Loading...
HomeMy WebLinkAboutDSD-2023-136 - Follow Up Report - OP17/003/F/GS - ZC17-010-F-GS - Henry Walser Funeral Home Ltd - Leeann Marie Walser - Henry James Walser - 2544770 Ontario Inc. Development Services Department www.kitchener.ca REPORT TO: Committee of the Whole DATE OF MEETING: March 20, 2023 SUBMITTED BY: Garett Stevenson, Interim Director, Planning, 519-741-2200 ext. 7070 PREPARED BY: Garett Stevenson, Interim Director, Planning, 519-741-2200 ext. 7070 WARD(S) INVOLVED: Ward 1 DATE OF REPORT: March 13, 2023 REPORT NO.: DSD-2023-136 SUBJECT: Follow Up to DSD-2022-478, DSD-2023-062, DSD-2023-085 Official Plan Amendment OP17/003/F/GS Zoning By-law Amendment ZC17/010/F/GS Henry Walser Funeral Home Ltd, Leeann Marie Walser, Henry James Walser and 2544770 Ontario Inc. RECOMMENDATION: Option 1 (original proposal) That Official Plan Amendment Application OP17/003/F/GS for Henry Walser Funeral Home Ltd, Leeann Marie Walser, Henry James Walser and 2544770 Ontario Inc. requesting a Commercial land use designation and Specific Policy Area 58 to permit a crematorium/cremator as an accessory use to a funeral home, on the lands specified and i shown in the Official Plan Amendment attached to Report DSD-2023-085 as Appendix That Zoning By-law Amendment Application ZC17/010/F/GS requesting to amend Zoning By-law 2019-051, for Henry Walser Funeral Home Ltd, Leeann Marie Walser, Henry James Walser and 2544770 Ontario Inc. be approved in the form shown in the - Report DSD-2023-085 as Appendix That pursuant to Section 34(17) of the Planning Act, R.S.O. 1990, c. P. 13, as amended, further notice is not required to be given in respect to Zoning By-law Amendment ZC17/010/F/GS, and That Council give approval under Section 83(3) of the Funeral, Burial and Cremation Services Act, to establish a Crematorium proposed at 507 Frederick Street; and further, *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. That under Section 84(4) of the Funeral, Burial and Cremation Services Act, staff be directed to send a copy of the Council decision to the Provincial registrar and the owner, and that staff also be directed to publish notice of the decision in The Record newspaper. Option 2 (removes 48 Becker Street from the application) That Official Plan Amendment Application OP17/003/F/GS for Henry Walser Funeral Home Ltd, Leeann Marie Walser, Henry James Walser and 2544770 Ontario Inc. requesting a Commercial land use designation and Specific Policy Area 58 to permit a crematorium/cremator as an accessory use to a funeral home, on the lands shown in the Official Plan Amendment attached to Report DSD-2023-085 as Appendix e Region of Waterloo for approval; and That Zoning By-law Amendment Application ZC17/010/F/GS requesting to amend Zoning By-law 2019-051, for Henry Walser Funeral Home Ltd, Leeann Marie Walser, Henry James Walser and 2544770 Ontario Inc. be approved in the form shown in the --2023-085 as Appendix That pursuant to Section 34(17) of the Planning Act, R.S.O. 1990, c. P. 13, as amended, further notice is not required to be given in respect to Zoning By-law Amendment ZC17/010/F/GS, and That Council give approval under Section 83(3) of the Funeral, Burial and Cremation Services Act, to establish a Crematorium proposed at 507 Frederick Street; and further, That under Section 84(4) of the Funeral, Burial and Cremation Services Act, staff be directed to send a copy of the Council decision to the Provincial registrar and the owner, and that staff also be directed to publish notice of the decision in The Record newspaper. REPORT HIGHLIGHTS: The purpose of this report is to provide additional information requested by Council and to consider additional options regarding the Official Plan Amendment and Zoning By- law Amendment applications for Henry Walser Funeral Home. Staff have prepared two options for Council to consider o the original proposal, and o a new second option that proposes to remove 48 Becker Street from the limit of the development application and maintain existing residential permissions for those lands. This report supports the delivery of core services. BACKGROUND: On January 9, 2023, the Planning and Strategic Initiatives Committee referred consideration of Official Plan Amendment application OP17/003/F/GS and Zoning By-law Amendment application ZC17/010/F/GS to the City Council meeting scheduled for January 30, 2023 to: - explore the use of Becker Street for parking, - look at options for lands owned by the Ministry of Transportation