HomeMy WebLinkAboutDSD-2022-157 - Addendum Report to DSD-2022-088 - CRoZBy Stage 2b - Applying Residential Zones
Development Services Department www.kitchener.ca
REPORT TO: Committee of the Whole
DATE OF MEETING: March 21, 2022
SUBMITTED BY: Rosa Bustamante, Director of Planning, 519-741-2200 ext. 7319
PREPARED BY: Natalie Goss, Manager Policy and Research, 519-741-2200 ext. 7648
Richard Kelly-Ruetz, Planner (Policy), 519-741-2200 ext. 7110
WARD(S) INVOLVED: All
DATE OF REPORT: March 18, 2022
REPORT NO.: DSD-2022-157
SUBJECT: Addendum Report to DSD-2022-088 CRoZBy Stage 2b Applying
Residential Zones
RECOMMENDATION:
For information.
REPORT HIGHLIGHTS:
The purpose of this report is to provide additional information as requested by Planning
and Strategic Initiatives Committee at the March 9, 2022 meeting.
Between March 9 and the date of this report, a request was received from one property
owner to have the proposed NHC-1 zoning removed from their property between March
9 and the date of this report.
The requested changes in zoning from the Region of Waterloo regarding specific
Regionally owned properties align with the Official Plan, are
generally consistent with and represent minor changes from the zoning currently in
place.
Property owners and occupants within 120m of the Regionally owned properties on
Weber Street West have not yet been notified of the requested changes. Should Council
change the zoning of these properties as requested staff recommend providing notice
of Coun
BACKGROUND:
On March 9, 2022, the Planning and Strategic Initiatives Committee considered Report
DSD-2022-088 (CRoZBy Stage 2b Applying Residential Zones) which sought approval of
a Zoning By-law amendment that would apply new residential zones to properties across
Kitchener in conformity with the Official Plan.
At this meeting Committee resolved:
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
-initiated Zoning By-law amendment ZBA22/003/COK/RK to By-law 2019-051
(Comprehensive Review of Zoning By-law (CRoZBy) Stage 2b Applying Residential
Zones), be approved in the for-
Services Department report DSD-2022-088 as Appendix A, save and except for the
following:
1. The NHC-1 Zoning for all properties on Trussler Road;
2. The NHC-1 Zoning for all properties on Driftwood Drive;
3. The NHC-1 Zoning for all properties on Yellow Birch Drive;
4. The NHC-1 Zoning for all properties on Stonehenge Place;
5. The NHC-1 Zoning for 106 Robertson Crescent;
6. The NHC-1 Zoning for any other properties within the city who do not want to have the
designation report to city staff prior to ratification at the March 21, 2022 meeting of
Council;
7. The AGR-1 Zoning be deferred as it relates to the lands outside of Dundee North known
as the SKPA Activa lands and the adjoining parcel commonly known as Schlegel Bayer
lands, pending the conclusion of the ongoing Regional Official Plan review process;
That in accordance with the Planning Act Section 45 (1.3 & 1.4) applications for minor
variances shall be permitted for lands subject to Zoning By-law Amendment Application
ZBA22/003/COK/RK; and further,
That staff be directed to prepare an addendum to Development Services Department report
DSD-2022-088 for the March 21, 2022 Council meeting responding to the submission from
the Region of Waterloo and addressing the following questions:
1.
Official Plan;
2. How do current zoning permissions on these specific properties compare to proposed
and requested zoning permissions; and,
3. Overall, are the requests for zoning permissions on these specific properties considered
REPORT:
A statutory public meeting was held at the March 9, 2022 Planning and Strategic Initiatives
Committee (PSIC) meeting regarding CRoZBy Stage 2b. As part of the
resolution, the NHC-1 zoning was recommended to not be approved for the streets outlined
in the resolution above as well as any other proposed NHC-1 properties where the property
owner indicated to staff prior to March 21, 2022 that they wished to not have the NHC zoning
apply to their property. Between March 9 and the date of this report the owner of 27
Sunbridge Crescent requested to not have the NHC-1 zoning apply to their property.
