HomeMy WebLinkAboutPSI Agenda - 2020-08-10Planning & Strategic Initiatives Committee
Agenda
Monday, August 10, 2020
Office of the City Clerk
7:00 p.m.
Kitchener City Hall
nd
200 King St.W. - 2Floor
Electronic Meeting
Kitchener ON N2G 4G7
Page 1
Chair -Councillor S. MarshVice-Chair -Councillor P. Singh
Due to COVID-19 and recommendations by Waterloo Region Public Health to exercise physical
distancing, City Hall is closed to the public. Members of public are invited to participate inthis
meetingelectronically by accessing the meeting live-stream video at kitchener.ca/watchnow.
While in-person delegation requests are not feasible at this time, members of the public are invited to
submit written comments orparticipate electronically in the meeting by contacting SarahGoldrup,
Committee Administratorat sarah.goldrup@kitchener.ca. Delegates must register by 5:00 p.m. on
August 10, 2020, inorder to participate electronically. Written comments willbe circulated prior to the
meeting andwill form part of the public record.
Consent Items
The 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.
DSD-20-065-Zoning By-law AmendmentZBA/20/002/E/KA
-83 Elmsdale Drive
-Aria TownsInc.
-
Delegations
Pursuant to Council’s Procedural By-law, delegations are permitted to address the Committee for a maximum
of five (5) minutes.
None at this time.
Public Hearing Matters under the Planning Act(7:00 p.m. advertisedstart time)
This is a formal public meeting to consider applications under the Planning Act. If a person or public body that
would otherwise have an abilityto appeal a decisionof the City ofKitchener 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 entitledto
appeal the decision.
Discussion Items
2.DSD-20-069 - Zoning By-law Amendment Application ZBA20/001/D/GS(20min)
-206 & 210 Duke Street East
-Owner: The Trustees of the Pilgrim Evangelical Lutheran Church &
Trustees for thePilgrim Evangelical Lutheran Church
-Applicant:MHBC Planning for Vive Development
(Staff willprovidea5-minutepresentation on this matter)
** Accessible formats and communication supports are availableupon request. If you require assistance to
take part in a citymeeting or event, pleasecall 519-741-2345 or TTY 1-866-969-9994 **
Planning &Strategic Initiatives
Committee AgendaPage 2August 10, 2020
Discussion Items–Cont’d
3.DSD-20-079-Draft Plan of Condominium (Vacant Land) 30CDM-19205(15min)
-625 Blair Creek Drive
-Hallman Construction Inc.
(Staff will provide a 5-minute presentation on this matter)
Information Items
None
Sarah Goldrup
Committee Administrator
** Accessible formats and communicationsupports are availableupon request. Ifyou requireassistance to
take part in a city meeting or event, please call 519-741-2345 or TTY 1-866-969-9994 **
REPORT TO: Committee
August 10, 2020
DATE OF MEETING:
Della Ross,DirectorofPlanning (Interim), 519-741-2200 x7327
SUBMITTED BY:
Katie Anderl, SeniorPlanner, 519-741-2200 x7987
PREPARED BY:
Ward 6
WARD INVOLVED:
June 29,2020
DATE OF REPORT:
DSD-20-065
REPORT NO.:
Zoning By-law Amendment ZBA/20/002/E/KA
SUBJECT:
83 Elmsdale Drive
Aria Towns Inc.
RECOMMENDATION: That Zoning By-law AmendmentApplicationZBA20/002/E/KA (83
Elmsdale Drive)for Aria TownsInc.,for the purpose of removing Holding Provision 71H
from a portion of the lands specified in the attached Map No.1, in the form shown in the
th
-June30, 2020, attached to the Report DSD-20-065as
Appendix A, be approved;and further,
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
ZBA20/002/E/KA.
REPORT:
In 2014 the applicant received approval of Official Plan and Zoning By-law Amendments, to permit the
former Utilities Operations Centre to be redeveloped with a mixed use development including
residentialandcommercial uses. Holding Provision 71H (attached in Appendix D) was added to the
lands at that time to ensure that sensitive uses would not be permitted until:
a)a Stationaryand Traffic Noise Assessmenthadbeen prepared based on a proposed site plan to
the satisfaction of the Region of Waterloo; and
b)the City of Kitchener and Region of Waterloo are in receiptof a Record of Site Condition,
acknowledged by the Ministry of the Environment, confirming thatthe subject property is
suitable for residential and other sensitive land uses.
The lands have beensevered into individualdevelopment parcelsin accordance with Committee of
Adjustment approvals. Holding Provision 71H applies to allparcelsand the applicant has submitted the
subject application to lift Holding Provision 71H from the portion of the lands closest to the intersection
of Elmsdale Driveand Ottawa Street South, shown as Area 1 on Map No. 1.Site Plan
Approval in Principle has been granted for a stacked townhouse development consisting of 116
dwelling unitson this portion of the subject lands.Finalapproval is conditional upon Holding Provision
71H being lifted.
*** 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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The City is in receipt of correspondence dated June25, 20201indicating that
the Region of Waterloo is satisfied that the applicant has met the requirements of 71H a) and b) for the
portion of lands mentioned above and have no objection to the City of Kitchener partially lifting the
holding provision as it applies to this portion of the property.
City staff confirms that a Record of Site Condition has been filed with the Ministry of the Environment,
Conservation and Parks (RSC Number 226966), and a letter of acknowledgement advising of the same
has been issued by the Ministry dated June 18, 2020.
Based on the foregoing,Planning staff recommends removing Holding Provision 71Hfrom the portion
of the lands shownon Map No.1 contained within Appendix A
ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN:
delivery of core service.
FINANCIAL IMPLICATIONS:
There are no financial implications to the City.
COMMUNITY ENGAGEMENT:
Notice of the intention to pass a by-law to remove the holding provision will be placed in The Record on
July17th, 2020 (attached inty
Engagement Strategy. Under the Planning Actno statutory public meeting is required for zoning by-law
amendments to remove holding provisions, and no neighbourhood circulation is required. Furthermore,
with the agenda in advance of the Council / Committee
meeting.
PREVIOUS CONSIDERATION OF THIS MATTER:
The City approvedZoning By-law 2014-092, which applied Holding Provision 71H,together with the
Commercial zoning,in 2014.
CONCLUSION:
Planning staff is of the opinion that the requested zoning by-law amendmentto remove Holding
Provision 71H from the portion of the lands specified in the attached Map No.1 of Appendix A is
appropriate at this time since the requirements to release the holding provision have been met.
Planning staff recommends approval of the application as outlined in the Recommendation section of
this report.
REVIEWED BY:Janine Oosterveld Manager of Site Development & Customer Service
ACKNOWLEDGED BY: Justin ReadmanGeneral Manager,Development Services
Appendices:
Appendix A Proposed Zoning By-law and Map No. 1
Appendix B Newspaper Notice
Appendix C Regional and MECPApproval Letters
Appendix D Holding Provision 71H
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AProposed Zoning By-law
PROPOSED BY LAW
___________2020
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 ARIA TOWNS
INC.83 Elmsdale Drive)
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 Numbers89and90-law Number 85-1 are hereby amended
by changing the zoning applicable to the parcel of land specified and illustrated on Map No.
1, in the City of Kitchener, attached hereto, fromNeighbourhood Shopping Centre Zone (C-
2) with Special Regulation Provision 649R and Special Use Provision 436U and Holding
Provision 71H toNeighbourhood Shopping Centre Zone (C-2) with Special Regulation
Provision 649R and Special Use Provision 436U.
