HomeMy WebLinkAboutDSD-2021-41 - OPA20-002-E-KA - ZBA20/005/E/KA - 239 Eden Oak Trail - Rockway Holdings Ltd.REPORT TO:Planning and Strategic Initiatives Committee
DATE OF MEETING:May 10, 2021
SUBMITTED BY:Bustamante, Rosa -Director of Planning,519-741-2200ext. 7319
PREPARED BY:Dumart,CraigPlanner, 519-741-2200ext. 7073
WARD(S) INVOLVED:Ward2
DATE OF REPORT:April 6, 2021
REPORT NO.:DSD-2021-41
SUBJECT:Official Plan Amendment OPA20/002/E/KA
Zoning By-law Amendment ZBA20/005/E/KA
239 Eden Oak Trail
Rockway Holdings Ltd.
RECOMMENDATIONS:
That Official Plan Amendment Application OPA/20/002/E/KA for Rockway Holdings Ltd.
requesting a change in designation from Low Rise Residentialto Medium Rise Residential to
permit 4 multiple dwellingbuildings on the parcel of land specified and illustrated on
adopted, in the form shown in the Official Plan Amendment attached to
Report DSD-2021-41as Appendix
for approval; and
That Zoning By-law Amendment Application ZBA20/005/E/KA for Rockway Holding Ltd. be
-and
DSD-2021-41as AppendixB;and,
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
ZBA20/005/E/KA; and,
That the Grand River South Community Plan be repealed in its entirety.
REPORT HIGHLIGHTS:
The purpose of this report is to evaluate and provide a planning recommendation to approve
the Official Plan Amendment and Zoning By-law Amendment applications for subject lands
located at 239 Eden Oak Trail.
Community engagement included:
o circulation of a preliminary notice letter to owners of property within 120m of the
subject site;
o installation of notice signage on the property;
*** 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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o aNeighbourhood Information Meeting (January13, 2021);
o follow up one-on-one discussions with members of the public;
o notice letter advising of the public meeting was circulated to all property owners within
120 metres of the subject site, those who responded to the preliminary circulation and
those who attended the Neighbourhood Information Meeting; and,
o notice of the public meeting was given in The Record on April16, 2021.
The subject lands represent one of the last large land parcels within the Grand River South
Community, and the plan is no longer necessary to guide the future development of this
community. With this approval, the Grand River South Community Plan will be repealed.
This report supports the delivery of core services.
EXECUTIVE SUMMARY:
The owner of the subject lands located at 239 Eden Oak Trailis proposing to change the Official
Plan designation from Low Rise Residentialto Medium RiseResidentialand the zoning from
Residential Six Zone, with Special Regulationsto Residential Eight Zone with Special Regulations.
Staff recommend that the applications be approved.
BACKGROUND:
Rockway Holdings has made anapplication to the City of Kitchener for an Official Plan Amendment
and Zoning By-law Amendment proposing to change the designation and zoning of the lands at 239
Eden Oak Trailto permit the lands to be developed with multiple residential buildingswith heights
ranging from 4to 5storeys. The lands are designated Low Rise Residential in the City of Kitchener
Official Plan and zoned Residential Six Zone (R-6)with Special Regulation Provision 1R,Special
Regulation Provision 596R,Special Regulation Provision 597R andSpecial Use Provision 419U.A
minor variancefor the subject landswas approved in 2016 and remains in effect.
Existing zoning permissions include:
Residential Six Zone: Permits multiple dwellings
Special Regulation 1R: Indicates that the lands are regulated by the GRCA;
Special Regulation 596R: Permits a maximum height of 12.0 metres(4 storey buildings),
addresses setbacks to Fairway Road, and does not require ground floor private patio spaces
next to Fairway Road;
Special Regulation 597R: Prohibits geothermal wells;
Special Use Provision 419U: Permits small scale commercial uses.
Minor variances were granted in 2016 to permit variances to the existing R-6 zone for
increased density (0.88 FSR),reduced parking (1.27 spaces per unit) and reduced balcony
setbacksto Fairway Road, based on a previous development proposal.