27 Sunbridge Crescent is currently split zoned A-1 (name of zone), A-1 and 1R (site specific
provision to require a permit from the Grand River Conservation Authority (GRCA)), and P-
3 (name of zone). Unlike the properties specifically mentioned in the PSIC resolution, this
property does not currently have residential permissions and is currently split zoned with a
portion of the property zoned to conserve the natural features and reflect the GRCA
regulations that apply to the property. Should Council direct the NHC-1 zoning to be
removed from 27 Sunbridge Crescent, this property should be removed from Zoning By-law
2019-051 in its entirety to maintain the existing split zoning of the property.
As part of the March 9, 2022 PSIC meeting, a written submission (Attachment A) was
submitted by the Region of Waterloo requesting modifications to the proposed Zoning By-
law amendment for specific Regionally owned properties. At the meeting, PSIC directed
staff to report back to Council on March 21 with an addendum report that considered the
Alignment with the Official Plan
A comparison of existing, proposed, and requested zoning permissions; and,
Whether the zoning requested is a minor or major change from existing zoning.
Table 1 provides a summary and comparison of existing Zoning By-law 85-1 and proposed
Zoning By-law 2019-051 permissions, as well as the permissions sought by the Region.
Table 1 Existing, proposed and requested zoning for Region-owned properties
Existing 85-1 zoning Proposed 2019-051 zoning Requested zoning permissions*
permissions* permissions*
273, 277, 281, 285, 289 Weber Street West
225, 231, 237, 241, 245, 249, 253, 257, 261, 265, 269 Weber Street West
R-5 and R-5 (129U) RES-4 RES-5
Site specific provision requested
Max bldg. height 10.5m Max bldg. height 11m & 3
storeys Max bldg. height 14m
Max FSR N/A
Max FSR 0.6 Max FSR 0.75
Max number of units: 2 or 3
Max number of units: 4 Max number of units: no max
15-105 Mooregate Crescent
R-9 RES-7 (176) RES-7
Permitted uses multiple Permitted uses multiple Permitted uses add street &
dwellings which includes all dwellings, does not include street cluster townhouse dwellings to a
forms of townhouse dwellings or cluster townhouse dwellings max 0.6 FSR and as per RES-5
regulations
Min. bldg. height N/A Min bldg. height 14m
Min building height 9m
Bldg. height transition N/A Bldg. height transition (general)
max height of 12m within 15m of Bldg. height transition remove site
low-rise res. zone specific (176) and do not apply
general building height transition.
Building height transition (Site Replace with a holding provision
Specific Provision 176) (H) requiring the submission of an
maximum height of 25m within Urban Design Brief to the
30m of low-rise residential zone satisfaction of the Director of
Planning together with a site plan
application
1388 Highland Road West
R-9 (7HSR) RES-7 (176) (27H) RES-7 (27H)
Permitted uses multiple Permitted uses multiple Permitted uses add street &
dwellings which includes all dwellings, does not include street cluster townhouse dwellings to a
forms of townhouse dwellings or cluster townhouse dwellings max 0.6 FSR and as per RES-5
regulations
Min. bldg. height N/A Min bldg. height 14m
Min building height 9m
Bldg. height transition N/A Bldg. height transition (general)
max height of 12m within 15m of Bldg. height transition remove site
low-rise res. zone specific (176) and do not apply
general bldg. height transition.
Existing 85-1 zoning Proposed 2019-051 zoning Requested zoning permissions*
permissions* permissions*
Holding provision (7HSR) to Bldg. height transition (site specific Replace with a holding provision
secure servicing and road 176) max. height of 25m within (H) requiring the submission of an
works 30m of low-rise res. zone Urban Design Brief to the
satisfaction of the Director of
Holding provision (27H) to Planning together with a site plan
secure servicing and road works application
Holding provision (27H) to secure
servicing and road words
*Regulations shown for comparison purposes are those for multiple dwellings and only those that are requested to be changed through
The requested zoning changes:
For the Weber Street West properties would allow the development of low-rise multi-
unit apartments or townhouses up to 14 metres in height (about 4 storeys). The
zoning recommended in report DSD-2022-088 would allow a maximum of 4 units up
to 3 storeys in height.
