people who have specific needs beyond economic needs, including but not limited to needs such as
mobility requirements or support functions required for daily living. The PPS provides examples of
special needs housing including housing for persons with disabilities such as physical, sensory or
mental health disabilities, and housing for older persons. With a focus on universal design and barrier
free accessibility, the proposed development represents a form of special needs housing, and will
help to fulfill housing needs identified
Having examined the proposed Official Plan Amendment in the context of the transitional policies of the
Official Plan, staff are of the opinion that it is appropriate for the site to transition from Institutional to Low
Rise Residential. Staff recommend that a Specific Policy Area be added to the site to articulate that the
vision for this site is to redevelop the lands with a low-rise residential development which is universally
accessible and is designed to be barrier-free. The policy will require that any multiple residential
development in the form of a cluster townhouse shall provide Special Needs Housing. Through Site Plan
Control, the City will implement architectural and urban design measures to ensure the development
utilizes design practices which are inclusive and which enhance mobility and independence.
Based on the foregoing, staff are of the opinion that while the Institutional designation conforms to policies
of the Official Plan, the transitional policies are satisfied, and the proposed designation with the
recommended Specific Policy Area provides for a land use that better fulfils Official Plan policy. Staff are
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of the opinion that the proposed Official Plan Amendment represents good planning, and recommend
A
Proposed Zoning By-law Amendment:
The subject property is zoned Neighbourhood Institutional Zone (I-1), 93R and Residential Three Zone
(R-3). The existing I-1 zone permits educational establishment, religious institution, residential care
facilities, hospice, single detached dwellings, duplexes, semi-detached dwelling, home business, lodging
house, coach house dwelling and day cares when co-located with another permitted use. The existing
R-3 zone only applies to the walkway block and while this portion of the lands is not large enough to be
developed by itself, the zoning generally permits single detached dwellings and duplex dwellings.The
applicant has requested an amendment to Zoning By-law 85-1 to change the zoning on the entirety of
the land to Residential Six Zone (R-6) with Special Regulation Provision 745R and Special Use Provision
472U to permit the lands to be developed with a 51 unit cluster townhouse development. The proposed
R-6 zone permits a range of low-rise residential dwellings including multiple dwelling and street-fronting
townhouses.
Staff are mindful that this property is an infill project in an established low-rise residential neighbourhood
consisting of primarily bungalow dwellings. As such a number of special regulations are proposed which
will help mitigate perceived impacts of the built form and ensure adequate parking.
472U - The proposed R-6 zone generally permits all forms of low-rise multiple dwellings. In accordance
with the design proposed by the applicant, staff recommend that a special use provision be added which
Further, as suggested by residents,
uses which are not being proposed, specifically lodging house and coach house dwelling unit, are
proposed to be prohibited.
745R Staff recommend the following four special regulations be added to the R-6 zone.
a) The maximum building height shall be 9.0 metres, and residential buildings are permitted to have
a maximum of one-storey.
The purpose of this regulation is to provide for single storey accessible units, with a maximum
building height sympathetic to the character of the surrounding residential dwellings.
b) Parking shall be provided at a rate of 1.3 spaces per unit.
The purpose of this regulation is to provide for an appropriate parking rate for the proposed
development. Parking regulations of Zoning By-law 85-1 require a parking ratio of 1.75 spaces
per unit. As further discussed in response to public comments, for the proposed 51 unit
development, staff are satisfied that one dedicated parking space per unit, plus 16 additional
parking spaces for visitors or extra vehicles is appropriate for this site. This represents a rate of
1.3 spaces per unit. The proposed CRoZBy regulations in fact recommend a rate of 1.1 spaces
for this type of development, which is lower than the proposed parking ratio for the subject
development. Given the proximity to public transit, proximity to other nearby destinations, and
access to active transportation routes, staff are of the opinion that the proposed rate is appropriate
and will provide sufficient parking for the proposed development.
c) Off-street parking may not be located between any building façade and Trafalgar Avenue.
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The purpose of this regulation is to ensure that private garages and driveways are accessed from
the private street system. This will allow additional on-street parking along Trafalgar Avenue
which is supported by neighbourhood residents. This will also ensure that the parking lots are
directed internal to the site, so that the streetscape retains a residential character. Through the
site development process, staff will ensure that building elevations fronting onto Trafalgar Avenue
address the street with features such as doors and porches, and that landscaping also contributes
to creating a front yard esthetic.
d) Fences with a height greater than 0.9 metres shall not be permitted between any building façade
and Trafalgar Avenue.
The purpose of this regulation is to ensure that the units along Trafalgar Avenue are designed to
front the street, and to ensure that the yards cannot be fenced with high privacy fencing which
would detract from the streetscape.
Staff are of the opinion that the proposed R-6 Zone together with the special provisions will provide for a
form of development that is compatible with the neighbourhood, which will contribute to the streetscape,
which will appropriately accommodate on-site parking needs, and which represents good planning. Staff
recommend that the proposed Zoning By-law amendment be
Reports, Studies and Technical Memos:
The following Reports and studies were considered as part of this proposed Official Plan Amendment
and Zoning By-law Amendment:
Planning Application Report: Blaze Properties Inc. (and Addendum thereto)
Prepared by: Mark L. Dorfman, Planner, Inc. June 2018, (Addendum, November 2018)
Urban Design Brief: Blaze Developments, Proposed Retirement Townhouse Development (146
Trafalgar)
Prepared by: Masri O Architects, 2018
Functional Servicing Report: Residential Development (146 Trafalgar Avenue)
Prepared by: Meritech Engineering, June 2018
Water Distribution Letter: 146 Trafalgar Avenue
Prepared by: Meritech Engineering, June 26, 2017
Environmental Noise Impact Assessment (146 Trafalgar Avenue)
Prepared By Meritech Engineering, March 16, 2017
Geotechnical Investigation: Proposed Residential Development (146 Trafalgar Avenue)
Prepared by: CMT Engineering Inc., September 27, 2017
Tree Preservation Plan: Proposed Retirement Townhouse Development
Prepared By: Roth Associated Landscape Architecture Inc., December 2016
Transportation Letter
Prepared By: Mark L. Dorfman, Planner Inc., November 2018
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Department and Agency Comments:
Preliminary circulation of the OPA and ZBA was undertaken on August 16, 2018 to applicable City
departments and other review authorities. No concerns were identified by any commenting City
Department or Agency. Copies of comments may be found in Appendix
Community Input& Staff Responses
Staff received written responses from twenty-threehouseholds with respect to the proposed
development. These are attached in Appendix . A Neighbourhood Information Meeting was held
November 27, 2018 and was attended by twenty-six residents. A broad range of questions and comments
were raised by property owners which are further discussed below.
Four property owners have indicated that they are in favour of or have no concerns with the proposed
Zoning By-law Amendment. Residents like that the proposed development considers senior
needs, fills a need of housing in the market, and provides a housing option for residents wishing to
downsize and remain in the neighbourhood. The proximity to Sunnyside Home and other nearby
community uses including parks, religious institutions and the community centre is seen as positive.
Residents also like that this is a low-rise form of development and is in keeping with the form of housing
in the surrounding neighbourhood.
Questions and concerns were cited in a number of areas including increases to traffic, adequacy of
parking, the proposed density, the form of development, adequacy of infrastructure, general nuisance,
and impact to property values. Staff offer the following comments with respect to these concerns.
Transportation and Parking
Through this application, the owner originally requested a reduction to the number of on-site parking
spaces from 1.75 to 1 space per unit. Through the circulation we heard from residents that this was a
concern, and staff are also of the opinion that there is opportunity to provide visitor parking on-site. The
concept site plan provides for one parking space in a garage for each dwelling unit and 16 visitor spaces.
For the proposed 51 dwelling units this represents a parking rate of 1.3 spaces per unit. The applicant
has completed a Transportation Letter to justify the proposed parking rate. Transportation Services staff
have reviewed the justification information and supports the proposed parking rate.
Residents also raised concerns about whether there would be an increased demand for on-street parking.
While on-street parking would be equally available to residents and visitors to this site as it is to any
resident, staff are of the opinion that the proposed amount of on-site visitor spaces will be sufficient to
meet day-to-day parking demands. Planning staff have also confirmed that the amount of on-street
parking will be able to be increased along Trafalgar Avenue. Because the site is currently used as a
, once the site has transitioned to a
residential use, this prohibition will be able to be lifted and about 8 new on-street spaces will become
available.
Residents also raised concerns about spill over parking onto other local streets which could be accessed
by existing walkway blocks. Staff confirm that the existing walkways to Noel Cres., Kenneth Ave and
Franklin St are proposed to be retained. These were originally created to help provide direct walking
routes for children to get to school and they continue to provide convenient pedestrian access routes for
current and future residents. The owner is proposing to connect internal pedestrian sidewalks to the
existing walkway blocks to improve connectivity. Planning staff agree that these connections will improve
access to bus routes, parks, schools, etc. and support the enhanced pedestrian connectivity within this
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neighbourhood. As discussed previously, staff do not expect a great deal of spill over on-street parking
on nearby residential streets accessed via the existing walkway blocks.