The subject lands at 239 Eden Oak Trail are vacant andidentified as Block 214in Stage 3(Registered)
ofthe Grand River Flats Subdivision(30T-10202).The subject site is approximately 333metres wide,
approximately 67metres deep with an overall area of2.37 hectares (5.85acres) and hasfrontagealong
Fairway Road Northwith the primaryaccesson Eden Oak Trail and two planned access connections
on River Trail Avenue.
The subject lands are located withina mixed density residential neighbourhood, with single detached,
semi-detached and street townhouses located directly to the north of the subject lands on River Trail
Avenue and 4 storey multiple dwellings and single detached dwellings located directly tothe west of the
subject lands along Eden Oak Trail.
A concurrent Zoning By-law Amendment and Major Modification to Draft Plan of Subdivision (30T-
10202) is currently under review for Stage 5 of the subdivision, which proposes to transfer density
from Stage 5 tothe subject lands at 239 Eden Oak Trail (Block 214).Stage 5 of the subdivision is
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designated medium rise residentialandis locatedin the interiorof the subdivision which isa
predominately low density residential neighbourhood. As 239 Eden OakTrail fronts on a major
Regional road, is accessible, and has a dense multiple residential development to the west, it is a
more suitable location for higher density. Accordingly, the Owner is seeking an Official Plan and
Zoning By-law Amendment to facilitate the development of the subject lands with two4storey and
two 5 storeymultiple dwelling residentialbuildings.
Figure 1 -Location Map: 239 Eden Oak Trail
REPORT:
The applicantis proposing to develop the subject landsidentified in Figure 1withfourmultiple
dwellingbuildings, including two 4 storeymultiple dwellingsbuildingsand two 5 storeymultiple
dwelling buildings withsurface parking and structure parking located within the first floor of the
proposed buildings.
The original design concept included four five-storey buildings, three vehicular accesses (including
two on River Trail Avenue and one from Eden Oak Trail), and 352 residential units. Through the
review process, the applicant has amended the proposed design to respond to comments of staff
and the public with respect to achieving adevelopmentwith greater setbacks, reduced building
heights, and reduced vehicular connections into the existing neighbourhood,which were replaced
with pedestrianconnections. The number of residential units was also reduced to 276 residential
units.The revisions made by the applicantare included inFigure 2 (below),the revised development
conceptand key changes are included in table 1 (below).
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Table 1. Development ConceptComparison Table
Original Development ConceptRevised Development Concept
Building Heightsfour five-storey buildingstwo four-storey buildings,andtwo five
storey buildings
Number of Units352 residential units276residential units
Vehicular Accessthree vehicular accesses,including one vehicular access from Eden Oak
two on River Trail Avenue and one Trail withtwopedestrian connections
from Eden Oak Trail.into the neighbourhood
Figure 2 Revised Concept Plan
Therevised development concept includesone vehicular access fromEden Oak Trail with
pedestrian connections into the neighbourhood.The revised concept has reduced vehicular access
points but still makes the site permeable for pedestrians and cyclists.The East pedestrian
connection would also serve asanemergencyvehicle access with bollards. Staff is supportive of
the proposed development concept.
Tables 2and 3below provide a comparison of land use designation and zoning permissions for the
proposed Official Plan Amendment and Zoning By-law Amendment.
