HomeMy WebLinkAboutDSD-2023-015 - Zoning By-law Amendment ZBA22/022/N/TS - 525 New Dundee Road - HIP New Dundee GP Inc.Staff Report
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Development Services Department www.kitchener.ca
REPORT TO: Planning and Strategic Initiatives Committee
DATE OF MEETING: January 9, 2023
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 4
DATE OF REPORT: December 16, 2022
REPORT NO.: DSD -2023-015
SUBJECT: Zoning By-law Amendment ZBA22/022/N/TS
525 New Dundee Road
HIP New Dundee GP Inc.
RECOMMENDATION:
That Zoning By-law Amendment Application ZBA22/022/N/TS requesting to amend Zoning
By-law 2019-051, for HIP New Dundee GP Inc. be approved in the form shown in the Proposed
`Proposed By-law', and `Map No. 1' attached to Report DSD -2023-015 as Attachment `A'.
REPORT HIGHLIGHTS:
• The purpose of this report is to evaluate and provide a planning recommendation regarding a
Zoning By-law Amendment application for the property located at 525 New Dundee Road.
• It is Planning staffs recommendation that the proposed amendment represents good planning
and is an opportunity to provide an additional six (6) residential units, on the ground floor, of a
mixed-use building currently under construction.
• Community engagement included:
o circulation of a postcard to residents and property owners within 240m of the subject site;
o installation of notice signage on the property;
o postcard advising of the public meeting was circulated to all residents and property
owners within 240 metres of the subject site, and,
o notice of the public meeting was given in The Record on December 16, 2022.
• This report supports the delivery of core services.
EXECUTIVE SUMMARY:
Planning Staff is recommending approval of the requested Zoning By-law Amendment application
to:
• Change the zoning in Zoning By-law 2019-051, from from Arterial Commercial Zone (COM -3)
with Site Specific Provision (84) to Arterial Commercial Zone (COM -3) with Site Specific
Provision (356)
• The amendment will facilitate the construction of an additional 6 residential dwelling units on
the ground floor within an established mixed-use development.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Page 32 of 291
Figure 1 - Location Map: 525 New Dundee Road
BACKGROUND:
The City of Kitchener has received an application for a Zoning By-law Amendment from HIP New
Dundee GP Inc for a development concept that proposes an additional 6 residential units on the
ground floor of a mixed-use development. The existing development consists of 178 residential units,
and 3 commercial units.
The subject property is identified as an `Arterial Corridor' and `Green Area' on the City's Urban
Structure (Map 2 - City of Kitchener Official Plan) and designated as `Commercial' and `Natural
Heritage Conservation' (Map 3 - City of Kitchener Official Plan). For the purposes of this application
the development is only located on the front portion of the property that has the Commercial
designation and is not located within the Natural Heritage Conservation designated area of the
property.
Site Context
The subject lands are located on the south side of New Dundee Road, near the intersection of New
Dundee Road and Robert Ferrie Drive. The subject lands have an area of approximately 1.79
hectares and has a lot frontage along New Dundee Road of 105.8 metres. Site plan approval has
been given for an eight (8) storey mixed use building containing 178 residential dwelling units and
three (3) commercial units. A building permit has been issued and construction on the development
is already underway.
Page 33 of 291
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Figure 1 - Location Map: 525 New Dundee Road
BACKGROUND:
The City of Kitchener has received an application for a Zoning By-law Amendment from HIP New
Dundee GP Inc for a development concept that proposes an additional 6 residential units on the
ground floor of a mixed-use development. The existing development consists of 178 residential units,
and 3 commercial units.
The subject property is identified as an `Arterial Corridor' and `Green Area' on the City's Urban
Structure (Map 2 - City of Kitchener Official Plan) and designated as `Commercial' and `Natural
Heritage Conservation' (Map 3 - City of Kitchener Official Plan). For the purposes of this application
the development is only located on the front portion of the property that has the Commercial
designation and is not located within the Natural Heritage Conservation designated area of the
property.
Site Context
The subject lands are located on the south side of New Dundee Road, near the intersection of New
Dundee Road and Robert Ferrie Drive. The subject lands have an area of approximately 1.79
hectares and has a lot frontage along New Dundee Road of 105.8 metres. Site plan approval has
been given for an eight (8) storey mixed use building containing 178 residential dwelling units and
three (3) commercial units. A building permit has been issued and construction on the development
is already underway.