For the Mooregate Crescent properties and Highland Road West property would
result in similar zoning permissions to the existing R-9 zoning under Zoning By-law
85-1. The low-rise residential transition regulations of new Zoning By-law 2019-051
would be replaced with a Holding Provision requiring an Urban Design brief which
would evaluate the impacts of development on adjacent low-rise residential
properties.
The zoning permissions requested by the Region outlined in Table 1 alig
Official Plan. Additionally, as outlined in their submission, the Region classifies their
requested zoning changes as minor changes from existing zoning on these properties. The
zoning changes requested for the Weber Street West properties are ones that, had they
been proposed through the CRoZBy process, would have resulted in notification to the
owners and occupants of properties within 120m of the subject properties. The Region
submits that the requested zoning is appropriate for the Weber Street West properties as
The Region also submits that these properties are separated by the surrounding
neighbourhood by a rail line and trail. City staff note that the zoning permissions requested
for the Weber Street West properties are more significant than the changes requested for
other Regionally owned properties but are proposed changes that generally align with and
are contemplated by Official Plan policies. Should Council change the zoning of
property owners and occupants within 120m.
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:
Community engagement for the CRoZBy project was outlined in report DSD-2022-088.
PREVIOUS REPORTS/AUTHORITIES:
DSD-2022-088 CRoZBy Stage 2b Applying Residential Zones
APPROVED BY: Justin Readman, General Manager, Development Services
ATTACHMENTS:
Attachment A March 9, 2022 Region of Waterloo Public Meeting Submission
March 9, 2022
City of Kitchener
Planning Division
Planning & Strategic Initiatives Committee
200 King Street West
City of Kitchener
Sent via Email: Natalie Goss, Manager Policy
Dear Planning & Strategic Initiatives Committee & members of Council,
Re: City of Kitchener Crozby Zoning, Comments from Region of Waterloo
Comprehensive Review of the Zoning By-law (CRoZBy) Stage 2B Applying New Residential
Zones on Properties DSD-2022-088
On behalf of the Region of Waterloo Housing Services and Economic Development teams, we thank you
for the opportunity to present these comments (and recommendations) related to Stage 2B
Crozby Zoning report on residential zones being presented to Committee on March 9, 2022. As a new
affordable housing cross-divisional team at the Region, and as part of a collaborative effort with City
staff, we request your consideration of some minor amendments to the proposed residential zoning in
order to support new affordable housing opportunities on regionally-owned properties. The requests
herein are focused on pipeline properties that have been earmarked to advance our Building Better
Futures framework and the delivery of affordable housing opportunities throughout the community.
They are based on a supporting rational, which we ask be considered by Committee/Council as site-
specific amendments prior to the final zoning bylaw being passed. We are open, and look forward to
continuing to work with staff to advance our shared priorities on these properties.
The Context. The housing and economic development teams at the Region have prepared these
comments based on specific considerations, including: conformity to the City of Kitchener Official Plan
policies and policy intent; the Region of Waterloo Building Better Futures affordable housing framework
(and Affordable Housing Master Plan); The City of Kitchener Housing for All strategy; the recently
released Provincial Affordable Housing Task Force; as well as, enabling zoning strategies as permitted by
The Ontario Planning Act. More specifically, these amendments have been prepared to advance a
pipeline of affordable housing opportunities in the City of Kitchener that would be subject to a full
community engagement plan with The City of Kitchener and neighbours. Without these amendments,
the Region will require significant resources (and time) to amend this zoning. A summary of the
recommendations is provided below.
Document Number: 3972667 Version: 7
Document Name: Letter City of Kitchener 2022 Crozby Zoning Submission
2022-03-09
Page 1 of 7
Recommendation 1. Specific to: Weber Street Properties (273, 277,281,285,289, 293 inclusive.
225, 231, 237, 241, 245, 249, 253, 257, 261, 265, 269 inclusive.)
