HomeMy WebLinkAboutDSD-19-190 - ZBA-007-V-CD - 87 Victoria Street North - The Working CentreREPORT TO:Planning and Strategic Initiative Committee
DATE OF MEETING:September 30, 2019
SUBMITTED BY:Alain Pinard,Director of Planning,519-741-2200 ext. 7319
PREPARED BY:Craig Dumart,Planner,519-741-2200 ext. 7073
WARD(S) INVOLVED:Ward 10
DATE OF REPORT:August 28, 2019
REPORT NO.:DSD-19-190
SUBJECT:ZONING BY-LAW AMENDMENTAPPLICATION (Renewalof
Temporary Use By-law) ZBA19/007/V/CD
87 Victoria Street North
The KW WorkingCentre of the Unemployed
_____________________________________________________________________________
Subject Property: 87 Victoria Street North
RECOMMENDATION:
That application ZBA19/007/V/CD (The KW Working Centre of the Unemployed), for the
purpose of renewing temporary use provision 13T, for a maximum of threeadditional
years, to permit the habitation of two existing structures which are accessory to the
residential care facility located on the subject property (87 Victoria Street North), be
approved in the form shown in -August 28, 2019, attachedto
Report DSD-19-
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
3 - 1
REPORT:
The subject property is municipally addressed as87 Victoria Street North and is currently
developed with a residential care facility with surface parking and two accessory structures.The
subject property has an Official Plan designation of InnovationDistrict inthe Urban Growth
Centre (Downtown)Plan and is currently zoned Warehouse District Zone (D-6) with Special
Regulation 105R, Special Uses 116U and 403U Holding Provision 10Hand 13T. Special Use
403U permits a residential care facility on the subject property and Temporary Use Provision
13T permits habitation of twoexisting 7.5m² (8
period of three yearswhich is set to expire in Decemberof 2019.
The purpose of this application is to renew the Temporary Use Provision 13T for three additional
years. Three years is the maximum duration of Temporary Use By-laws passed under Section
39 of the Planning Act. Council may grant further extensions by By-lawupon expiry of the
temporary use provisions.
Over the past three years the existing structures have beenused to house homeless people
who are unable to stay in traditional shelters. Funding for the project hadbeen provided by the
Region of Waterloo whoassistedwith developing the accessory units as a pilot projectin 2016.
In 2016 Fire staff inspected the units and met with the applicant, and were satisfied that all fire
safety requirements hadbeen met.
The Provincial Policy Statement (PPS)
The Provincial Policy Statement sets the policy foundation for regulating the development and
use of land. The policies regarding housing are contained in a section called Building Healthy
and Strong Communities. Providing an appropriate range and mix of residential uses is listed as
one way to sustain healthy, liveable and safe communities.
Policy 1.4.3 requires planning authorities to provide for an appropriate range and mix of housing
types and densities by permitting and facilitating all forms of housing required to meet the social,
health, and wellbeing requirements of residents, including special needs requirements. Special
is used by people who have specific needs beyond economic needs, including but not limited to,
habitation in the accessory structures will add to the range and mix of housing for those who
have special needs which do not allow them to benefit from traditional forms of emergency
shelter. Planning staff is of the opinion that theproposed zone change will continue to allowthe
subject site to accommodate additional compatible housingopportunities to meet long-term
needs of the surrounding community. As such,Planning staff is of opinion that the proposed
zone change is consistent with the policies and intent of the PPS.
A Place to Grow: Growth Plan for the Greater Golden Horseshoe
The Growth Plan for the Greater Golden Horseshoeprovidesframework for implementing the
managing growth in this region. In its references to housing, the Growth Plan requires
municipalities to plan for a range and mix of housing, taking into account affordable housing
needs. Allowing habitation in the accessory structures is an attempt to add to the mix of
temporary shelter options for those with affordable housing needs or those that cannot find
housing.
