HomeMy WebLinkAboutDSD-2023-054 - Zoning By-law Amendment ZBA22-027-B-CD - Blocks 22, 25, 28 and part of blocks 20, 21, 23, 24, 26, 27, 29 Plan 58M-643 (Trussler West Subdivision) - Activa Holdings Inc.StaNRepvrt
Development Services Department www.kitchener.ca
REPORT TO: Planning and Strategic Initiatives Committee
DATE OF MEETING: February 13, 2023
SUBMITTED BY: Stevenson, Garett - Interim Director of Planning, 519-741-2200 ext.
7070
PREPARED BY: Dumart, Craig — Senior Planner, 519-741-2200 ext. 7073
WARD(S) INVOLVED: Ward 5
DATE OF REPORT: January 13, 2023
REPORT NO.: DSD -2023-054
SUBJECT: Zoning By-law Amendment ZBA/22/027/B/CD
Blocks 22, 25, 28 and part of blocks 20, 21, 23, 24, 26, 27, 29 Plan
58M-643 (Trussler West Subdivision)
Activa Holdings Inc.
RECOMMENDATION:
That Zoning By-law Amendment Application ZBA22/027/B/CD for Activa Holdings Inc. BE
APPROVED in the form shown in the "Proposed By-law", and "Map No. 1 ", attached to Report
DSD -2023-054 as Appendix "A".
REPORT HIGHLIGHTS:
The purpose of this report is to provide a planning recommendation to approve the Zoning By-law
Amendment application for the subject lands located at Blocks 22, 25, 28 and part of Blocks 20,
21, 23, 24, 26, 27, 29 on Registered Plan 58M-643 (Trussler West Subdivision)
• Community engagement included:
o Circulation of a preliminary notice of application postcard to occupants and property
owners within 240m of the subject lands;
o Installation of a large billboard notice signage on the property; and
o Notice of the Statutory Public Meeting was published in the Waterloo Region Record
on January 20, 2023.
• This report supports the delivery of core services.
EXECUTIVE SUMMARY:
The owner of the subject properties is requesting a Zoning By-law Amendment to change the zoning
from `Low Rise Residential Four Zone (RES -4)' with Site Specific Provisions (297), (301), and (302)
to `Low Rise Residential Five Zone (RES -5)' with Site Specific Provisions (297) (301) (303) and (359)
to allow for street townhouse dwelling units with increased garage facade widths of 78 percent for
corner lot units and reduced external unit (end unit) lot widths of 7 metres.
BACKGROUND:
Activa Holdings Inc. has made an application to the City of Kitchener for a Zoning By-law Amendment
proposing to change the zoning of Blocks 22, 25, 28 and part of Blocks 20, 21, 23, 24, 26, 27, 29 on
Registered Plan 58M-643 (also known as the Trussler West Subdivision) to allow for street
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Page 108 of 127
townhouse dwelling units with increased garage facade widths of 78 percent and reduced external
unit (end unit) lot widths of 7 metres. The subject lands are designated `Low Rise Residential' in the
City of Kitchener Official Plan and zoned `Low Rise Residential Four Zone (RES -4)' with Site Specific
Provisions (297), (301), and (302) in Zoning By-law 2019-051. No Official Plan amendment is
required or requested.
Existing zoning permissions include-
• Low Rise Residential Four Zone (RES -4) with Site Specific Provisions (297), (301), and (302)
permits:
o RES -4 Zoning permits: Low rise residential forms of housing including street
townhouse dwellings, semi detached, single detached attached and detached
additional dwelling units, -
o Site Specific Provision (297) permits- Covered porches to encroach 2.5 metres into
driveway visibility triangles-,
o Site Specific Provision (301) permits- Access driveways to be setback 4.5 metres
from intersecting street line, -
o Site Specific Provision (301) permits- Porches and terraces to be setback 2.5 metres
from the street line (301);
o Site Specific Provision (302) permits: Maximum building height of 12.5 metres;
o Site Specific Provision (302) permits- Minimum rear yard setback of 7.0 metres.
o Site Specific Provision (302) permits: Minimum 10 metre corner lot widths for semi-
detached dwellings, and 11 metre corner lot widths for single detached dwellings.