Table 2. Official Plan Designation Comparison Table
In Effect 2014 Official Proposed Official Plan Amendment
Plan Designation
Official Plan Low Rise ResidentialMedium Rise Residential
Designation
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Dwelling typesSingleandsemi-detachedCluster townhouses and multiple
dwellings, street dwellings
townhouses and multiple
dwellings
Maximum Building 14 metres (4 storeys)25 metres (up to 8 storeys)
Height
Table 3. Zoning By-law Comparison Table
Existing Zoning Proposed ZoningPermissions
Permissions
Zone CategoryR-6 with site specificsR-8 with site specifics
Maximum floor space 0.881.5
ratio (FSR)
Maximum building 12 metres (4 storeys)18 metres (5 storeys)
height of multiple
dwellings
Minimum side yard2.5 metres25 metres
setback (Building
setback to properties
along Rivertrail
Avenue)
Required parking1.27 spaces per unit1.2 spaces per unit
The key difference between the existing zoning permissionson the property and the proposed
development is the location of the multiple dwellings. The existing zoningpermits 4 storey multiple
dwellingsto be locatedwithin 2.5 metres of side yards (meaning, buildings can be located 2.5 meters
fromthe properties along RivertrailAvenue) while the proposed development concept would not
allow any buildings to be located within 25 metres of the property line.
Site specific zoning regulations are proposed to cap the building height at 18.0 metres and cap the
floor space ratio (FSR)at 1.5. While the proposed multiple dwellings are 4 and 5 storeys in height,
the proposed building heights and FSR include above grade structured parking. Underground
parking is not feasiblein this area to protect drinking water. As such, an above grade parking
structure is proposed to accommodate a portion of the onsite parking. The parking structure is
proposed to be screened with dwelling units along Fairway Road North although still contributing to
FSR and building height. The parking structure by itself represents an FSR of about 0.4. The
amount of floor space occupied by the multiple dwelling buildings represents an FSR of about 1.1,
which is only slightly above the FSR approved through the 2016 minor variance. The structured
parking adds 1 floor of building height to each of the four buildings.
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Planning Analysis:
Provincial Policy Statement, 2020:
The Provincial Policy Statement (PPS) provides policy direction on matters of provincial interest
related to landuse planning and development. The PPS sets out policies to consider in order to
sustain healthy, liveable and safe communities. The PPS promotes efficient development and land
use patterns, as well as accommodating an appropriate mix of affordable and market-based
residential dwelling types with other land uses,while supportingthe environment, public health and
safety. Provincial policies promote 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.
To support provincial policies relating tothe optimization of infrastructure, transit and active
transportation, the proposed designation and zoning facilitate acompact form ofdevelopment which
efficiently uses the lands, is in close proximity to public transit (GRT Route 23), and makes efficient
use of both existing roads and activetransportation networks. The lands are serviced and are in
proximity to parks, trails and other community uses.Provincial policiesarein support of providing
a broad range of housing.The proposedmultiple dwelling development represents an attainable
form of market-based housing.
With respect to provincial policies regarding public health and safety, theGrand River Conservation
Authority (GRCA)has confirmed that the subject lands are located outside of the adjacent corrected
effective floodplain area, and safe access will be preserved. Planning staff is of the opinion that the
applications are consistent with the PPSfor health and safety matters.
Planning staff is of the opinion that the proposed applications will facilitate 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. Based on the foregoing, staff isof the opinion
that this proposal is in conformity with the PPS.
A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020(Growth Plan):
The Growth Plan supports the development of complete and compact communities that are designed
to support healthy and active living, make efficient use of land and infrastructure, provide for a range
and mix of housing types, jobs, and services, at densities and in locations which support transit
viability and active transportation. Tosupport 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 range of household sizes
and incomes. The Growth Plan requiresa 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, to meet
projected needs of current and future residents.
Built-Up Area. The proposed development
represents intensification and will help the City achieve density targets. The proposed designation
and zoning will support a higher density housing option that will help make efficient use of existing
infrastructure, parks, roads, trails and transit. The multiple dwellingdevelopmentis also proposed
to include severalunittypes, increasing the variety of housing options for future residents. Planning
staff is of the opinion that the applications conform to the Growth Plan.
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Regional Official Plan (ROP):
Urban Area policies of the
Urban Area. The subject lands are designated Built-Up Area in the ROP. This neighbourhood
provides for the physical infrastructure and community infrastructure to support the proposed
residential development, including transportation networks, municipal drinking-water supply and
wastewater systems, and a broad range of social and public health services. Regional policies
require Area Municipalities to plan for a range of housingin terms of form, tenure, density and
affordability to satisfy the various physical, social, economic and personal support needs of current
and future residents. Regional staff have indicated that they have no objections to the proposed
applications (AppendixDstaff are of the opinion that the applications conform to the
Regional Official Plan.