PASSED at the Council Chambers in the City of Kitchener this_______________
day of_______________,2020.
_____________________________
Mayor
_____________________________
Clerk
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611 ELUDEHCS511 ELUDEHCS
98 ELUDEHCS09 ELUDEHCS
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DSD-20-065
Appendix B
NOTICE OF INTENT TO REMOVE A HOLDING PROVISION
PROPOSED AMENDMENT TO THE CITY OF KITCHENER ZONING BY-LAW
UNDER SECTION 36 OF THE PLANNING ACT
83 Elmsdale Drive
The purpose oftheproposed Zoning By-law Amendment is to partially remove Holding Provision 71H from the
above noted landsas the requirements for removal have been fulfilled.
In keeping with physical distancing measures recommended by Public Health due to COVID-19, anelectronic
meeting will be held by the Community & Infrastructure ServicesCommittee, a Committee of Council on:
Monday,August 10, 2020
(live-stream video available at kitchener.ca/watchnow)
ADDITIONAL INFORMATIONis available by contacting the staff person noted belowor byviewing the report
contained in the meeting agenda (posted 10 days before the meeting at www.kitchener.ca-click on the date in the
Calendar of Events and select the appropriate committee).
Katie Anderl,SeniorPlanner -519-741-2200 x 7987(TTY: 1-866-969-9994);katie.anderl@kitchener.ca
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Files:C16-40/13015
B2018-017
June 25, 2020
Della Ross, MCIP, RPP
Manager of Development Review
City of Kitchener
City Hall, P.O. Box 1118
200 King Street West
Kitchener, ON N2G 4G7
Dear Ms. Ross:
Re:Revised Clearance for Partial Removal of Holding Provision
By-law No. 2014-092 (ZC Application ZC13/15/E/KA)
Consent Application B2018-017
Parts 1, 2 and 3 on Reference Plan 58R-18985
Novacore Inc.
83 Elmsdale Drive
City of Kitchener
for partial removal of holding provision 71H as it applies to Part 1, Plan 58R-18985.
In accordance with By-law No. 17-035 of the Regional Municipality of Waterloo, please
accept the following recommendation regarding the above-noted application on behalf
of the Council of the Regional Municipality of Waterloo, as it applies to Parts 1, 2 and
Part 3 on Reference Plan 58R-8985.
In 2014, the applicant submitted a zone change application to rezone the entirety of the
lands from Industrial to Commercial with special use provisions and a holding provision
(C-2, 649R, 436U, 71H). City Council approved By-law 2014-092 on June 30, 2014.
In 2018, the lands subject to By-law 2014-092 were subject to consent applications
B2018-017, B2018-018 and B2018-019. The effect of these consent applications was to
create three separate parcels for development. By-law 2014-092 applies to each of the
new parcels created through these consents.
I understand the applicant has now submittedan application to the City to partially lift
holding provision 71H as it applies to Parcel B (Parts 1, 2 & 3, Plan 58R-18985) created
3162861Version: 1
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through the above noted consent applications.Parcel B is situated at the northeast
corner of Ottawa St. S. and Elmsdale Dr. as shown on proposed severance sketch
prepared by ACI Survey Consultants, File 19-42-221-00 dated August 8, 2019.
Holding provision 71H consists of two sections:
71H a) prohibits any residential uses, religious institution, day care facility or educational
establishment until such time that the City of Kitchener is in receipt of a clearance from
ave been satisfied
with respect to the submission of a detailed stationary and traffic noise assessment,
based on the proposed site plan, to address compatibility.
71H b) prohibits all uses until such time that the City of Kitchener and Region of
Waterloo are in receipt of a Record of Site Condition acknowledged by the Ministry of
the Environment, Conservation and Parks.
Through the consent application process, the applicant submitted a detailed noise study
to the Region for the parcel of land subject to application B2018-017, legally described
as Parts1, 2 and 3 on Reference Plan 58R-18985, and have entered into a registered
development agreement with the Region of Waterloo (WR1173652) to provide for
The applicant has filed a Record of Site Condition with the Ministry of the Environment,
Conservation and Parks (RSC Number 226966) as it applies to Parcel B, and a letter of
acknowledgement advising of the same has been issued by the Ministry dated June 18,
2020. The Region received a copy of the acknowledgement June 19, 2020.
The Region is satisfied that the applicant has met the requirements of 71H a) and b) for
the lands legally described as Parts1, 2 and 3 on Reference Plan 58R-18985and have
no objection to the City of Kitchener partially lifting the holding provision as it applies to
this portion of the property subject to By-law 2014-092.
The applicant is advised that 71H a) and b), for noise studies and Records of Site
Condition still apply to the balance of the lands at 83 Elmsdale Drive (Part 4 and Part 11
on Reference Plan 58R-18985).
Should you have any questions, please do not hesitate to contact Shilling Yip, Principal
Planner, at (519) 575-4496.
Yours truly,
Amanda Kutler, MCIP, RPP
Manager, Development Planning
cc. Sarah Code, GSP Group
Katie Anderl, City of Kitchener
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Matthew Colley, Region of Waterloo
Jason Wigglesworth, Region of Waterloo
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Appendix D Holding Provision 71H
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REPORT TO:Planning and Strategic Initiatives Committee
DATE OF MEETING:August 10, 2020
SUBMITTED BY:Della Ross, Interim Director of Planner
PREPARED BY:Garett Stevenson, Senior Planner, 519-741-2200 x 7070
WARD INVOLVED:Ward 10
DATE OF REPORT:July 8, 2020
REPORT NO.:DSD-20-069
SUBJECT:Zoning By-law AmendmentApplication ZBA20/001/D/GS
206 & 210 Duke Street East
Owner: The Trustees of the Pilgrim Evangelical Lutheran Church &
Trustees for the Pilgrim Evangelical Lutheran Church
Applicant: MHBC Planning, for Vive Development
Location Map: Subject Properties-206 & 210 Duke Street East
RECOMMENDATION:
A.That Zoning By-law Amendment Application ZBA20/001/D/GS for The Trustees of the
Pilgrim Evangelical Lutheran Church & Trustees for the Pilgrim Evangelical Lutheran
Church requesting a change fromNeighbourhood Institutional Zone (I-1)and
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
2 - 1
Residential Seven (R-7) to Residential Seven (R-7) with Special Regulation 755R and
Special Use Provision 480Uon the parcelsof land specified and illustrated on Map No.
-July 8, 2020, attached
to Report DSD 20-069A
B.That in accordance with Planning Act Section 45 (1.3 & 1.4) applications for minor
variance shall be permitted for lands subject to Zoning By-law Amendment Application
ZBA20/001/D/GS.
EXECUTIVE SUMMARY:
Planning staff isrecommending approval ofaZoning By-law Amendment to permit additional uses and
regulations for the subject lands. The subject lands are made up of two properties, being 206 & 210
Duke Street East.The recommended zoning is site specific within Zoning By-law 85-1 that is similar to
the RES-6zone adopted by Council as part of Stage 2a of CRoZBy. The recommended zoning would
allow the same permissions as RES-6, in advance of the final approval of the King Street East
Neighbourhood Secondary Plan updates, within the current zoning by-law. The recommended zoning
conforms to the existing and proposed land use designations in the King Street Secondary Plan.
REPORT:
The subject lands are made up of two properties, being206 & 210 Duke Street East. The property at
206 Duke Street East is currently developed with a religious institution, being the Pilgrim Lutheran
Church.The property at 210 Duke Street East is currently developed with a two storey single detached
dwelling.Together, the two properties are approximately 0.18 ha (0.45 acres) in size, with primary
access to Duke Street East and secondary access to Madison Avenue North.
