HomeMy WebLinkAboutDSD-2022-407 - Official Plan Amendment OPA22/006/R/TS - Zoning By-law Amendment ZBA22/010/R/TS - 27 Roy Street - RFB DevelopmentsStaff Report
r
NJ :R
Development Services Department www.kitchener.ca
REPORT TO: Planning and Strategic Initiatives Committee
DATE OF MEETING: September 12, 2022
SUBMITTED BY: Garett Stevenson, Interim Director of Planning, 519-741-2200
ext. 7070
PREPARED BY: Tim Seyler, Planner, 519-741-2200 ext. 7860
WARD(S) INVOLVED: Ward 10
DATE OF REPORT: August 10, 2022
REPORT NO.: DSD -2022-407
SUBJECT: Official Plan Amendment OPA22/006/R/TS
Zoning By-law Amendment ZBA22/010/R/TS
27 Roy Street
RFB Developments
RECOMMENDATION:
That Official Plan Amendment Application OPA22/006/R/TS for RFB Developments
requesting the addition of Special Policy Area 11 for the lands specified and illustrated as the
"Area of Amendment" on Schedule "A", be adopted in the form shown in the Official Plan
Amendment attached to Report DSD -2022-407 as Attachment "A", and accordingly forwarded
to the Region of Waterloo for approval; AND,
That Zoning By-law Amendment Application ZBA22/010/R/TS for RFB Developments, -
requesting a change from Residential Five Zone (R-5) with Special Use Provision 164U to
Residential Five Zone (R-5) with Special Use Provision 164U and Special Regulation
Provision 781R, be approved in the form shown in the "Proposed By-law" dated September
12, 2022 for the lands illustrated on "Map No. 1" attached to Report DSD -2022-407 as
Attachment "B".
REPORT HIGHLIGHTS:
• The purpose of this report is to provide a professional planning recommendation on Official Plan
Amendment and Zoning By-law Amendment applications for the property located at 27 Roy
Street.
• Community engagement included:
o Circulation of a notice letter to residents and owners of property within 240 metres of the
subject property;
o Installation of a large billboard notice sign on the property;
o Staff received 2 neighbourhood responses and corresponded directly with the members
of the public; and,
o Notice of the public meeting was advertised in The Record on August 19, 2022.
This report supports the delivery of core services.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Page 98 of 350
EXECUTIVE SUMMARY:
The owner of the property at 27 Roy Street is proposing to add Special Policy Area 11 to the Official
Plan (Civic Centre Secondary Plan) and to amend Zoning By-law 85-1 to add a special regulation
provision to add an artisan's establishment and restaurant as permitted uses in the same building
as residential uses.
Planning staff are supportive of the subject applications for an Official Plan Amendment and Zoning
By-law Amendment to permit the uses of artisan's establishment and restaurant in the same building
as residential uses, as well as the requested site specific regulations for lot area, lot width and
reduced parking requirement for the commercial uses.
BACKGROUND:
RFB Developments has made an application to the City of Kitchener for an Official Plan Amendment
and a Zoning By-law Amendment proposing to allow an artisan's establishment and restaurant use
within the same building as residential uses.
The subject site is approximately 13.72 metres wide, approximately 30.48 metres deep and has an
area of 0.04 hectares. The subject site currently contains a single detached dwelling. The existing
building is proposed to remain, and the interior is to be renovated to accommodate three dwelling
units, as well as an additional unit for an artisan's establishment and restaurant. The site is located
on the south (east) side of Roy Street between Queen Street North and Young Street.
Al RyRFN
UQv SSTGL OHO
ST
JOJ�C� sT SUBJECT =�
AREA SR�c
RST �<Cr
O
0
00
DIES
STfy SNF
��QFR
STF
Figure 1 — Location Map: 27 Roy Street
REPORT:
RFB Developments are proposing to convert the existing single detached dwelling to a mixed use
building containing three dwelling units, and 1 commercial unit for an artisan's establishment and
restaurant use. A small rear addition is also proposed. Site specific zoning is also requested to
legalize the lot width, lot area and to provide a reduced parking rate for the commercial uses.
The application was received and circulated for comment in June 2022. Planning Staff are supportive
of the proposed mixed-use building containing three dwelling units and one commercial unit and are
Page 99 of 350
supportive of the requested Zoning By-law Amendment and Official Plan Amendment applications
to permit an artisan's establishment and a restaurant as permitted uses. The artisan's establishment
and restaurant use will be within the main floor unit, which will be approximately 103m2. The intent
of the artisan's establishment use is to provide studio, workshop and a multi -functional community
space at a small scale for neighbourhood use. The restaurant space will be a small-scale cafe used
as an accessory to the artisan's establishment.
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 sets out policies to consider in order to
sustain healthy, liveable and safe communities. Section 1.4.3(b)2 of the PPS promotes all types of
residential intensification, including additional residential units and redevelopment.
It also 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.
With respect to efficient development, the proposed applications represent an opportunity to convert
an under-utilized building with a mix of uses including two additional dwelling units and an artisan's
establishment and restaurant. The property is within a neighbourhood with existing servicing and
established transportation, trails, and transit networks aligns with the provincial policies in the PPS
related to optimization of infrastructure, transit, and active transportation. The intensification of this
site will minimize land consumption and servicing costs.
Based on the above, staff is of 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 a range and mix of housing options to serve all sizes, incomes, and ages
of households. It also supports the achievement of complete communities that are designed to
support healthy and active living and meet people's needs for daily living throughout an entire
lifetime.
Policy 2.2.6.1(a) states that municipalities will support housing choice through the achievement of
the minimum intensification and targets in this Plan... by identifying a diverse range and mix of
housing options and densities, including additional residential units and affordable housing to meet
projected needs of current and future residents.
The subject site is located within the City's delineated built-up area. The proposed development
represents adaptive reuse of an existing building with a greater intensification of residential uses by
adding two residential units and adding one unit for commercial purposes. The proposed Special
Policy Area and site-specific zoning will allow for additional dwelling units and new uses within an
area that has existing servicing infrastructure, roads, trails, parks, and transit networks. This type of
redevelopment is critical to foster a complete community in built up areas where they are needed.
Staff is of the opinion that the applications conform to the Growth Plan.
Regional Official Plan (ROP):
The subject site is located within the Urban Area in the Regional Official Plan. Regional policies
require Area Municipalities to plan for a range of housing in terms of form, tenure, density, and
affordability to satisfy the various physical, social, economic, and personal support needs of current
and future residents.
Page 100 of 350
Furthermore, policy 2.D.1 states that in reviewing development applications, the Region and area
municipalities will ensure that development occurring within the urban area is planned and developed
in a manner that:
• is serviced by a municipal; drinking -water system and a municipal wastewater system
• contributes to the creation of complete communities with development patterns, densities
and an appropriate mix of land uses that supports walking, cycling and the use of transit
• respects the scale, physical character, and context of established neighbouhoods in areas
where re -urbanization is to occur.
On April 21, 2021, Regional Council endorsed Major Transit Stations Area (MTSA) boundaries as
part of the ongoing Regional Official Plan review, which includes these lands. Section 2.D.6(a) & (b)
states that MTSA's will be planned and developed to achieve increased densities that support and
ensure the viability of existing planned rapid transit service levels, and a mix of residential, office,
institutional and commercial development, wherever appropriate. The MTSA boundaries were part
of the amendment to the Regional Official Plan which was approved on August 18, 2022.
Planning staff is of the opinion that the proposed development conforms to the Regional Official Plan
and is appropriate for a built up area.
Regional staff have indicated that they have no objections to the proposed application (Appendix D)
Planning staff 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 located within a Major Transit Station Area (MTSA) and are located less than
300 metres (approximately 3 blocks south) from the Young -Duke Street bus transit stop and the
Kitchener City Hall LRT station. MTSA's are intended to be developed to achieve a mix of residential,
office, institutional and commercial uses. Properties within MTSAs are intended to have a built form
that is pedestrian friendly and transit oriented.
The subject lands are designated as `Office Residential Conversion' in the Civic Centre Secondary
Plan.