Page 33 of 291
Current development — 525 New Dundee Road
REPORT:
The owner is proposing to convert six (6) storage units located on the ground floor of a mixed-use
building to six (6) ground floor residential units. The property is subject to Site Specific Provision (84)
which permits dwelling units located within a mixed building, however the dwelling units are not
permitted to be located on the ground floor of a mixed-use building, except for the access. Site
Specific Provision (84) will be removed from the property with Site Specific Provision (356) taking its
place.
The property has already received Site Plan approval for a mixed-use building containing 178
residential dwelling units and 3 commercial units. A building permit has been issued and construction
has already commenced. Through the review and evaluation of this application, the interior layout of
the ground floor has been reoriented, resulting in the commercial area for the mixed-use building
being reduced, however 3 commercial units still remain. The creation of the new Site Specific
provision will permit 6 residential units on the ground floor and ensure a minimum commercial gross
floor area of 493 square metres remains within the property. Pending the approval of this zoning by-
law amendment application, an updated Site Plan application will be required to ensure all zoning
regulations are met.
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. Section 1.4.3 (d) of the PPS promotes densities for
new housing which efficiently use land, resources, infrastructure and public service facilities. The
PPS sets out a policy framework for sustainable healthy, liveable and safe communities. The PPS
promotes efficient development and land use patterns, as well as accommodating an appropriate
mix of affordable and market-based residential dwelling types with other land uses, while supporting
the environment, public health and safety. Provincial policies promote the integration of land use
planning, growth management, transit -supportive development, intensification, and infrastructure
planning to achieve cost-effective development patterns, optimization of transit investments, and
standards to minimize land consumption and servicing costs.
To support provincial policies relating to the optimization of infrastructure, transit and active
transportation, the proposed zoning will facilitate a compact form of development which efficiently
uses the lands, is in close proximity to public transit, and makes efficient use of existing
infrastructure. The lands are serviced and are in proximity to parks, trails and other community uses.
Page 34 of 291
Provincial policies are in support of providing a broad range of housing. The proposed Zoning By-
law amendment will facilitate the development of an additional six (6) residential dwelling units on
the ground floor of an established mixed-use building.
Planning staff is of the opinion that the proposed application is consistent with the PPS as they will
facilitate the development of the subject lands with six (6) additional dwelling units. Planning staff
are of the opinion that the requested applications are consistent with the policies and intent of the
PPS.
A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 (Growth Plan):
The Growth Plan supports the development of complete and compact communities that are designed
to support healthy and active living, make efficient use of land and infrastructure, provide for a range
and mix of housing types, jobs, and services, at densities and in locations which support transit
viability and active transportation. To support the achievement of complete communities, the Growth
Plan outlines that municipalities will consider the use of available tools to require that multi -unit
residential developments incorporate a mix of unit sizes to accommodate a diverse range of
household sizes and incomes. The Growth Plan requires a minimum of 50 residents and jobs per
hectare within areas designated Urban Designated Greenfield Area. Municipalities must support
housing choice through the achievement of the minimum intensification and density targets by
identifying a diverse range and mix of housing options and densities, to meet projected needs of
current and future residents.
The subject lands are located within the City's Urban Designated Greenfield Area, an area within
the Settlement Boundary that is designated for growth. The proposed Zoning By-law amendment
will add 6 additional residential dwelling units, which supports the achievement of our minimum
density target for designated Greenfield areas. The proposed zoning will support and provide
additional housing units that will help make efficient use of infrastructure, parks, roads, trails and
transit. Planning staff is of the opinion that the application conforms to the Growth Plan.
Regional Official Plan (ROP):
Urban Area policies of the ROP identify that the focus of the Region's future growth will be within the
Urban Area. The subject lands are designated Urban Designated Greenfield Areas in the ROP. This
neighbourhood provides for the physical infrastructure and community infrastructure to support the
proposed residential development, including transportation networks, municipal drinking -water
supply and wastewater systems, and a broad range of social and public health services. Regional
policies support the development of complete communities having development patterns and
densities that support walking, cycling and transit. The ROP requires a minimum density of 55 people
and jobs per hectare in greenfield areas which this proposal will contribute to 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. Regional staff have indicated that they have no objections to the proposed
application (Attachment `C'). Planning staff are of the opinion that the application conforms to the
Regional Official Plan as it proposes to facilitate an additional six (6) dwelling units to the existing
mixed-use building.
City of Kitchener Official Plan
Urban Area and Countryside
The subject lands are identified as `Designated Greenfield Area' on Map 1 of the City of Kitchener's
Official Plan. Designated Greenfield Areas have a minimum density target of 55 residents and jobs
combined per hectare.
Urban Structure
The subject lands are located within an `Arterial Corridor' in the City's Urban Structure (Map 2). The
planned function of Arterial Corridors is to provide for a limited range of retail and service commercial
Page 35 of 291
uses intended to predominately serve those travelling by automobile and to accommodate a limited
range of retail uses which require outdoor storage or sales.