City of Kitchener Official Plan and proposed Official Plan Amendment:
The subject lands are designated Low Rise Residential (Map 3) in the 2014 Official Plan. The
existingLow Rise Residentialland use designation permits a full range of low density housing types
which may include single detached dwellings, semi-detached dwellings, street townhouse dwellings,
and low-rise multiple. Low Rise Residential lands located on a Regional Road or City Arterial Street
allow for a maximum building height of 4 storeys or 14 metres and may have a maximum floor space
ratio of 0.75.
The applicant is proposing to change the land use designation to Medium RiseResidential. The
Medium RiseResidential designation permits medium density housing types including townhouse
dwellings in a cluster development, multiple dwellings and special needs housing.Theproposed
land use category permits a maximum floor space ratio of 2.0 and a maximum heightof 8 storeys or
25 metres.
Urban Structure
The planned function of Community Areas is to provide for residential uses as well as non-residential
supporting uses intended to serve the immediate residential areas. Within areas identified as
Community Areas on Map 2 the applicable land use designation may include Low Rise Residential
(the current land use designation), Medium Rise Residential(the proposed land use designation),
along with other land use designations.
Community Plan
The subject lands are located within the Grand River South Community Plan area. This plan was
approved by Council in 2000 to guide the development of the Grand River South Community. Since
that time, the majority of the lands contained within the plan have been registered, developed, or are
in the final stages of draft plan approval. There are a number of smaller undeveloped infill sites
located in the plan area, however these lands are generally designated and zoned to implement the
type of development recommended in the Community Plan. A number of components shown in the
plan are also currently out of date including:
the large secondary school site which was deemed surplus by the school board and has now
been developed with residential uses,
the proposed 9-hole golf course which can no longer be supported by the Region due to the
proximity to the Pompeii Wells,
the Noise Contours associated with the Regional Airport have been amended increasing the
area of lands available for residential development east of Old Zeller Drive, and
the Fairway Road North bridge location was selected and is fully constructed.
Based on the foregoing, staff are of the opinion that the community plan is no longer required to
guide the future development of this community and recommend that it be repealed. The subject
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landsrepresent one ofthe last large land parcelswithin the Grand River South Community, and the
plan is no longer necessary to guide the future development of this community.
Transportation
The Official Plan provides for an integrated transportation system which incorporates active
transportation, allows for the movement of people and goods and promotes a vibrant, healthy
community using land use designations and urban design initiatives that make a wide range of
transportation choices viable. The Official Plan encourages the increased use of public transit, and
endeavors to ensure that the maximum walking distance to a transit stop will not exceed 450 metres
for residences, places of employment and community facilities. The Official Plan contains policies
that ensure that redevelopment locates the majority of transit supportive uses within a comfortable
walking distance of the transit stop.
Planning staff notes that the subject site is approximately 250metres from a transit stop located at
the corner of Fairway Road and Old Zeller Drive that provides connections to the broader Waterloo
Region transit system. The proposed development that is proximate to a transit corridor helps
achieve this objective in the Official Plan.
Urban Design
The City is committed to achieving a high standard of urban design, architecture and place-making
to positively contribute to quality of life, environmental viability and economic vitality. Urban design
is a vital component of city planning and goes beyond the visual and aesthetic character of individual
buildings and also considers the functionality and compatibility of development as a means of
strengthening complete communities.
Urban Design policies in the 2014 Official Plan support creating visually distinctive and identifiable
places, structures and spaces that contribute 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 andlandscape design. The City will
require high quality urban design in the review of all development applications through the
.
Housing
and mix of housing types and styles, densities, tenure and affordability to satisfy the varying housing
needs of our community through all stages oflife. The proposed development increases the range
of dwelling units available in the city. The development is contemplated to include a range of unit
types. Ground floor units will be designed to have direct access to the sidewalkalong Fairway Road
North, and the range of units will appeal to a variety of households.