Residents also raised questions with respect to expected increases to local traffic and safety.
Transportation Services staff have indicated that the traffic generated from a residential development is
different from what could be expected from an institutional development. The traffic peak period for a
residential development would be spread throughout the day, with peaks around 7am - 9am and 4pm -
6pm on weekdays and around 10am 12pm on weekends. Depending on the specific use, an institutional
development will generate different traffic patterns. For example, peak period for a church (depending on
the events), is expected to occur on evenings and weekends, and the peak period for a school is expected
to occur on weekdays during 7am 9am and 4pm 6pm. It is challenging to determine which land use
would generate more traffic since the traffic generation is highly dependent on the size of the
development. City Transportation Services staff have identified that the expected number of trips
generated by this development (51 townhouse units) is not expected to generate a significant amount of
traffic. A conventional townhouse development of 51 townhouse units would be expected to generate a
total of 370 trips each weekday (includes both trips in and out), with about 23 trips during the AM peak
and 28 during the PM peak (busiest hour of the day). This is a fairly low level of traffic and our traffic staff
actually expect that if this is a development geared to retirement living, that the amount of traffic may be
up to half that of a conventional development. Transportation Services staff have not identified any road
capacity constraints.
Residents are also concerned about traffic safety, especially at the intersection Trafalgar Ave and
Franklin Street North as this is a busy road. Franklin Street is scheduled for reconstruction in 2019 from
Weber St to just past Trafalgar Ave (and will include the Trafalgar Ave intersection). Engineering Services
staff have confirmed that through this work the road will be redesigned to include drive lanes with a
reduced width, bike lanes, wider sidewalks and new street trees. Such features have the effect of slowing
down traffic speeds, and improving safety for drivers, pedestrians and cyclists.
One resident raised specific concerns with headlight glare from vehicles exiting the site shining into front
windows of their home. The project Engineer has completed a preliminary analysis considering the
grades of the site and the grades of the affected property and height of windows. They have found that
the driveway elevation is about 0.5 metres above the bottom of the front wall of the affected home. Vehicle
headlights are another 0.5 to 0.75 metres higher and would likely be in line with the front windows. The
proposed solution is to lower the top of the driveway by ±0.75 metres. This will have the effect of lowering
the height of the vehicle headlights and should reduce the expected glare at the window. City Staff have
reviewed the proposed solution and agree that it will help to improve the glare currently being
experienced. This measure would be implemented through the Site Plan process as part of the
engineering design.
Form of Housing and Density
Some residents questioned whether there is a need for additional housing geared
demographic. Within the Region of Waterloo, the Regional government is generally responsible for
housing, housing affordability, etc. In 2014 they developed the
for Households with Low to Moderate Incomes. The Housing Action Plan
identifies that the older adult demographic is one of the groups that face multiple challenges in finding
and securing appropriate, affordable housing in Waterloo Region. City policies also support providing a
range of housing options for all members of the community within neighbourhoods, and supports housing
models which offer affordability to residents. As discussed previously, while this is not government
supported housing and is not subsidized, the anticipated tenue model provides an alternative option for
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the lower-middle market demographic and will help to diversify housing options within the neighbourhood,
and also provides an option to residents who may wish to downsize from larger single detached homes
and remain in their communities.
Staff received a number of comments that the proposal is too dense. Staff comment that the Low Rise
Residential designation, which applies generally throughout the neighbourhood permits housing at
densities up to 30 units per hectare and a maximum floor space ratio (FSR) of 0.6. The proposed
development achieves about 26 units per hectare and has an FSR of 0.355, which is quite a bit lower
than what is permitted in the Low Rise Residential areas. As a townhouse project this development
would be more dense and will have more units than the immediately surrounding neighbourhood which
is developed with single detached houses on fairly large lots. However, staff are of the opinion that the
proposed form is compatible and appropriate within the context of a low-rise residential neighbourhood.
The subject townhouses are proposed to be bungalow townhomes, with a maximum permitted height of
9 metres at the peak of the roof, and will be designed so that they are sympathetic to the surrounding
housing stock. Staff recommend that a site specific zoning regulation be added to the lands specifying
that a cluster townhouse shall have a maximum height of 9.0 metres and be a maximum of one-storey.
Several residents raised questions regarding the preservation of existing vegetation near the perimeter
of the site, and also whether new fencing would be installed. Staff can confirm that where there is not an
existing visual screen (typically a wooden fence or dense vegetation) the developer has indicated that
one would be installed. Visual screening details will be further examined through the Site Plan process.
Further, a Tree Preservation Plan was submitted in support of the subject applications. This plan indicates
that through the development of the site, trees in shared ownership along the perimeter of the site, as
well as trees wholly on neighbouring lands would be protected and preserved.
Residents also questioned whether there is adequate infrastructure to support the new development.
The developer was required to provide a variety of engineering investigations including a Functional
Servicing Report and Water Distribution Letter. These investigations identify if there are any capacity
issues with sanitary sewer, water supply and storm water ing staff have
considered these reports and find that there is sufficient water and sanitary capacity for the proposed
development. Recent upgrades to the Freeport Sanitary Pumping have relieved capacity constraints
throughout this area. Detailed stormwater management plans will be reviewed with the future Site Plan
application, and site drainage will have to be upgraded to current standards through this development.
General Questions Regarding Site Function and Development Processes
Residents raised a number of concerns relating to general nuisance associated with a new development
including lighting, snow removal and internal traffic noise. Staff comment that whether the site is
maintained or redeveloped as either residential or institutional there are a number of site maintenance
functions that will occur. The applicant has indicated that they are willing to work with residents and
respond to such concerns if they arise. The proposed development is residential and while the snow
removal will be private, new residents, like existing residents will likely expect that snow removal and
landscaping work is completed at such times that it is not disruptive.
Through the Site Plan review process, the City will approve a Lighting Plan. This plan will ensure that
light trespass onto neighbouring properties is minimized, that fixtures have no glare and that they are
dark sky compliant. Further, the proposed site layout has made an effort to locate rear yards of units
along existing residential properties where possible, and lighting will generally be directed to the internal
private driveway.
Residents also raised questions with respect to disruptions which may occur during construction. Staff
acknowledge that there may be some disruption during the construction period, including dust and noise.
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Construction activity is limited to day time hours (between 7 am and 7 pm) and Building, Engineering
and/or Property Standards staff will be able to respond to concerns during the construction period and
can work with the neighbourhood and the owner to mitigate these.
Property owners also questioned whether there would be any impact to property value. Planning staff are
not able to predict the impact of a new development on property values. For assessment purposes,
which is used to calculate taxes, MPAC assesses property based on up to 200 different factors including
the size of lot and house, the quality of construction, as well as many others. The assessed value usually
differs from the market value of a property, and market value is influenced by numerous factors as well.
Planning Conclusions
In considering the foregoing, staff are supportive of the proposed Official Plan Amendment and Zoning
By-law Amendment to permit 146 Trafalgar Avenue to be development with a cluster townhouse
development. Staff are of the opinion that it is appropriate to allow the lands to transition from institutional
to residential and that the proposed built form is compatible with the surrounding neighbourhood. Site
Specific Policies articulate that the vision for the site is to be developed with low-rise residential dwellings
which are universally accessible and is designed to be barrier-free. Zoning by-law regulations will limit
the height of the proposed built form, and sufficient on-site parking will be provided. Staff are of the
opinion that the subject applications are consistent with policies of the Provincial Policy Statement,
Growth Plan for the Greater Golden Horseshoe, and the Regional Official Plan, and represent good
planning.
ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN:
The recommendation of this report supports
delivery of core service.
FINANCIAL IMPLICATIONS:
There are no financial implications associated with this recommendation.
COMMUNITY ENGAGEMENT:
INFORM & CONSULT - The proposed Official Plan Amendment and Zoning By-law Amendment were
originally circulated to property owners within 120 metres of the subject lands in August 2018. In
response to this circulation staff received responses from twenty-three households, which are
summarized as part E. A Neighbourhood Information Meeting
was held November 27, 2018. Notice signs are also posted on the property. A courtesy notice of the
public meeting will be circulated to all property owners responding to the preliminary circulation and who
attended the Neighbourhood Information Meeting. Notice of the Public Meeting will be given in The
Record on February 1, 2018 and a copy of the Notice is attached as C This report will be
website with the agenda in advance of the council/committee meeting.
CONCLUSION:
The proposed Official Plan Amendment and Zoning By-law Amendment are appropriate and represent
good planning and it is recommended that the applications be approved.