The properties are designated as Medium Density Multiple Residential in the King Street East
Secondary Plan.
The application proposes to change the zoning of 206 Duke Street East (shown as Area 1 on the
attached Map No. 1) from Neighbourhood Institutional Zone (I-1) to Residential Seven (R-7) with
Special Regulation Provision 755Rand Special Use Regulation480U.
The application also proposes to change the zoning of 210 Duke Street East (shown as Area 2 on the
attached Map No. 1) from Residential Seven (R-7) to Residential Seven (R-7)with Special Regulation
Provision 755R and Special Use Regulation 480U.
Provincial, Regional, and Cityplanning policy provide guidance that must be considered when
evaluating changes in land use permissions as discussed below.
Planning Analysis:
Provincial Policy Statement,2020
The Provincial Policy Statement(PPS)provides policy direction on matters of provincial interest
related to land use planning and development.The PPS recognizes that the wise management of land
use change may involve directing, promoting or sustaining development.Land use must be carefully
managed to accommodate appropriate development to meet the full range of current and future needs,
while achievingefficient development patterns and avoiding significant or sensitive resources and
areas which may pose a risk to public health and safety. The PPS encourages Planning authorities to
permit and facilitate a range of housing options, including new development as well as residential
intensification, to respond to current and future needs.
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The PPS is supportive of promoting efficient development and land use patterns which sustain the
financial well-being of the Province and municipalities over the long termby accommodating an
appropriate affordable and market-based range and mix of residential types. The PPS promotes the
integration of land use planning, growth management, transit-supportive development, intensification
and infrastructure planning to achieve cost-effective development patterns, optimization of transit
investments, and standards to minimize land consumption and servicing costs, and development and
land use patterns that conserve biodiversity and prepare for the impacts of a changing climate.
When considering development applications, the PPS requires that Planning authorities shall provide
for an appropriate range and mix of housing options and densities to meet projected market-based
and affordable housing needs of current and future residents of the regional market area. This is
accomplishedby permitting and facilitating all housing options required to meet the social, health,
economic and well-being requirements of current and future residents.
Planning staff is of the opinion that the proposed application willimplement zoning that will permit the
intensification of the subject property with a medium rise residential use that is compatible with the
surrounding community and will make use of the existing infrastructure. No new public roads would
be required for the proposed development and Engineering staff have confirmed there is capacity in
the sanitary sewer to permit intensification on the subject lands. Planning staff is of the opinion that
the requested applicationis consistent withthe policies and intent of the PPS.
A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2019 (Growth Plan)
Part of the Vision of the Greater Golden Horseshoe (GGH) is to have sufficienthousing supply that
reflects market demand and what is needed in local communities. Two of the Guiding Principles of the
Growth Plan are to prioritizeintensification and higherdensities in strategic growth areas to make
efficient use of land and infrastructure and support transit viability and to support a range and mix of
housing options, including second units and affordable housing, to serve all sizes, incomes, and ages
of households.To support the achievement of complete communities, municipalities will consider the
use of available tools to require that multi-unit residential developments incorporate a mix of unit sizes
to accommodate a diverse rangeof household sizes andincomes.The Growth Plan will require a
minimum of 50 per cent of all residential development occurring annually within the Region of Waterloo
to be within the delineated Built-Up Area. Municipalities must support housing choice through the
achievement of the minimum intensification and density targets by identifying a diverse range and mix
of housing options and densities, including second units and affordable housing to meet projected
needs of current and future residents.
Planning staff is of the opinion that the application conformsto the Growth Plan. Thedevelopment of
the subject lands with a more intense residential use wit-Up Area,
represent intensification and will help the City to meet density targets. Major Transit Station Areas are
planned to accommodate additional housingopportunities thatwill 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.
Regional Official Plan (ROP)
Urban Area policies in the ROP identify that the focus of the R
Urban Area. This area contains the physical infrastructure and community infrastructure to support
major growth, including transportation networks, municipal drinking-water supply systems and
municipal wastewater systems, and a broad range of social and public health services. It is also well-
served by the existing Regional transit system. For these reasons, lands within the Urban Area have
the greatest capacity to accommodate growth and serve as the primary focus for employment,
housing, cultural and recreational opportunities in the region.
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Planning staff is of the opinion that theapplication conformsto the Regional Official Plan.Regional
Planning staff have no objections to the proposed application and provided comments (AB
that will be taken under advisement for future development applications.
City of Kitchener Official Plan
The properties are designated as Medium Density Multiple Residential in the King Street East
Secondary Plan. The permitted uses include existing single and semi-detached dwellings, duplex
dwellings, multiple dwellings, small and large residential care facilities, lodging houses, home
businesses and private home day care. Day care facilities are also permitted provided they are located
on the same lot as a large multiple dwelling. Opportunities for residential development are provided to
a maximum density of 200 units per hectare. The Maximum Floor Space Ratiois2.0, that is, the above
grade building floor area shall not exceed 2.0 times the lot area. Multiple dwellings may be permitted
to exceed 200 units per hectare on an individual site provided the Floor Space Ratio of 2.0 is not
exceeded.
Policy 16.D.1.4. states that Part A, B, C, E and F of the Citys Official Plan, where applicable, will apply
to the lands affected by a Secondary Plans, in addition to the Secondary Plan policies.
Vision
The vision of the new Official Plan states
comA complete community
creates and provides access to a mix of land uses including a full range and mix of housing types. A
complete community also supports the use of public transit and active transportation, enabling
residents to meet most of their daily needs within a short distance of their homes. Planning for a
complete community will aid in reducing the cost of infrastructure and servicing, encouragethe use of
public transit and active modes of transportation, promote social interaction, and foster a sense of
community.
Urban Structure
The lands are identified as a Major Transit Station Area(MTSA)in the Official Plan. MTSAs are
designated in the Regional Official Plan, are identified on Map 2 of the Official Plan,and are a
conceptual representation of the area of a ten-minutewalking radius centered around the location of
Rapid Transit Station Stops.
The Official Plan provides direction for detailed station area planning exercises, which have been
completed for Central, Midtown and Rockway stations areas. The City is reviewing and amending
several Secondary Plans(which are part of the Official Plan)to implement thecompletedStation Area
Plans, including the King Street East Secondary Plan.
Neighbourhood Planning Review Project Proposed Land Use Designation and Zoning
As part of the Neighbourhood Planning Review Project, the City of Kitchener is undertaking a
detailed review of the existing planning permissions (Official Plan policies and Zoning
regulations/rules) that apply to many Kitchener neighbourhoods. As part of this project,
Planning staff have prepared new Official PlanandZoning By-lawchanges for the King Street
Secondary Plan area, which includes 206 & 210 Duke Street East. The proposed land use for
the subject properties is Medium Rise Residential and the proposed zoning is RES-6.
Proposed Medium Rise Residential Land Use Designation -The Medium Rise Residential land
use designation is applied to lands that are planned to accommodate a range of medium
density housing types including townhouse dwellings in a cluster development, multiple
dwellings and special needs housing. A minimum Floor Space Ratio of 0.6 and maximum Floor
Space Ratio of 2.0 will apply to all development and redevelopment. No building will exceed 8
storeys or 25 metres in height, whichever is the lesser, at the highest grade elevation.The
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predominant land use within the Medium Rise Residential land use designation will be multiple
residential but it is intended that complementary non-residential land uses may be permitted
to locate within this land use designationsubject to any locational criteria and the appropriate
zoning being in place.