PolicyConclusion
The subject applications request that the land use designation as shown on Map 3of the City of
Kitchener2014Official Plan be changed from Low RiseResidential to Medium RiseResidential.
Based on the above,staff isof the opinion that the proposed Official Plan Amendment represents
good planningand recommend that the proposed Official Plan Amendment be approved in the form
shown in Appendix
Proposed Zoning By-law Amendment:
The subject property is currently zoned Residential Six Zone (R-6) with Special Regulation Provision
1R,Special Regulation Provision 596R, Special Regulation Provision 597R andSpecial Use
Provision 419U.The existing zoning permits multiple dwellingswith maximum building heightof 12.0
metres (4 storey buildings) and permits small scale commercial uses. Minor variances were granted
in 2016 to permit variances to the existing R-6 zone for increased density (0.88 FSR), reduced
parking (1.27 spaces per unit) and reduced balcony setbacks to Fairway RoadNorth.
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The applicant has requested an amendment to Zoning By-law 85-1 to change the zoning on the
lands to Residential Eight Zone (R-8) with anew site-specificregulation769Ralong with continuing
to apply the following:
Special Regulation 597R which prohibits geothermal wells will continue to apply.
Special Use Provision 419U permits small scale commercial usessuch as convenience retail
and personal services will continue to apply.
Staff offer the following comments with respect to the proposed new site-specificSpecialRegulation
Provision(769R):
a)That parking be provided at a rate of 1.1 spacesper unit plus 0.1 visitor spaces per unit. Bicycle
and electric vehicle parking are to be provided in accordance with By-law 2019-051.
The purpose of this regulation is to provide for a parking rate which is appropriate for the
development. The 2016 minor variance approved a required parking rate of 1.27 spaces per
unit (inclusive of visitor spaces). The proposed ratio results in a parking rate of 1.2spaces
per unit (inclusive of visitor spaces) and is consistent with the parking rates(1.1 spaces per
unit)in the Zoning By-law 2019-051. The subject lands have adequateaccess to public
transit and pedestrian/cycling networksand adequate bike storage will be provided within the
development for residents. Planning and Transportation Services staff is of the opinion that
the parking rate is appropriate for the subject lands.
b)That the minimum building setbacks for multiple dwellings adjacenttopropertiesfronting on
Rivertrail Avenue shall be 25.0 metresto the shared property line.
The purposeof this regulation is to ensure multiple dwellingsare appropriately setback from adjacent
low-rise residential homes.
c)That the maximum Floor Space Ratio shall be 1.5.
The purpose of this regulation is to cap the Floor SpaceRatio and ensure development does not exceed
the density presented in the revised concept plan (Figure 2).
d) The maximum height for a multiple dwelling shall be 18.0 metres
The purpose of this regulation is to ensure multiple dwellings do not exceed 5 storeys in height and are
compatible to adjacent low rise residential homes.
Official Plan policies indicate that where special zoning regulations are requested for residential
intensification, the overall impact of the site specific zoning regulations will consider compatibility
with existing built form; appropriate massing and setbacks that support and maintain streetscape
and community character; appropriate buffering to mitigate adverse impacts, particularly with respect
to privacy; avoidance of unacceptable adverse impacts by providing appropriate number of parking
spaces and an appropriate landscaped/amenity area. Staff is of the opinion that the proposed R-8
Zone together with Special Regulation Provisions 597R, 769Rand Special Use Provision 419U will
provide for a form of development that will be compatible with the neighbourhood, add visual interest
and enhanced landscaping that will contribute to the streetscape, appropriately accommodate on-
site parking needs, and represents good planning. Staff recommend that the proposed Zoning By-
law amendment be approved as shown in Appendix
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Department and Agency Comments:
Preliminary circulation of the Official Plan and Zoning By-law Amendmentswas undertaken on June
16, 2020 to applicable City departments and other review authorities. No major concerns were
identified by any commenting City department or agency. Additional consideration will be addressed
through the site developmentapproval process. Copies of comments are found in Appendix Dof
this report.