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REVIEWED BY: Della Ross Manager of Development Review
ACKNOWLEDGED BY: Justin Readman - General Manager, Development Services
APPENDICES:
Proposed Official Plan Amendment
Proposed Zoning By-law Amendment
Newspaper Notice
Department and Agency Comments
Public Comments
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DSD-19-005 - Appendix A
AMENDMENT NO. ____TO THE OFFICIALPLAN
OF THE CITY OF KITCHENER
CITY OF KITCHENER
146 Trafalgar Avenue
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DSD-19-005 - Appendix A
AMENDMENT NO. ___TO THE OFFICIALPLAN
OF THE CITY OF KITCHENER
CITY OF KITCHENER
146 Trafalgar Avenue
INDEX
SECTION 1 TITLE AND COMPONENTS
SECTION 2 PURPOSE OF THE AMENDMENT
SECTION 3 BASIS OF THE AMENDMENT
SECTION 4 THE AMENDMENT
APPENDICES
APPENDIX 1 Notice of the Meeting of Planning & Strategic Initiatives
Committee of February25, 2019
APPENDIX 2 Minutes of the Meeting of Planning & Strategic Initiatives
Committee – February25, 2019
APPENDIX 3 Minutes of the Meeting of City Council –
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DSD-19-005 - Appendix A
AMENDMENT NO. ___TO THE OFFICIALPLANOF THE CITY OF KITCHENER
SECTION 1 – TITLE AND COMPONENTS
This amendment shall be referred to as Amendment No. ___to the OfficialPlan of the City of
Kitchener. This amendment is comprised of Sections 1 to 4 inclusive.
SECTION 2 – PURPOSE OF THE AMENDMENT
The purpose of the OfficialPlan Amendment isamend:
Map 3 (Land Use) by redesignating lands from Institutional to Low Rise Residential;
Map 5 (Specific Policy Areas) to add a new Specific Policy Area47;
Section 15.D.12to add a new Specific Policy Area47in order to require that the cluster
townhouse developmentbedesigned to be universallyaccessible with an emphasis on
Barrier Freedesign.
SECTION 3 – BASIS OF THE AMENDMENT
The subject lands are designated Institutional in the Official Plan. Prior to the 2014 Official Plan
designation, the subject lands were designated Low Rise Residential which would have permitted
the proposed cluster townhouse development.Through the Official Plan review process, the City
elected to individually designate most large and small scale institutional sites in order to ensure
their continued contribution to supporting a complete community. This was seen as being
necessary as many neighbourhoods lack institutional uses, and policiesof section 15.D.7.4
ensure an evaluation is completed prior to a change in land use. These policies indicate that
where a use on a site with an Institutional land use designation ceases, the City may consider the
redesignation of the site to an appropriate alternative land use designation only after examination
of certain criteria. The criteria and staff comments are as follows:
a)the use of the site for a suitable alternative institutional purpose.
The subject lands are roughly rectangular, generally flat, about 2 hectares in size, and has
been used as an educational establishment since the1960’s. The physical size, shape and
orientation of the site lends itself to development for a broad range of uses and could be
suitable for an institutional use. However, the surrounding neighbourhood is well served by
institutional uses. Within 1 km of the subject lands there are: public and catholic elementary
schools, a large municipal cemetery, public and private residential care facilities, a community
centre, and several religious institutions. Senior elementary and high schools are also located
close by and the neighbourhood is well served by parks and open spaces. Staff suggest that
in this neighbourhood this site is not needed as institutional and the site is better suited for the
proposed residential land use. Specifically, the proposed bungalow townhouses will help the
City to achieve policy directions which seeks to provide a variety of housing types and tenure
and provides accessible and affordable housing options to residents. In addition, staff note
that the Low Rise Residential land use designation does permit a range of institutional uses
such as religious institution or residential care facility, as a supporting land uses. Should a
future owner wish to pursue an institutional use, staff could evaluate a future zone change
application to add certain institutional uses without the need for a further Official Plan
Amendment.
b)acquisition of the site or a portion of it by the City for institutional or open space use, based
on the park needs of the surrounding area.
Through the circulation of the subject application staff have consulted with relevant City
divisions including Parks and Cemeteries, Sport, and Neighbourhood Programs and Services.
Staff representing these divisions have indicated that there is no further need for municipally
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DSD-19-005 - Appendix A
owned and operated parks or community facilities in this neighbourhood and that it would not
be in theCity’s interest topursue acquisition of the site for such purposes.
c) the use of the site to meet housing targets, particularly for special needs or affordable housing.
As discussed in the context of the provincial policiesin Report DSD19-005, the proposed
development represents an affordable form of housing, and is proposed be designed as
special needs housing. Special needs housing is defined in the City’s Official Plan as any
housing, including dedicated facilities, in whole or in part, that are used by people who have
specific needs beyond economic needs, including but not limited to needs such as mobility
requirements or support functions required for daily living. The PPS provides examples of
special needs housing including housing for persons with disabilities such as physical,
sensory or mental health disabilities, and housing for older persons. With a focus on universal
design and barrier free accessibility, the proposed development represents a form of special
needs housing, and will help to fulfill housing needs identifiedas priorities in the Region’s
Housing Action Plan.
Having examined the proposed Official Plan Amendment in the context of the transitional policies
of the Official Plan, staff are of the opinion that it is appropriate for the site to transition from
Institutional to Low Rise Residential. Staff recommend that a Special Policy Area be added to the
site to articulate that thevision for this site is to develop the lands with low rise residential dwellings
which areuniversally accessible and designed to be barrier-free. The policy will require that any
multiple residential dwellingsin the form of a cluster townhouse shall provide Special Needs
Housing.Through Site Plan Control, the City will implement architectural and urban design
measures to ensure the development utilizes design practices which are inclusive and enhance
mobility and independence.
The amendment as proposed herein is more consistent with the objectives of the Provincial Policy
Statement and the Policies of the Growth Plan for the Greater Golden Horseshoe, than the
existing Institutional land use designation as described in Report DSD19-005.The Official Plan
Amendment conforms to the Regional Official Plan. Staff are of the opinion that the proposed
Official Plan Amendment represents good planning, and recommendsthat the proposed Official
Plan Amendment be approved.
SECTION 4 – THE AMENDMENT
The City ofKitchener Official Plan is hereby amended as follows:
a)Amend Map No. 3 – Land Use by designating as Low Rise Residential instead of
Institutional,the lands shown as “Area of Amendment” on the attached Schedule “A”;
b)Amend Map No. 5 – Specific Policy Areas by adding a new Specific Policy Area - 47.
146 Trafalgar Avenue, as shown on the attached Schedule “B”; and
c) Add new Policy 15.D.12.47to Section 15.D.12 as follows:
“15.D.12.47146 Trafalgar Avenue
Notwithstanding the Low Rise Residentialland use designation and policies of
the lands located at 146 Trafalgar Avenue, the following site-specific policy will
also apply:
4
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DSD-19-005 - Appendix A
The vision for this site is to develop the lands with low rise residential dwellings
which areuniversally accessible and aredesigned to be barrier-free. Any multiple
dwellingsin the form of cluster townhousesshall provide Special Needs Housing.
Through Site Plan Control, the City will implement architectural and urban design
measures to ensure the development utilizes design practices which are inclusive
and enhance mobility, independence and achievequality of life for all residents.”
5
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DSD-19-005 - Appendix A
APPENDIX 1: Notice of the Planning & Strategic Initiatives Committee Meeting (February25, 2019)
PROPERTY OWNERS AND INTERESTED PARTIES ARE INVITED
TO ATTEND A PUBLIC MEETING TO DISCUSS
A PROPOSED OFFICIAL PLAN AMENDMENT &AMENDMENT TO THE KITCHENER ZONING BY-LAW
UNDER THE SECTIONS 17, 22 &34 OF THE PLANNING ACT
146 Trafalgar Avenue
Blaze Properties Inc.is proposing Official Plan and Zoning By-law Amendments to permit the lands at 146
Trafalgar Avenue to be developed with a low-rise 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,February25, 2019 at 7:00 P.M.
nd
FLOOR, CITY HALL
COUNCIL CHAMBERS, 2
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 would otherwise have an
ability to appeal the decision of the City of Kitchener to the Local Planning Appeal Tribunal, but the
person or public body does not make oral submissions at a public meeting or make written
submissions to the City of Kitchener prior to approval/refusal of the proposal, the person or public
body is not entitled to appeal the decision.
ADDITIONAL INFORMATIONis available by contacting the staff person noted below, viewing the staff report
contained in the agenda (available approximately 10 days before the meeting -
https://calendar.kitchener.ca/council - click on the date in the calendar, scroll down & select meeting), or in
th
Floor, City Hall, 200 King Street West, Kitchener between 8:30 a.m. - 5:00
person at the Planning Division, 6
p.m. (Monday to Friday).