Proposed Medium Rise Residential Six Zone (RES-6)-The purpose of this zone is to
accommodate medium density dwelling types and some complementary non-residential uses
in medium rise residential areas.
Housing
The Official Plan supports an appropriate range, variety and mix of housing types and styles, densities,
tenure and affordability to satisfy the varying housing needs of our community through all stages of
life. The City favours a land use pattern which mixes and disperses a full range of housing types and
styles both across the city as a whole and within neighbourhoods.
Urban Design
The City is committed to achieving a high standard of urban design, architecture andplace-making to
positively contribute to quality of life, environmental viability and economic vitality. Urban designis a
vital component of city planning and goes beyond the visual and aesthetic character of individual
buildings andalso considers the functionality and compatibility of development as a means of
strengthening complete communities.
Urban Design policies in the new Official Plan support creating visually distinctive and identifiable
places, structures and spaces thatcontribute to a strong sense of place and community pride, a distinct
character and community focal points that promote and recognize excellence and innovation in
architecture, urban design, sustainable building design and landscape design. The City will require
high quality urban design in the review of all development applications through the implementation of
.
Transit-Oriented Development
To assist in reviewing site specific development applications, in advance of station area planning
exercises being fully implemented, the Official Plan contains Transit-Oriented Development provisions
to consider when reviewing development applications for sites that are served by existing or planned
rapid transit.
The proposed Zoning By-law Amendment application supports a more compact urban form.The site
specific zoning mirrorstheCity proposed changes that were reviewedthrough the Neighbourhood
Planning Review project and will result in a built form that fosters walkability with pedestrian-friendly
environments that allow walking to be a safe, comfortable, barrier-free and convenient form of urban
travel.
At future Site Plan approval processes, the design of the buildings will have to feature a high quality
public realm to enhance the identity of the area and create gathering points for social interaction,
community events and other activities. Additionally, secured and visitor bicycle parking will be required.
Transportation Demand Management
sustainable transportation choices and discourage single occupant vehicle trips and to reduce traffic
congestion, parking supply needs, and demand for parking spaces byencouraging various modes of
travel. With direction from the Official Plan, the City has completed the Planning Around Rapid Transit
Station Areas (PARTS) TDM Strategy.
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Official Plan Analysis
Therecommended zoning, being Residential Seven (R-7) with Special Regulation Provision 755R and
Special Use Regulation 480U, is site specific zoning within Zoning By-law 85-1that is similar to the
RES-6zone adopted by Council as part of Stage 2a of CRoZBy.In short, the recommended zoning
would allow the same permissions as RES-6, in advance of the final approval of the King Street East
Neighbourhood Secondary Plan updates, within the current zoning by-law.
Although no redevelopment is proposed in the form of new buildings at this time, the existing and
recommended zoning does permit more intensive residential uses. When the existingbuildings are
reused, or if the site is redeveloped,a Site Plan approval process will be required. Lighting, landscape
design and materials, amenity areas, façades, and site layout and configuration will be carefully
considered through the review of the detailed design plans and drawings. The site planning process
will also include a development agreement which will ensure thelong-term maintenance and upkeep
of the site. Site Plan Controlwill be used in accordance with the Planning Act as a means of achieving
a well-designed, functional, accessible, and sustainable built form.
Planning staff are recommending toimplement Transportation Demand Management (TDM)
strategies in with the recommended zoning with a special regulation provision to reduce vehicle
parkingand to increase bicycle stalls,in accordance with Section 5 of ZoningBy-law 2019-051.
Kitchener Growth Management Strategy
The Kitchener Growth Management Strategy (KGMS) helps to ensure that growth is managed
effectively to achieve the required density and intensification targets, through a desired built form and
function which will enhance the quality of life in Kitchener.The Kitchener Growth Management Plan
(KGMP) is based on the principle that maximizing the use of existing infrastructure is preferred and
that planning for, and implementing, intensification is a high priority.
appropriate intensification that better utilizes the existing infrastructure while ensuring that any future
development be compatible and complementary to the existing neighbourhood, while bringing new
residents into a stable community.
Recommended Zoning By-law Amendment
As noted above, the recommended zoning issimilar to the RES-6zone adopted by Council as part of
Stage 2a of CRoZBy. In short, the recommended zoning would allow the same permissions as RES-
6, in advance of the final approval of the King Street East Neighbourhood Secondary Plan updates,
within the current zoning by-law.
A summary comparing the permitted uses, regulations, and off-street parking between the Existing
Zoning Residential Seven (R-7) Zoneand the Recommended Zoning Residential Seven (R-7)Zone
with Special Regulation Provision 755R and Special Use Regulation 480U(RES-6 Zone Proposed
through Neighbourhood Planning Review
Special Use Provision 480U, as recommended by Planning Staff, would permit additional uses
including Hospice, Small andL
Facility,Convenience Retail, Day Care Facility, Office, and a Studio. It also removes existing permitted
uses included Coach House Dwelling Unit, Duplex Dwelling, Street Townhouse, Private Home Day
Care, Semi-Detached Duplex Dwelling,Semi-Detached Dwelling, and Single Detached Dwelling. An
existing Religious Institution and Single Detached Dwelling would also be permitted in order to legalize
the existing uses until theycease to exist in their current form.Uses have been added and prohibited
to align with the RES-6 zone.
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Special Regulation Provision 755R proposes new specific regulations for any multiple dwelling or a
mixed use building that includes a residential use.
Special Regulation Provision 755R also provides off-street parking regulations for each use that aligns
with Section 5 of Zoning By-law2019-051 (CRoZBy). Based on the Planning Justification report
submitted by MHBC December 2019, Transportation Services supports the proposal of 1 parking
space per dwelling unit, plus 15%visitor parking and Class A Bicycle parking at 0.5 spaces per
dwelling unit. The proposed parking rates conform to the future parking rates established through
Zoning By-law 2019-051 (CRoZBy).
Reports, Studies and Technical Memos:
The following Reports and studies were considered as part of this proposed Zoning By-law
Amendmentapplication:
Planning Justification Report
Preliminary Site Plan
Functional Servicing Study
Water Distribution Report
Department and Agency Comments:
Acopy of all comments received from the commenting agencies and City departments are attached
B
summary, there are no outstanding concerns with the proposed Zoning By-law Amendment
application.
Community Input:
Planning staff did not receive written comments on the proposed application. One written response
was received from a multiple dwelling building manager enquiring who was mailed a copy of the
circulation. A digital copy of the letter was provided by Planning Staff for the building manager to
distribute to all residents by email.
Planning staff also reviewed the comments received through the King Street Secondary Plan Review,
as well as the delegation at the Statutory Public Meeting on December 9, 2019. No comments were
made or received regarding the subject lands,and properties within the same block, the RES-6 zone,
or the proposed Medium Rise Residential land use designation.
Planning staffhave also reviewed the submissions received after the December 9, 2019Statutory
Public Meeting. The only submission received specific to the subject lands was submitted by the
Applicantof this site-specific application.
While there are no specific comments regarding the recommended changesas part of the
Neighbourhood Planning Review project, Planning staff are aware of issues that are important to the
Community thatwere generally raised andare discussed below.
Affordable Housing
The City encourages and supports affordable housing to locate in close proximity to public transit,
commercial uses and other compatible non-residential land uses, parks and community facilities and
have convenient access to community, social and health services. The City supports the principle that
housing assistance be provided to members of the community who have difficulty accessing safe,
suitable and affordable housing. Planning staff will encourage that affordable housing units are
included as part of any redevelopment.