A missing middle housing solution. Regional staff request to re-zone select regional properties owned
on Weber Street West from RES-4 to RES-5 with site specific provision to allow a maximum 14 metre
height limit (from 11 metres), and, maximum density of 0.75 (vs. 0.6 FSR) which is in conformity with the
Low Rise Residential land use policies (refer to Appendix 1). The subject properties include 225-269
Weber Street West inclusive, and, 273-293 Weber Street West inclusive.
This amendment is requested based on the properties being located on an arterial road and the existing
Official Plan policies (noted in Appendix 1) that permits slightly higher density and uses on these lands.
As a further consideration, this land is separated by the surrounding neighbourhood by an existing rail
line and major trail making it a preferred (and suitable) location for this height and density.
The current proposed RES-4 zoning presents an underutilization of the property and would require a
separate zone change application for the Region to move forward to implement the existing land use
policies. The proposed amendments would enable the existing Low Rise Designation policies and would
better support the Better Futures vision for housing on available lands. We kindly
request that this site be rezoned prior to the zoning bylaw being approved.
Recommendation 2. Specific to: 1388 Highland Road West & 15 through 105 Mooregate Crescent
The existing R-9 zone is being re-zoned to RES-7. This new zoning implements the High Density
Residential land use designation in the Official Plan, and, includes a series of performance-based
regulations that will re-shape the built form of this high-density zoned land.
The Region owns a number of sites with the proposed RES-7 zoning. Of these, two sites in particular are
of priority interest in the delivery of affordable housing as part of the Building Better Futures Initiative.
These include a surplus property at 1388 Highland Road West, and the existing Waterloo Region Housing
site at 15-105 Mooregate Crescent. Based on the existing site parameters (including irregular property
dimensions and configurations), surrounding land uses and context, the following site-specific
amendments are recommended to the zoning to deliver on our affordable housing mandate:
1) Expand permitted uses to re-
dwellings on these regionally owned RES-7 sites in order to maintain the opportunity for
greater housing choice and a variety of building typologies on these high density sites. This
expansion of allowable dwelling types is requested to maintain permissions that allow for site-
specific responses to context, housing needs and site parameters, without compromising overall
site density or planned function. An FSR specific to the Street, and/or Cluster Townhouse use
can be applied to ensure a portion of the property is developed for multi-unit residential. We
would suggest a maximum FSR of 0.6 be applied for these dwelling types. The inclusion of this
type of housing will provide greater housing options, as well, some enhanced neighbourhood
transition opportunities.
Document Number: 3972667 Version: 7
Document Name: Letter City of Kitchener 2022 Crozby Zoning Submission
2022-03-09
Page 2 of 7
2) Reduce the minimum building height of 14 metres, by five (5) metres to maintain flexibility and
contextual built form. For these sites, the minimum building height should be reduced from 14
metres to nine (9) metres. This zoning relief is requested to ensure consistency with the built
form / dwelling type permissions of the zone. The reduction in minimum height adds greater
flexibility in the site design, accommodates construction cost savings opportunities (townhouse
vs higher cost apartment construction), and reduces future zoning bylaw conflicts that would
add time and cost to an affordable housing project. The minimum 2.0 Floor Space Density is still
maintained and as noted above criteria around FSR specific to lower density forms of housing
can be incorporated. By providing greater housing choice on high density sites, this will help to
address affordability through regulation both in construction and in price point to the market.
3) Exempt these properties from the transition provisions to adjacent low rise residential, and put
in place a holding provision requiring an Urban Design Brief be prepared and approved by City
Staff. Both sites (Highland and Mooregate) are subject to General Regulation Section 4.
Regulation 4.19, Transition to Low-Rise Residential, and site specific provision (176)
Where General Regulation Section 4.19, requires a maximum 12-metre building height within a
15 metre setback from any low rise zone.