Katie Anderl, Senior Planner - 519-741-2200 ext. 7987 (TTY: 1-866-969-9994);
katie.anderl@kitchener.ca
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DSD-19-005 - Appendix A
APPENDIX 2: Minutes of the Planning & Strategic Initiatives Committee Meeting (February 25, 2019)
7
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DSD-19-005 - Appendix A
APPENDIX 3 - Minutes of the Meeting of City Council
8
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DSD-19-005 - Appendix A
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DSD-19-005 - Appendix A
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DSD-19-005 - Appendix B
PROPOSED BY – LAW
________,2019
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
–Blaze Properties Inc. – 146 Trafalgar Avenue)
WHEREAS it is deemed expedient to amend By-law 85-1;
NOW THEREFORE the Council of the Corporation of the City of Kitchener
enacts as follows:
1.Schedule Number193 of Appendix “A” to By-law Number 85-1ishereby 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 Neighbourhood
Institutional Zone (I-1) with Special Regulation Provision 93RtoResidential Six
Zone (R-6) with Special Use Provision 472U and Special Regulation Provision
745R.
2.Schedule Number 193ofAppendix “A” to By-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
Three Zone (R-3)toResidential Six Zone (R-6) with Special Use Provision 472U
and Special Regulation Provision 745R.
3.Schedule Number193of Appendix “A” to By-law Number 85-1areherebyfurther
amended by incorporating additional zoneboundaries as shown on Map No. 1
attached hereto.
4.Appendix “C” to By-law 85-1 is hereby amended by adding Section472U thereto as
follows:
“472. Notwithstanding Section 40.1of this By-law, within the lands zoned R-6
as shown on ScheduleNumber 193of Appendix ‘A’ andshown as being
affected by this subsection, the only form of Multiple Dwelling permitted
shall be Cluster Townhouse Dwelling. Further, Coach House Dwelling
Unit andLodging House shall not be permitted.”
5.Appendix “D” to By-law 85-1 is hereby amended by addingSection 745 thereto as
follows:
“745. Notwithstanding Sections 6.1.2 and 40.2 of this By-lawwithin the lands
zoned R-6 and shown as being affected by this subsectionon Schedule
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DSD-19-005 - Appendix B
Number 193 of Appendix ‘A’ the following special regulations shall apply to
a Multiple Dwelling (Cluster Townhouse):
a)The maximum building height shall be 9.0 metres, and residential buildings
are permitted to have a maximum of one-storey;
b) parking shall be provided at a rate of 1.3 spaces per unit.
c)off-street parking may not be located between any building façade and
Trafalgar Avenue.
d)Fences with a height greater than 0.9metres shall not be permitted between
any building façade and Trafalgar Avenue.”
6. This By-law shallbecome effective only if Official Plan Amendment No. ___, (146
Trafalgar Avenue) comes into effect, pursuant to Section 24(2) of The Planning
Act, R.S.O. 1990, c. P.13, as amended.
PASSED at the Council Chambers in the City of Kitchener this
day of ,2019.
_____________________________
Mayor
_____________________________
Clerk
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DSD-19-005 - Appendix B
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1
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DSD-19-005 - Appendix C
PROPERTY OWNERS AND INTERESTED PARTIES ARE INVITED
TO ATTEND A PUBLIC MEETING TO DISCUSS
A PROPOSED OFFICIAL PLAN AMENDMENT &AMENDMENT TO THE KITCHENER ZONING BY-LAW
UNDER THE SECTIONS 17, 22 &34 OF THE PLANNING ACT
146 Trafalgar Avenue
Blaze Properties Inc. is proposing Official Plan and Zoning By-law Amendments to permit the lands at 146
Trafalgar Avenue to be developed with a low-rise 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,FEBRUARY25, 2019 at 7:00 P.M.
nd
COUNCIL CHAMBERS, 2FLOOR, 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 would otherwise have an
ability to appeal the decision of the City of Kitchener to the Local Planning Appeal Tribunal, but the
person or public body does not make oral submissions at a public meeting or make written
submissions to the City of Kitchener prior to approval/refusal of the proposal, the person or public
body is not entitled to appeal the decision.
ADDITIONAL INFORMATIONis available by contacting the staff person noted below, viewing the staff report
contained in the agenda (available approximately 10 days before the meeting -
https://calendar.kitchener.ca/council - click on the date in the calendar, scroll down & select meeting), or in
th
Floor, City Hall, 200 King Street West, Kitchener between 8:30 a.m. - 5:00
person at the Planning Division, 6
p.m. (Monday to Friday).
Katie Anderl, Senior Planner - 519-741-2200 x7987 (TTY: 1-866-969-9994); katie.anderl@kitchener.ca
1 - 26
DSD-19-005 - Appendix D
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DSD-19-005 - Appendix D
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DSD-19-005 - Appendix D
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DSD-19-005 - Appendix D
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DSD-19-005 - Appendix D
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DSD-19-005 - Appendix D
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DSD-19-005 - Appendix D
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DSD-19-005 - Appendix D
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DSD-19-005 - Appendix E
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DSD-19-005 - Appendix E
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DSD-19-005 - Appendix E
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DSD-19-005 - Appendix E
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DSD-19-005 - Appendix E
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DSD-19-005 - Appendix E
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DSD-19-005 - Appendix E
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DSD-19-005 - Appendix E
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DSD-19-005 - Appendix E
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DSD-19-005 - Appendix E
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DSD-19-005 - Appendix E
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DSD-19-005 - Appendix E
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DSD-19-005 - Appendix E
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REPORT TO:Planning and Strategic Services Committee
DATE OF MEETING:February 25, 2019
SUBMITTED BY:Alain Pinard,Director of Planning
PREPARED BY:Brian Bateman,519-741-2200 ext. 7869
WARD (S) INVOLVED:Ward 8
DATE OF REPORT:January 15, 2019
REPORT NO.:DSD-19-001
SUBJECT:DRAFT PLAN OF VACANT LAND CONDOMINIUM30CDM-18205
155 WESTWOOD DRIVE
COOK HOMESLIMITED
___________________________________________________________________________
RECOMMENDATION:
A.That the City of Kitchener, pursuant to Section 51 (31) of the Planning Act R.S.O. 1990,
Chapter P 13 as amended, and delegation by-law 2002-64, grant draft approvalto Plan
of CondominiumApplication 30CDM-18205in the City of Kitchener, for COOK
HOMESLIMITED, subject to the conditions attached to Report DSD-19-001as
Appendix A.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
2 - 1
BACKGROUND:
Planning staff received an application from Cook Homes for the approval of a Draft Plan of
Vacant Land Condominium for the creation of 58 unit areas and common element areas for the
development of 29 semi-detached dwellings (58 units) on a private roadway located at 155
Westwood Drive. This property is zoned Institutional One (I-1) which permits a range of
institutional and residential uses including semi-detached dwellings. No zoning permissions are
being sought with respect to the development.
REPORT:
This property was the former Monsignor Gleason Catholic school site that was deemed surplus,
closed, and, in 2012, put up for public sale by the Waterloo District Catholic School Board. The
Board sold the property to Cook Homes in 2016. The building was demolished in 2017. The
site has been unoccupied since the school closing in 2012.
The subject lands are approximately 5.02 acres (2.03 hectares) in size with approximately 132
metres of frontage on Westwood Drive. The site is centrally located within the neighbourhood
and is immediately adjacent to Westwood Park. Surrounding land use is characterized as low
rise residential with a mixture of single, semi-detached and multiple dwellings, open space and
railway lands. The property fronts onto Westwood Drive and backs onto CN railway lands.
Westwood Drive is a Minor Neighbourhood Collector .
The owner is proposing to construct 29 semi-detached dwellings on a U-shaped private roadway
and divide the land through a Vacant Land Condominium (VLC) in order to create 58 units and
common elements areas. According to the Province, units in a vacant land condominium are
effectively vacant lots upon which buildings will be located after the condominium is registered.
A plan of a vacant land condominium therefore resembles a plan of subdivision but with land
identified as either a unit or a common element instead of lots and blocks.
Policy Conformity& Zoning
Provincial Policy Statement, 2014
The 2014 Provincial Policy Statement (PPS) was issued by the Province of Ontario. The PPS
provides policy direction on matters of Provincial interest related to land use planning and
development and applies to all decisions in respect of the exercise of any authority that affects
a planning matter made on or after April 30, 2014. Section 3 of the PPS requires that decisions
The PPS provides a vision for land use planning in Ontario that encourages the efficient use of
land, resources and public investment in infrastructure. A mix of land uses is encouraged to
provide choice and diversity. A variety of transportation modes to facilitate pedestrian movement,
less reliance on the automobile, and use of public transit is encouraged as a means of creating
more sustainable, livable and healthy communities are at the core of these policies. The PPS
2 - 2
encourages development that will provide for long-term prosperity, environmental health and
social well-being.
The proposed redevelopment provides for development within a settlement area which optimizes
existing infrastructure, public service facilities, and transportation networks. The proposed
development is of a compact built form and will contribute to a range of residential uses found
within this neighbourhood. Accordingly, Planning staff is of the opinion that this proposal is
consistent with the policies of the PPS.