2 - 7
Inresponse to new and changing Provincial legislation, Planning Staff are also currently developing
new Inclusionary Zoning which will be implemented in future which could require or provide incentives
for AffordableHousing. That work is coupled with the Affordable Housing Strategy which is currently
ongoing.
Transition to Adjacent Properties
The relationship between existing lowrisestable development and areas planned for intensification is
important. As part of the new zoning by-law, Planning staff included a general regulation that requires
a 15.0 metre setback for any building, or portion thereof that is more than 12.0 metres in height, from
an adjacent lowriseresidential zone.
The subject lands, and all adjacent lands, are already zoned for intensification. There are no adjacent
landszoned with a lowriseresidential zone.The recommended by-law does have some additional
permissions such as increased Floor Space Ratio, but it should be noted that the recommended
maximum height is 25.0 metres, up only 1.0 metre from existing permissions.
ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN:
delivery of core service.
FINANCIAL IMPLICATIONS:
No new or additional capital budget requests are associated with these recommendations.
COMMUNITY ENGAGEMENT:
INFORM The Zoning By-law Amendmentwas circulated for comment to internal departmentsand
external agencies onFebruary 11, 2020. A resident circulation letter was sent to 109 households,
being all property owners within 120 metres of the subject lands. A large sign was posted on the
property advising of the application. This report will bewebsite with the agenda
in advance of the council / committee meeting. A letter advising of the Planning and Strategic Initiatives
Committee Meeting (Statutory Public Meeting) and the scheduled Council meeting will besent to all
property owners within 120metres of the subject lands.
CONSULT A community engagement and consultation session for the King Street East Secondary
Plan area took place on April 4, 2019. A Statutory Public Meeting was held for the Neighbourhood
Planning Review project on December 9, 2019. Planning Staff have reviewed all comments relating
to the proposed changes for this block as discussed above. As no comments were received form the
public following the initial application, an application specific Neighbourhood Information Meeting was
not held.
Notice of the public meeting will appear in The Record onJuly 17, 2020.
CONCLUSION:
Provincial, Regional, and City planningpolicy provide guidance that must be considered when
evaluating changes in land use permissions. Planning staff is of the opinion that the recommended
Zoning by-law Amendment is in the public interest and is good planning. This recommended zoning is
site specific zoning within Zoning By-law 85-1that is similar to the RES-6zone adopted by Council as
part of Stage 2a of CRoZBy. The recommended zoning would allow the same permissions as RES-6,
in advance of the final approval of the King Street East Neighbourhood Secondary Plan updates, within
2 - 8
the current zoning by-law. The recommended zoning conforms to the existing and proposed land use
designations in the King Street Secondary Plan.
Based on this analysis, Planning staff is recommending approval of the amending zoning by-law as
REVIEWED BY:Janine Oosterveld, Manager of Customer Service and Site Development
ACKNOWLEDGED BY:Justin Readman -General Manager, Development ServicesDepartment
ATTACHMENTS:
A-law & Map No. 1
BConsultation Comments
Comparisonof permitted uses, regulations, and off-street parking between the existing
and proposed zoning.
DProposed Secondary Plan Land Use Designation (Neighbourhood Planning Review
project)
EProposed Zoning (Neighbourhood Planning Reviewproject)
2 - 9
PROPOSED BY LAW
July 8, 2020
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
-The Trustees of the Pilgrim Evangelical Lutheran Church and
Trusteesfor the Pilgrim Evangelical Lutheran Church)
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.-law Number 85-1 is hereby amended by changing
the zoning applicable to the parcel of land specified and illustrated as Area 1 on Map No. 1, in
the City of Kitchener, attached hereto, from Neighbourhood Institutional Zone (I-1)to
Residential Seven Zone(R-7) with Special Regulation Provision755Rand Special Use
Provision 480U.
2.-law Number 85-1 is hereby amended by changing
the zoning applicable to the parcel of land specified and illustrated as Area 2on Map No. 1, in
the City of Kitchener, attached hereto, from Residential Seven (R-7) toResidential SevenZone
(R-7) with Special Regulation Provision755Rand Special Use Provision 480U.
3.Schedule Number 120-law Number 85-1ishereby further amended by
incorporating additionalzone boundaries as shown on Map No. 1 attached hereto.
4.By-law 85-1 is hereby amended by adding Section 480thereto as follows:
480.i.NotwithstandingSection 41.1of this By-law, within the lands zoned
Residential Seven Zone(R-7)as shown on ScheduleNumber 120 of Appendix
s affected by this section, the following uses are prohibited:
Coach House Dwelling Unit
Duplex Dwelling
2 - 10
Street TownhouseDwelling
Private Home Day Care
Semi-Detached Duplex Dwelling
Semi-Detached Dwelling
Single Detached Dwelling
ii.Notwithstanding Section 41.1of this By-law, within the lands zoned
Residential Seven Zone(R-7)
affected by this section, the followinguses are also permitted:
Community Facility
Convenience Retail
Day Care Facility
Hospice
Office
Religious Institution, legally existing prior toJuly 8, 2020
Residential Care Facility
Single Detached Dwelling, legally existing prior to July 8, 2020
Studio
iii.ACultural Facilityshall mean the use of a premises for the creation,
production, and viewing of arts and culture, and can include a museum, art
gallery, performing arts venue, auditorium, exhibition facility, and managed
historical sites, but shall not include an adult sex film theatre.
iv.ACommunity Facilityshall mean the use of a premises for a multi-purpose
facility that offers a combination of recreational, cultural, community service
and information or instructional programs, and can include a community
centre, community space, arena, library, and/or swimming facility
v.An ience Retail, Day
Care Facility, Office, and/or Studiouse shall only be permitted in a building
containing a Multiple Dwellinguse.
4.-law 85-1 is hereby amended by adding Section 755thereto as follows:
2 - 11
755.i.Notwithstanding Sections 4 and 41.2of thisBy-law, within the lands zoned
Residential Seven Zone(R-7), shown as affected by thissubsection, on
Schedule 120of A,aMultiple Dwellingand mixed-use building
shall be permitted in accordance with the following:
a.The minimum lot width shall be 30.0 metres.
b.The minimum front yard setback shall be 3.0 metres.
c.The minimum side yard abutting a street shall be 3.0 metres.
d.The minimum side yard shall be 4.5 metres.
e.The minimum floor space ratio shall be 0.6.
f.The maximum floor space ratio shall be 2.0.
g.The minimum building height shall be 11.0 metres.
h.The maximum building height shall be 25.0 metres.
i.The maximum number of storeys shall be 8.
j.The minimum number of dwelling units shall be 5.
k.The maximum size of individual
Facility, Convenience Retail, Day Care Facility, Office, or Studio use
shall be 600 square metres.
l.