Section 13.1.2.6 states that the designation of Office Residential Conversion aims to both preserve
the existing structures in these areas and serve as a transition area between the higher intensity
uses along Weber Street and Queen Street and the Low Rise Residential — Preservation designation
of the interior of the neighbourhood. Permitted uses are restricted to single detached dwellings, and
the conversion of existing buildings to multiple dwellings up to a maximum of three units and
professional offices. Residential and office uses may be permitted to locate within the same building.
Conversions will be permitted only where no major structural alterations are required to the exterior
of the building. Planning staff are of the opinion that these lands are in a transition area and are an
opportunity for residential intensification within an established building, where the only structural
changes to the exterior of the building are in the form of a rear yard addition.
Amendment: Special Policy Area
Planning staff are recommending Special Policy Area 11 for the subject site to permit the uses of
artisan's establishment and restaurant within the same building as residential uses.
Transit Supportive Development
The Official Plan states that MTSAs are a conceptual representation of the area of a ten-minute
walking radius centered around the location of rapid transit station stops. The planned function of
MTSAs are to provide a focus for accommodation growth through development to support existing
and planned transit and rapid transit service levels; provide connectivity of various modes of
transportation to the transit system; achieve a mix of residential, office, institutional, and commercial
Page 101 of 350
development wherever appropriate and; have streetscapes and a built form that is pedestrian -
friendly and transit oriented.
The Official Plan contains policies that ensure that redevelopment locates the majority of transit
supportive uses within a comfortable walking distance of a transit stop. Section 3.C.2.22 a) i) states
that until such time as Station Area Plans are completed, in the interim, any development application
submitted within a Major Transit Station Area will be reviewed generally in accordance with the
Station Study Areas contained in the City's Planning Around Rapid Transit Station Areas (PARTS)
Project Plan and Background Report. In areas that are intended to be the focus for intensification,
development applications will support the planned function of Major Transit Station Areas and have
regard for the Regional Official Plan and the Transit Oriented Development Policies included in
Section 13.C.3.
Specifically policy 13.C.3.12 c) states that the City will apply Transit -Oriented Development
provisions when reviewing development and/or redevelopment applications on or near sites that are
served by existing or planned rapid transit to ensure that a redevelopment provides an appropriate
mix of land uses, including a range of food destinations that allow people to walk or take transit to
work, and provides a variety of services and amenities that foster vibrant, transit -supportive
neighbourhoods.
Planning staff notes that the subject site is approximately 300 metres from an LRT transit stop
located on Duke Street that provides connections to the broader Waterloo Region transit system.
The adaptive re -use of an existing building that is proximate to a transit corridor helps achieve this
objective in the Official Plan.
Urban Structure
The City's Urban Structure is composed of Intensification Areas which include the Urban Growth
Centre (Downtown), Major Transit Station Areas (MTSA), City Nodes, Community Nodes,
Neighbourhood Nodes, Urban Corridors and Arterial Corridors. They are connected by transit
corridors and the integrated transportation system which are key elements in shaping growth and
built form in the city.
Policy 3.C.2.1 states that lands within Urban Structure Components will be designated an
appropriate land use to achieve their planned function. The policies pertaining to each Urban
Structure component stipulate what the applicable land use designations may include.
The lands are identified as an MTSA in the 2014 Official Plan. In the Official Plan on Map 2 — Urban
Structure the lands appear within the MTSA circle for the Kitchener City Hall Station. Section
3.C.2.16 of the Official Plan indicates that MTSAs are designated in the Regional Official Plan and
are identified in the City's Official Plan as a conceptual representation of the area of a ten minute
walking radius centred around the location of the Rapid Transit Stops. In Section 3.C.2.18 it states
that the City, in collaboration with the Region and in accordance with Regional Official Plan, will
prepare Station Area Plans for each MTSA area located outside the UGC.
The Official Plan provides direction for detailed station area planning exercises, which have been
completed for Central, Midtown and Rockway stations areas. The subject lands are located within
the PARTS Central Plan. In December 2019 a statutory public meeting for the Neighbourhood
Planning Review project was held. No decisions were made at this meeting. Since then, the Region
of Waterloo commenced the Regional Official Plan Review project and as part of that work, the
Region proposed MTSA boundaries which were endorsed by Regional Council. Due to the changes
in the Provincial Growth Plan and the Region's Official Plan Review, the timeline for consideration
of the Secondary Plans has changed and the earliest implementation of the Neighhourhood Planning
Review work can be considered is early 2023.
Page 102 of 350
Housinci
The Official Plan supports the provision of suitable, affordable and attractive living accommodations
for all residents and identifies that housing is a basic necessity and determinant of quality of life. An
objective within the housing policies in the Official Plan is to encourage residential intensification
and/or redevelopment, including adaptive re-use and infill opportunities to respond to changing
housing needs and as a cost-effective means to reduce infrastructure and servicing costs by
minimizing land consumption and making better use of existing community infrastructure.
Planning staff is of the opinion that the proposed re-use of the existing building is a good example
of residential intensification and responding to changing housing needs in an efficient manner.
Proposed Zoning By-law Amendment:
The subject property is zoned Residential Five Zone (R-5) with Special Use Provision 164U in Zoning
By-law 85-1. The R-5 zone permits multiple dwellings up to a maximum of 3 dwelling units and 164U
permits office and accessory uses only within the buildings existing on January 24, 1994.
The applicant has requested to add an artisan's establishment and restaurant as permitted uses
within the same building as residential units. Furthermore, site-specific zoning regulations for lot
width, lot area and parking have also been requested to legalize the existing size of the lot, and to
permit a reduced parking rate for the commercial uses of artisan's establishment and restaurant.
The minimum lot width and lot area required within the Zoning By-law is 15 metres and 495 square
metres respectfully. The request will legalize the existing lot width and lot area, which will have
minimal impacts on the surrounding neighbourhood. The requested parking reduction of 1 parking
space per 167 square meters for commercial use, requires only 1 parking space for the commercial
uses whereas the required parking calculation of 1 space per 40 square metres for artisan's
establishment and 1 space per 7.5 square metres for restaurant use, which would require a
substantial increase in parking spaces that the development would not be able to provide. Staff
support the parking reduction as there are adequate alternative modes of transportation available
due to the proximity of the LRT and bus stops. Furthermore, the applicant is proposing 4 Class A,
and 6 Class B bicycle parking spaces.
Staff is of the opinion that the proposed site specific provision to permit an artisan's establishment
and restaurant within the same building as residential uses conforms to Official Plan policies that
allow for residential intensification within existing buildings in a MTSA. This proposal will provide an
opportunity for an adaptive re-use form of redevelopment that will offer a slight increase to the City's
supply of housing stock, and allow for a small scaled non-residential uses. Staff is of the opinion that
the requested zoning by-law amendment represents good planning. Staff recommend that the
proposed Zoning By-law amendment be approved as shown in Attachment "B".
Department and Agency Comments:
Preliminary circulation of the Official Plan Amendment and Zoning By-law Amendment was
undertaken on June 3, 2022 to applicable City departments and other review authorities. No
concerns were identified by any commenting City department or agency. Copies of the comments
are found in Attachment "D" of 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 Inc., March 2022
Page 103 of 350
• Heritage Conservation Plan
Prepared by RFB Development, October 2021
• Functional Servicing and SWM Brief
Prepared by MTE Consultants, March 2022
• Transportation Impact Study
Prepared by Paradigm Transportation Solutions Ltd., March 2022
• Tree Management Plan
Prepared by GSP Group Inc., February 2022
Heritage Considerations
The property municipally addressed as 27 Roy Street is located within the Civic Centre
Neighborhood Heritage Conservation District (CCNHCD) and is designated under Part V of the
Ontario Heritage Act. The property is identified as a Group `B' in the CCNHCD Plan. Heritage staff
have reviewed the Planning Justification Report and Conservation Plan submitted, and Heritage staff
have the following comments:
• The proposed development will preserve the existing building, and repair and restore the
identified heritage attributes of the existing building. Furthermore, the two additions that
have been proposed for the development are located on the rear elevation of the property
and are not anticipated to detract from the cultural heritage value of the property. No
adverse impacts to the building, the streetscape or the district are anticipated because of
the OPA and ZBA. As such, heritage planning staff have no concerns with the proposed
ZBA and OPA.