Growth Plan for the Greater Golden Horseshoe, 2017
The Growth Plan for the Greater Golden Horseshoe, 2017 (Growth Plan) supports the
achievement of complete communities that are designed to support healthy and active living and
meet people's needs for daily living throughout an entire lifetime. The Growth Plan seeks to
support the achievement of complete communities.
The proposed vacant land condominium would facilitate re-development of a site within the
Delineated Built-up Area. In addition, the proposed residential development of semi-detached
dwellings would assist in achieving a complete community by helping to diversify the range and
mix of housing options, which assists in accommodating people at all stages of life, and
accommodating the needs of all household sizes and incomes.
In summary, it is the opinion of staff the proposed development is consistent with the Growth
Plan as it represents the type of re-development that is encouraged within the Built-up Area and
will assist the City in achieving the growth targets established by the Province.
Regional Official Plan (ROP)
The Regional Official Plan identifies the subject property as being within the Urban Area - Built-
Up Area. is to promote
balanced growth by directing a greater share of urban development towards the existing Built-
Up Area.
The proposed vacant land condominium conforms to the Regional Official Plan, in the opinion
of staff.
City of Kitchener 2014 Official Plan
Land use
The 2014 Official Plan designates the subject property as Institutional. At the time the application
was submitted in June 2018 the policies associated with this land use designation were under
appeal and the current in-effect zoning of the property permits the use of a semi-detached
dwelling. A zoning by-law amendment is not required and is deemed to comply with the Official
Plan. As such, the previous land use designation of Low Rise Residential (LRR) in the 1994
Official Plan is being relied upon as the in-effect policies giving policy direction in regards to the
vacant land condominium draft plan application. The LRR designation is intended to
accommodate a full range of low density housing types such as single and semi-detached
2 - 3
dwellings and low rise multiples. The LRR designation has informed the existing zoning of the
subject property which permits the use of a semi-detached dwelling. Once the 2014 Institutional
mapping, if deemed necessary.
The proposed vacant land condominium in the opinion of staff conforms to the Official
Plan and the Regional Official Plan, and is consistent with the Provincial Policy Statement and
the Growth Plan.
Zoning By-law 85-1
The subject property is zoned Neighbourhood Institutional One (I-1) in Section 31 of By-law 85-
1. In addition to institutional uses such as a church, school, community centre, residential care
facility, this zone also permits a single and semi-detached dwelling, subject to complying with
the applicable zoning regulations. Section 5 of the Zoning By-law allows for more than one
semi-detached dwelling to be located on a lot or block of land in a vacant land condominium.
Accordingly, no special zoning permissions are being sought nor required for this development
proposal.
Proposed Draft Plan of Vacant Land Condominium(VLC)
CondominiumDesign
The applicant is proposing to subdivide the block of land to create 58 unit areas representing
one half of each semi-detached dwelling (29 in total) fronting onto a U-shaped private roadway
described as common element. Three (3) semi-detached dwellings, comprising six (6) unit
areas, are proposed to front onto Westwood Drive to help integrate the development within the
community. Each unit area complies with zoning in terms of lot width and area and each semi-
detached dwelling unit will have its own garage and driveway therefore complying with the
parking requirements of one space per unit. In addition to a private roadway, the common
elements comprise a 30 metre buffer of land separating the development from the CN railway
tracks. The 30 metre buffer is a zoning requirement under Section 5 of By-law 85-1. The buffer
will consist of a safety berm/noise wall, visitor parking for 15 spaces, and open space and a trail
connection to Westwood Park.
Site Plan
Site plan application (SP171/131/W/BB) was submitted in December 2017 and has received
approval in principle from the Site Plan Review Committee. This application was submitted prior
to the draft plan application in order to help inform key elements of the draft plan such as road
location and access points, servicing, proposed building footprints for each unit area, visitor
parking, landscaping and buffer requirements. Final approval of the site plan is contingent upon
satisfying a number of site plan conditions and including approval and registration of the draft
plan. The owner is required to enter into a Section 41 Site Plan Agreement with the City. A copy
of the site plan is attached as Appendix E.
2 - 4
Servicing
The subject site will be serviced by connecting to an existing 300mm diameter sanitary sewer,
a 1050mm diameter storm sewer and a 300mm diameter watermain located within Westwood
Drive. Individual properties within the development will be connected to services located within
the private roadway, which forms part of the common elements portion of the plan. The
condominium corporation will be responsible for all maintenance of such services within the
common elements.
Storm Water Management
Proper stormwater management is necessary to control surface water run-off, erosion, flooding
stormwater management criteria of 5 and 100 year rain event post development flow rates to
pre development flows by retaining 12.5mm from the site. Stantec Engineering has prepared a
Stormwater Management Design Brief which has been reviewed by City Engineering staff. The
3
design provides for 256.6m of retention by directing roof and backyard runoff to rear yard
infiltration galleries. Infiltration galleries will be minimum of 1.0m from measured groundwater.
3
The design, approved by Engineering staff, reduces the 5 year flow rate by 43% (0.26m/s to
333
0.15m/s) and reduces the 100 year flow rate by 48% (0.57m/s to 0.30m/s). The use of 300mm
orifice plate and on site storage tanks has been incorporated into the design.
Parkland Dedication
In accordance with Council Policy 1074 4.3.1, Parks staff advises that parkland dedication is
not required for this development as it has been determined that the maximum amount of 5
percent land dedication was taken previously as part of the subdivision approval and registration
of Plan 1198.
CN
The subject lands back onto Canadian National Railways property. As such, this development
is subject to a 30 metre buffer regulation noted in Section 5 of By-law 85-1 and in compliance
with CN design standards. This buffer is identified on the draft plan and forms part of the
common elements portion. In addition, the applicant has submitted a Noise and Vibration Study
prepared by Stantec. This study has been submitted to CN for review and approval. CN staff
has indicated it is generally supportive of the study subject to incorporating a number of
conditions of draft approval outlined in Appendix A.
Planning Analysis
In considering this draft plan of subdivision,
been met:
There is broad-based Provincial and Regional policy support for the re-development of
the site.
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Official Plan - the in-effect policies at the time the draft plan application was submitted.
The Zoning By-law permits the use of a semi-detached dwelling on the subject lands and
more than one semi-detached dwelling on block of land within a vacant land
condominium.
Technical matters have been addressed. The subject lands can be serviced municipally
(including adequate storm water management considerations to control surface drainage)
and access location considerations are deemed appropriate.
The size and shape of the unit areas are consistent with the surrounding fabric and are
in compliance with the zoning regulations for lot width and area requirements.
The development optimizes the use of existing infrastructure.
Public consultation has taken place and staff has considered all comments and concerns.
The site plan has informed the condominium plan and Agreements will govern and
administer the site development and protect future inhabitants.
Department and Agency Comments
Any departmental and agency requirements have been addressed or are included as conditions
of approval (see Appendix C).
Community Input
106 letters were mailed out to property owners within a 120 meter radius of the subject property
notifying of the proposal. In response, staff received eight written responses, one of which was
signed by twelve individual property owners. These are attached in Appendix D together with a
summary of the Neighbourhood Information Meeting, which was attended by nineteen residents
on October 16, 2018. A range of likes, concerns and suggestions were raised by property owners
with respect to the proposal. Staff has summarized the comments and has provided responses
below. Staff note that many of the comments received in written format and/or expressed at the
NIM relate to matters which are more neighbourhood specific or existing condition issues such
as infrastructure, traffic calming, on street parking control and park considerations that fall
outside of the scope of this application review. However, staff will attempt to address off site
concerns where it can as staff recognize the importance of these matters to residents.
nd
Staff also held a drop-in session on January 22, 2019 at the Victoria Hills Community Centre.
Staff from the Neighbourhood Development Office, Transportation Services, Engineering,
Planning and Parks were on hand to answer questions from residents regarding proposed
resident led traffic calming; Westwood Park and servicing infrastructure matters. A number of
follow up actions were identified which will be addressed separately from the application.
2 - 6
Staff appreciate the detailed comments and thoughtful suggestions provided by residents.
Below was what was generally heard:
1. Likes
A few residents cited support for the proposed development of semi-detached dwellings over
higher density forms of housing.
To respond, staff acknowledges that a semi-detached dwelling is one of several forms of lower
density housing . Through the
Official Plan, the City supports a variety of lower density housing in existing residential
neighbourhoods and semi-detached dwellings assist in meeting that policy objective.
Moreover, the existing zoning permissions for this site allow for the use of a semi-detached
dwelling as of right and Cook Homes is complying with the established zoning regulations in
terms of the size of proposed unit areas as well as building setbacks and heights.
2. Concerns/Questions
Generally speaking many of these were more technical in nature such as:
o Wanting more information regarding the proposal as it was felt the Vacant Land
Condominium plan did not provide a lot of information.
In response, it is acknowledged that it can be a challenge providing a lot of detailed information
through a mail circulation. That is why staff often holds a Neighbourhood Information Meeting
(NIM) to better inform the public and to hold a question and answer session. In that regard, staff
held a NIM on October 16, 2018 and it provided an opportunity to provide details and answer
questions posed by residents.
o Drainage & Flooding
Will this development worsen flooding of the area?