The subject lands are located in the Trussler West Subdivision, specifically within Blocks 22, 25, 28
and part of Blocks 20, 21, 23, 24, 26, 27, 29 on Registered Plan 58M-643.
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Figure 1 - Location Map- Blocks 22, 25, 28 and part of Blocks 20,
21, 23, 24, 26, 27, 29 on Registered Plan 58M-643 (Trussler West Subdivision)
Page 109 of 127
REPORT:
The owner is requesting a Zoning By-law Amendment to change the zoning from `Low Rise
Residential Four Zone (RES -4)' with Site Specific Provisions (297), (301), and (302) to `Low Rise
Residential Five Zone (RES -5)' with Site Specific Provisions (297), (301), (303) and (359) to allow
for street townhouse dwelling units with increased garage facade widths of 78 percent and reduced
external (end unit) lot widths of 7 metres. The subject lands, Blocks 22, 25, 28 and part of Blocks
20, 21, 23, 24, 26, 27, 29 on Registered Plan 58M-643 are currently zoned to permit single and semi-
detached dwellings with reduced building and driveway access setbacks which was planned and
approved along with the subdivision application. The Owner is looking to increase the density of the
subject properties and make better use of the lands by permitting street townhouse dwellings which
is a more compact built form compared to single detached and semi-detached dwellings.
To permit the development of street townhouse dwelling units, the Zoning By-law amendment is
required to change the Zoning from `RES -4' to `RES -5' with Site Specific Provisions. Site Specific
Provisions (297), (301) will continue to apply, and for consistency Site Specific Provision (303) will
be added to the subject lands which will permit minimum corner lot widths of 9.5 metres and 7.0
metre rear yard setback for street townhouse dwellings, whereas 7.0 metre rear yards are currently
permitted for single detached and semi-detached dwellings. Site Specific Provision (359) is a new
Site Specific Provision proposed to permit 78% garage fagade widths for corner lot units and 7.0
metre wide external lot widths. The proposed zoning aligns with existing zoning permissions of
existing and planned street townhouse dwelling developments in the surrounding neighbourhood.
Furthermore, the 78% garage facade width allows for a two -car wide garage for the corner lot end
units offering a variation of unit types in the townhouse blocks that are compatible for the planned
community as illustrated in Figure 1. below.
Figure 1. Concept rendering of 2 storey street townhouse dwelling.
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(b) of the PPS promotes all types of
residential intensification, and 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,
Page 110 of 127
intensification, and infrastructure planning to achieve cost-effective development patterns,
optimization of transit investments, and standards to minimize land consumption and servicing costs.
Planning staff is of the opinion that the proposed application will facilitate the development of the
subject properties with street townhouse dwellings that are compatible with the existing and planned
built form of the surrounding community and will make use of the newly developed infrastructure.
The proposed Zoning By-law Amendment does not result in changes that would require new public
roads and Engineering staff have confirmed there is capacity in the sanitary sewer to permit the
development of the subject lands.
Based on the foregoing, staff is of the opinion that this proposal is consistent with the PPS.
A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 (Growth Plan):
The Growth Plan supports the development of completeand 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. The subject lands are in close proximity to transit and the subject
lands close to nearby trails and parks.
Policy 2.2.7.1 of the Growth Plan requires municipalities to support housing choice through the
achievement of the minimum intensification and targets 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 lands are located within the City's delineated Greenfield Area. The proposed
development represents new development that will contribute towards achieving the City's minimum
density targets for the greenfield area. The proposed zoning will support the achievement of a
complete community by permitting a compatible low density housing type. Planning staff is of the
opinion that the development proposal 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 identified at part of the Urban Designated Greenfield Area in the
ROP. The proposed development conforms to Policy 2.D.1 of the ROP as this neighbourhood
provides for the physical infrastructure and community infrastructure to support the proposed
residential development, including transportation networks, municipal drinking -water supply and
wastewater systems, and a broad range of social and public health services. Regional policies
require Area Municipalities to plan for a range of 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 (Appendix `C'). Planning staff are of the opinion that the application conforms to the
Regional Official Plan.