Community Facility, Convenience Retail, Day Care Facility, Office, or
Studio uses shall be 25% of the total gross floor area ona lot.
ii.Notwithstanding Sections 6.1.2a) of this By-law, within the lands zoned
ResidentialSeven (R-7), shown as affected by this subsection, on Schedule
120the following off-street parking regulations shall apply:
Maximum Off-Street
Minimum Off-Street
UseParking Spaces
Parking Spaces Required
Permitted
Home Business1
Lodging House1 per 63m²floor area1 per 48m² floor area
Multiple Dwelling1/unit1.4/unit
5-80 units = 0.15/unit
Multiple Dwelling Visitor
81+ units = 0.1/unit
Day Care Facility1 per 30m² floor area1 per 23m² floor area
Residential Care Facility1 per 92 m² floor area1 per 70m² floor area
Hospice1 per bed1.3 per bed
1 per 33m²floor area1 per 24m²floor area
Community Facility1 per 23m²floor area1 per 17m²floor area
Convenience Retail1 per 33m²floor area1 per 24m²floor area
Office1 per 33m²floor area1 per 25m²floor area
2 - 12
Studio1 per 40m²floor area1 per 30m²floor area
iii.The following minimum bicycle parking requirements shall apply:
UseClass A BicycleStallClass B BicycleStall
0.5 per unit without a
Multiple Dwelling2 per building
private garage
Day Care Facility1 per 500m²floor area
Residential Care Facility1 per 710m²floor area2 per building
Hospice1 per 500m²floor area1 per 667m²floor area
1 per 1000m²floor area1 per 333m²floor area
Community Facility1 per 1000m²floor area1 per 500m²floor area
Convenience Retail1 per 1000m²floor area1 per 333m²floor area
Office1 per 500m²floor area1 per 750m²floor area
Equal to 10%of the total
Studio
of allrequired parking
iv.For the purposeof regulation iii.above, aClass A Bicycle Stallshall be a
bicycle space which is either in a building or structure or within a secure area
such as a supervised parking lot or enclosure with a secure entrance or within
a bicycle locker.
v.For the purpose of regulation iii.above, aClass B Bicycle Stallshall be a
bicycle space which is located in accessible and highly visible locations near
the entrance of a building and are accessible to the general public.
PASSED at the Council Chambers in the City of Kitchener this______day of ___________,
2020
_____________________________
Mayor
_____________________________
Clerk
2 - 13
141 ELUDEHCS241 ELUDEHCS
121 021
ELUDEHCSELUDEHCS
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DSD-20-069
Table 1: Additional Permitted Uses Comparison
Recommended Zoning
Residential Seven (R-7) Zone
with Special Provisions 755R,
Existing Zoning480U
Permitted Uses
Residential Seven (R-7) Zone&
RES-6 Zone Proposed
through Neighbourhood
Planning Review
Coach House Dwelling UnitYesNo
Duplex DwellingYesNo
Home Business/ Home
Yes
Occupation
Lodging HouseYes
Multiple DwellingYes
Townhouse Dwelling Cluster /
Yes
Multiple Dwelling
Street TownhouseYesNo
Private Home Day CareYesNo
Yes
Day Care FacilityNo
(Mixed Use Building only)
Residential Care Facility, Small
Yes
and Large
HospiceNoYes
Semi-Detached Duplex DwellingYesNo
Semi-Detached DwellingYesNo
Single Detached DwellingYesNo
Yes
No
(Mixed Use Building only)
Yes
Community FacilityNo
(Mixed Use Building only)
Yes
Convenience RetailNo
(Mixed Use Building only)
Yes
OfficeNo
(Mixed Use Building only)
Yes
StudioNo
(Mixed Use Building only)
2 - 30
DSD-20-069
Table 2: Site Specific Regulations Comparison
Recommended Zoning
Residential Seven (R-7) Zone
Regulations forwith Special Provisions 755R,
Multiple Dwellingswith 5 or Existing Zoning480U
more dwelling units&Residential Seven (R-7) Zone&
Mixed Use BuildingsRES-6 Zone Proposed
through Neighbourhood
Planning Review
Minimum Lot Width15.0m30.0m
4.5m < 10.5m height
Minimum Front Yard+1.5 for every additional 3.0m of 3.0m
height
Minimum Exterior Side Yard 4.5m < 10.5m height
Setback / Side Yard Abutting a +1.5 for every additional 3.0m of 3.0m
Streetheight
1.5m < 9.0m height
Minimum Interior Side Yard2.5m for 9.0-10.5m height4.5m
6.0m for >10.5m height
Minimum Rear Yard7.5m
Minimum Landscaped Area20%
Minimum Floor Space Ratio0.6
Maximum Floor Space Ratio12
Minimum Building Height11.0m
Maximum Building Height24.0m25.0m
Maximum Number of Storeys8
Minimum Number of Dwelling
5
Units on a Lot
Maximum Size of Individual
600m²
Non-Residential Use
Cannot exceed 25% of the
Maximum Size of Total Non-
total gross floor
Residential Uses
area on a lot.
Private Patio AreaEach Dwelling on Ground Floor
2 - 31
DSD-20-069
Table 3: Proposed Off-Street (On-Site) Parking Regulations
Recommended Zoning
Residential Seven (R-7) Zone
with Special Provisions 755R,
480U
UseZoning By-law 85-1
&
RES-6 Zone Proposed
through Neighbourhood
Planning Review
1/dwelling +
Home Business/ Home
1/business +1 + required dwelling parking
Occupation
1/customer
1 per 63m2 minimum
Lodging House1 per 25m2
1 per 48m2 maximum
1/unit minimum
1.4/unit maximum
Townhouse Dwelling Cluster / 3-5 units = 1/unit
0.5 Class A bicycle per unit
Multiple Dwelling6+ = 1.25 unit
without a private garage
2 Class B/building
Townhouse Dwelling Cluster / 5-80 units = 0.15/unit
6+ units = 20%
Multiple Dwelling Visitor81+ units = 0.1/unit
1 per 30m2 minimum
Day Care Facility1 per 10 persons + 1 per facility1 per 23m2 maximum
1 Class A bicycle per 500m2
2 per small facility
Large facility
3-8 residents = 2
Residential Care Facility, Small 1 per 92 m2 minimum
9+ residents = 3 + 1 per every 3
and Large1 per 70m2 maximum
staff
1 Class A bicycle per 710m2
2 Class B/building
1 per bed minimum
1.3 per bed maximum
Hospice1 per bed
1 Class A bicycle per 500m2
1 Class B bicycle per 667m2
1 per 33m2 minimum
1 per 24m2 maximum
1 per 40m2
1 Class A bicycle per 1000m2
1 Class B bicycle per 333m2
1 per 23m2 minimum
Community Facility/Community 1 per 7 seats or1 per 17m2 maximum
Centre1 per 23m21 Class A bicycle per 1000m2
1 Class B bicycle per 500m2
1 per 33m2 minimum
1 per 24m2 maximum
Convenience Retail1 per 20m2
1 Class A bicycle per 1000m2
1 Class B bicycle per 333m2
1 per 33m2 minimum
1 per 25m2 maximum
Office1 per 28m2
1 Class A bicycle per 500m2
1 Class A bicycle per 750m2
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DSD-20-069
Table 3: Proposed Off-Street (On-Site) Parking RegulationsCont.
Recommended Zoning
Residential Seven (R-7) Zone
with Special Provisions 755R,
480U
UseZoning By-law 85-1
&
RES-6 Zone Proposed through
NeighbourhoodPlanning
Review
1 per 40m2 minimum
1 per 30m2 maximum
Studio
Class B bicycle 10% required
parking
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DSD-20-069
PROPERTY OWNERS AND INTERESTED PARTIES ARE INVITED
TO ATTEND AN ELECTRONIC PUBLIC MEETING TO DISCUSS
A PROPOSEDZONING BY-LAW AMENDMENT
UNDER SECTION34OF THE PLANNING ACT
206-210 Duke Street East
The City of Kitchener has received an application for a Zoning By-law Amendment to rezone the properties to permit medium
rise residential uses. The amendment would change the zoning from Neighbourhood Institutional Zone (I-1) to Residential
Seven (R-7) with special use and regulations provisions.