However, Heritage Planning staff require that an updated Conservation Plan be submitted
at the Site Plan Application stage demonstrating conformity with the policies for alterations
and additions included within the CCNHCD as neither the Conservation Plan nor the
Planning Justification Report include those currently.
A heritage permit will be required to undertake the proposed work included within the
Conservation Plan.
Staff will be providing additional comments at the Site Plan Application stage.
Community Input and Staff Response:
Staff mailed postcards advising of the applications the week of June 3, 2022 to residents and
property owners within 240 metres of the subject site. As a result of the circulation, staff only received
two responses. Staff reached out to each respondent individually by email rather than having a
neighbourhood meeting. One respondent expressed support for the proposal, and the other
requested further information on specific zoning requirements, definitions of artisan's establishment,
and timing on when Zoning By-law 2019 would come into effect, which was subsequently provided.
Neither respondent had expressed any concerns with the applications.
Planning Conclusions:
In considering the foregoing, staff are supportive of the proposed Official Plan Amendment and
Zoning By-law Amendment applications to permit an artisan's establishment and restaurant uses
within the same building as a residential use. Staff is of the opinion that the subject applications are
consistent with policies of the Provincial Policy Statement (2020), conform to the Growth Plan for the
Greater Golden Horseshoe, the Regional Official Plan, and the City of Kitchener Official Plan and
represent good planning.
Page 104 of 350
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 — This report has been posted to the City's website with the agenda in advance of the
committee meeting. A billboard notice sign was posted on the property and information regarding
the application posted to the City's website in June 2022. A notice of the public meeting was placed
in the newspaper on August 19, 2022 (Attachment "C").
CONSULT — The notice of application postcard for the proposed Official Plan Amendment and
Zoning By-law Amendment was circulated to property owners and residents within 240 metres of the
subject site on June 3, 2022. In response to the circulation, 2 responses were received by email.
Both respondents were contacted by email. There are no outstanding community comments.
PREVIOUS REPORTS/AUTHORITIES:
• Zoning By-law 85-1
• Official Plan
• Civic Centre Secondary Plan
• Regional Official Plan
• Provincial Policy Statement, 2020
• Planning Act
• Growth Plan for the Greater Golden Horseshoe, 2020
APPROVED BY: Justin Readman — General Manager, Development Services
ATTACHMENTS:
Attachment A — Proposed Official Plan Amendment and Schedule A
Attachment B — Proposed Zoning By-law Amendment and Map
Attachment C — Newspaper Notice
Attachment D — Department and Agency Comments
Attachment E — Public Comments
Page 105 of 350
AMENDMENT NO. ## TO THE OFFICIAL PLAN
OF THE CITY OF KITCHENER
CITY OF KITCHENER
27 Roy Street
Page 106 of 350
AMENDMENT NO. ## TO THE OFFICIAL PLAN
OF THE CITY OF KITCHENER
CITY OF KITCHENER
27 Roy Street
Iki,IW*V11
SECTION 1 TITLE AND COMPONENTS
SECTION 2 PURPOSE OF THE AMENDMENT
SECTION 3 BASIS OF THE AMENDMENT
SECTION 4 THE AMENDMENT
APPENDICES
APPENDIX 1 Notice of the Meeting of Planning and Strategic
Initiatives Committee of September 12, 2022
APPENDIX 2 Minutes of the Meeting of Planning and Strategic
Initiatives Committee — September 12, 2022
APPENDIX 3 Minutes of the Meeting of City Council — September 26,
2022
Page 107 of 350
AMENDMENT NO. TO THE OFFICIAL PLAN
OF THE CITY OF KITCHENER
SECTION 1 — TITLE AND COMPONENTS
This amendment shall be referred to as Amendment No. to the Official Plan of the City
of Kitchener. This amendment is comprised of Sections 1 to 4 inclusive and Schedule `A'.
SECTION 2 — PURPOSE OF THE AMENDMENT
The purpose of this amendment is to add Special Policy Area 11 to the Civic Centre
Secondary Plan and to add a Special Policy Area 11 to Map 9 in the Official Plan. Special
Policy Area 11 permits an artisan's establishment and restaurant as permitted uses for the
subject property, municipally known as 27 Roy Street.
The amendment comprises of the following changes:
Map 9 is proposed to be amended by adding Special Policy Area 11 to the lands
municipally known as 27 Roy Street.
Section 13.1.13 is proposed to be amended by adding Special Policy 13.1.3.11 to
permit an artisan's establishment and restaurant as permitted uses within a building
containing a residential use.
SECTION 3 — BASIS OF THE AMENDMENT
The subject lands are located at 27 Roy Street. The subject lands are designated "Office -
Residential Conversion" in the Civic Centre Secondary Plan, which forms part of the
Official Plan. The purpose of the Office Residential Conversion designation is to "preserve
the existing structures in these areas and to serve as a transition area between the higher
intensity uses along Weber Street and Queen Street and the Low Rise Residential —
Preservation designation of the interior of the neighbourhood". Permitted uses for lands
designated as Office -Residential Conversion include the conversion of existing buildings
to multiple dwellings up to a maximum of three units. The subject lands are also located
within a Major Transit Station Area (MTSA) which is considered a primary intensification
area.
An Official Plan Amendment is required to add a Special Policy Area to permit an artisan
establishment and restaurant as permitted uses within a building containing a residential
use.
The proposed development, being a mixed-use building with three dwellings units and an
artisans establishment and restaurant, will implement the planned function set out in the
Official Plan for lands within a MTSA as being a compact, dense and transit supportive,
Page 108 of 350
while still maintaining a low-rise form of development.
The proposal is consistent with the Provincial Policy Statement, conforms to the Growth
Plan and complies with the Regional Official Plan, as it promotes walkability, is transit -
supportive, maximizes the use of existing and new infrastructure, and will permit a
compact and complete community through the repurposing of existing space. The
additional uses are proposed to be within the existing building, with minor exterior
changes including an addition in the rear yard. The proposed development implements
the planned function of a Major Transit Station Area as prescribed in the Official Plan.
SECTION 4 — THE AMENDMENT
1. The Civic Centre Secondary Plan is hereby amended as follows:
a. Part 3, Section 13.1.3 Special Policies is amended by adding Special Policy
13.1.3.11 thereto as follows:
11. Notwithstanding the Office -Residential Conversion land use
designation and policies applied to the property located at 27 Roy
Street, an artisan's establishment and restaurant shall also be
permitted within a building containing a residential use."
b. Map 9 — Civic Centre Neighbourhood Plan for Land Use is amended by
adding Special Policy Area No. 11 to the lands municipally addressed as 27
Roy Street as shown on the attached Schedule W.
Page 109 of 350
APPENDIX 1 - Notice of the Meeting of Planning and Strategic Initiatives -
Committee of September 12, 2022
Page 110 of 350
APPENDIX 2 - Minutes of the Meeting of Planning and Strategic Initiatives
Committee - September 12, 2022
Page 111 of 350
APPENDIX 3 - Minutes of the Meeting of City Council - September 26, 2022
Page 112 of 350
<1Z
(0
z�
(0
O
a ° 76- (2) )L c
.--. (2) • °
Q d W (0 a) o (0 a) C L
V p N ° -0-a ° ca ° >
) cuU c
L L
CU
LL w0p d °� a � > E - � � j
O H 2 z
O�z�a - a°) a) � a) o E a`) L o Y w°. -a -a c—Q
�CU
HWpJ a n U o E
� E ° ° °/°° °
W z Z LUv o Eaci� c _
UmOW U °-0
W o
c o U)
Up�OZ aci aci U
F- W V W Q a� a� 0 c ai 0 c u°i d Q ca o o Q a� ami
LL za D 0 0 E= -a U U 0O�cn
O a o 0 0 ° °_� °_� x o o a c o o_
J J J 2 I O 2 I 2 U Z m U) a U QLL��
¢; e � �:•■
UJI
n;
CO
f
Ih, �'r, - 11111:1:1.4
,�•• `t,ti � r :ti if .7 ' °.} - \ � { — -
Al
C°M13 r
Z
7 _
N
0
N
COfx
O
N
NQ
m
N
a
LL O E
O
o
z
O
Z
Z
W
L J
0-
W
F-
LLI
Zz Lu
S
W
U a
2
Q'o
Q
YW
Z
Q2
J
0 >
J
i
m
w
Z
a
C)
Z
o
LL
Z
>
O
ON
o
0
w
U)
w
U) N
w o
Of O N
H O C:5-
LLI
O co
r Q
w
J
U Q
U) 0
a =
w ° F--
J m C/)
O
� Q �
_ L ti
U o
N
z
O
PROPOSED BY-LAW
September 12, 2022
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 — Ronald Fiami Brohman
- 27 Roy Street)
WHEREAS it is deemed expedient to amend By-law 85-1 for the lands specified above,-
NOW
bove;
NOW THEREFORE the Council of the Corporation of the City of Kitchener enacts as
follows:
1. Schedule Number 121 of Appendix "A" to By-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 Residential Five Zone (R-5) with
Special Use Provision 164U to Residential Five Zone (R-5) with Special Use Provision
164U and Special Regulation Provision 781 R.