City of Kitchener Official Plan:
Urban Structure
The subject lands are located within the `Community Areas' in the City's Urban Structure (Map 2).
The planned function of Community Areas is to provide for residential uses as well as non-residential
supporting uses intended to serve the immediate residential areas.
Land Use Designation
The subject lands are designated Low Rise Residential (Map 3) in the 2014 Official Plan. The Low
Rise Residential land use designation permits a full range of low density housing types which may
include single detached dwellings, semi-detached dwellings, street townhouse dwellings, and low -
Page 111 of 127
rise multiple dwellings. The Low Rise Residential land use designation considers a Floor Space
Ratio up to 0.75 and allows a maximum building height of 3 storeys.
Planning staff is of the opinion that the requested zoning conforms with Low Rise Residential land
use designation and an Official Plan Amendment is not required. Street townhouses dwellings are a
permitted use in the Low Rise Residential land use designation.
Urban Design
The City is committed to achieving a high standard of urban design, architecture and place -making
to positively contribute to quality of life, environmental viability and economic vitality. Urban design
is a vital component of city planning and goes beyond the visual and aesthetic character of individual
buildings and also considers the functionality and compatibility of development as a means of
strengthening complete communities. The subject lands will accommodate seven blocks of
townhouse dwellings and provide a range of units types including seven external end units, seven
corner lot units, and twenty eight internal townhouse units. Only the seven corner lot units will be
permitted to have 78% garage fagade widths which can accommodate two -car wide garages and
two additional driveway parking spaces. The corner lots are priority lots which will include high
quality design and materials for the corner lot units with wrap around covered porches.
Urban Design policies in the 2014 Official Plan support creating visually distinctive and identifiable
places, structures and spaces that contribute to a strong sense of place and community pride, a
distinct character and community focal points that promote and recognize excellence and innovation
in architecture, urban design, sustainable building design and landscape design. The City will require
high quality urban design in the review of all development applications through the implementation
of the policies of the Official Plan and the City's Urban Design Manual. The Planning Act was
amended by Bill 23, More Houses Built FasterAct, and a result, the City can no longer require a site
plan approval process for street fronting townhouse developments with less than 10 dwelling units.
Housing
The City's primary objective with respect to housing in the Official Plan 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 continues to allow for the range of dwelling units available in the city and the
proposed development offers modern street townhouse units that reflect a high standard of urban
design. The proposed development is a compatible low rise residential use that is appropriate for
the existing and planned neighbourhood.
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-IawAmendment:
The subject lands, Blocks 22, 25, 28 and part of Blocks 20, 21, 23, 24, 26, 27, 29 on Registered Plan
58M-643 are currently zoned `Low Rise Residential Four Zone (RES -4)' with Site Specific Provisions
(297), (301), and (302) in Zoning By-law 2019-051 which permits single and semi-detached
dwellings with reduced building and driveway access setbacks.
The owner is requesting a Zoning By-law Amendment to change the zoning from `Low Rise
Residential Four Zone (RES -4)' with Site Specific Provisions (297), (301), and (302) to `Low Rise
Residential Five Zone (RES -5)' with Site Specific Provisions (297), (301), (303) and (359) in Zoning
Page 112 of 127
By-law 2019-051 to allow for street townhouse dwellings and further to permit 78% garage fagade
widths for corner lot units and 7.0 metre wide for the townhouse end units on the external lot widths.
Official Plan policies indicate that where special zoning regulations are requested for residential
intensification or a redevelopment of lands, the overall impact of the site specific zoning regulations
will consider compatibility with existing built form; appropriate massing and setbacks that support
and maintain streetscape and community character; appropriate buffering to mitigate adverse
impacts, particularly with respect to privacy; avoidance of unacceptable adverse impacts by
providing appropriate number of parking spaces and an appropriate landscaped/amenity area.