In keeping with physical distancing measures recommended by Public Health due to COVID-19, an electronic
public meeting will be held by the Planning & Strategic Initiatives Committee, a Committee of Council which
deals with planning matters, on:
Monday, August 10, 2020 at 7:00 p.m.
(live-stream video available at kitchener.ca/watchnow)
If you wish to make written and/or verbal comments either in support of, or in opposition to, the above noted
proposal you may register as a delegation at kitchener.ca/delegationsor by contacting Legislated Services at
519-741-2200 ext. 2203 by no later than 4:00 p.m. on August 10, 2020. A confirmation email and instructions
for participating in the meeting electronically with be provided once your registration is received.
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 or by viewing the report
contained in the meeting agenda (posted 10 days before the meeting at www.kitchener.ca-click on the date in the
Calendar of Events and select the appropriate committee).
Garett Stevenson,Senior Planner -519-741-2200 x7070(TTY: 1-866-969-9994);garett.stevenson@kitchener.ca
2 - 36
REPORT TO:Planning & Strategic Initiatives Committee
DATE OF MEETING:August 10,2020
SUBMITTED BY:Della Ross,InterimDirector of Planning, 519-741-2200 x 7327
PREPARED BY:Eric Schneider,Planner,519-741-2200 x 7843
WARDINVOLVED:Ward 4
DATE OF REPORT:June 30,2020
REPORT NO.:DSD-20-079
SUBJECT:Draft Plan of Condominium (Vacant Land) 30CDM-19205
625Blair Creek Drive
Hallman Construction Inc.
Figure 1: Location map
RECOMMENDATION:
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 2002-164of the City of Kitchener, as amended, hereby
grants draft approval to Condominium Application 30CDM-19205for625Blair Creek Drive
in the City of Kitchener, subj
*** 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 owner of the subject lands, Hallman ConstructionInc.is proposing a vacant land
condominium which will consist 21 single detached residential unitsandcommon element areas.
An internal drive aisle, surfacevisitorparkingand barrier free parking spaces, walkways, and
landscaped areas will make up the common elements. 625Blair Creek Drivehas received Site
PlanApprovalin Principle(SP19/068/B/ES)and the owner is activelyclearingconditions for full
Site Plan Approval to begin construction.
The subject property islocated on the south side of Blair Creek Drive between Doonwoods
Crescent and Groh Drive scenic corridor. The property is designated Low Rise Residentialin the
andzonedResidential ThreeZone (R-3) with Special Regulation Provision
493R,in the CityZoning By-law 85-1.
Theresidential development consisting of 21 lots to be developed with single detached dwellingsis
Zoning By-law 85-1.
Acopy of the approved Site Plan is attached as Efor reference. The proposed Vacant
Land CondominiumPlanisconsistent with the approved Site Plan.The vacant land condominium
application proposes to createunits 1through 21and a common element areaas shown on the
Vacant Land CondominiumPlan(attached as Appendix A).
The purpose of the vacant land condominiumapplicationis topermit the individual ownership
(tenure)of each of the residentiallots within the private street.
Provincial Policy Statement
The Provincial Policy Statement (PPS) sets the policy foundation for regulating the development
and use of land. The PPS promotes building healthy, liveable and safe communities, the efficient
development of lands and provision of a range of housing types and densities. The proposed
development is consistent with the PPS.
2017 Growth Plan for the Greater Golden Horseshoe
Plan for the Greater Golden Horseshoe. The Growth Plan promotes development that contributes
to complete communities, creates street configurations that support walking, cycling and
sustained viability of transit services and which creates high quality public open spaces. The
proposal complies withthe policies of the Growth Plan.
Regional Official Policies Plan (ROPP) & Regional Official Plan (ROP)
Regional Official Plan. The proposal conforms to the policies of this plan. Through the review of
the application, the Region of Waterloo has no objections to draft approval of Plan of
Official Plan
located within the Low Rise Residentialdesignation in the Official Plan are intended to
accommodate a full range of housing types such as low rise multipledwelling residential
developments. Integration of different forms of housing achieve a low overall intensity of use.
3 - 2
ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN:
strategic vision through
the delivery of core service.
AGENCY COMMENTS:
Commenting agencies and City departments have no concerns with the proposed Vacant Land
Condominium. The comments received have either been addressed or included as conditions of
draft approval as recommended in the report. All
COMMUNITY ENGAGEMENT:
INFORM and CONSULT The Application was circulated to property owners within 120 metres
of the subject lands onOctober 7, 2019as per Planning Act requirements. This report will be
Staff received one written response from a nearby land owner (
resident had concerns with stormwater runoff and privacy.
Planning staff responded to the resident and explained the proposed applicationis for the change
of tenure(creation ofunits)and that the technical review for the designof stormwater
management infrastructure and the provision of a privacy fence were reviewed during the Site
Plan process which complies with all zoningregulationsand has received Approval in Principle.
FINANCIAL IMPLICATIONS:
No new or additional capital budget requests are expected with this recommendation.
COMMUNICATIONS:
Notice of the August 10, 2020public meeting of the Planning & Strategic Initiatives Committee
will be advertised in The Record onJuly 17,2020. The newspaper notice is attached as Appendix
The notice will also be posted on the City of Kitchener website at www.kitchener.ca.
CONCLUSION:
The recommendations contained within this report will permit the individual ownership ofeach of
theunitsto be used as lots for single detached dwellings. The proposed development conforms to
Provincial, Regional, and City plans, it is compatible with surrounding land uses,and represents
good planning. As such, staff recommend that draft plan of condominium 30CDM-19205, be
approved subject to the conditions outlined in this report.
REVIEWED BY:Janine Oosterveld,Manager of Site Development and Customer Service
ACKNOWLEDGED BY: Justin Readman, General Manager, Development Services Department
Attachments
Draft Approval Conditions andDraft Plan of Condominium 30CDM-19205
Newspaper Notice
AppendiDepartment and Agency Comments
AppendiAdjacent Landowner Comment
Approved Site Plan
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DSD-20-079
DRAFT PLAN OF CONDOMINIUM 30CDM-19205
625 Blair Creek Drive
Hallman Construction Inc.
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 CondominiumApplication 30CDM-19205for625 Blair Creek Drivein the City of
Kitchener, subject to the following conditions:
1.That this approval applies to Draft Condominium 30CDM-19205owned byHallman
ConstructionInc.,dated May 6,2019proposing a Vacant LandCondominium Planfor
1.635hectares of land comprised of 21units and commonelements.
Units1-21:Residential lots for single detached dwellings.
Common Elements:Internal drive aisles, surface parking(including barrier and visitor
spaces), walkways, and landscaped areas.
2.That the final plan shall be prepared in general accordance with the above noted plan,
3.Thatprior to registration, the Ownerobtain
the following:
A.An addressing plan showing the proposed units with Condominium Unit
Numbering; and;
B.A summary table containing the proposed Condominium Unit Numbering and
assigned municipal addresses.
4.
of Planning, Development and Legislative Services. The said Declaration shall contain:
i)provisions
Commissioner of Planning, Development and Legislative Services, regarding
ownership details and rights and obligationsfor common elements including, but
not limited to, access lanes, sanitary, storm and water services, and open
space/amenity areas, if any.
In addition, the Declaration shall contain specific provisions3ii) through 3ix), as outlined
ii)That private sidewalks, driveways and parking areas be maintained in a snow free
condition and void of any obstructions 12 months of the year.
iii)That the condominium corporation agrees to develop and maintain the subject
lands in compliance with approved Site Plan.