The following Reports and studies were considered as part of this proposed Official Plan Amendment
and Zoning By-law Amendment:
Planning Justification Report
Prepared by: GSP Group, March 2020
Urban Design Brief
Prepared by: GSP Group, March 2020
Functional Servicing Report
Prepared by: Walterfedy,March 2020
Geotechnical Investigation
Prepared by: GHD, November 2019
Parking Justification Study
Prepared by: Salvini ConsultingMarch 9, 2020.
Noise Study
Prepared by: HGC Engineering, March 10, 2020
Community Input & Staff Responses
Staff received written responses from 38households with respect to the proposed development.
These may be found in AppendixE
13, 2021 and was attended by 54 residents. A summary of what we heard,and staff responses are
noted below.
What We HeardStaff Comment
Two of the 4 buildingshave been reduced by one floor. Site
Buildings are too high
specific provision to cap the building height is also proposed.
Amenity space has been added between buildings to break
Buildings are too large
up the building walland minimize the impacts of massing.
The proposed buildings were shifted back towards Fairway
Buildings are too close to existing
Road North and are located approximately 30 metres(98
homes
feet)to adjacent homes.
Asite-specificprovision is proposed to prohibit buildings
Privacy will be lostwithin 25metres from the shared propertylineof buildings
fronting on Rivertrail Avenue.
The number of proposed units wasreduced from 352 units
Too many units proposed
to 276 units.
Units have been reduced, WaterlooRegion District School
Board and Waterloo Catholic District School Boardhas not
School and park capacityidentified a capacity concern. Amenity space is provided for
the new residents and a new 2.05 ha park is proposed in
Stage 5 of the subdivision.
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Number of proposed units wasreduced and the number of
parking spaces has been increased. The Parking
Traffic and overflow parkingJustification Study was submitted in support of the
proposed parking rateand Class A Bicycle parking will be
provided on site.
Access alongRivertrail Avenue is nowproposed as
pedestrian and cycling access only, while easterly access
will also serveas an emergency vehicle access with
Access onto Rivertrail Avenue
bollards. Vehicles will access the site at Eden Oak Trail.
The Region will not permit access off of Fairway Road
North.
Planning Conclusions
In considering the foregoing, staff are supportive of the proposed Official Plan Amendment and
Zoning By-law Amendment to permit 239 Eden Oak Trailto be developed with four multiple dwelling
buildings. Staff is of the opinion that thesubject applicationsare in keeping with the objectives of
the Grand River South Community Plan, are consistent with policies of the Provincial Policy
Statement(2020), conform to Growth Plan for the Greater Golden Horseshoe, the Regional Official
Plan, andthe City of Kitchener Official Plan and represent good planning. Staff recommendsthat
the applications be approved.
ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN:
The recommendation of this report supports the achievement of the strategic vision through
the delivery of core service.
FINANCIAL IMPLICATIONS:
There are no financial implications associated with this recommendation.
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
Capital Budget The recommendation has no impact on the Capital Budget.
Operating Budget The recommendation has no impact on the Operating Budget.
COMMUNITY ENGAGEMENT:
INFORM e agenda in advance of the
council / committee meeting.Notice signs were posted on the property and information regarding
summer of 2020.Following the initial circulation
referenced below, an additionalcourtesy notice of the public meeting wascirculated to all property
owners within 120 metres of the subject lands, those responding to the preliminary circulation and
who attended the Neighbourhood Information Meeting, and Notice of the Public Meeting was posted
in The Record on April 16, 2021 (a copy of the Notice may be found in AppendixD).
CONSULT The proposed Official Plan Amendment and Zoning By-law Amendment were originally
circulated to property owners within 120 metres of the subject lands onJune 19, 2020. In response
to this circulation,staff received written responses from 38households, which areincluded in
AppendixE.
