HomeMy WebLinkAboutDSD-19-005 - OPA-18-004-T-KA - ZBA-18-005-T-KA - 146 Trafalgar AveREPORT 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.
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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)
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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
1 - 25
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
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