Land Use Designation
The subject lands are designated `Commercial' in the City's Official Plan (Map 3) and are located
within the Doon South Specific Policy Area (Map 5). The Commercial land use designation with the
Doon South Specific Policy Area permits multiple residential dwelling units provided they are located
within a mixed-use building together with other compatible commercial and office uses to a maximum
Floor Space Ratio of 2.0. Staff can support the inclusion of six (6) ground floor residential units, as
a regulation will be added to require a minimum amount of commercial floor area, in order to preserve
the mixed-use designation and so a further reduction in Commercial area would not be permitted.
The proposed site specific provision will introduce a minimum requirement for ground floor
commercial uses.
Housing
The City's primary objective with respect to housing is to provide for an appropriate range, variety
and mix of housing types and styles, densities, tenure and affordability to satisfy the varying housing
needs of our community through all stages of life. The proposed Zoning By-law Amendment will
facilitate the development of six (6) additional dwelling units, on the ground floor of mixed-use
building, to support residential intensification within an established mixed-use development.
Policy 4.C.1.9. Residential intensification and/or redevelopment within existing neighbourhoods will
be designed to respect existing character. A high degree of sensitivity to surrounding context is
important in considering compatibility.
Policy 4.C.1.22: The City will encourage the provision of a range of innovative housing types and
tenures such as rental housing, freehold ownership and condominium ownership including common
element condominium, phased condominium and vacant land condominium, as a means of
increasing housing choice and diversity.
Based on the above housing policies, staff is of the opinion that the application conforms to the
Official Plan.
Policy Conclusion
Planning staff are of the opinion that the proposed Zoning By-law amendment is consistent with
policies of the Provincial Policy Statement, conforms to the Growth Plan for the Greater Golden
Horseshoe, the Regional Official Plan and the City of Kitchener Official Plan, and represents good
planning.
Proposed Zoning By-law Amendment:
The subject lands are currently zoned `Arterial Commercial (COM -3)' with Site Specific Provision
(84) in Zoning By-law 2019-051.
The purpose of the amendment is to permit 6 residential dwelling units to be located on the ground
floor of a mixed-use building whereas none are currently permitted. To ensure that the commercial
function contemplated by the land use designation is maintained, the Site -Specific Provision
proposes to require a that the building provide a minimum 493 square metres of commercial floor
area. An amendment to Zoning By-law 2019-051 to change the zoning on the lands as follows (and
further detailed and shown on Map No.1):
"From Arterial Commercial Zone (COM -3) with Site Specific Provision (84) to Arterial
Commercial Zone (COM -3) with Site Specific Provision (356).
Site Specific Provision (356)
Page 36 of 291
a) The following uses shall be permitted:
i) Place of Worship;
ii) Small Residential Care Facility in accordance with the regulations for
the INS -1 zone within Section 11.3;
iii) Large Residential Care Facility in accordance with the regulations for
the INS -1 zone within Section 11.3;
iv) A maximum of six (6) Dwelling Units located on the ground floorwithin
a mixed use building containing at least one other permitted use listed
in Table 9-1. The maximum Floor Space Ratio for dwelling units shall
be 2; and,
b) In addition to regulation (7) within Table 9-1, and office use shall also not
exceed a Floor Space Ratio on 0.5.
C) A minimum commercial gross floor area shall be 493 square metres."
Department and Agency Comments:
Preliminary circulation of the Zoning By-law Amendment was undertaken on September 26, 2022 to
applicable City departments and other review authorities. No major concerns were identified by any
commenting City department or agency. Additional consideration will be addressed through the site
development approval process. Copies of comments are found in Attachment `C' of this report.
The following reports and studies were considered as part of this proposed Zoning By-law
Amendment:
• Planning Justification Report
Prepared by: MHBC Planning Limited, August 2022
Planning Conclusions
In considering the foregoing, staff are supportive of the proposed Zoning By-law Amendment. Staff
is of the opinion that the subject application is consistent with policies of the Provincial Policy
Statement (2020), conforms to the Growth Plan for the Greater Golden Horseshoe, the Regional
Official Plan, and the City of Kitchener Official Plan and represent good planning. Staff recommends
that the application be approved.
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
Council / Committee meeting. Notice signs were posted on the property and information regarding
Page 37 of 291
the application posted to the City's website in September 2022. Notice of the Public Meeting was
posted in The Record on December 16, 2022 (a copy of the Notice may be found in Attachment `B').