2. Schedule Number 121 of Appendix "A" to By-law Number 85-1 is hereby further amended
by incorporating additional zone boundaries as shown on Map No. 1 attached hereto.
3. Appendix "D" to By-law 85-1 is hereby amended by adding Section 781R thereto as
follows:
"781. Notwithstanding Sections 39.1 and 39.2.4 and Special Use Provision
164U of this By-law, within the lands zoned Residential Five Zone (R-5),
shown as affected by this subsection, on Schedule Number 121 of
Appendix "A", the following special regulations shall apply:
a) An Artisan's Establishment and Restaurant shall be permitted
uses and may locate within a building containing residential uses;
b) the Minimum lot area shall be 418.06 square metres;
C) the Minimum lot width shall be 13.72 metres; and
Page 114 of 350
d) Off -Street Parking For Commercial Uses shall be 1 parking space
per 167 square metres of gross floor area."
4. This By-law shall become effective only if Official Plan Amendment No. _ (27 Roy
Street) comes into effect, pursuant to Section 24(2) of the Planning Act, R.S.O. 1990, c.
2022.
P.13, as amended.
PASSED at the Council Chambers in the City of Kitchener this _ day of ,
Mayor
Clerk
Page 115 of 350
a
L�j�x
LL O E
0
N
/ m
)
C/) N
L.I� v J
L 1_
O \
O O z
N O z
\ Z
m Q La
N a
O Ate+ W
W
W Z �Q
W Vn
D
o
+_�
wz�i0
Q �O2 LU �
Q U)
Z
W
J J �a
rmaV0
V Q i
Z U o
Z LL
N O
id
.'
of
o
M
�Z
/
O
of
rn
W
0
0
ZO
w0 W
OU
U
ZO F- F
U)
Q
i
J J J W
'n z 0
ZLLJ Z�Z�
—0 d
Q Q Q J J U)
H F- F- Q W Q�
of
W
X
W W
Z
LO
00
La
0o
Z Z Z F Z
�
W O z
OizpiO
a >0N0
o � � Z W� F X
U U U W
O Z N O
W N O w= w
Q
J
LLI
_
J LL a W d Of af a
r1iO- U)
�' �' �' Z W U`
U)
Lu N
Z> X> U` Z
U U
Z m H
Q
m Q W W W U`
U)
Q Q Q O �' Y Z (n
W
rjLU
LL (n (n W Z
N Z
J
W
♦- J� W
0 Z
Q d'
W
of U) Q W} W
Z
Y J J J J J
d' Q Q Q Q Q
W_
Q O Z
w
Q
LLIJ J
H p Q Z Q Q
0- 5-0
- W W W 0 d' Z z Z
d Z Z Z Z Z
O
Z X N O
H
W U w W w U
coo 2 2 2 J U 2 Y=
�
0 0 0 0 0 0
J Z W N
W
LLI
p��ILLLI FnILa
O O O W LL O Q O
m U U U U U
w w w w w
C7pdW
IL
m
W W O p
J N ch d' O U o z
N Z
a �' d' d' �' d'
Z 2 Q U
U)
o - O -Z
Q Q LL H� Q
v «� N j0D0�
CO U 0 0 0 0 0 0- 2 N
u� co ao rn
2 N a o�- a� a� a� of
o
N U O Y
M 04
v �`
U
�N U�
U
oar
_• -�
�,
1
r
e
o
N
aae
N
a
,e�
1
N
� r
C4 C4
a
L�j�x
LL O E
0
N
/ m
)
C/) N
L.I� v J
L 1_
O \
O O z
N O z
\ Z
m Q La
N a
O Ate+ W
W
W Z �Q
W Vn
D
o
+_�
wz�i0
Q �O2 LU �
Q U)
Z
W
J J �a
rmaV0
V Q i
Z U o
Z LL
N O
id
.'
M
/
oar
_• -�
�,
NOTICE OF PUBLIC MEETING
F
for a development in your neighbourhood %\
27 Roy Street K�T�R
Have Your Voice Heard!
Curren
Date: September 12, 2022
Time: 6:00 p.m.
Location: Council Chambers,
Kitchener City Hall
200 King Street West
orirtual Zoom Meeting
To view the staff report, agenda,
find meeting details or to
appear as a delegation, visit:
kitchener.ca/meetings
To learn more about this project,
including information on your
appeal rights, visit:
www.kitchenenca/
Pla n n i ngAppl ications
or contact:
Mixed Use Parking Heritage Tim Seyler, Planner
Building Reduction Conservation 519.741.2200 x 7860
ti m.seyler@ kitchener.ca
Official Plan and Zoning By-law Amendment applications will be considered to facilitate
the redevelopment of the existing building to a mixed-use building that will permit
residential uses, an artisan's establishment and a restaurant use. The amendments also
propose to permit a parking rate of 1 parking space per 167 square metres of floor area,
a reduced lot width of 13.7 metres and a reduced lot area of 418 square metres.
Page 117 of 350
Attachment D
Date: July 5, 2022
To: Tim Seyler, Planner
From: Deeksha Choudhry, Heritage Planner
cc:
Subject: ZBA22/010/R/TS
OPA22/006/R/TS
27 Roy Street
Heritage Planning Comments
Heritage Planning staff have reviewed the following documents which have informed these
comments:
• OPA and ZBA applications for 27 Roy Street
• Planning Justification Report for the proposed development at 27 Roy Street
• Heritage Conservation Plan for the proposed development at 27 Roy Street
The property municipally addressed as 27 Roy Street is located within the Civic Centre
Neighborhood Heritage Conservation District (CCNHCD) and is designated under Part V of the
Ontario Heritage Act. The property is identified as a Group `B' in the CCNHCD Plan.
Plannina Justification Reoort oreoared by GSP Grouo. dated March 2022
The Planning Justification Report prepared by GSP Group in support of these applications
acknowledges the following:
• That the subject property is located within the CCNHCD;
• The proposed development will retain and preserve the existing building;
• Certain heritage attributes have been identified within the Conservation Plan, with the
recommendation to repair and replace heritage attributes that are in poor condition; and
• Existing massing of the building and frontage of the building along Roy Street will not be
altered.
Conservation Plan prepared by RFB Development, dated October 2021
The Conservation Plan prepared by RFB Development for the subject property makes the
following observations and recommendations:
• The subject property will be retained and re -used as part of the proposed development.
However, it is in a significant state of disrepair and deterioration.;
• The exterior brick fagade is in a good condition, a number of exterior wood elements have
deteriorated.
• The existing roof profile and shape is to be preserved;
• The windows in the building will be replaced with new windows since the existing wood
windows are in a poor condition;
• The deteriorated decorative trim on the front fagade will be restored; and
• Two (2) additions are proposed in the rear of the building — one addition for stairs, and
one expansion on the third floor od the existing building.
The Conservation Plan is still in its draft stage and as not been approved by the Director of
Planning. Staff will be sending comments regarding the Conservation Plan to the applicant.