3 - 2
Official Plan
The subject property is locatedin the Urban Growth Centre and designated as Innovation
in the Official Plan are intended to achieve an appropriate mix of office, residential, institutional,
and commercial uses on lands designated Mixed Use.
Section(4) of the Official Plan contains policies (4.C.1.25-
for special needs housing which is appropriately scaled, retained, located near services, and
compatible with other land uses. Allowing habitationin the two accessory structures is
consistent with these policies.
Regional Official Policies Plan
The Regional Official Plan (ROP) was adopted by Regional Council in 2009, approved by the
Province with modifications in 2010 and approved by the Ontario Municipal Board in June 2015.
rural communities one of the elements of which is a range and mix of housing options for all
income groups.
form, tenure, density and affordability to satisfy the various physical, social, economic and
g habitation in the accessory
structureswill increase the range of temporary shelteroptions for those who are homeless and
for various reasons are not able to use a local shelter.
Policy 3.A.10 speaks of the requirement for municipalities to permit special needs housing
within the community as defined by policies in Area Municipal official plans. Allowing habitation
in the accessory structures meets this policy as they serve a population that has support needs
beyond economic needs.
Planning Analysis
Planning staff is of the opinion that the renewal of thetemporary use tocontinue to allow
habitation of two accessory structuresfor a maximum of three moreyearsis a sound approach
for addressing the needs of the homeless on the subject property. The accessory structures will
continue to be monitored 24 hours by the existing residential care facility staff. It is Planning
that renewing the Temporary Use By-law will continue to provide, safe temporary
accommodation to Kitchener residents who are not able to sleep in traditional temporary
shelters. Staff also notes that there have beenno concerns identified over the past three years
where habitation of these accessory structures has been permitted.
ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN:
through the delivery of core service.
AGENCY COMMENTS:
The Region of Waterloo was circulated to provide comments onrenewal of the Temporary Use
By-law.The Region of Waterloocomments areprovided in Ap
COMMUNITY ENGAGEMENT:
INFORM and CONSULT The Application was exempted from circulation to property owners
within 120 metres of the subject lands as the application met the Planning Process Council
Policy which does not requirecirculation in circumstances where, in the opinion of the Director
3 - 3
of Planning, in consultation with the Ward Councillor, the circulation is seen to have little
purpose or benefit.
FINANCIAL IMPLICATIONS:
No new or additional capital budget requests are expected with this recommendation.
CONCLUSION:
Planning staff is of the opinion that the proposed zone change demonstrates good planning
principlesandcontinues to offera unique type of housing.Stafftherefore recommends approval
of the zone change as outlined in the Recommendationsection of this report.
REVIEWED BY:Della Ross, Manager, Development Review
ACKNOWLEDGED BY: Justin Readman, General Manager, Development Services Department
Attachments
Appendix A -Proposed Zoning By-law
Appendix B -Map No.1
Appendix C -Newspaper Notice
Appendix D -Region of WaterlooComments
3 - 4
CSD-19-190
Appendix A
PROPOSED BY LAW
August 28, 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
K-W Working Centrefor the Unemployed
87 Victoria Street North)
WHEREAS it is deemed expedient to amend By-law 85-1for the lands specified
above;
NOW THEREFORE the Council of the Corporation of the City of Kitchener enacts
as follows:
1.Schedule Number84-law Number 85-1 is hereby amended by
changing the zoning applicable to the parcel of land specified and illustrated as the
Subject Area on Map No. 1, in the City of Kitchener, attached hereto, from Warehouse
District Zone (D-6) with Special Regulation Provision 105R and Special Use
Provisions 116U and 403U and Holding Provision 10H to Warehouse District Zone (D-
6)with Special Regulation Provision 105R and Special Use Provisions 116U and
403U and Holding Provision 10H and Temporary Use Provision 14T.
2.-law 85-1 is hereby further amended by
incorporating additional zone boundaries as shown on Map No. 1 attached hereto.