Where site-specific provision 176 states Within the lands zoned RES-7 and shown as affected
by this provision on Zoning Grid Schedules 11 and 36, the building height shall not exceed 25
metres within 30 metres of a lot with a low-
These transition provisions pose significant challenge to the development of these properties for
high-density / high-rise residential. While the Region respects and encourages appropriate
transition to low-density neighbourhoods, the regulations suggested have been applied as a
standard across a number of unique properties, where we
transition response be through thoughtful design analysis. With these regulations in place, they
could introduce a significant design barrier in the process. We would also suggest, there is
precedence where taller buildings are compatible with surrounding low-rise neighbourhoods
and those relationships are better understood through the design process rather than a by-law
regulation. Given the notion of transition is often site specific, we would ask that the evaluation
of appropriate transition be considered through design analysis at point of application,
empowering staff, applicant and neighbour to define an appropriate solution for the site, and
remove the need for a potential zoning amendment where appropriate transition can be
achieved.
We kindly ask both sites, be exempt from general provision 4.19 and site specific provision
(176), with a holding zone put in place to instead require submission of an Urban Design Brief as
part of any site plan application.
Document Number: 3972667 Version: 7
Document Name: Letter City of Kitchener 2022 Crozby Zoning Submission
2022-03-09
Page 3 of 7
Recommendation 3. Specific to: 1388 Highland Road West
Provision 27H states Within the lands zoned RES-7 and shown as affected by this provision on Zoning
Director of Planning is in receipt of a clearance letter is required from the City of Kitchener's Director of
Engineering advising the City's Director of Planning that adequate City services and/or roadworks are
"available" or that "acceptable arrangements" have been made therefor, and this holding provision has
been removed by by-law͵
The Region understands the necessary infrastructure is now in place to secure clearance and lift the
holding zone. The servicing infrastructure was constructed as part of the Highland Road project
completed by the Region of Waterloo. We will continue to expedite clearance with City staff, in the
interest of obtaining a clearance letter prior to final By-Law reading. Should that occur, we request that
the City remove holding provision (27H) through this comprehensive update prior to by-law passing, or,
a following date.
Other Regional Properties:
Beyond those properties listed herein, the Region have a number of other properties within the City of
Kitchener which form part of a broader portfolio of land which could be utilized to advance our
affordable housing initiative. These include, among others, the contiguous properties at Woodview and
Stonegate Crecent (part of the future River Road Reserve), sites within future Major Transit Station
Areas, and others. The Region will continue to work with City staff on these longer term priorities on any
required zoning amendments, as sites are advanced.
Specific to the regionally owned lands at Woodview and Stonegate Crescent. These are two contiguous
parcels of land bound by Stonegate Drive to the East, King Street East to the North and Hofstetter
Avenue to the West and
a potential long-term opportunity for new affordable housing. They are currently split zoned -9/R-
-
The Region would request that where a split zoning is indicated, we review and consider opportunities
to higher density (-) across entirety with a holding provision requiring Urban Design
Study to ensure appropriate transition to adjacent low rise residential neighbourhoods.
Summary.
The Regional cross-divisional team commends the City for this significant body of work, which continues
to manage appropriate growth through regulation. We are in support many aspects of the proposed
Crozby residential zoning. We appreciate willingness to work together on the
matter of affordable housing as a community-wide priority, and see these zoning changes as a way to
work together and support our shared affordable housing initiative.
Document Number: 3972667 Version: 7
Document Name: Letter City of Kitchener 2022 Crozby Zoning Submission
2022-03-09
Page 4 of 7
The Region is responsible to facilitate 2,500 affordable housing units over the next five years, and the
proposed amendments provided in this letter would help advance greater affordable housing options in
the City of Kitchener on regionally owned land. These amendments are supported by the current
Official Plan policies and introduce a level of flexibility that will support greater design options on these
lands. We believe the majority of these site specific amendments can be approved as an amendment
prior to final bylaw being passed. Any future land decision will also involve a thoughtful public
engagement process and engagement with the City of Kitchener.
We thank you for your time and consideration with these requests.
Yours truly,
Ryan Mounsey Sarah Millar
Manager of Affordable Housing Development Manager, Land Portfolio (Economic
Development & Housing)
cc.