CONSULT — The proposed Zoning By-law Amendment Application was originally circulated to
property owners within 240 metres of the subject lands on September 26, 2022. In response to this
circulation, staff received no written responses.
PREVIOUS REPORTS/AUTHORITIES:
• Planning Act, R.S.O. 1990, c. P.13
• Provincial Policy Statement, 2020
• A Place to Grow Growth Plan, 2020
• Regional Official Plan
• City of Kitchener Official Plan, 2014
• City of Kitchener Zoning By-law 2019-051
REVIEWED BY: Tina Malone -Wright, — Interim Manager of Development Review, Planning
Division
APPROVED BY: Justin Readman - General Manager, Development Services
ATTACHMENTS:
Attachment A — Proposed Zoning By-law Amendment and Zoning Map
Attachment B — Newspaper Notice
Attachment C — Department and Agency Comments
Page 38 of 291
follows:
DSD -2023 -XXX Attachment "A"
PROPOSED BY — LAW
, 2023
BY-LAW NUMBER
OF THE
CORPORATION OF THE CITY OF KITCHENER
(Being a by-law to amend By-law 2019-051, as amended, known
as the Zoning By-law for the City of Kitchener — HIP New Dundee
GP Inc.
— 525 New Dundee Road)
WHEREAS it is deemed expedient to amend By-law 2019-051 for the lands specified above;
NOW THEREFORE the Council of the Corporation of the City of Kitchener enacts as
Zoning Grid Schedules Number 252 and 253 of Appendix "A" to By-law Number 2019-051 are
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 Arterial Commercial
Zone (COM -3) with Site Specific Provision (84) to Arterial Commercial Zone (COM -3) with Site
Site Specific Provision (356).
2. Section 19 of By-law 2019-051 is hereby amended by adding Section 19 (356) thereto as
follows:
"356. Within the lands zoned COM -3 and shown as affected by this subsection on Zoning
Grid Schedule Numbers 252 and 253 of Appendix `A', the following shall apply:
a) The following uses shall be permitted:
i) Place of Worship;
ii) Small Residential Care Facility in accordance with the regulations for
the INS -1 zone within Section 11.3;
iii) Large Residential Care Facility in accordance with the regulations for
the INS -1 zone within Section 11.3; and
iv) A maximum of six (6) Dwelling Units located on the ground floor within
a mixed-use building containing at least one other permitted use listed
in Table 9-1. The maximum Floor Space Ratio for dwelling units shall
be 2.
Page 39 of 291
DSD -2023 -XXX Attachment "A"
b) In addition to regulation (7) within Table 9-1, and office use shall also not
exceed a Floor Space Ratio on 0.5.
C) A minimum commercial gross floor area of 493 square metres shall be
provided.
PASSED at the Council Chambers in the City of Kitchener this day of
2023.
Mayor
Clerk
Page 40 of 291
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NOTICE OF PUBLIC MEETING
F
fora development in your neighbourhood
525 New Dundee Road=
i ��
Have Your Voice Heard!
Concept Drawing
Date: January 9, 2023
Time: 7:00 p.m.
Location: Council Chambers,
Kitchener City Hall
200 King Street West
orirtual Zoom Meeting
To view the staff report, agenda,
meeting details, start time of this item
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
6 Additional
Zoning
Tim Seyler, Planner
Use
Dwelling
By-law
519.741.2200 x 7860
Development
Units
Amendment
tim.seyler@kitchener.ca
A Zoning By-law Amendment Application, from HIP New Dundee GP Inc. the property
owner of 525 New Dundee Road, will be considered to amend a Site -Specific Provision
to permit 6 additional residential dwelling units to be located on the ground floor of a
mixed-use building currently under construction.
Page 42 of 291
From: Dave Seller <Dave.Seller@kitchener.ca>
Sent: Friday, October 28, 2022 11:17 AM
To: Tim Seyler <Tim.Seyler@kitchener.ca>
Subject: ZBA comments: 525 New Dundee Road
City of Kitchener
Application Type: Zoning By-law Amendment
Application: ZBA22/022/N/TS
Project Address: 525 New Dundee Road
Comments of: Transportation Services
Commenter's Name: Dave Seller
Email: dave.seller(@kitchener.ca
Phone: 519-741-2200 ext. 7369
Date of Comments: October 28, 2022
a. As part of the Zoning by-law amendment application process, a Planning Justification Report was
submitted (August 2022) by MHBC Planning Limited. Transportation Services offer the following
comments.
The applicant is proposing the addition of the six (6) residential dwelling units, which will increase
the unit count from 178 to 184 units and the commercial gross floor area will be reduced from 824.8
square metres to 493.34 square metres, with a total parking supply of 202 spaces.