3 - 4
iv)That access rights to Kitchener-Wilmot Hydro Inc. facilities on the subject property
will be maintained.
v)That the home mail delivery will be from a designated Centralized Mail Box.
vi)That easements, as may be required, for servicing and/or access across the
condominium lands are to be conveyed to: City of Kitchener, Regional Municipality
of Waterloo, Kitchener-Wilmot Hydro, Bell Canada and any
communication/telecommunication company.
vii)That the Condominium Corporation and Unit Owners, would at their expense, be
obligated to implement and maintain the approved Salt Management Plan related
to winter snow and ice clearing.
5.That the Owner covenant and agree in writing to the City's Manager of Development
Review to register a Condominium Declaration which shall include the approved
provisions as required in condition 4 hereof.
6.That the Owner shall provide an undertaking that the new home purchasers will be advised
in Offers of Purchase and Sale of the location of Centralized Mail Boxes.
7.That the Owner shall obtain a tax certificate from the City of Kitchener to verify that there
are no outstanding taxes on the subject property to the
Division.
8.That the Owner shall make arrangementsfor the granting of any easements for utilities
and municipal services. The Owner agrees to comply with the following easement
procedure:
(a)to provide reference plan(s) showing the easements to Hydro, communication/
telecommunication companies, and th
Manager of Development Review;
(b)to ensure that there are no conflicts between the desired locations for utility
Engineering Services for municipal services;
(c)to ensure that there are no conflicts between utility or municipal service easement
locations and any approved Tree Preservation/Enhancement Plan;
(c)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
Manager of Development Review
General Manager of Development Services; and
(d)Manager of Development Review, a clearance letter from
each of Hydro, Bell Canada and other pertaining
communication/telecommunication companies. Such letter shall state that the
respective utility company has received all required grants of easements, or
alternatively, no easements are required.
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9.That the Owner shall submit to the City of Kitchener a Letter(s) of Credit to cover 100
percent of the remaining cost of all outstanding and/or uncertified site development works
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 works have
not been completed and certified in conformity with the approved designs, 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 provided with a renewal
of the Letter(s) of Credit forthwith.
ii)In the event that the Owner fails to complete the required site development works,
to the satisf
by the owner that the City, its employees, agents or 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 its authority under Section 326 of
the Municipal Act to have such works completed and to recover the 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 approval is obtained from the City
Treasurer and City Solicitor.
10.That the Owner designates and signs a minimum of 5parking spaces as "Visitor Parking"
including1Barrier Free n accordance with the
approved Site Plan.
11.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.
12.That the Applicant/Owner agrees to stage development of this condominium in a manner
satisfactory to the Regional Commissioner of Planning, Development and Legislative
Services and the City of Kitchener, including any easements or other requirements as a
result of staging;
13.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;
14.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;
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15.That prior to final approval, the Region review and accept the salt management plan
;and
furthermore that the condominium declaration include provisions for implementation of the
accepted Salt Management Plan, to the satisfaction of the Regional Commissioner of
Planning, Development and Legislative Services for the Regional Municipality of Waterloo.
CLEARANCES:
1.Manager of Development Review,
the Owner shall submit a detailed written submission outlining and documenting how
conditions 3 through 15inclusive have been met. The submission shall include a brief but
complete statement detailing how and when each condition has been satisfied.
2.Manager of Development Review, the
Manager of Development Review
that Conditions 4i), vii), and 12through 15have been satisfied.
NOTES:
1.The owner is advised that the provisions of the Development Charge By-laws of the City
of Kitchener and the Regional Municipality will apply to any future development on the
site.
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 Review from 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 Department of Planning, Development and Legislative Services and the City of
Kitchener Development 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 96-
025, pursuant to Section 69 of the Planning Act, R.S.O. 1990, c.P. 13, to prescribe a tariff
of fees for application, recirculation, draft approval, modification to draftapproval and
registration release of plans of condominium.
6.This draft plan was received on May 8, 2019and deemed complete on May 15,2019and
shall be processed and finally disposed of under the Planning Act, R.S.O. 1990, c.P. 13,
as amended as of that date.
7.
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.
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8.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 terms of the approval, and we have received assurance from the
Regional Municipality of Waterloo and applicable clearance agencies that the necessary
arrangements have been made, the Manager of Development Review 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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DSD-20-079
Appendix B
PROPERTY OWNERS AND INTERESTED PARTIES ARE INVITED
TO ATTEND AN ELECTRONICPUBLIC MEETING TO DISCUSS
A PROPOSED VACANT LAND CONDOMINIUM
UNDER SECTION 51 OF THE PLANNING ACT
625 Blair Creek Drive
The City of Kitchener has received an application for a vacant land condominium consistingof 21residential
units,and common element areas. An Internal drive aisle, surface visitor parking and barrier free parking spaces,
walkways, and landscaped areas will make up the common elements.
In keeping with physical distancing measures recommended by Public Health due to COVID-19, anelectronic
public meeting will be held by the Planning & Strategic Initiatives Committee, a Committee of Council which
deals with planning matters,on:
Monday,August 10, 2020at 7:00 p.m.
(live-stream video available at kitchener.ca/watchnow)
If you wish tomake written and/or verbal commentseither in support of, or in opposition to, the above noted
proposalyou may register as a delegation at kitchener.ca/delegationsor by contacting Legislated Services at
519-741-2200 ext. 2203by no later than 4:00 p.m. on August 10, 2020.Aconfirmation email and instructions
for participating in the meeting electronically with be providedonce your registration is received.
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 belowor byviewing the report
contained in the meeting agenda (posted 10 days before the meeting at www.kitchener.ca-click on the date in the
Calendar of Events and select the appropriate committee).
Eric Schneider,Planner -519-741-2200 x 7843(TTY: 1-866-969-9994);eric.schneider@kitchener.ca
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DEVELOPMENTSERVICES DEPARTMENT
BUILDING DIVISION
Robert Schipper, CBCO
Manager of Building
City Hall, P.O. Box 1118
th
200 King St. W., 5Floor
Kitchener, Ontario
Canada, N2G 4G7
Phone: (519)741-2836
Fax: (519 741-2775
robert.schipper@kitchener.ca
October 7, 2019
Attn: Hallman Construction Ltd.
Subject: Draft Approval -Plan of Condominium (Vacant Land) application 30CDM-
19205for Blair Creek Drive, Ontario
Building Division has no concerns with the Plan of Condominium application.
The projecthas not yet commenced construction. We will be addressing any Building
Code deficiencies through the building permit process, under the authority of the Ontario
Building Code and Building Code Act.
Thankyou for giving us this opportunity to respond to this application.
Sincerely,
Robert Schipper,CBCO
Manager of Building
c.c. Eric Schneider
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#®¬¬¤³ &®±¬
Application for Draft Approval Plan of Condominium (Vacant Land)
Location: 625 Blair Creek Drive
Owner: Hallman Construction Inc.
1.What do you like or dislike about the requested Vacant Land Condominium
Application?
As a property owner adjacent to proposed units (8,9,10) I would like to have
assurance that our downgradient property will not be impacted by any stormwater
runoff from the proposed development. I like the 7.5M servicing easement
separating our property with the proposed development, but would like to ensure
that adequate fencing and privacy landscaping in the form of cedar trees/hedge is
added to provide privacy and security to the existing residential properties to the
south of the proposed development, such as my property. Would like an adequate
easement/separation distance and clarification on what is allowed/not allowed
within the easement perimeter.
Additional Comments:
How will stormwater be managed to ensure zero impact to downgradient
properties that are on well water? Proposed development should extend services
through the servicing easement (e.g. fibre internet, city water line) to downgradient
residential properties that would benefit from these additional vital services.
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