Page 118 of 350
Heritage Planning Comments
Heritage Planning Staff provide the following comments with regard to the proposed ZBA and
OPA applications:
• The proposed development will preserve the existing building, and repair and restore the
identified heritage attributes of the existing building. Furthermore, the two additions that
have been proposed for the development are located on the rear elevation of the property
and are not anticipated to detract from the cultural heritage value of the property. No
adverse impacts to the building, the streetscape or the district are anticipated because
of the OPA and ZBA. As such, heritage planning staff have no concerns with the
proposed ZBA and OPA.
• However, Heritage Planning staff require that an updated Conservation Plan be
submitted at the Site Plan Application stage demonstrating conformity with the policies
for alterations and additions included within the CCNHCD as neither the Conservation
Plan nor the Planning Justification Report include those currently.
• A heritage permit will be required to undertake the proposed work included within the
Conservation Plan.
Staff will be providing additional comments at the Site Plan Application stage.
Page 119 of 350
Address: 27 Roy St
Owner: RFB Developments Inc
Application: OPA22/006/R/TS and ZBA22/010/R/TS
Comments Of: Parks and Cemeteries
Commenter's Name: Lenore Ross
Email: Lenore. ross@kitchener.ca
Phone: 519-741-2200 ext 7427
Date of Comments: June 29 2022
❑ 1 plan to attend the meeting (questions/concerns/comments for discussion)
❑X No meeting to be held
❑ I do NOT plan to attend the meeting (no concerns)
1. Documents Reviewed:
I have reviewed the documentation noted below submitted in support of an OPA and ZBA to convert
the existing building to a mixed-use building, containing 3 residential dwelling units, and 1 non-
residential unit consisting of an artisan establishment, restaurant and community space. To facilitate
the redevelopment, the owner has requested to add a special policy area to the Official Plan to allow
the "Artisan Establishment and Restaurant uses and that a special use provision be added to the
zoning by-law to allow the "Artisan Establishment" and Restaurant uses. As well as site-specific
regulations to permit a minimum lot area of 418 m2, and a minimum lot width of 13.7 metres and a
reduction in the parking requirement to a rate of 1 space per 167 m2 of floor area for the commercial
uses.
1. GSP Group Inc. — Planning Justification Report dated March 2022
2. GSP Group Inc. — Vegetation Management Plan rev #1 dated Feb 08 2022
3. RFB Development - Proposed Floor Plans dated 2021-02-25
2. Site Specific Comments & Issues:
Parks and Cemeteries has no concerns with the proposed OPA and ZBA and can support the
applications. All Parks and Cemeteries requirements related to Parkland Dedication and protection
of existing street trees will be deferred and addressed at a Site Plan application.
3. Comments on Submitted Documents
1) GSP Group Inc. —Planning Justification Report dated March 2022
a) No concerns
2) GSP Group Inc. —Vegetation Management Plan rev #1 dated Feb 08 2022
a) There is an existing City owned tree within the Roy St boulevard (tree ID #10043396 — Syringa
reticulata) that should be protected in place throughout al proposed construction. A Tree
Protection and Enhancement Plan will be reviewed and approved through the required site
plan application process
b) Appropriate signatures/stamps will be required on a submission at that time
4. Policies, Standards and Resources:
Page 120 of 350
• Kitchener Official Plan Policy
As per Section 8.C.2 — Urban Forests of the Official Plan ...
o policy 8.C.2.16., the City requires the preparation and submission of a tree management plan
in accordance with the City's Tree Management Policy (available on the City's Website), as a
condition of a development application.
o policy 8.C.2.6., the City will incorporate existing and/or new trees into the streetscape or road
rights-of-way and encourage new development or redevelopment to incorporate, protect and
conserve existing healthy trees and woodlands in accordance with the Urban Design Policies
in Section 13 (Landscape and Natural Features) of the Urban Design Manual (UDM) and the
Development Manual.
o Please see UDM Part C, Section 13 and www.kitchener.ca/treemanaeement for detailed
submission requirements
• City of Kitchener Parkland Dedication Policy
• City of Kitchener Development Manual
• PARTS Central Plan
• Cycling and Trails Master Plan (2020)
• Chapter 690 of the current Property Maintenance By-law
• Parks Strategic Plan
• Multi -Use Pathways & Trails Masterplan
• Urban Design Manual
• Places and Spaces (Draft)
5. Anticipated Fees:
The parkland dedication requirement for this submission is deferred and will be assessed at a future Site
Plan Application. Parkland dedication will be assessed based on the land use class(es) and density
approved through the OPA and ZBA and required as a condition of Site Plan Approval
Parkland dedication will be assessed as cash in lieu for the application
Dedication requirements are subject to the Parkland Dedication Policy current at the time of a formal site
plan application. Please be advised that the City of Kitchener Parkland Dedication Policy is currently under
review
From: Dave Seller <Dave.Seller@kitchener.ca>
Sent: Monday, July 4, 2022 9:00 AM
To: Tim Seyler <Tim.Seyler@kitchener.ca>
Subject: OPA/ZBA comments: 27 Roy Street
City of Kitchener
Application Type: Zoning By-law and Official Plan Amendments
Application: ZBA22/010/R/TS and OPA22/006/R/TS
Project Address: 27 Roy Street
Comments of: Transportation Services
Page 121 of 350
Commenter's Name: Dave Seller
Email: dave.seller@kitchener.ca
Phone: 519-741-2200 ext. 7369
Date of Comments: July 4, 2022
a. Transportation Services have no concerns with the proposed Zoning By-law or Official Plan
Amendments.
b. After reviewing the Transportation Impact Brief (March 10, 2022) submitted by Paradigm
Transportation Solutions Limited, Transportation Services offer the following comments.
The applicant is proposing to redevelop the existing house into three residential units on the upper
levels and 167m' (1,800 ft') art gallery/community studio space on the ground floor and basement.
The development is estimated to generate 3 AM and 1 PM peak hour vehicle trips, with one access
point servicing the site along the Roy Street frontage.
Under existing traffic operations and 2026 Total Traffic Operations, Roy Street is functioning with
acceptable Levels of Service and volume to capacity ratios in the AM and PM peak hours.
Based on the City of Kitchener's current zoning by-law 85-1, the site would require a total of seven
parking spaces, were three spaces would be allocated for the residential use and four spaces for the
art gallery. The applicant is proposing to provide a total of four parking spaces, three spaces for the
residential use and one space for the art gallery. The equates to a three parking space shortfall for
the art gallery as the residential parking requirement is being fulfilled.
To address the art gallery parking space short fall, Paradigm has provided the following analysis. This
site is well situated to take advantage of the active transportation options in the area. Within 500m
of the development there are two ION stations that operate with 10-15 minute headways and four
Grand River Transit routes that operate with 15-60 minute headways. For those who choose to walk,
pedestrians can access the site via existing sidewalks that are provided on both sides of roadways in
the area that have access to restaurants, commercial/employment uses, Kitchener Public Library,
the Centre in the Square and the downtown core. Cycling is another available option to/from the
site. There are dedicated and shared cycling services in the area, as well as being located near the
future Downtown Cycling Grid. It should be noted that the applicant will be providing 4 Class A
secure and 6 Class B bicycle parking spaces to encourage/promote cycling.
A left turn lane analysis was completed for Roy Street at the site access and under the 2026 Total
Traffic Operations and conclude that a left turn lane is not warranted along Roy Street. The analysis
followed the requirements in the Ministry of Transportation of Ontario (MTO) and Transportation
Association of Canada (TAC) design guide.
Therefore, based on Paradigm's analysis and conclusions within their report, Transportation Services
are of the opinion that the traffic generated by this development will have minimal impact on the
surrounding road network and that the proposed parking supply of four spaces will be sufficient.
Page 122 of 350
Dave Seller, C.E.T.
Traffic Planning Analyst I Transportation Services I City of Kitchener
519-741-2200 ext. 7369 1 TTY 1-866-969-9994 1 dave.seller@kitchener.ca
000
Page 123 of 350
City of Kitchener
Pre -submission Application Comment Form
Project Address: 27 Roy St
Date of Meeting: N/A
Application Type: ZBA / OPA
Comments Of: Development Engineering
Commenter's Name: Eric Riek
Email: eric.riek@kitchener.ca
Phone: 519-741-2200 ext. 7330
Date of Comment:
❑ I plan to attend the meeting (questions/concerns/comments for discussion)
X I do NOT plan to attend the meeting (no concerns)
1. Site Specific Comments & Issues:
• No specific concerns, engineering has reviewed the functional servicing report and have no
concerns or any additional requirements for the OPA/ZBA application.