Bruce Lauckner, CAO
Rod Regier, Commissioner PDLS
Jeff Schelling, Regional Solicitor / Director, Legal Services
Mathew Chandy, Director of Economic Development and Smart Waterloo Region
Ryan Pettipiere, Director Housing Services
Tom Penwarden, Manager Real Estate Services
Dan Chapman, City of Kitchener CAO
Richard Kelly-Ruetz, City of Kitchener Planner (Policy)
Document Number: 3972667 Version: 7
Document Name: Letter City of Kitchener 2022 Crozby Zoning Submission
2022-03-09
Page 5 of 7
APPENDIX 1 Official Plan Policy Excerpts
Low Density Residential Land Use
15.D.3.8. The Low Rise Residential land use designation will accommodate a full range of low
density housing types which may include single detached dwellings, additional dwelling units,
attached and detached, semi-detached dwellings, street townhouse dwellings, townhouse
dwellings in a cluster development, low-rise multiple dwellings, special needs housing, and other
forms of low-rise housing.
15.D.3.9. The City will encourage and support the mixing and integrating of innovative and
different forms of housing to achieve and maintain a low-rise built form.
15.D.3.11. A maximum Floor Space Ratio of 0.6 will apply to all development and
redevelopment. Site-specific increases to allow up to a maximum Floor Space Ratio of 0.75 may
be considered where it can be demonstrated that the increase in the Floor Space Ratio is
compatible and meets the general intent of the policies in this Plan. An Official Plan Amendment
will be required to consider an increase in the Floor Space Ratio greater than 0.75.
15.D.3.12. No building will exceed 3 storeys or 11 metres in height, at the highest grade
elevation. Relief from the building height may be considered for properties with unusual grade
conditions and for buildings and/or structures with increased floor to ceiling heights and
architectural features provided the increased building height is compatible with the built form
and physical character of the neighbourhood.
15.D.3.13. Notwithstanding Policy 15.D.3.12, a maximum building height of 4 storeys or 14
metres, at the highest grade elevation, whichever is the lesser, may be permitted on lands having
primary frontage on to a Regional Road or City Arterial Street.
Document Number: 3972667 Version: 7
Document Name: Letter City of Kitchener 2022 Crozby Zoning Submission
2022-03-09
Page 6 of 7
Appendix 2 Zoning Bylaw Amendment Request: Municipal Addresses (Regionally Owned Land)
Properties Official Plan Current Proposed Region of Waterloo Proposed zoning
Designation zoning CRoZBY changes through CRoZBY (2019-051)
(89-1) (2019-051)
Low Rise R-5, and, RES-4 RES-5 with site-specific provision to
Weber Street West
Residential R-5 with permit maximum 14 metres building
Properties
129U height and 0.75 FSR.
273,277,281,285,289,
293 inclusive.
225, 231, 237, 241, 245,
249, 253, 257, 261, 265,
269 inclusive.
Mooregate High Rise R-9 RES-7 (176) RES-7 with site-specific provision to
(15-105 Mooregate, Residential reduce minimum building height from
Waterloo Region Housing) 14 metres to 9 metres; permit both
Street and Cluster Townhouse
Dwellings to a maximum FSR of 0.6 in
accordance with the regulations of the
RES-5 zone; delete site specific
provision (176) and exempt the
property from Section 4.19 (Transition
to low-rise residential).
Apply a holding provision (H) requiring
an urban design brief to be approved
by the Director of Planning
demonstrating an appropriate
transition is provided to adjacent low-
rise residential neighbourhoods.
1388 Highland High Rise R9 RES-7 (176) RES-7 with site-specific provision to
Residential \[7HSR\] reduce minimum building height from
14 metres to 9 metres; permit both
Street and Cluster Townhouse
Dwellings to a maximum FSR of 0.6 in
accordance with the regulations of the
RES-5 zone; delete site specific
provision (176) and exempt the
property from Section 4.19 (Transition
to low-rise residential).
Apply a holding provision (H) requiring
an urban design brief to be approved
by the Director of Planning
demonstrating an appropriate
transition is provided to adjacent low-
rise residential neighbourhoods.
Document Number: 3972667 Version: 7
Document Name: Letter City of Kitchener 2022 Crozby Zoning Submission
2022-03-09
Page 7 of 7