The owner is seeking to amend the Zoning By-law to add Site Specific Provision (359) to Zoning By-
law 2019-051. The proposed Site Specific Provision is to permit 78% garage fagade widths for corner
lot units and 7.0 metre wide external lot widths for the end unit street townhouse dwellings.
Site Specific Provision (359):
i) The minimum lot width (external unit) for street townhouse dwellings shall be 7.0 metres.
ii) The maximum private garage width of a street townhouse dwelling corner lot unit shall
be 78% of the width of the front fagade closest to the street at grade.
Staff offer the following comments with respect to the requested Site Specific Provision (359):
Site Specific Provision (359) allows the end unit street townhouse dwellings on the external lots to
require/have a minimum lot width of 7.0 metres and to permit corner lot unit garage widths to be a
maximum of 78%. This site-specific regulation aligns with existing zoning permissions of existing
and planned street townhouse dwelling developments in the surrounding neighbourhood and allow
for two -car garage corner lot end units offering a variation of unit types in the townhouse blocks.
WHAT INE HEARD
' No comments received
43 households circulated and notified
Department and Agency Comments:
Preliminary circulation of the Zoning By-law amendment was undertaken on December 16, 2022 to
applicable City departments and other review authorities. No concerns were identified by any
commenting City department or agency. A consolidation of comments is attached as Appendix `C'
of this report.
Community Input & Staff Responses
Staff circulated the preliminary notice of application postcard to occupants and property owners
within 240 metres of the subject lands. No responses were received.
Planning Conclusions
Planning staff are supportive of the Zoning By-law amendment. Staff is of the opinion that the subject
applications are consistentwith policies of the Provincial Policy Statement (2020), conform to Growth
Page 113 of 127
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.
ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN:
The recommendation of this report supports the achievement of the City's strategic vision through
the delivery of core service.
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. A large notice sign was posted on the property and information
regarding the application was posted to the City's website in December 2022. Following the initial
circulation referenced below, an additional postcard advising of the statutory public meeting was
circulated to all residents and property owners within 240 metres of the subject lands. Notice of the
Statutory Public Meeting was also posted in The Record on January 20, 2023 (a copy of the Notice
maybe found in Appendix `C').
CONSULT —The proposed Official Plan Amendment and Zoning By-law Amendment were circulated
to residents and property owners within 240 metres of the subject lands on December 16, 2022.
Staff did not receive any responses. All information received was posted on the City's StoryMap
application tool.
PREVIOUS REPORTS/AUTHORITIES:
• Planning Act, R.S.O. 1990, c. P.13
• Growth Plan, 2020
• Provincial Policy Statement (PPS), 2020
• Region of Waterloo Official Plan
• City of Kitchener Official Plan, 2014
• City of Kitchener Zoning By-law 2019-051
REVIEWED BY: Malone -Wright, Tina — Interim Manager of Development Review, Planning
Division
APPROVED BY: Readman, Justin - General Manager, Development Services
APPENDIXS:
Appendix A — Proposed Zoning By-law Amendment
Appendix B — Newspaper Notice
Appendix C — Department and Agency Comments
Page 114 of 127
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
—Activa Holdings Inc.
— Blocks 22, 25, 28 and part of Blocks 20, 21, 23, 24, 26, 27 and 29, Plan 58M-643)
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 follows:
1. Schedule Number 23 of Appendix "A" to By-law Number 2019-051 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 Low Rise
Residential Four Zone (RES -4) with Site Specific Provisions (297), (301) and (302) to
Low Rise Residential Five Zone (RES -5) with Site Specific Provisions (297), (301),
(303) and (359).
2. Schedule Number 23 of Appendix "A" to By-law Number 2019-051 is hereby further
amended by incorporating additional zone boundaries as shown on Map No. 1
attached hereto.
3. Section 19 to By-law 2019-51 is hereby amended by adding Section 19 (359) thereto
as follows:
"(359). Notwithstanding Sections 5.4, Table 5-2 and 7.3, Table 7- 4 of this By-law
within the lands zoned RES -5 and shown as being affected by this
subsection on Schedule Number 23 of Appendix "A", the following special
regulations shall apply:
Page 115 of 127
i) The minimum lot width (external unit) for a street townhouse dwelling
unit shall be 7.0 metres.
ii) The maximum private garage width of a street townhouse dwelling
corner lot unit shall be 78% of the width of the front fagade closest to
the street at grade."