The concern with drainage and flooding relates to an existing condition situation and residents
would like assurances this proposal will not worsen the problem. To respond, the issue here
relates to both on and off-site issues. Regarding on-site drainage, staff has reviewed the storm
water management plan for the subject development as is required through the approvals
process. Staff is satisfied the proposed plan to manage surface water drainage from the
proposed development will reduce the amount of runoff entering the storm sewers on Westwood
Drive due to the loped through the
Stormwater Master Plan being implemented in the design of the site. As such, staff is confident
it will not worsen the situation in fact it should alleviate some of the pressure on the storm
sewers at this location. This is an improvement over the existing condition as the subject site
(previously a school) had no drainage controls and runoff was sent via surface flows or piped
directly to Westwood Drive.
Regarding the capacity of the storm sewer in Westwood Drive, the City received grant funding
from the National Disaster Mitigation Program which will enable the City to refine its city-wide
storm sewer model. Once this work has been awarded, staff will begin to build out the model to
2 - 7
include all storm sewers in the City which will inform the City when prioritizing locations that
require financial resources and engineering designs to address. This work will take some time
(approximately 18 months) in order to obtain a complete picture of all flooding locations in the
City.
o Traffic:
impact on Westwood Drive
Visibility and Safety issues due to driveway locations along Westwood
In response, Transportation Planning staff has assessed trip generation rates for 58 semi-
detached dwellings units and has determined that the proposed development will have minimal
impacts. Westwood Drive is a designated Minor Neighbourhood Collector Street capable of
supporting up to approximately 5000 vehicles per day. According to Transportation staff, trip
generation rates are currently at 2600 vehicles passing by the subject site per day and it is
estimated to increase to between 2900 to 3100 vehicles per day when factoring in the
development. The estimated trip generation rate during the am and pm peak travel hours is
between 43 and 57 vehicles entering/exiting the subject site which is considered low.
Staff has also considered the proposed access points and driveway locations and is satisfied
they do not pose a safety risk and/or visibility concerns. Two primary reasons for this: 1.
Westwood Drive is predominately developed with single and semi-detached dwellings with
driveway access onto Westwood Drive. he addition of three paired driveway
accesses immediately across from other residential properties with driveway accesses onto
Westwood Drive is consistent with the streetscape; and 2. the former school site had two points
of access onto Westwood Drive and having two accesses for the proposed development helps
to divert and split the traffic generated.
o Parking
Enough parking
Visitor spaces (location & numbers)
To respond it is the responsibility of the developer to provide an adequate number of parking
spaces based on zoning for their development only. The parking requirements for the
development of 58 semi-detached units is one space per unit. Parking will be accommodated
through a combination of having a garage (legal parking space) with a driveway for each dwelling
unit. As such, each unit could accommodate up to two vehicles. In addition, 15 visitor parking
spaces will be provided along the front portion of the common elements where the 30 meter
buffer is required and where there is sufficient space on site for visitor parking. So between a
garage and a driveway for each unit and 15 visitor parking spaces, the developer has gone
above and beyond what is legally required under the zoning and therefore staff is confident
enough parking is being provided.
o Density
is it in line with the requirements?
2 - 8
To respond, the density is appropriate. The existing I-1 zoning establishes the density through
minimum lot widths and lot areas for each semi-detached unit, and this development meets
and/or exceeds the zoning regulations in that regard. Moreover, the density is in line with the
Official Plan that projects an overall average density of 25 units per hectare for all lands that fall
within the Low Rise Residential designation.
o Loss of Open Space
Staff acknowledges there was an informal arrangement between the City and the Separate
School Board to utilize the former school site ball diamond and that arrangement has since
ceased with the sale of the lands by the Separate School Board to Cook Homes. Fortunately,
Westwood Park is located immediately adjacent and it
neighbourhood park and has It currently has a ball diamond
and playground equipment. Westwood Natural area is located on the opposite side of Westwood
Drive to Westwood Park that further contributes to the amount of open space for the
neighbourhood. From a zoning perspective, this property is and has been zoned Institutional
and not Open Space. Therefore, this property is zoned for development and not parkland.
3. Suggestions
Heard many suggestions including:
o Request for Traffic calming measures along Westwood
o Request for a 3 way stop at Knell & Westwood
To respond, Transportation Planning staff has considered the request for traffic calming along
Westwood Drive, including a proposed 3-way stop. Presently, Westwood Drive is on the list for
formal traffic calming consideration but is ranked lower than many other City streets under
consideration. As such, formal traffic calming measures is not being recommended at this time.
Staff will continue to monitor traffic volumes and speeds along Westwood Drive for future formal
traffic calming consideration. A 3 way stop was considered by Transportation staff but is not
supported as it does not meet warrant requirements. Alternatively, it is suggested that residents
work with staff from Transportation Services and the Neighbourhood Development Office to
pursue resident led traffic calming initiatives through or seasonal
nd
traffic calming measures that were discussed at the January 22 drop in meeting. Resident-led
and seasonal traffic calming projects can improve safety, slow traffic, add beauty and bring
neighbours together.
o Re-orient units facing Westwood Drive onto the private roadway
o Locate visitor spaces to front of property
o Take land instead of cash-in-lieu and use it for parking for the park
A number of design related suggestions were offered by residents including re-orienting the
three semi-detached dwellings fronting Westwood Drive to front onto the private roadway,
maintaining transit locations, locating visitor parking to the front of the development closer to
Westwood Drive and asking for consideration of a one-way in/ one-way out private roadway
2 - 9
instead of two-way. To respond, staff wishes to thank residents for the thoughtful and articulate
design comments. First, staff supports the three semi-detached dwellings fronting onto
Westwood Drive. From an urban design perspective, front facing rather than side facing
development better addresses the streetscape, helps to integrate the overall development
scheme within the neighbourhood and provides . The majority of existing
single and semi-detached dwellings face rather than side onto Westwood Drive and having at
least three of five dwellings front face onto Westwood Drive reinforces rather than detracts from
the character of the street. Although staff acknowledges side facing development does exist
along Westwood Drive, it is mainly seen for the existing apartment complexes. Second, staff
supports the location of visitor parking at the rear as provided for several reasons: 1. The 30
metre buffer of land affords space in which to provide parking at the rear; 2. Locating parking
towards the front of the property would require a re-design of the site which is both undesirable
and unnecessary given that land that is available at the rear; 3. From an urban design
perspective, it is more desirable for dwellings rather than parking to interface with a street; and
4. Appropriate signage will be provided to indicate visitor parking will be located at the rear of
the property. This should encourage visitors to park in the designated visitor parking lot rather
than on the street that is of concern of residents.
o One-way rather than two-way internal roadway system
A one-way system for the proposed private roadway for the development was assessed by staff.
Staff prefers the two-way system as it helps split and divert traffic entering and existing the site,
-way private roads are often ignored because the location of
a unit within the development will often dictate which access to use.
o On-street parking issues
o Prohibit on-street parking along curve of Westwood Drive
o Maintain public transit locations
Consideration of on-street parking prohibition in front of Westwood Park along Westwood Drive
and discussions regarding existing on-street parking problems can be explored with
Transportation and By-law Enforcement staff.
Regional Transportation staff has indicated that transit stops will be maintained at this location.
Two locations are shown on the site plan attached as Appendix E.
ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN:
service.
FINANCIAL IMPLICATIONS:
None as any maintenance associated with the development will be assumed by the
condominium corporation.
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COMMUNITY ENGAGEMENT:
INFORM and CONSULT The applications were circulated for comment to internal
departments, external agencies, and all property owners within 120 metres of the subject lands
on July 3, 2018. The written responses received from property owners and interested parties
are attached as Appendix D and are addressed in this report. A Neighbourhood Information
Meeting was held October 16, 2018. A Notice sign is posted on the property. A courtesy notice
of the public meeting will be circulated to all property owners responding to the preliminary
circulation and who attended the Neighbourhood Information Meeting. Notice of the Public
Meeting will be given in The Record on February 1, 2018 and a copy of the Notice is attached in
Appendix B. This report will be
council/committee meeting
CONCLUSION:
Staff is of the opinion the proposed Draft Plan of Vacant Land Condominium represents good
planning for the City.
Staff is recommending approval conditional upon the owner satisfying the conditions of draft
approval outlined in Appendix A.