As the parking requirements are being satisfied, Transportation Services have no concerns with the
applicant's proposal.
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
0 "F -I #3 )00 0 0
Page 43 of 291
From: Mike Seiling <Mike.Seiling@kitchener.ca>
Sent: Monday, September 26, 2022 12:47 PM
To: Tim Seyler <Tim.Seyler@kitchener.ca>
Subject: FW: Circulation for Comment - Zoning By-law Amendment (525 New Dundee Road)
Building; no concerns with proposal provided the applicant obtains a building permit to create 6 res.
Units before construction commences.
From: Niall Melanson <Niall.Melanson@kitchener.ca>
Sent: Friday, September 30, 2022 8:08 AM
To: Tim Seyler <Tim.Seyler@kitchener.ca>
Subject: FW: Circulation for Comment - Zoning By-law Amendment (525 New Dundee Road)
Morning Tim — Engineering has no comments.
Thanks
Niall Melanson, C.E.T.
Engineering Technologist I Development Engineering I City of Kitchener
519-741-2200 Ext. 7133 1 TTY 1-866-969-9994 1 niall.melanson@kitchener.ca
From: Carrie Musselman <Carrie.Mussel man@kitchener.ca>
Sent: Thursday, October 20, 2022 3:32 PM
To: Tim Seyler <Tim.Seyler@kitchener.ca>
Subject: RE: Circulation for Comment - ZBA (525 New Dundee Rd)
Hi Tim,
Kitchener Environmental Planning has no concerns regarding the proposed ZBA from a natural heritage
or tree management perspective.
Regards,
Carrie Musselman (she/her), BSc., Dip.
Senior Environmental Planner I Planning I City of Kitchener
519-741-2200 x 7068 1 TTY 1-866-969-9994 1 carrie.musselman(cDkitchener.ca
Page 44 of 291
Address: 525 New Dundee Road
Owner: Hip New Dundee GP Inc
Application: Zoning By-law Amendment ZBA22/022/N/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: Oct 28 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 a ZBA to convert 6 existing
storage spaces to 6 residential units.
• Completed application form
• Planning Justification Report
2. Site Specific Comments & Issues:
Additional residential density is proposed for the site above that which was approved through
SP21/007/N/TS. Park Dedication for this additional density will be deferred at the ZBA and required
as a condition of site plan approval.
3. Comments on Submitted Documents
No comments
4. Policies, Standards and Resources:
• 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/treemanagement for detailed
submission requirements
• City of Kitchener Park Dedication Bylaw 2022-101 and Park Dedication Policy
• City of Kitchener Development Manual
• Cycling and Trails Master Plan (2020)
• Chapter 690 of the current Property Maintenance By-law
• Parks Strategic Plan
Page 45 of 291
Multi -Use Pathways & Trails Masterplan
• Urban Design Manual
5. Anticipated Fees:
Parkland Dedication
The parkland dedication requirement for this submission is deferred and will be assessed at a future Site
Plan Application. Park dedication will be assessed based on the land use class(es) and density approved
through the ZBA and required as a condition of Site Plan Approval
Page 46 of 291
From: Planning <planning@wcdsb.ca>
Sent: Monday, September 26, 2022 11:28 AM
To: Tim Seyler <Tim.Seyler@kitchener.ca>
Subject: RE: Circulation for Comment - Zoning By-law Amendment (525 New Dundee Road)
Good Morning 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
From: Hodgins, Allan (MTO) <Allan.Hodgins@ontario.ca>
Sent: Monday, September 26, 2022 3:19 PM
To: Tim Seyler <Tim.Seyler@kitchener.ca>
Cc: Christine Kompter<Christine.Kompter@kitchener.ca>
Subject: RE: Circulation for Comment - Zoning By-law Amendment (525 New Dundee Road)
Hi Tim,
The Ministry of Transportation (MTO) has no objection to this application. The subject
property (525 New Dundee Rd, Kitchener, ON) is located beyond our limits of permit
control and therefore MTO review, approval and permits will not be required.
Thank you for the opportunity to review and comment.
Regards,
Allah HodpinS i Corridor Management Planner
Ph. (226) 973-8580 1 Fax (519) 873-4228
E-mail: allan.hodgins(a)ontario.ca
Ontario 0
For General Inquiries, Pre -consultations or Permit Application, please see our automated system:
hftps://www.hcms.mto.gov.on.ca
Page 47 of 291
October 25, 2022
Via email
Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6
Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca
Tim Seyler, MCIP, RPP, Planner
City of Kitchener
200 King Street West, 6t" Floor
P.O. Box 1118
Kitchener, ON N2G 4G7
Dear Tim Seyler,
Re: Zoning By-law Amendment ZBA22/022/N/TS
525 New Dundee Road, Kitchener
HIP New Dundee GP Inc.