2. Plans, Studies and Reports to submit as part of a complete Planning Act Application:
Zoning Bylaw Amendment:
• For the OPA/ZBA a Functional Servicing Report showing outlets to the municipal servicing
system along with the storm and sanitary design sheets are required to the satisfaction of
Engineering Services. The sanitary zoned and actual peak flow must also be submitted to run
the sanitary capacity modeling. The City of Kitchener will use this information to determine if
there are any downstream issues. If the capacity analysis determines that the pipes will need to
be upgraded to support the development, then these upgrades will be rolled into the
development costs. Further studies will be required at the time of development to determine
the approximate amount of sanitary sewers that will need to be upgraded to accommodate the
above developments.
• FOR SITES LOOKING FOR A SPECIAL REGULATION TO THE EXISTING ZONING THAT WILL
SIGNIFICANTLY INCREASE THE FLOOR SPACE RATIO (POPULATION) i.e. NOT CHANGING THE
ZONING (if applicable) - Please note that since zoned flows for this development are not
reflective of the development application, population should be based off of the Regions 2020
Water and Wastewater Monitoring Report. Section 2.4 — Development Data establishes a
People Per Unit (PPU) based on Structure Type and assigns Apartments as having a PPU of 1.77.
Please multiply 1.77 by the number of units in the building. Furthermore, the City's Average
Daily Residential Sanitary Flow rate is 305L/day/cap and the City's Average per second
Residential Sanitary Flow rate is 0.0035L/sec/cap. Please be advised that the process
Engineering is noting above is specific to this development.
• For the OPA/ZBA a Water Distribution Report is required to the satisfaction of Engineering
Services in consultation with Kitchener Utilities and the Region of Waterloo.
Page 124 of 350
From: Mike Seiling <Mike.Seiling@kitchener.ca>
Sent: Friday, June 3, 2022 11:11 AM
To: Tim Seyler <Tim.Seyler@kitchener.ca>
Subject: FW: Circulation for Comment - Official Plan & Zoning By-law Amendments (27 Roy Street)
Building; no concerns
From: Christine Kompter<Christine.Kompter@kitchener.ca>
Sent: Friday, June 3, 2022 11:04 AM
To: _DL_#_DSD_Planning <DSD-PlanningDivision@kitchener.ca>; Aaron McCrimmon-Jones
<Aaron.McCrimmon-Jones@kitchener.ca>; Bell - c/o WSP <circulations@wsp.com>; Dave Seller
<Dave.Seller@kitchener.ca>; David Paetz <David.Paetz@kitchener.ca>; Feds <vped@feds.ca>; GRCA-
Planning (planning@grandriver.ca) <planning@grandriver.ca>; Greg Reitzel
<Greg.Reitzel@kitchener.ca>; Hydro One - Dennis DeRango <landuseplanning@hydroone.com>; Jim
Edmondson <Jim.Edmondson@kitchener.ca>; Justin Readman <Justin.Read man@kitchener.ca>;
Katherine Hughes<Katherine.Hughes@kitchener.ca>; K -W Hydro - Greig Cameron
<gcameron@kwhydro.on.ca>; Laura Anderson <Laura.Anderson@kitchener.ca>; Mike Seiling
<Mike.Seiling@kitchener.ca>; Ontario Power Generation<Executivevp.lawanddevelopment@opg.com>;
Park Planning (SM) <Park.Planning@kitchener.ca>; Region - Planning
<PlanningApplications@regionofwaterloo.ca>; Property Data Administrator (SM)
<PropDataAdmin@kitchener.ca>; Robert Morgan <Robert.Morgan@kitchener.ca>; Steven Ryder
<Steven.Ryder@kitchener.ca>; Sylvie Eastman <Sylvie.Eastman@kitchener.ca>; WCDSB - Planning
<planning@wcdsb.ca>; WRDSB - Board Secretary (elaine burns@wrdsb.ca) <elaine burns@wrdsb.ca>;
WRDSB - Planning <planning@wrdsb.ca>
Cc: Tim Seyler <Tim.Seyler@kitchener.ca>
Subject: Circulation for Comment - Official Plan & Zoning By-law Amendments (27 Roy Street)
Please see attached. Additional documentation can be found in AMANDA folders 22-111233 & 22-
111234 (City staff) and ShareFile (external agencies).
Comments or questions should be directed to Tim Seyler, Planner (copied on this email).
Christine Kompter
Administrative Assistant I Planning Division I City of Kitchener
200 King Street West, 6t" Floor I P.O. Box 1118 Kitchener ON N2G 4G7
519-741-2200 ext. 7425 1 TTY 1-866-969-9994 christine.kompter@kitchener.ca
ODt3 OOmOG
Page 125 of 350
From: Gaurang Khandelwal <Gaurang.Khandelwal@kitchener.ca>
Sent: Monday, July 4, 2022 9:18 AM
To: Tim Seyler <Tim.Seyler@kitchener.ca>
Subject: RE: Circulation for Comment - Official Plan & Zoning By-law Amendments (27 Roy Street)
Hi Tim,
No concerns from sustainability
Regards,
Gaurang Khandelwal (he/him), MA, MCIP, RPP
Planner (Policy) I Planning Division I City of Kitchener
519-741-2200 x 7611 1 TTY 1-866-969-9994 1 qaurana.khandelwala-kitchener.ca
OM OCCK0490
From: Christine Kompter<Christine.Kompter@kitchener.ca>
Sent: Friday, June 3, 2022 11:04 AM
To: _DL_#_DSD_Planning <DSD-PlanningDivision@kitchener.ca>; Aaron McCrimmon-Jones
<Aaron.McCrimmon-Jones@kitchener.ca>; Bell - c/o WSP <circulations@wsp.com>; Dave Seller
<Dave.Seller@kitchener.ca>; David Paetz <David.Paetz@kitchener.ca>; Feds <vped@feds.ca>; GRCA-
Planning (planning@grandriver.ca) <planning@grandriver.ca>; Greg Reitzel
<GreR.Reitzel@kitchener.ca>; Hydro One - Dennis DeRango <landuseplanning@hvdroone.com>; Jim
Edmondson <Jim.Edmondson@kitchener.ca>; Justin Readman <Justin.Read man@kitchener.ca>;
Katherine Hughes<Katherine.Hughes@kitchener.ca>; K -W Hydro - Greig Cameron
<gcameron@kwhydro.on.ca>; Laura Anderson <Laura.Anderson@kitchener.ca>; Mike Seiling
<Mike.SeilinR@kitchener.ca>; Ontario Power Generation <Executivevp.lawanddevelopment@opg.com>;
Park Planning (SM) <Park.Planning@kitchener.ca>; Region - Planning
<PlanningApplications@regionofwaterloo.ca>; Property Data Administrator (SM)
<PropDataAdmin@kitchener.ca>; Robert Morgan <Robert.Morgan@kitchener.ca>; Steven Ryder
<Steven.Ryder@kitchener.ca>; Sylvie Eastman <Sylvie.Eastman@kitchener.ca>; WCDSB - Planning
<planning@wcdsb.ca>; WRDSB - Board Secretary (elaine burns@wrdsb.ca) <elaine burns@wrdsb.ca>;
WRDSB - Planning <planning@wrdsb.ca>
Cc: Tim Seyler <Tim.Seyler@kitchener.ca>
Subject: Circulation for Comment - Official Plan & Zoning By-law Amendments (27 Roy Street)
Please see attached. Additional documentation can be found in AMANDA folders 22-111233 & 22-
111234 (City staff) and ShareFile (external agencies).
Comments or questions should be directed to Tim Seyler, Planner (copied on this email).