REVIEWED BY: Della Ross, Manager, Development Review
ACKNOWLEDGED BY: Justin Readman, General Manager (Development Services)
ATTACHMENTS:
Appendix A Proposed Draft Plan and Conditions
Appendix B Newspaper Advertisement
Appendix C Department/Agency Comments
Appendix D Property Owner Comments
Appendix E Site Plan
2 - 11
Appendix “A”
DRAFT PLAN OF CONDOMINIUM 30CDM-18205
BLK ‘B’ REGISTEREDPLAN 1198
COOK HOMES LIMITED
RECOMMENDED CONDITIONS OF DRAFT APPROVAL
That the City of Kitchener, pursuant to Section 51(31) of the Planning Act R.S.O. 1990, c.P.13,
as amended, and By-law 2002-164 as amended, of the City of Kitchener, hereby grants draft
approval to Condominium Application 30CDM-18205for Block B of Registered Plan 1198in the
City of Kitchener, subject to the following conditions:
1.That this approval applies to Draft plan of Condominium 30CDM-18205for Cook Homes
Limited, prepared by Stantec, dated June 14, 2018, proposing a vacant land draft plan of
condominium for 2.02hectares of land comprised of 58vacant units and a common element
areas.
2. That the final plan shall be prepared in general accordance with the above noted plan, with a
copy of the final plan being approved by the City’s Manager ofDevelopment Review.
3. That the owner submit a draft Condominium Declaration, for approval by the City’s Manager
of Development Review, containing the following provisions (or similar wording as approved
by the City):
i.That common element walkways and sidewalks, driveway, and parking area be
maintained in a snow free condition and void of any obstruction 12 months of the
year.
ii.That the Condominium Corporation agrees to maintain the common elements in
compliance with the site plan (file:SP17/131/W/BB) approved by the City’s
Manager of Site Development and Customer Service, for the life of the
development.
iii.That the Condominium Corporation agrees to maintain 15 visitor parking spaces on
site, for the life of the development.
iv.That the common elements may be subject to water, stormwater, and sanitary
easement agreement(s) with utility suppliers, the Region of Waterloo, and/or the
City of Kitchener for access and/or maintenance purposes.
v.That home mail delivery will be from a designated Community Mail Box located
within the common element portion of the plan.
vi.That a private contractor will pick up and dispose of all recyclables and other waste
material from the common element portion of the plan.
2 - 12
vii.That the Condominium Corporation agrees to maintaininfiltration gallerieslocated
within the common elementand at the rear of unit areas. An easement in favour
of the Condominium Corporation toensure the implementation, access to, and
maintenanceis required. The Condominium Corporation shall maintain the
easement for the life of the development.
viii. That Servicing, including the Condominium Corporation-maintained infiltration
galleries, are located on lands within the common element and within vacant unit
boundaries. This infrastructure shall be maintained by the Condominium
Corporation for the life of the development.
ix.That due to the existence of shallow insulated storm water infrastructure and
infiltration galleries located within the common element and within unit boundaries,
any fencing along the rear of the condominium unit boundaries may be installed in
accordance with the approved landscape plan(s) only. The type of fencing, its
placement and installation shall be consistent with the approved landscape plans.
x. That due to the existence of shallow insulated storm water infrastructure and
infiltration galleries located within the common element and within unit boundaries,
no structure or building, or any object that requiring any footings, shall be permitted
within any unit or the common element, save and expect for any buildings,
landscape features and plantings, and parking areas shown on the approved site
plan and/or landscape plan(s).
xi.That the Condominium Corporation agrees to maintain all sidewalks located within
unit areas.
4. That the Owner submit a draft of the executed declaration, with the provisions as required
in condition 3 hereof, for approval by the City’s Manager of Development Review.
5. That satisfactory arrangements be made with the City of Kitchener for the payment of any
outstanding Municipal property taxes, utility accounts, and/or local improvement charges.
6.That the Owner shall make arrangements for the granting of any easements for utilities
and municipal services. The owner agrees to comply with the following easement
procedure:
i.to provide reference plan(s) showing the easements to Hydro, communication/
telecommunication companies, and the City, to the satisfaction of the City’s
Manager of Development Review;
ii.to ensure that there are no conflicts between the desired locations for utility
easements and those easement locations required by the City’s Director of
EngineeringServices for municipal services;
2 - 13
iii.to ensure that there are no conflicts between utility or municipal service easement
locations and any approved Tree Preservation/Enhancement Plan;
iv.if utility easement locations are proposed within lands to be conveyed to, or
presently owned by the City, the owner shall obtain prior written approval from the
City’s Manager of Development Review or, in the case of parkland, the City’s
General Manager of Community Services; and
v.to provide to the City’s Manager of Development Review a clearance letter from
each of Hydro and telephone companies. Such letter shall state that the respective
utility companyhas received all required grants of easement, or alternatively, no
easements are required.
7.That the Owner construct, designate, and sign a minimum of 15 parking spaces as "Visitor
Parking".
8.That the final plans for registration are in compliance with the approved site plan (file:
SP17/131/W/BB).
9.That immediately uponand concurrently with theregistration of the condominium, the
Owner agrees to register theSection 41Site PlanAgreement to the satisfaction of the
Manager of Development Review.
10.That the Owner confirms that sufficient wire-line communication/telecommunication
infrastructure is currently available within the proposed development to provide
communication/telecommunication service to the proposed development to the
satisfaction of Bell Canada or other communication/telecommunication company.
11.That the Owner make satisfactory arrangements with Canada Post for the provision of
mail delivery via a designated Centralized Mail Box including a suitable centralized
location on-site, installing the concrete pad(s) and advising prospective purchasers
through purchase and sale agreements that mail service if from a centralized facility.
12.That the Owner shall submit to theCity of Kitchener a Letter(s) of Credit to cover 100
percent of the remaining cost of all outstanding and/or uncertified site development works
to the satisfaction of the City’s Manager of Development Review.
i. The Letter(s) of Credit shall be kept in force until the completion and certification
of the required site development works in conformity with their approved designs.
If a Letter(s) of Credit is about to expire without renewal thereof and the site works
have not been complete and certified in conformity with the approved design, the
City may draw all of the funds so secured and hold them as security to guarantee
completion and/or certification, unless the City Solicitor is provide with a renewal
of the Letter(s) of Credit forthwith.
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ii. In theevent that the Owner fails to complete the required site development works,
to the satisfaction of the City’s Manager of Development Review, then it is agreed
by the Owner that the City, it’s employees, agents of contractors may enter on the
lands and so complete and/or certify the required site development works to the
extent of the monies received under the Letter(s) of Credit. The cost of completion
of such works shall be deducted from the monies obtained from the Letter(s) of
Credit. In the event that there are required site development works remaining to
be completed, the City may by By-law exercise it’s authority under Section 326 of
the Municipal Act to have such works completed and to recover expense incurred
in doing so in like manner as municipal taxes.
iii. Other forms of performance security may be substituted for a Letter(s) of Credit at
the request of the Owner, provided that the approval is obtained from the City
Treasurer and City Solicitor.
13. That the project surveyors have provided their unqualified certification that the proposed
description for the proposed Common Elements Condominium have been approved by
the Registry Office and all signatures and certification required to permit its registration
have been included thereon, other than on the behalf of the City of Kitchener.
14. That the project solicitors have provided their unqualified certification that the proposed
declaration for the proposed Common Elements Condominium have been approved by
the Registry Office and all signatures and certification required to permit its registration
have been included thereon, other than on the behalf of the City of Kitchener.
15. That the Owner enters into an agreement with the City of Kitchener containing the
following provisions:
i.The Owner agrees that prior to occupancy of each semi-detacheddwelling (each
vacant land unit), the City of Kitchener is provided with a certificate from an Ontario
Land Surveyor confirming that the constructed foundation wall for each semi-
detacheddwelling has been constructed dividing one vacant land unit from another
within the confines of the building envelop lie on or within the actual party wall
foundation wall so as to ensure that no part of any proposed vacant land unit lies
beyond a party wall foundation wall, to the satisfaction of the City of Kitchener.
ii.The Owner agrees to include a statement in all Offers and/or Purchase and Sale
Agreements for all units that advises of the infiltration gallery, servicing locations,
catchbasin, and overflow path requirements and the requirements to maintain such
facilities. Offers and/or Purchase and Sale Agreements with builders shall obligate
the builders to notify purchasers of the exact location, size and/or intent of such
facilities. The wording of the statement shall be to the satisfaction of the CITY’s
Director of Engineering Services.
2 - 15
iii.That the Owner agrees to include the following statement in the Offer and/or
Purchase and Sale Agreements:
a) “Warning: Canadian National Railway Company or its assigns or successors in
interest has or have a rights-of-way within 300 metres from the land subject
hereof. There may be alterations to or expansions of the railway facilities on
such rights-of-wayin the future including the possibility that the railway or its
assigns or successors as aforesaid may expands its operations, which
expansion may affect the living environment of the residents in the vicinity,
notwithstanding the inclusion of any noise and vibration attenuation measures
in the design and development and individual dwellings. CNR will not be
responsible for the complaints or claims arising from use of such facilities
and/or operations on, over or under the aforesaid rights-of-way.”
b) “The safety and noise attenuation berm abutting the rail line is not to be altered
or tampered with and the Owneror its successorshall have sole responsibility
for and maintain these measures to the satisfaction of CN.”
iv.That prior to occupancy, the Owner agrees to provide central air conditioning for
Units16, 17, 46, and 47identified on the Draft Plan dated, June 14, 2018 prepared
by Stantec.