3.EBy-law 85-1 is hereby amended by adding Section 14as follows:
14.Notwithstanding Section17of this By-law, within the lands zoned Warehouse
District Zone (D-6)on Schedule 84habitation of two existing
accessory structureswithout plumbing services,ancillary to theresidential
3 - 5
care facilityshallalso be permitted,fora time period of 3 years effective from
December 12, 2019.
PASSED at the Council Chambers in the City of Kitchener this______day of
___________,2019.
______________________________
Mayor
_____________________________
Clerk
3 - 6
R
E
G
P 3
L T
A
R
51 2
4
8N0 A
7
R
4 9
-
P4
- R
4
N T80
44 51
R
4A
AT
2
20L P
3 R
A
3PO
P
1
8
G 5
N
8
E
9
-
RS
T R
8
5
AO
R
SU
OI
T
9
O
34
UH
8
T S
T
9
O
-
R
HT
1
0
AR F 9
R
63
81
P0-
O
R
8 E
5-W 8
25
F R
T E
8
E
R5
AT
A
B
P
H
A
E
3
R6 T
N
R
A R
P
E
D
1
6
6 0 S
N
5
1 Y
-T
S
R
8 O
R
5
1
T
S R
A
P UE
T
NE
R 2
T
R T
G
A 1
P
E 0
B
T6
E
S
0
E
T R
T
T 3
AR 8
P
T
A-
R
P W
R
E
8
EE
5
1
T
1R
6 TE
0A
5P
1
-
R
8 N
5
0
1
7
5 6
7 1
6-
3
R
4
7 8
9 5
0
-
6
-R
1
8
R
0
5
8
4
5
4 7N
9
A
1
L
T
T
P R
R
A
7 P
G
A
E
P
R
1
5
3T 6
3S
9
4
T
G 8
1E
-6
EN 1
R 1 2-
RU
T
8
R T 9
O R
5
A S
P T Y 8
8
E
GF 11
1 5
E
N-
S0O 8
R
U 1
4
T T 9R
O0
O
S
YNS4 78
RAE
F 15
1U PART 8 LN
E-
OW
9A
B P
L
T R
TE
6
S GP
4 8
W T
EE
H RT
G 5
FR
W AR
E
O PA
7
&P R
OH
&
T
6
U
1 PART 5
F
8
O
7
S
A
H
582
6
8R
3
T
E
R
N
EE2
8
A
9
RL
-2
T
N
21P
S
T 1
-
7EG
SGR
EE
N8
6R5R
U
R 2
T
SO
E6 T
S
R Y
G 6Y
T A R
P F8E
PE4
OL
7
LRB 7L
T6-
AE1A
S0R
2N
EW
2 E48
3
4F5
W
7E N
O
4 8&A
1
H
T L
T R
A T
P P
U
6
5G
O
S
E
2
R
2
3 1
1
8
T
R
T
A
O P
5
L
T
5
E
8
E
R
R
T
2
-S
1
8
T
G
1
R
71
7 A N
0 P
5 U
94 1
R4O
9 T
E1N R Y
&
A
1GA
P F
L3
6
4
6P 1 O
P
T
L9 R
A T
T P
AG
SS
NE
E
R4
3E
W
7G&
3
6 PART 9
E3
1
L
1 T
0L R
2
4 A
O P T
7
C
9 NE
3
1 AE
2 F
1T LR
-O
R P T
R
A
8 T
P S
5 G
S
EE2
4A1
E7
REG
G3
4 E
N
5L
N
9AL
A
3R
O
1L
G
-1
PC
3
R T F
R 1F
8G
A O
5
P EO1
RS
RT
ER
S
G9E
8HA
P
3TE
L
O
A
N9
N D
A&
N
3
L8A
7
P
6F
O
G
2
S
E
1T
RR
A
1
P
T
6
R 1
4
4A 0
3P
4
1
-C
R N
4
8
A
5 6
L
1
P
G
1 E
T
R
R
9 A
P
8
2
6
31
3
3
6
N T 1
2 R
TA