Christine Kompter
Administrative Assistant I Planning Division I City of Kitchener
200 King Street West, 6t" Floor I P.O. Box 1118 Kitchener ON N2G 4G7
519-741-2200 ext. 7425 1 TTY 1-866-969-9994 christine.kompter@kitchen er.ca
Page 126 of 350
From: Trevor Heywood <theywood@grand river.ca>
Sent: Friday, June 3, 2022 11:58 AM
To: Tim Seyler <Tim.Seyler@kitchener.ca>
Subject: [EXTERNAL] RE: Circulation for Comment - Official Plan & Zoning By-law Amendments (27 Roy
Street)
Hey Tim,
This is not regulated by the GRCA and we have no comment.
Thanks,
Trevor Heywood
Resource Planner
Grand River Conservation Authority
theywood(darandriver.ca
www.grandriver.ca I Connect with us on social media
From: Christine Kompter<Christine.Kompter@kitchener.ca>
Sent: Friday, June 3, 2022 11:04 AM
To: _DL_#_DSD_Planning <DSD-PlannineDivision@kitchener.ca>; Aaron McCrimmon-Jones
<Aaron.McCrimmon-Jones@kitchener.ca>; Bell - c/o WSP <circulations@wsp.com>; Dave Seller
<Dave.Seller@kitchener.ca>; David Paetz <David.Paetz@kitchener.ca>; Feds <vped@feds.ca>; Planning
<plannine@erandriver.ca>; Greg Reitzel <Gree.Reitzel@kitchener.ca>; Hydro One - Dennis DeRango
<landuseplannine@hydroone.com>; Jim Edmondson <Jim.Edmondson@kitchener.ca>; Justin Readman
<Justin.Read man@kitchener.ca>; Katherine Hughes<Katherine.Hughes@kitchener.ca>; K -W Hydro -
Greig Cameron <Rcameron@kwhydro.on.ca>; Laura Anderson <Laura.Anderson@kitchener.ca>; Mike
Seiling <Mike.Seiline@kitchener.ca>; Ontario Power Generation
<Executivevp.lawanddevelopment@opg.com>; Park Planning (SM) <Park.Planning@kitchener.ca>;
Region - Planning<PlanningApplications@regionofwaterloo.ca>; Property Data Administrator (SM)
<PropDataAdmin@kitchener.ca>; Robert Morgan <Robert.Morgan@kitchener.ca>; Steven Ryder
<Steven.Ryder@kitchener.ca>; Sylvie Eastman <Sylvie.Eastman@kitchener.ca>; WCDSB - Planning
<planning@wcdsb.ca>; WRDSB - Board Secretary (elaine burns@wrdsb.ca) <elaine burns@wrdsb.ca>;
WRDSB - Planning <planning@wrdsb.ca>
Cc: Tim Seyler <Tim.Seyler@kitchener.ca>
Subject: Circulation for Comment - Official Plan & Zoning By-law Amendments (27 Roy Street)
Please see attached. Additional documentation can be found in AMANDA folders 22-111233 & 22-
111234 (City staff) and ShareFile (external agencies).
Comments or questions should be directed to Tim Seyler, Planner (copied on this email).
Christine Kompter
Administrative Assistant I Planning Division I City of Kitchener
200 King Street West, 6t" Floor I P.O. Box 1118 Kitchener ON N2G 4G7
519-741-2200 ext. 7425 1 TTY 1-866-969-9994 christine.kompter@kitchener.ca
Page 127 of 350
From: Planning <planning@wcdsb.ca>
Sent: Friday, June 3, 2022 3:45 PM
To: Tim Seyler <Tim.Seyler@kitchener.ca>
Subject: [EXTERNAL] RE: Circulation for Comment - Official Plan & Zoning By-law Amendments (27 Roy
Street)
Good Afternoon Tim,
The Waterloo Catholic District School Board has reviewed the subject application and based on our
development circulation criteria have the following comments)/condition(s):
A) That any Education Development Charges shall be collected prior to the issuance of a building
permit(s).
If you require any further information, please contact me by e-mail at Jordan.Neale@wcdsb.ca.
Thank you,
Jordan Neale
Planning Technician, WCDSB
480 Dutton Dr, Waterloo, ON N2L 4C6
519-578-3660 ext. 2355
Page 128 of 350
N*
Region of Waterloo
Tim Seyler, MCIP, RPP
Planner
City of Kitchener
200 King Street West, 6t" Floor
P.O. Box 1118, Kitchener, ON
N2G 4G7
Dear Mr. Seyler,
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
Community Planning
150 Frederick Street 8th Floor
Kitchener Ontario N2G 4A Canada
Telephone: 519-575-4400
TTY: 519-575-4608
Fax: 519-575-4466
www.regionotwaterloo.ca
Melissa Mohr 1-226-752-8622
File: D17/2/22006
C14/2/22010
September 2, 2022
Re: Proposed Official Plan Amendment OPA 22/06 and
Zoning By-law Amendment ZBA 22/10
27 Roy Street
GSP Group Inc. (C/O Rachel Bossie) on behalf of RFB
Developments (C/O Ron Brohman)
CITY OF KITCHENER
MHBC Planning has submitted an Official Plan and Zoning By-law Amendment for a
development proposal at 27 Roy Street (subject lands) in the City of Kitchener.
The applicant is proposing to convert the existing building on site to a mixed-use building
containing three (3) residential dwelling units and one (1) non-residential unit consisting
of an artisan establishment, restaurant and community space.
The subject lands are located in the Urban Area and designated Built -Up Area in the
Regional Official Plan. The site is designated Office Residential Conversion in the City
of Kitchener Official Plan and Zoned Residential Five (R5) with Special -Use Provision
164U.The Owner has requested an Official Plan Amendment to add a special policy
area to land use designation that will allow an "Artisan Establishment" and "Restaurant
Uses". The Applicant has requested a Zoning By-law Amendment to rezone the site
from R5 to the RES -4 Zone with a Special -Use Provision to the existing zoning to permit
an "Artisan Establishment" and "Restaurant Uses" as well as site-specific regulations to
permit a minimum lot area of 418 m2, a minimum lot width of 13.7 m and a reduction in
Document Number: 4170147 Version: 1
Page 129 of 350
the required parking on site to a rate of 1 space per 167m2 off loor area for the commercial
uses.
The Region has had the opportunity to review the proposal and offers the following:
Regional Comments
Consistency with Provincial Legislation and Regional Official Plan Conformity
The subject lands are designated "Urban Area" and "Built -Up Area" on Schedule 3a of
the Regional Official Plan (ROP) and the site is located in a Major Transit Station Area
and designated Office Residential Conversion in the City of Kitchener Official Plan.
Within the Urban Area, the Region directs the majority of growth to the Urban Growth
Centers, Major Transit Station Areas, Reurbanization Corridors, Major Local Nodes and
Urban Designated Greenfield Areas. These areas are planned to have a more compact
form with a mix of employment, housing and services in close proximity of each other
and higher frequency transit.
Regional staff understand that the development proposal is located within 500-800
metres of an ION stop and therefore the Region is supportive of increased residential
density as it supports the Planned Community Structure established within the ROP.
The Region wishes to advise the applicant of the following technical comments related
to the proposal:
Stationary Noise:
Due to the mixed-use nature of the proposal and the applicants retention of the existing
structure (retrofit the existing building), Regional staff require the following noise -
warning clause be implemented through a registered development agreement with the
City of Kitchener through a future consent or condominium application:
"This is a mixed-use building that contains residential and commercial units. The
commercial units may, from time to time, generate odour and/or stationary noise that
may occasionally cause concern to some individuals."
"The commercial units are to contain sufficiently sized mechanical and silencing
equipment so as not to exceed the Ministry of the Environment and Climate Change's
sound level limits at the closest noise -sensitive receptor, in accordance with NPC -300
Guideline or its successor."
Cultural Heritage
The subject lands have the potential for the recovery of archaeological resources due to
the heritage designation of the lands, the location of the site within the core area of
Kitchener and the landform where the properties are located (habitation of early
peoples). Regional staff recognize that the majority of the parcel has been disturbed
and do not require an Archaeological Assessment, however, please be advised that if
archaeological resources are discovered during future development or site alteration of
Document Number: 4170147 Version: 1
Page 130 of 350
the subject property, works including site alteration and development must cease
immediately and the Owner/Development must contact the Ministry of Heritage,
Sport, Tourism and Culture Industries. If it is determined that additional investigation
and reporting of the archaeological resources is needed, a licensed archaeologist will
be required to conduct this field work in compliance with S. 48(a) of the Ontario Heritage
Act.