Grand River Conservation Authority (GRCA) staff has reviewed the above -noted application to
amend the Site Specific provision within the existing zoning to permit six (6) residential units on
the ground floor of a mixed-use building.
Recommendation
Based on our review of the materials provided, the GRCA has no objection to the above noted
application.
GRCA Comments
GRCA has reviewed this application as per our delegated responsibility from the Province to
represent provincial interests regarding natural hazards identified in Section 3.1 of the Provincial
Policy Statement (PPS, 2020) and as a regulatory authority under Ontario Regulation 150/06.
GRCA has also provided comments as per our MOU with the Region of Waterloo and as a
public body under the Planning Act as per our CA Board approved policies.
Information currently available at this office indicates that the subject property contains the
following features regulated by the Grand River Conservation Authority under Ontario
Regulation 150/06:
• a reach of Blair Creek
• One -zone floodplain associated with Blair Creek
• The Provincially Significant Roseville Swamp Cedar Creek Wetland Complex
• The regulated allowances to these features
Due to the resource features noted above, the property is regulated by the GRCA under Ontario
Regulation 150/06 - Development, Interference with Wetlands and Alterations to Shorelines and
Watercourses Regulation. Any future development, including the proposed townhouse
development, will require prior written approval from the GRCA in the form of a permit pursuant
to Ontario Regulation 150/06. GRCA Permit 505/21 for grading, installation of servicing,
construction of stormwater management facility, and construction of the proposed building and
surface parking expires October 19, 2023. A copy of our resource mapping is attached.
Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand - A Canadian Heritage River
Page 48 of 291
It is our understanding that the applicant is proposing to convert 6 existing storage spaces on
the ground floor of the mixed-use building to 6 residential units. The GRCA has no objection to
the proposed application for zoning bylaw amendment.
Consistent with GRCA's 2022 approved fee schedule, this application is considered a minor
zoning by-law amendment and the applicant will be in the amount of $445 for the GRCA's
review of this application.
Should you have any questions, please contact the undersigned at
cfosterpengelly@gran driver. ca or 519-621-2763 extension 2319.
Sincerely,
PP i
Chris Foster-Perelly, M.Sc.
Resource Planner
Enclosed: GRCA map of property
Copy: Joel Doherty, HIP New Dundee GP Inc., owner (via email)
Dave Aston, MHBC Planning, applicant (via email)
Page 49 of 291
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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
File: C14-60/22/022
December 14, 2022
Re: Proposed Zoning By -Law Amendment ZBA 22/022
525 New Dundee Road
MHBC Planning Limited on behalf of HIP New Dundee GP Inc.
CITY OF KITCHENER
The applicant is proposing to convert six (6) existing storage spaces on the ground floor
of the mixed-use building to six (6) residential units. To facilitate this development, the
Applicant is requesting that the zoning within the Site Specific provision be amended to
permit six (6) residential units on the ground floor of a mixed-use building. The lands are
zoned Commercial (COM -3) with Site Specific provision (84), which currently prohibits
dwellings units on the ground floor.
There is currently a mixed-use development under construction on the subject lands
consistent with the previously approved Official Plan and Zoning By-law amendments.
The subject site is also subject to an approved site plan.
Regional staff has reviewed the proposed application and offer the following comments
for the City's consideration:
Consistency with Provincial Legislation and Regional Official Plan Conformity
The Provincial Policy Statement, 2020 (PPS) promotes building strong, heathy
communities by encouraging the development of liveable and resilient neighbourhoods
that protect the environment, public health and safety of Ontarians. Settlement areas
are intended to accommodate the majority of growth within the province and provide a
range of housing types that efficiently use land and resources. In addition, the Growth
Page 51 of 291
Plan for the Greater Golden Horseshoe (Growth Plan) provides growth targets for each
municipality to achieve regarding residents and jobs per hectare. The proposed
application is consistent with the intent of the PPS and the Growth Plan.
Regional Official Plan
The lands are designated as Urban Area and Urban Designated Greenfield Area in the
Regional Official Plan (ROP). These ROP designations permit a full range of urban
uses, including residential developments of various types and densities. The ROP
requires that Urban Designated Greenfield Areas be planned to meet or exceed a
minimum density of 55 residents and jobs per hectare through policy 2.D.17 b). The
Planning Justification Report prepared by MHBC Planning Limited, dated August 2022
notes that the proposed development will achieve an overall density of 103 units per
hectare.