A RP
A
P
L
P
51
3
2
T 6
4
RT 1
G A
R
P
A
P
E
7
2
R
8 5
7
8
1
-
R
R
4
4
8
T-7
6
R 5
A 5 38
P
4
2
5N
7
3-
A
8
R
L
8
6
P5
1
T
R
G
A
P
E
R
5
8
R
-
3
7
6
9
8
9
2
T
R
1
A
2 P
9
2
-7R
3
R
E
8
G
1
5
1 T
P
7
T R
2
R A
L
A
P
P
A
5
1N
8
2
4
-
3
R
8
7
5
4
4
1
1
4
N
A
3
L
1
P
G
M
E
R
U
N
3
2
9
P
1
L
8A
3
N
6
O
1
F
5
1
L
81
OR
T-
6
37
5
8G
3
2
C0
1
7
T
1
1
T
R
A
P
R
E
G
2
P
6
L
T
2
A
R
8
N
7 A
3 P
1
7
-
6
R
8
5
R
E
G
P
L
A
N
3
7
6
1
T
1
R
T
R A
A
P P
9
2
9
1
8
2
1
R
1
-
2 E
R
T
8G
R
51
A
P0
P
8 L
0
A
N
3
2
7
2
T
5
TR
RA
P
A
P
1
P
A
R
7
T
1 1
7
1
9
2
4
5
8 8
R
T 5
1-
1
5R
9 1 6
3
4-
A
P
8
R
1
8-
5 AP
R
T R
1
8
5
1
2
R
E AP
TR
1
G
5
P
RA
P 2 T 7
2
L
11
A P
TRATT
3 T
N RR
AA
R1
PP
5 P
A 3 RA
T4 T
8
P 7
R
R 4 3
AP
TR
-A25
2
1
P
2
TAP T
1 TR
6
R
7 R
A
P
ARAAP P
1 TTR 1
757
P
3
AP
TRAP
4 1PTR
8RA8 1
1 1T
94
TAPT
TR
9
5
RR
1
A 8
A
4
P
P
P
RA
1T
05
5 P
RA
T
8 89 5
P
R RA
1T
74APP 9
RRA
-9 T T
8 979
P
RA
3 1TP
64RAAP
74 1 TR
009 T
6
50 P9
RA
1 TP
54RAAP
1 1TTR
109 T
25
5 AP
R TR 8
241 R
4APAPAP 2
E TRTRTR
0 19 1 A 4
240-
G TP
RAP R
1 TP
34RAAPAP 8
R 1TTRTR 5
P 30 91
31
P
L ARA
1TPP
24RARA
A P1 T T
4021
7N
4 1P
APPRA
3 TRRA T
26 3 T31
1 5103
7 1
T
64 RP
TAPPRA
PRARA T 8
T T41
2392 2
R R 4
4
P-
E 0PPRA
ARARA T R
AP T T51
G 2R 8 3382 8
P9 T 5
2
PPAP
P TPRARATR
RAAP 8 T T1
1TTR43726
L P509
RRA1
1 TP
A 74 5 PPRA
PRARA T
ARAP T T71
N P1 TRA5362
RA60 T
P 1T09
64 1 P
3 APPRA
RRA T
APP- 3T T81
7 TRRA652
9P01 T
6 RA798
1 TP
154APPRA
TRRA T
0 APP R 3 T91
TRRA742
AP0 1 T
TTR888
4 1P
4RAP
2 R 8 TRA
APP83 T
APTRRA32
5 TRP01 T
A41 RA978
84 11 T 5
P34APP
PRRA
R RAP 3T T
P1 TRA922
RAAP01 T
-5 1 TTR68
044 1P
2 2RAAP
P TTR
2 RAP04 2
1 TRA1
AP111 T
1 TR58 8
3 1P
-9RAP 2
7 TRA
2 APAP14 T 4
TRTR02-
P1 1 8
2 RA24 R
1TP
0R 83RAP 8
P TRA 5
RAAP36 T
1TTR05
AP318
8 TR3
31 1
7AP
PTRAP
RAAP 6TR5
1 TTR2 4
5 P418 9
RA26 T
1TP 4
63RAPTT
P TRAR
RAAP16 TA
1 TTR84P R
51 8R
AP16
R TRAP
2 31 APTR
5PTR4 PPA A
RAAP 67RARA
E1 1TTR0 T TT
618 4454P P
9 AP0
G TR
31 PR
4PPRA
RARA T
1 T T95A
P 7197
APP
TRRAP
L 31 P T
3APRA34AP
A TRAP TTR
1 1TR854
87 2