If human remains/or a grave site is discovered during development or site alteration of
the subject property, the Owner/Developer must cease works immediately and contact
the police or coroner and the Registrar at the Bereavement Authority of Ontario in
Compliance with the Funeral, Burial and Cremation Services Act, 2002 S. 96.
Housing Services
The following Regional policies and initiatives support the development and
maintenance of affordable housing:
• Regional Strategic Plan
o Objective 4.2 requires the Region to make affordable housing more available to
individuals and families.
• 10 -Year Housing and Homelessness Plan
o contains an affordable housing target which is that 30% of all new residential
development between 2019 and 2041 in Waterloo Region is to be affordable to
low and moderate income households.
• Building Better Futures Framework
o shows how the Region plans to create 2,500 units of housing affordable to
people with low to moderate incomes by 2025.
• Region of Waterloo Official Plan
o Section 3.A (range and Mix of Housing) contains land use policies that ensure
the provision of a full and diverse range and mix of permanent housing that is
safe, affordable, of adequate size, and meets the accessibility requirements of all
residents.
The Region supports the provision of a full range of housing options, including
affordable housing. Rent levels and house prices that are considered affordable
according to the Regional Official Plan are provided below. Should this development
application move forward, staff ask the Owner/Developer to consider providing a
number of affordable housing units on the site, as defined in the Regional Official Plan.
In order for affordable housing to fulfill its purpose of being affordable to those who
require rents or purchase prices lower than the regular market provides, a mechanism
should be in place to ensure the units remain affordable and establish income levels of
the households who can rent or own the homes.
For the purposes of evaluating the affordability of an ownership unit, based on the
definition in the Regional Official Plan, the purchase price is compared to the least
expensive of:
Document Number: 4170147 Version: 1
Page 131 of 350
Housing for which the purchase price
results in annual accommodation costs
30 per cent of the gross annual
which do not exceed 30 percent of gross
$385,500
annual household income for low and
moderate income households
income renter households
Housing for which the purchase price is
at least 10 percent below the average
$576,347
purchase price of a resale unit in the
average market rent (AMR) in the
regional market area
$1,134
"Based on the most recent information available from the PPS Housing Tables (2021).
In order for an owned unit to be deemed affordable, the maximum affordable house
price is $385,500.
For the purposes of evaluating the affordability of a rental unit, based on the definition of
affordable housing in the Regional Official Plan, the average rent is compared to the
least expensive of:
A unit for which the rent does not exceed
30 per cent of the gross annual
$1,470
household income for low and moderate
income renter households
A unit for which the rent is at or below the
Bachelor:
$950
average market rent (AMR) in the
1 -Bedroom:
$1,134
regional market area
2 -Bedroom:
$1,356
3 -Bedroom:
$1,538
4+ Bedroom:
$3,997
'Based on the most recent information available from the PPS Housing I ables (2021)
In order for a rental unit to be deemed affordable, the average rent for the proposed
units which have fewer than 3 bedrooms must be at or below the average market rent in
the regional market area as shown above. For proposed units with three or more
bedrooms, the average rent for the units must be below $1,470.
Fees
By copy of this letter, the Region of Waterloo acknowledges receipt of the Official Plan
and Zoning By-law Amendment Review fees of $10,000.00 (received September 2,
2022).
General Comments and next steps
Based on the above, Regional staff have no objection to the applications.
Please be advised that any future development on the lands subject to the above -noted
application will be subject to the provisions of Regional Development Charge By-law 19-
037 or any successor thereof.
Document Number: 4170147 Version: 1
Page 132 of 350
Further, please accept this letter as our request for a copy of the decision pertaining to
this application. Should you have any questions, please do not hesitate to contact me.
Yours truly,
1 ice' LL�1�eu_ + Y/CA�
Melissa Mohr, MCIP, RPP
Senior Planner
C. RFB Developments (C/O Ron Brohman (Owner)
GSP Planning Inc. (C/O Rachel Bossie) (Applicant)
Document Number: 4170147 Version: 1
Page 133 of 350
Appendix E
From: Mike Grodzki
Sent: Thursday, June 23, 2022 12:57 PM
To: Tim Seyler <Tim.Seyler@kitchener.ca>
Subject: [EXTERNAL] 27 Roy Street
Hi Tim,
I received mail regarding the proposed development at 27 Roy Street.
Seems like a great idea to me.
I was disappointed to learn that council voted against the development at Park and Victoria. How can
someone like me help make sure more developments like that get approved? Is it enough to send an
email like this? I imagine that doesn't help against the few loud voices who oppose developments.
Mike
Sent from Proton Mail for US
Page 134 of 350
From: Tim Seyler
Sent: Saturday, July 9, 2022 11:27 AM
To: 'Donna'
Subject: RE: [EXTERNAL] RE: 27 Roy St - application for development
Hi Donna,
I've done my best to respond to all your questions in red below. If you have further questions please
don't hesitate to ask.
Thanks,
Tim Seyler, BES, MCIP, RPP
Planner I Planning Division I City of Kitchener
519-741-2200 ext. 7860 1 TTY 1-866-969-9994 1 Tim.Seyler@kitchener.ca
.aT, # I ."'OT
From: Donna
Sent: Wednesday, July 6, 2022 2:52 PM
To: Tim Seyler <Tim.Seyler@kitchen er.ca>
Subject: [EXTERNAL] RE: 27 Roy St - application for development
Hello Tim
I have some questions regarding 27 Roy St., Kitchener
- Will the application to amend Official Plan and Zoning By -Law fall under the current
Zoning Bylaw 85-1, or the revised new comprehensive zoning bylaw not yet passed?
This application falls under Zoning By-law 85-1, as the property is within a secondary plan area, and
the zoning of these areas will not be updated until neighbourhood planning reviews are completed
for this area.
- What will be the maximum height of the building?
o If under bylaw 85-1
o If under the revised new comprehensive zoning bylaw not yet passed
The maximum height in the R-5 zoning (Zoning By-law 85-1) is 10.5 metres. There is no increase in
height requested for the building.
- Is the application for a Mixed Use Building or is it a Mixed Use Development as quoted
in planning documents? The zoning definitions seem to be different.
Page 135 of 350
Both terms are equal in meeting. This building will be mixed use containing dwelling units and
commercial space.
- What is the exact wording of the proposed Special Regulation Provision?
The exact wording of the special regulation provision has not been completed at this time, as
comments are still being collected and reviewed.
- If Res -4 is permitted, would land use revert back to R5 or Res -3 ... if cafe porion is
cancelled; or if the house is sold in future?
o How will this be added to the Special Regulation Provision?
The application is made under the current 85-1 Zoning By-law. The zoning of R-5 would still be in
place and have the special regulation. This will be carried over to the new zoning designation when
implemented. The land would not revert back to any 85-1 zoning regulation once the new 2019-051
By-law is in effect. If new ownership is obtained in the future, the zoning designation would remain
in place.
- Will "Special Policy Area permitting artisan establishments" ..... spell out that
o a lodging house is not allowed [i.e. same as Res -3]
■ if not how will this be made part of the application
The definition of Artisan's establishment is as follows: means an establishment used for the
study or instruction of a performing or visual art such as dancing, music or painting or the
workplace of an artisan such as a painter, sculptor, photographer, dressmaker or tailor together
with the accessory retailing of paintings, sculpture, photography or handcrafts.
Thanks,
Donna K.
From: Donna
Sent: Monday, May 30, 2022 7:29 PM
To: Tim Seyler <Tim.Seyler@kitchener.ca>
Subject: [EXTERNAL] Development at 27 ROY ST
Hi Tim
Can you please send me a copy of the notice that was sent in regard to the following development?
Address: 27 ROY ST
Application Number: OPA22/006/R/TS
Application Type: Official Plan Amendment
Application Summary: An Official Plan Amendment is required to permit artisan establishment and
restaurant uses in the same
building as residential, C/R ZB22/010/R/TS.
Thanks
Donna KUehl
Page 136 of 350