HomeMy WebLinkAboutDSD-20-069 - Zoning By-law Amendment Application ZBA20/001/D/GS 206 & 210 Duke St.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.
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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.
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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
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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)
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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
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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:
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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
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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
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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)
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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
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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
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