ROP policy 2.D.17 notes that the Region and area municipalities will ensure that
designated greenfield areas will "establish a network of continuous sidewalks,
community trails and bicycle paths that provide direct, safe, comfortable and convenient
linkages with the neighbourhood and externally to other neighbourhoods including
linkages to transit stops, employment areas, school sites, food destinations and
community facilities".
In ROP Chapter 3, the Region encourages Area Municipalities to provide a range of
housing in terms of form, tenure, density and affordability to support the various
physical, social, economic and personal support needs of current and future residents in
neighbourhoods where health, safety, servicing and other reasonable standards or
criteria can be met.
Regional Official Plan Amendment 6
On August 18th, 2022, the Regional Municipality of Waterloo adopted ROP Amendment
number 6 (ROPA 6), which will come into force and effect upon approval by the Minister
of Municipal Affairs and Housing.
Key objectives contained within the amendment include a new approach to
accommodate the forecasted growth within 15 -minute neighbourhoods, which are
compact, well-connected places where the everyday needs of residents for goods,
services and employment can be met. A well-designed 15 -minute neighbourhood will
contain a mix of land uses that provide for a variety of incomes and household sizes.
The development densities will support a range of services and high quality public
spaces. These policies also apply to designated greenfield areas to ensure that new
neighbourhoods enable people reduce dependence on vehicle trips and are places that
prioritize walking, cycling and transit.
2
Page 52 of 291
Population and employment forecasts anticipate 409,200 people and 170,500 jobs
within the City of Kitchener by 2051 and greenfield area developments are required to
exceed a minimum density target of 65 residents and jobs per hectare of land as
calculated using policy 2.G.1.3.
Additionally, a minimum target of 30 percent of new ownership and rental housing is to
be affordable and accommodate a variety of housing options to address the needs of
range of income and household incomes, sizes and ages. The Region will promote the
inclusion of additional built forms including duplexes, triplexes, four-plexes, multiple
dwellings and apartments.
The proposed application is consistent with ROP policies regarding urban areas.
Corridor Planning
Environmental Noise:
It is understood that there is a current mixed-use building approved/underway through
Site Plan application SP 21/007/N/TS. Although the requirement for a noise study was
advised previously, a study has not been received to date.
At this location, the proposed development may encounter environmental noise sources
due to traffic on New Dundee Road (RR #12) as well as stationary noise from proposed
commercial uses and any air-conditioning devices for the proposed development.
It is the responsibility of the applicant to ensure the proposed noise -sensitive
development is not adversely affected by anticipated noise impacts. To address the
environmental noise impacts, the applicant must prepare an Environmental Noise
Study; the noise levels criteria and guidelines for the preparation of the study should
follow the Ministry of the Environment, Conservation and Park NPC -300 requirements.
The consultant who prepares the Environmental Noise Study must be listed on the
Region of Waterloo's Approved List of Noise Consultants. The noise consultant is
responsible for obtaining current information, applying professional expertise in
performing calculations, making detailed and justified recommendations, and submitting
the Consultant Noise Declaration and Owner/Authorized Agent Statement. The
consultant preparing the Environmental Noise Study must contact Region of Waterloo
staff for transportation data, including traffic forecasts and truck percentages, for the
purpose of preparing the Environmental Noise Study. Region of Waterloo staff will
provide this data within three weeks of receiving the request from the noise consultant.
Please note that there is a $500 fee for the preparation of the traffic forecasts and
review of the Environmental Noise Study. The noise consultant preparing the
Environmental Noise Study must submit the transportation data request online via
3
Page 53 of 291
(https://rmow.permitcentral.ca/Permit/GroupApply?qroupld=3). Resubmission of any
Transportation Noise Study may be subject to a $250 resubmission fee.
In the event that a stationary noise source and/or a vibration source are/is identified as
potential concerns, the applicant will be required to pay for a third -party review by an
external Noise Consultant retained by the Region. The fee for this third -party review is
$4000 + HST. Please submit payment for the third -party review along with the submitted
noise study. Additional fees may apply depending on the scope of review required.
Payment can be made either by cheque payable to the Region of Waterloo or by
contacting Ms. Peggy Walter (PWalter(a�regionofwaterloo.ca) via other methods.