PASSED at the Council Chambers in the City of Kitchener this
day of
,2023
Mayor
Clerk
Page 116 of 127
OS R-2
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SUBJECT AREA(S) \
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AMENDMENT TO BY-LAW 2019-051
AREA 1 -
FROM LOW RISE RESIDENTIAL FOUR ZONE
(RES -4)
WITH SITE SPECIFIC PROVISIONS
(297), (301) AND (302)
TO LOW RISE RESIDENTIAL FIVE ZONE
(RES -5)
WITH SITE SPECIFIC PROVISIONS
(297), (301), (303) AND (359)
BY-LAW 85-1
1-1 NEIGHBOURHOOD INSTITUTIONAL ZONE
BY-LAW 2019-051
MU -1 LOW INTENSITY MIXED USE CORRIDOR
ZONE
NHC-1 NATURAL HERITAGE CONSERVATION
ZONE
OSR-2 OPEN SPACE: GREENWAYS ZONE
OSR-3 OPEN SPACE: STORMWATER
MANAGMENTZONE
RES -2 LOW RISE RESIDENTIAL TWO ZONE
RES -4 LOW RISE RESIDENTIAL FOUR ZONE
RES -5 LOW RISE RESIDENTIAL FIVE ZONE
\ NHC-1
_ _ _ _ _ _ _ _ _ _ _ _ _ SCHEDULE23_ _ ZONE GRID REFERENCE
- - - - - - - - - - - -
SCHEDULE 24 SCHEDULE NO. 23
OFAPPENDIX'A'
\X-2 OSR-2 RES -4 KITCHENERZONING BY-LAW85-1 AND2019-051
� (297), ZONE LIMITS
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MAP NO. 1 0 50 100 ZONING BY-LAW AMENDMENT ZBA22/027/B/CD
METRES OFFICIAL PLAN AMENDMENT N/A
ACTIVA HOLDINGS INC. SCALE 1:4,000
City of Kitchener FILE
BENNINGER DR DATE: DECEMBER 15, 2022 ZBA22027BCD_MAP1b
DEVELOPME T SERVICES DEPARTMENT, PLANNING mxd
NOTICE OF PUBLIC MEETING
for a development in your neighbourhood
Benninger Drive
Concept Drawing
tA iA
tA"
Have Your Voice Heard!
Date: February 13, 2023
Time: 7:00 p.m.
Location: Council Chambers,
Kitchener City Hall
200 King Street West
orVirtual Zoom Meeting
To view the staff report, agenda,
meeting details, start time of this item
orto appearasa delegation, visit:
kitchener.ca/meetings
To learn more about this project,
including information on your
appeal rights, visit:
www.kitchener.ca/
PlanningApplications
or contact:
Low Rise 42 Street 2 Storeys Craig Dumart, Senior Planner
Residential Townhouse 519.741.2200 x 7073
Dwellings craig.dumart@kitchener.ca
A Zoning By-law Amendment application will be considered to facilitate the
development of 42 street townhouse dwelling units with increased garage facade
widths of 78 percent of the lot width and reduced lot widths for the end lots/units of the
townhouse dwelling block of 7 metres.
Page 118 of 127
Region of Waterloo
Craig Dumart, MCIP, RPP
Senior Planner
City of Kitchener
City Hall, P.O. Box 1118
200 King St. West
Kitchener, ON N2G 4G7
Dear Mr. Dumart:
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
Community Planning
150 Frederick Street 8th Floor
Kitchener Ontario N2G 4,13 Canada
Telephone: 519-575-4400
TTY: 519-575-4608
Fax: 519-575-4466
www. regionofwaterloo.ca
Shilling Yip (226) 753-1064 (cell)
File: C14-60/22/027/B/CD
January 16, 2023
Re: Post Circulation Comments
ZBA 22/027/B/CD
Activa Holdings Inc.