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PREVIOUS REPORTS/AUTHORITIES:
CSD-12-002, Draft Plan of Subdivision 30T-10202, Zone Change Application
ZC10/08/Z/KA
Planning Act,R.S.O. 1990, c. P.13
Growth Plan, 2020
City of Kitchener Zoning By-law 85-1
City of Kitchener Official Plan
A-2016-103 (Minor Variance Approval)
APPROVEDBY: Readman, Justin-General Manager, Development Services
APPENDIXS:
AppendixAProposed Official Plan Amendment
AppendixBProposed Zoning By-law Amendment
AppendixCNewspaper Notice
AppendixDDepartment and Agency Comments
AppendixEPublic Comments
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AMENDMENT NO. XXTO THE OFFICIALPLAN
OF THE CITY OF KITCHENER
CITY OF KITCHENER
239 Eden Oak Trail
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AMENDMENT NO. XXTO THE OFFICIALPLAN
OF THE CITY OF KITCHENER
CITY OF KITCHENER
239 Eden Oak Trail
INDEX
SECTION 1TITLE AND COMPONENTS
SECTION 2PURPOSE OF THE AMENDMENT
SECTION 3BASIS OF THE AMENDMENT
SECTION 4THE AMENDMENT
APPENDICES
APPENDIX 1Notice of the Meeting of Planning &Strategic Initiatives
Committee of _____________, 2021
APPENDIX 2Minutes of the Meeting of Planning &Strategic Initiatives
Committee
APPENDIX 3Minutes of the Meeting of City Council
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AMENDMENT NO. XXTO THE OFFICIALPLANOF THE CITY OF KITCHENER
SECTION 1 TITLE AND COMPONENTS
This amendment shall be referred to as Amendment No. XXto the OfficialPlan of the City of
Kitchener(2014). This amendment is comprised of Sections 1 to 4 inclusive.
SECTION 2 PURPOSE OF THE AMENDMENT
The purpose of the OfficialPlan Amendment isamend:
Map 3(Land Use) by redesignating lands from Low Rise Residentialto Medium Rise
Residential;
SECTION 3 BASIS OF THE AMENDMENT
Thesubject lands are designated Low Rise Residential in the 2014 Official Plan. Staff
recommend that the application proposing to redesignate the lands Medium Rise Residential, be
approved.
The subject lands are currently identified in as Community Area in
2). The planned function of Community Areas is to provide for residential uses as well as non-
residential supporting uses intended to serve the immediate residential areas. Within areas
identified as Community Areas on Map 2 the applicable land use designation may include Low
Rise Residential, Medium Rise Residential, High Rise Residential, Open Space, Institutional
and/or Major Infrastructure and Utilities
The amendment as proposed herein is consistent with the objectives of the Provincial Policy
Statement,conform withPolicies of the Growth Plan for the Greater Golden Horseshoe, and
conforms to the Regional Official Plan, asdescribed in
Report DSD-2021-41.Staff are of the opinion that the proposedOfficial Plan Amendment
represents good planning, and recommendsthat the proposed Official Plan Amendment be
approved.
SECTION 4 THE AMENDMENT
The City of Kitchener Official Plan(2014)is hereby amended as follows:
a)Amend Map No. 3Land Useby:
i)Designating the Area of Amendment MediumRiseResidentialinstead of
Low RiseResidential, asshown on the
3
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APPENDIX 1: Notice of the Planning &Strategic Initiatives Committee Meeting (May 10, 2021)
PROPERTY OWNERS AND INTERESTED PARTIES ARE INVITED
TO ATTEND A PUBLIC MEETING TO DISCUSS
PROPOSED OFFICIAL PLAN & ZONING BY-LAW AMENDMENTS
UNDER SECTIONS 17, 22 & 34 OF THE PLANNING ACT
239 Eden Oak Trail
Rockway Holdings LTD. is proposing Official Plan and Zoning By-law Amendments to permit the lands at
239 Eden Oak Trail to be developedwithtwo 4 storey multiple dwelling buildings, and two 5 storey multiple
dwellings buildings with surface parking and structure parking located within the first floor of the proposed
buildings.