N P8AP
RATR
1TP5
23PRA6P
RA TRA
3 T75 T
7755
7 AP
TR
31
6 1
AP
TR
7
6APAP
APTRTR
TR 55
31 P42
0RAAPAP
TTRTR
57 5 5
31
AP
TRAP
2 1TRAP
97 TR
47
3P4
PRA
RA1 T
1 T55
82
PT
RA
T
27AP
TRAPR
7 TR
15 1
P4
RAA
1 T
07
4 7P
P
RA
8 T
96P
RAT
TAP
86TR
P6
RA7R
P T
RA66
1 T
25A
P
RA
TP
56P
RA
T8
46
P
RAT
1 1 T
35
4 R
7 7 R
A
P
1RA
1TP
72 E
T
AP
TR
21 G
R6
AAP
TR
5 1
P1 P
L
7 3
A
3
6
T
1 N
R
4 6
7 1A
1 3
P
T
7
R
5
A
P
7
2
5
1
T
5
R
4 A
5
P
8
1
R
-
03
0
1
7
R
8
E
1
G
T
2 P
R1
1
4 TL
A
R
AA
P
P
4
4
5N
0R
2
4-
RE
83
1
25
7G
2
9
1 T5
3
6 P
R
L
5 PA
A
8 RPA
R T
4
N
-
7
5
0
9
6
1
83
1
0
-
2 7
5 R
T 8
TR
R R 55
APA
P
3E
G
4
P
1R
L
1
EA0
47
8GN
2
8
7
6P3
1
L 2 7-
A4
R
N 6 8
5
3 6
7
2
6 8
1
1
4
T
1
-
5
R1
R
AT
8
PR
5
A
7
4
P
T
6
R
7 2
A
6
P
0
9
6
11
21
1
8
4
6T
4T 8
4T
14
R 9
-1R
4R 8
-
6 TA 3
A7A
6 P 1
RR
P-
1P
R
8-R
8
5 8
AR
5 5
8
P
5
3 - 7
DSD-19-190
Appendix C
PROPERTY OWNERS AND INTERESTED PARTIES ARE INVITED
TO ATTEND A PUBLIC MEETING TO DISCUSS
A PROPOSED AMDNEMDNT TO THE KITCHENER ZONING BY-LAW
UNDER SECTION 34OF THE PLANNING ACT
87 Victoria Street North
The City of Kitchener has received an application for the renewal of atemporary use by-law for a maximum of
three years to permit habitation of two structures, which are accessory to the existing residential care facility
located on the subject property.
The public meeting will be held by the Planning & Strategic Initiatives Committee, a Committee of Council
which deals with planning matters on:
MONDAY, September 30, 2019at 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 this 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 report
contained in the meeting agenda (posted 10 days before the meeting at www.kitchener.ca-click on the date in the
th
Calendar of Events and select the appropriate committee), or in person at the Planning Division, 6Floor, City
Hall, 200 King Street West, Kitchener between 8:30 a.m. -5:00 p.m. (Monday to Friday).
Craig Dumart, Planner -519-741-2200 x 7073(TTY: 1-866-969-9994);craig.dumart@kitchener.ca
3 - 8
3 - 9
3 - 10