Benninger Drive
CITY OF KITCHENER
Region staff has reviewed the above -noted application and provide the following
comments at this time. The applicant is requesting an amendment to the zoning by-law
for lands located on Benninger Drive described as Blocks 22, 25, 28 and part of Blocks
20, 21, 23, 24, 26, 27 29 on Plan 58M-643 to allow for 42 street townhouse units with
increased garage fagade widths of 78 percent and reduced external (end unit) lot widths
of 7 metres. The lands form part of Stage 2 of the Activa Trussler West Subdivision 30T-
08204 which registered as 58M-643.
Corridor Planning
Staff has reviewed the draft report entitled,
By-law Amendment — Noise Impact Study"
addresses road traffic and stationary
recommendations are acceptable.
"Activa Trussler (58M-643) Stage 2, Zoning
(Stantec, September 23, 2022). The report
noise sources. The conclusions and
Road Traffic Noise Sources
Table 6.1 (p. 14 of report) summarizes the predicted daytime and nighttime noise levels
of Blocks assessed. The results show that indoor noise levels exceed the applicable
limits for all blocks and outdoor noise levels exceed the applicable limit for Block 28 and
parts of Block 27 and Block 29. As such, provision for air conditioning and compliance
Document Number: 4281955 Version: 1
Page 119 of 127
with the OBC are recommended to meet guideline limits. Noise warning clauses are also
recommended (to be included in all Offers to Purchase). Proposed wording as follow:
"Purchasers/tenants are advised that sound levels due to increasing road traffic may
occasionally interfere with some activities of the dwelling occupants as the sound levels
exceed the sound level limits of the Municipality and the Mininistry of the Environment,
Conservation and Parks."
"This dwelling unit has been designed with the provision for adding central air conditioning
at the occupant's discretion. Installation of central air conditioning by the occupant in low
and medium density developments will allow windows and exterior doors to remain
closed, thereby ensuring that the indoor sound levels are within the sound level limits of
the Municipality and the Ministry of the Environment, Conservation and Parks."
The above recommendations are to be secured in an agreement with the City of
Kitchener. Staff recommends an amendment to the residential subdivision agreement
with the City.
Stationary Noise Sources
The report notes the closest stationary noise source is approximately 800 metres to the
southeast (Mannheim Water Treatment Plant, Reservoir, and Pumping Station), and that
site observations note that the Mannheim noise sources were not audible at the subject
blocks. Therefore, no mitigation is required to address stationary noise.
Finally, staff notes the noise study is only in draft form and the Engineer's Declaration is
not signed and Owner Statement missing. Please provide a completed copy of the report
to the Region.
Region staff has no objection with City staff proceeding with a recommendation to
Committee and Council on the application subject to the above -noted comments.
The Region's planning modification fee was received January 13, 2023.
Should you have any questions, please do not hesitate to contact the undersigned.
Yours truly,
Shilling Yip, MCIP, RPP
Principal Planner
cc. Pierre Chauvin, MHBC Planning (Kitchener)
Joginder Bhatia, Region Corridor Planning
Document Number: 4281955 Version: 1
Page 120 of 127
Craig Dumart
From: Pegah Fahimian
Sent: Friday, January 13, 2023 3:19 PM
To: Craig Dumart
Subject: FW: OPA-ZBA-Trussler- Stage 2 -
Hi Craig,
I reviewed the submitted package a. Enhanced elevations should be provided for the corner units and will be reviewed
at the Building permit stage. The priority lots should be included in the site plan. All available space between the street
and the building is to be landscaped, including street trees and entry features.