It is the Region of Waterloo's preference that to address the noise study
requirements a holding provision shall apply to the entirety of the subject lands
until a detailed Environmental Noise Study has been completed and
implementation measures addressed to the satisfaction of the Regional
Municipality of Waterloo. The noise study is to address transportation noise,
stationary noise (if applicable) and shall review the potential impacts of the development
on itself (e.g. HVAC system on the sensitive points of reception) and the impact of the
development on the adjacent sensitive land uses.
t is the Region's understanding that the applicant is intending to submit a future plan of
condominium application. As such, the Region may alternatively accept the
Environmental Noise Study as part of a complete application for the future Draft Plan of
Condominium application with implementation to occur through conditions of draft
approval and/or the declaration
Environmental Planning
The subject lands are adjacent to Core Environmental Features, as designated by the
Regional Official Plan (ROP). The subject lands include areas immediately adjacent to
the Core Environmental Features which are currently Zoned NHC-1, consistent with the
recommendations of the 525 New Dundee Road, Kitchener ON Scoped Environmental
Impact Study (WSP, January 2021). The proposed Zoning By-law amendment does not
propose to modify the NCH -1 zoning, and as there are no Core Environmental Features
within the limits of the subject lands, there are no comments or concerns from
Environmental Planning related to the current application.
Water Services
It is the Region's understanding that the development is under construction, however it
should be noted that no connection to regional watermains will be permitted in
accordance with Section B.2.1.4.1 of the Design Guidelines and Supplemental
Specifications for Municipal Services for January 2021.
4
Page 54 of 291
Housing Comments
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.
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 in the section on affordability.
Should the additional 6 residential units be supported with a zoning by-law amendment,
staff recommend that the applicant consider providing a number of affordable
(affordable as defined in the Regional Official Plan) housing units on the site.
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.
Affordability
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:
Housing for which the purchase price
results in annual accommodation costs
which do not exceed 30 percent of gross
$385,500
annual household income for low and
moderate income households
Housing for which the purchase price is
$576,347
at least 10 percent below the average
Page 55 of 291
purchase price of a resale unit in the
regional market area
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 intormation available trom the NNS Housing I ables (2u21)
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.
Cultural Heritage
As this already has Site Plan approval, Cultural Heritage staff have no comments.
Innovation & Economic Development
The following Regional policies and initiatives support the development and
maintenance of affordable housing and use of Regional land to further the affordable
housing supply:
• Regional Strategic Plan
o Objective 4.2 directs the Region make affordable housing more available to
individuals and families.
• 10 -Year Housing and Homelessness Plan
o Contains an affordable housing target that 30% of all new residential
development between 2019 and 2041 in Waterloo Region is to be affordable
6
Page 56 of 291
to low and moderate income households.
Building Better Futures Framework
o Lays out how the Region will create 2,500 units of housing affordable to
people with low to moderate incomes by 2026.
o Through the creation of a Regional land portfolio, we will sell or develop
Regionally owned properties and buy additional land to further the affordable
housing goals. We will achieve this through strategic acquisition and
disposition of lands.
The Region supports the provision of a full range of housing options, including
affordable housing. In line with the recommendations from Housing Services, staff
recommend that the applicant consider providing affordable housing units within the
development. Affordable housing is defined in the Regional Official Plan.
Regional Land Portfolio
For the purposes of evaluating this proposal in the context of the Regional Land
Portfolio, consideration of development proximity to Regional land assets, impact of the
proposal on development of Regional lands, and opportunities for partnership and
collaboration have been investigated.
Proximity to Regional Lands
1.77 km; 345 Mill Park Drive, Kitchener
Property Use and Life Status of Nearby
Doon Regional Forest; In service
Regional Lands
Impact on Development of Regional
No anticipated impact.
Lands
Opportunities for Partnership
No anticipated partnership opportunities
with Regional Land Portfolio.
General Comments
In principle, the Region has no objection to the proposed zoning by-law amendment
provided that an Environmental Noise Study is reviewed and accepted by the Region of
Waterloo.
It is the Region's preference that to address the noise study requirements a holding
provision apply to the entirety of the subject lands until a detailed Environmental Noise
Study is completed and implementation measures addressed to the satisfaction of the
Regional Municipality of Waterloo.
Page 57 of 291
It is the Region's understanding that the applicant is intending to submit a future plan of
condominium application. As such, the Region may alternatively accept the
Environmental Noise Study as part of a complete application for the future Draft Plan of
Condominium application with implementation to occur through conditions of draft
approval and/or the declaration.
It is also the Region's understanding that any additional residential units on the ground
floor (beyond the permissions sought through this application) would be subject to a
future Planning Act application. As such, the applicant is advised that an Environmental
Noise Study would also be required as part of that process.
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.
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,
Jennifer Catarino, MCIP, RPP
Senior Planner
Dave Aston, MHBC (daston@mhbcplan.com)
Joel Doherty, HIP New Dundee GP Inc. (Joel@hipdevelopments.com)
Page 58 of 291