16. Infiltration galleries and storm water management servicingand otherinfrastructure is
located and has been constructed on units not within the common element. The Owner
agrees that at the time ofregistration, easements necessary to ensure the
implementation, access to, and maintenance of the infiltration galleries and storm water
management servicing infrastructure are provided in favour of the Condominium
Corporation, to the satisfaction of the CITY’s Director of Engineering Services and the
CITY’s Solicitor. Wording of such easement must be approved by the CITY’s Director of
Engineering. The Condominium Corporation-maintained infiltration gallery and the storm
water management servicing infrastructure shall be maintained by the Condominium
Corporation as a whole, and not by an individual unit owner which may own a portion of
the land in which the infiltration gallery and storm water management servicing
infrastructure is located.
17.That the Owner makes satisfactory arrangements with CN regarding the design and
installation of the noise wall to MOECC standards.
Regional Municipality of Waterloo Conditions:
18. That the Applicant/Owner agrees to stage development of this condominium in a manner
satisfactory to the Commissioner of Planning, Development and Legislative Services and
the City of Kitchener, includingany easements or other requirements as a result of staging.
2 - 16
19.That the development agreement (if necessary) be registered by the City of Kitchener against
the land to which it applies and a copy of the registered agreement be forwarded to the
Commissioner of Planning, Development and Legislative Services for the Regional
Municipality of Waterloo prior to final approval of the condominium plan.
20. That the Condominium Declaration be forwarded to the Commissioner of Planning,
Development and Legislative Services for the Regional Municipality of Waterloo prior to final
approval of the condominium plan.
21. That prior to final approval, the Applicant/Owner will make provisions through the
Condominium Declaration for the implementation of the recommendations of the Salt
Management Plan.
CLEARANCES:
1.That prior to the signing of the final plan by the City’s Manger of Development Review,
the Owner shall submit a detailed written submission outlining and documenting how
conditions 3 through 17 inclusive have been met. The submission shall include a brief but
complete statement detailing how each condition has been satisfied.
2.That prior to the signing of the final plan by the City’s Manager of Development Review,
the City of Kitchener is to be advised by the Regional Commissioner of Planning,
Development and Legislative Services that Conditions 3 and 18 to 21 (inclusive) have
been carried out to the satisfaction of the Regional Municipality of Waterloo. The
clearance letter from the Region shallinclude a brief but complete statement detailing
how each condition has been satisfied.
NOTES:
1.The owner is advised that the provisions of the Development Charge By-laws of the City
of Kitchener and Development Charge By-law 04-049 of the Regional Municipality of Waterloo
are applicable.
2.The condominium plan for Registration must be in conformity with Ontario Regulation
43/96 as amended, under the Registry Act.
3.Draft approval will be reviewed by the Manager of Development Reviewfrom time to time
to determine whether draft approval should be maintained.
4.It is the responsibility of the owner of this draft plan to advise the Regional Municipality of
Waterloo – Planning, Housing and Community Services and the City of Kitchener – Community
Services Department of any changes in ownership, agent, address and phone number.
5.The owner is advised that the Regional Municipality of Waterloo has adopted By-law 05-
080, pursuant to Section 69 of the Planning Act, R.S.O. 1990, c.P. 13, to prescribe a tariff of fees
2 - 17
for application, recirculation, draft approval, modification to draft approval and registration
release of plans of condominium.
6.This draft plan application was received on June 21, 2018and deemed complete on June
22, 2018, 2018and shallbe processed and finally disposed of under the Planning Act, R.S.O.
1990, c. P.13, as amended by S.O. 2006, c.23 (Bill 51).
7.To ensure that a Regional Release is issued by the Regional Commissioner of Planning,
Development and Legislative Services to the City of Kitchener prior to year end, it is the
responsibility of the owner to ensure that all fees have been paid, that all Regional conditions
have been satisfied and the required clearance letters, agreements, prints of plan to be
registered, and any other required information or approvals have been deposited with the
Regional Planner responsible for the file, no later than December 15th. Regional staff cannot
ensure that a Regional Release would be issued prior to year end where the owner has failed to
submit the appropriate documentation by this date.
9.When the survey has been completed and the final plan prepared to satisfy the
requirements of the Registry Act, they should be forwarded to the City of Kitchener. If the plans
comply with the termsof the approval, and the City has received assurance from the Regional
Municipality of Waterloo and applicable clearance agencies that the necessary arrangements
have been made, the Manager of Development Review’s signature will be endorsed on the plan
and it will be forwarded to the Registry Office for registration.
The following is required for registration and under The Registry Act and for our use:
Two(2)original mylar
Five(5)white paper prints
One(1)digital copy
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161413550
PROJECT No.:
stantec.com
30 METRES
BRIAN CAMPBELL
Cook Homes Limited
IAN COOK, PRESIDENT
ONTARIO LAND SURVEYOR
20
February 6, 2018
I HAVE THE AUTHORITY TO BIND THE CORPORATION
0.664 Hectares0.353 Hectares58
1.006 Hectares
DATE:
10
*
CHECKED:
0
DATEDATE
NK
JUNE 14, 2018
JUNE 14, 2018
Scale 1:500
Stantec Geomatics Ltd.
DRAFT PLAN OF VACANT LANDCONDOMINIUMBLOCK "B"CITY OF KITCHENER REGIONAL MUNICIPALITY OF WATERLOO
REGISTERED PLAN 1198
10
STAMP
KEY PLAN
DRAWN:
AREA OF UNITS 1-58 =AREA OF ROADS =AREA OF GREENSPACE =TOTAL AREA OF CONDOMINIUM =2.023 HectaresTOTAL UNITS
LAND USE PARKING SPACES REQUIRED71PARKING SPACES PROVIDED73
UNIT 58
UNIT 57UNIT 56UNIT 55UNIT 54UNIT 53UNIT 52UNIT 51UNIT 50UNIT 49UNIT 48UNIT 47
COMMON ELEMENT
UNIT 34
UNIT 33
6
4
T
N
T
I
E
N
M
UNIT 39UNIT 41UNIT 44
UNIT 35UNIT 36UNIT 37UNIT 40UNIT 42UNIT 43UNIT 45U
UNIT 38
E
UNIT 32
L
E
N
O
M
M
UNIT 31
O
C
UNIT 17
UNIT 30UNIT 28UNIT 18
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UNIT "B"
UNIT 29
UNIT "A"
COMMON ELEMENT
6
5
01
4
1
1
1
UNIT "B"
T
T
I
I
TT
I
I
N
N
NNU
U
UNIT 1UNIT 2
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UUNIT 11UNIT 12
UNIT 13U
UNIT "A"
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Appendix “B” DSD-19-001
PROPERTY OWNERS AND INTERESTED PARTIES ARE INVITED
TO ATTEND A PUBLIC MEETING TO DISCUSS
A PROPOSED VACANT LAND CONDOMINIUM
UNDER SECTION 51 OF THE PLANNING ACT
155 Westwood Drive
The City of Kitchener has received a Vacant Land Condominium application30CDM-18205for the creation of 58units and
a common element area. Each of the 58 unit areas comprise a semi-detached dwelling unitand propertywhile internal drive
aisles, visitor surface parking, safety/noise berm, landscaped areas make up the common elementsportion.
The public meeting will be held by the Planning & Strategic Initiatives Committee, a Committee of Council which deals
with planning matters, on:
MONDAY, FEBRUARY 25, 2019 at 7:00 P.M.
nd
COUNCIL CHAMBERS, 2FLOOR, 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 proposals. Ifa person or public body would otherwise have an ability to appeal the decision of
the City of Kitchener to the Local Planning Appeal Tribunal, but the person or public body does not make oral
submissions at a public meeting or make written submissions to the City of Kitchener prior to approval/refusal of
these proposals, the person or public body is not entitled to appeal the decision.
ADDITIONAL INFORMATIONis available by contacting the staff person noted below, viewing the staff report contained in the
agenda (available approximately 10 days before the meeting - https://calendar.kitchener.ca/council - click on the meeting date
th
Floor, City Hall, 200 King Street West,
in the calendar, scroll down & select meeting), or in person at the Planning Division, 6
Kitchener between 8:30 a.m. - 5:00 p.m. (Monday to Friday).
Brian Bateman,Senior Planner - 519-741-2200 ext.7869 (TTY: 1-866-969-9994); brian.bateman@kitchener.ca
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PLANNING & STRATEGIC INITIATIVES COMMITTEE
Page 1UNFINISHED BUSINESS2019-02-25
SUBJECT (INITIATOR)DATE TARGETSTAFF
INITIALLYDATE/STATUSASSIGNED
CONSIDERED
Financial implications analysis of enhanced 2012-06-18 Future PSI B.Sloan
streetscape options for Fischer Hallman Rd design (PSI) Meeting
improvements (over and above baseline capital and
operating budgets)
IF1 - 1