In keeping with physical distancing measures recommended by Public Health due to COVID-19, an
electronicpublic meeting will be held by the Planning & Strategic Initiatives Committee, a Committee
of Council which deals with planning matters, on:
Monday, May 10, 2021 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 May 10, 2021.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).
Craig Dumart, Planner -519-741-2200 x 7073(TTY: 1-866-969-9994)craig.dumart@kitchener.ca
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APPENDIX 2: Minutes of the Planning &Strategic Initiatives Committee Meeting (May 10, 2021)
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APPENDIX 3-Minutes of the Meeting of City Council
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PROPOSED BY LAW
________,2021
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
Rockway Holdings Ltd.239 Eden Oak Trail)
WHEREASit is deemed expedient to amend By-law 85-1;
NOW THEREFORE the Council of the Corporation of the City of Kitchener
enacts as follows:
1.Schedule Numbers271,272, 291and 292of-law Number 85-1
arehereby amended by changing the zoningapplicable to the parcel of land
specified and illustrated as Area 1on Map No. 1, in the City of Kitchener, attached
hereto, fromResidential Six Zone (R-6) with Special Regulation Provisions1R,
596R, and597R and Special UseProvision 419UtoResidentialEightZone (R-8)
withSpecialRegulation Provisions597R and 769RandSpecial Use Provision
419U.
2.Schedule Numbers 271,272, 291and 292-law Number 85-1
areherebyfurther amended by incorporating additional zoneboundaries asshown
onMap No. 1 attached hereto.
3.Appendix Dto By-law 85-1 is hereby amended by addingSection 769thereto as
follows:
769.NotwithstandingSections6.1.2,and 42.2.1 and 42.2.6of this By-lawwithin
the lands zoned R-8and shown as being affected by this subsectionon
Schedule Numbers 271,272, 291and 292of Appen
specialregulationsshall apply:
a)On-site Parkingbe provided at a rate of 1.1 space per unit plus 0.1
visitor spaces per unit. Bicycle and electric vehicle parkingare to be
provided in accordance with By-law 2019-051.
b)Minimum building setbacks for Multiple Dwellingsadjacent to properties
fronting on Rivertrail Avenue shall be 25.0 metresto the shared
property line.
c)The maximum Floor Space Ratio shall be 1.5.
d)ThemaximumBuilding Heightshall be18.0 metres.
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4.This By-law shallbecome effective only if Official PlanAmendmentNo. ___,(239
Eden Oak Trail) comes into effect, pursuant to Section 24(2) ofThe Planning Act,
R.S.O. 1990, c. P.13, as amended.
PASSEDat the Council Chambers in the City ofKitchener this
day of ,2021.
_____________________________
Mayor
_____________________________
Clerk
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SCHEDULE 271SCHEDULE 272
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PROPERTY OWNERS AND INTERESTED PARTIES ARE INVITED
TO ATTEND A PUBLIC MEETING TO DISCUSS
PROPOSED OFFICIAL PLAN & ZONING BY-LAW AMENDMENTS
UNDER SECTIONS 17, 22 & 34 OF THE PLANNING ACT
239 Eden Oak Trail
Rockway Holdings LTD. is proposing Official Plan and Zoning By-law Amendments to permit the lands at
239 Eden Oak Trail to be developed with two,4 storey multiple dwelling buildings, and two,5 storey multiple
dwellings buildings with surface parking and structure parking located within the first floor of the proposed
buildings.
In keeping with physical distancing measures recommended by Public Health due to COVID-19, an
electronicpublic meeting will be held by the Planning & Strategic Initiatives Committee, a Committee
of Council which deals with planning matters, on:
Monday, May 10, 2021 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 May 10, 2021.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).
Craig Dumart, Planner -519-741-2200 x 7073(TTY: 1-866-969-9994)craig.dumart@kitchener.ca
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