Thanks,
Pegah Fahimian, BArch, M.Arch, MUD
Senior Urban Designer/ Planning Division / City of Kitchener
519-741-2200 ext. 7342 / TTY 1-866-969-9994
Pegah.Fahimian@kit-chener.ca
1
Page 121 of 127
City of Kitchener
Zone Change / Official Plan Amendment Comment Form
Address: Blocks 22, 25, 28 and Pt of Blocks 20,21,23,24, 26, 27, 29 Plan 58M-643 30T-
08204
Owner: Activa Holdings Inc
Application: Zoning By-law Amendment #ZBA22/027/B/CD
Comments Of: Parks and Cemeteries
Commenter's Name: Lenore Ross
Email: Lenore.ross@kitchener.ca
Phone: 519-741-2200 ext 7427
Date of Comments: Jan 13 2023
❑ 1 plan to attend the meeting (questions/concerns/comments for discussion)
FX1 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 application to amend the
Zoning By-law for the subject lands located on Benninger Drive described as Blocks 22, 25, 28 and Part
of Blocks 20, 21, 23,24, 26, 27, 29 Plan 58M-643 (Trussler West Plan of Subdivision 30T-08204) to
allow for 42 street townhouse dwelling units with increased garage facade widths of 78 percent and
reduced external (end unit) lot widths of 7 metres.
• Planning Justification Report
• Sustainability Statement
• Noise Study
• Elevations and Floor Plans
• Preliminary Site Plan
2. General Comments & Issues:
• Parks and Cemeteries has no significant concerns with the proposed Zoning Bylaw amendments.
• Street Tree Planting Plans are required for this stage of the subdivision and with the reduced
landscaped area and reduced available soil volumes available in front and flankage yards,
alternate tree planting locations will be necessary to achieve tree planting targets.
3. Comments on Submitted Documents
1) No comments, no concerns.
4. Policies, Standards and Resources:
® City of Kitchener Official Plan
® 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
A City for Everyone
Working Together— Growing Thoughtfully — Building Community
Page 1 of 2
Page 122 of 127
City of Kitchener
Zone Change / Official Plan Amendment Comment Form
Places & Spaces: An Open Space Strategy for Kitchener
Multi -Use Pathways & Trails Masterplan
• Urban Design Manual
S. Anticipated Fees:
Parkland dedication is not currently required for the application as it has been satisfied through Kitchener
Draft Agreement (KDA) 30T-08204.
Dedication requirements are subject to the Parkland Dedication Bylaw 2022-101, Policy and rates in
effect. Please be advised that an updated Parkland Dedication Policy and By-law were approved by City
of Kitchener Council on August 22 2022. The Bylaw is under appeal. Further changes to the Bylaw may
be required as a result of the Bill 23 — More Homes Built Faster Act.
A City for Everyone
Working Together— Growing Thoughtfully — Building Community
Page 2 of 2
Page 123 of 127
Craig Dumart
From: Gaurang Khandelwal
Sent: Wednesday, January 11, 2023 9:53 AM
To: Craig Dumart
Subject: RE: Circulation for Comment - Benninger Drive (ZBA)
Hi Craig,
No policy concerns for this application.
Regards,
Gaurang Khandelwal (he/him), MA, MCIP, RPP
Planner (Policy) I Planning Division I City of Kitchener
519-741-2200 x 76111 TTY 1-866-969-9994 1 gaurano.khandelwalakitchener ca
Hi Gaurang,
Quick review and comments to Craig as necessary. Don't think that there is much to comment on here. And it is for
Activa's Trussler Road subdivision not Benninger Drive as noted above.
Natalie
Natalie Goss (she/her), MA, MCIP, RPP
Manager Policy & Research I City of Kitchener
519-741-2200 Ext 76481 TTY 1-866-969-9994 1 natalie.gossCa kitchener ca
From: Christine Kompter <Christine.Kompter@kitchener ca>
Sent: Friday, December 16, 2022 2:19 PM
To: _DL #_DSD_Planning <DSD-PlanningDivision@kitchener ca>; Bell - c/o WSP <circulations@wsp com>; Carlos Reyes
<Carlos.Reyes@kitchener.ca>; Darren Kropf <Darren.Kropf@kitchener ca>; Dave Seller <Dave.Seller@kitchen er.ca>:
David Paetz <David.Paetz@kitchener.ca>; Ellen Straus <EIIen.Straus@kitchener.ca>; Enova Power Corp. - Greig Cameron
<greig.cameron@enova ower com>; Enova Power Corp. - Shaun Wang <shaun.wang@enovapower com>; Feds
<v_ped@feds.ca>; GRCA - Planning (plan ning@ randriver.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.Readman@kitchener ca>; Katherine Hughes
<I<atherine.Hughes@kitchener.ca>; Mike Seiling <IVlike.Seilin @kitchener ca>; Ontario Power Generation
<E;;ecutivevp.lawanddevelopment@opg.corn>; Park Planning (SM) <Park.Planning@kitchener.ca>; Region - Planning
Page 124 of 127
Craig Dumart
From: Deeksha Choudhry
Sent: Tuesday, January 10, 2023 11:52 AM
To: Craig Dumart
Subject: Re: Circulation for Comment - Benninger Drive (ZBA)
Hi Craig,
No heritage planning issues or concerns for this application.
Thanks!
Kind Regards,
Deeksha Choudhry, Wc, BES
Heritage Planner I Planning Division I City of Kitchener
519-741-2200 ext. 72911 TTY 1-866-969-9994
deeksha.choudhry@kitchener.ca
Residents are encouraged to visit kitchener.ca/covid99 for the most up-to-date information about City services
short videos
ti r,,F,t Want to know, more
mapping tool
about planning? walkingtours',
and moref.
From: Christine Kompter<Christine.Kompter@kitchener.ca>
Sent: Friday, December 16, 2022 2:18 PM
To: _DL_#_DSD_Planning <DSD-PlanningDivision@kitchener.ca>; Bell - c/o WSP <circulations@wsp.com>; Carlos Reyes
<Carlos.Reyes@kitchener.ca>; Darren Kropf <Darren.Kropf@kitchener.ca>; Dave Seller <Dave.Seller@kitchener.ca>;
David Paetz <David.Paetz@kitchener.ca>; Ellen Straus <EIIen.Straus@kitchener.ca>; Enova Power Corp. - Greig Cameron
<greig.cameron@enovapower.com>; Enova Power Corp. - Shaun Wang <shaun.wang@enovapower.com>; 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.Readman@kitchener.ca>; Katherine Hughes
<Katherine.Hughes@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>
Page 125 of 127
Craig Dumart
From: Dave Seller
Sent: Friday, December 23, 2022 11:26 AM
To: Craig Dumart
Subject: UPDATED ZBA comments: (Trussler West Subdivision 30T-08204 Benninger Drive)
City of Kitchener
Application Type: Zoning By-law Amendment
Application➢ #: ZBA22/027/B/CD
Project Address: Blocks 22, 25, 28 and Part of Blocks 20, 20, 23,24, 26, 27, 29, Plan 58M-643 (Trussler West
Subdivision 30T-08204 Benninger Drive)
Comments of: Transportation Services
Commenter's Name: Dave Seller
Email: dave.seller@kitchener.ca
Phone: 519-741-2200 ext. 7369
Date of Comments: December 23, 2022
a. Transportation Services have no concerns with the proposal to allow for 42 street townhouse dwelling units with
increased garage facade widths of 78 percent and reduced external (end unit) lot widths of 7 metres.
N,C t R-6 612R,
6638, 665R
g�ASL�
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66' R'' a�
1-11 612R,,
6638, 664R
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(abkitchener.ca
From: Craig Dumart <Craig.Dumart@kitchener.ca>
Sent: Friday, December 23, 2022 11:00 AM
To: Dave Seller <Dave.Seller@kitchener.ca>
Subject: RE: ZBA comments: (Trussler West Subdivision 30T-08204 Benninger Drive)
Hi Dave,
1
Page 126 of 127
Craig Dumart
From:
Niall Melanson
Sent:
Friday, December 23, 2022 9:20 AM
To:
Craig Dumart
Cc:
Angela Mick
Subject:
ZBA22/027/B/CD - Engineering & KU Clearance
Morning Craig
Engineering and Kitchener Utilities can provide our clearances for the ZBA.
Merry Christmas
Niall Melanson, C.E.T.
Project Manager I Development Engineering I City of Kitchener
519-741-2200 Ext. 7133 1 TTY 1-866-969-9994 1 niall.melanson kitchener ca
Page 127 of 127