addressed as 61 Becker Street, - review reduced on-site minimum parking rates, - explore the potential sale of Becker Street (public right-of-way) and acquisition of dwellings addressed as 40, 44, and 48 Becker Street, - review the potential redesign of the proposed funeral home building addition, and - consider removing 40, 44, and/or 48 Becker Street from the redevelopment proposal. The Applicant, the Owner, and staff needed additional time to explore the options noted above and as a result, consideration of the matter was further deferred at the request of the Applicant to the February 27, 2023 meeting of Kitchener City Council. A further deferral was request and approved by Council to consider these applications at the March 20, 2023 Council meeting. The Applicant has now proposed an alternative housing arrangement for the potentially displaced residents living at 40 and 44 Becker Street - offering an opportunity for each household to move into a vacant residential unit at 127 Ann Street or 48 Becker Street. Planning staff have prepared a revised Official Plan Amendment and Zoning By-law Amendment, which are outlined in the Option 2 section below. REPORT: Staff and the Applicant have considered the requests outlined for Council to consider as discussed below: Use of Becker Street for Parking Staff met with the Ministry of Transportation (MTO) regarding the potential closure and sale of Becker Street to Henry Walser Funeral Home for the use of parking and also discussed this consideration with City of Kitchener Transportation and Reality Services staff. Currently, unrelated to the Official Plan amendment application, MTO is in the process of preparing working drawings for the reconstruction of Becker Street. At this time, based on preliminary design and at the request of City staff, design drawings include a publicly owned sidewalk between the highway and the funeral home building. This would maintain the existing pedestrian connection from the neighbourhood to Frederick Street. The final design drawings and the date for the reconstruction of the Frederick Street bridge is not known at this time. Staff will further explore the potential for overflow and staff parking along Becker Street through the site plan review process, with a specific focus on the triangle shaped parcel west of Becker Street. The Applicant has advised that supplying parking on the west side of Becker Street (on the triangle shaped piece of property) for patrons and customers does not align with their business needs, but would be a workable solution for staff parking. The preference is to provide on-site parking within immediate proximity of the funeral home to prevent creating any mobility challenges by funeral home customers and visitors. However, by relocating staff parking,the on-site parking demand can be reduced, freeingup spaces in the proposed parking lots for funeral home customers and visitors. 61 Becker Street Council had directed staff to discuss options with the owner of 61 Becker Street; the Ministry of Transportation (MTO); for the use of 61 Becker Street for the purposes of affordable housing or off-site parking for the funeral home. Staff met with MTO who confirmed that 61 Becker Street is required for construction staging and MTO is not able to consider disposition options at this time. The timing of the Frederick Street bridge is not finalized and subject to change, and as such, MTO could not confirm when future consideration of these lands may be explored further. Reduce On-site Parking Rates Planning and Transportation staff reviewed the proposed on-site parking rate and are not recommending a further reduction. Currently (since the 2013 parking lot expansion), there are approximately 113 parking spaces provided. Based on the total floor area, parking is provided at a rate of 1 space per 13.8 square metres, and is generally used near capacity when the funeral home is in full operation. To meet customer parking demand, staff parking is currently informally accommodated at the end of Becker Street and in the gravel parking lot on the west side of Becker Street. Once Becker Street is rebuilt, that staff parking will have to be accommodated in a formal parking lot, either on-site, or on the west side of Becker Street. The proposed parking rate is 1 space per 24.5 square metres of floor area (a reduction from 1 space per 23 square metres of floor area in the Zoning By-law). The on-site parking is proposed to increase from 113 spaces to approximately 133 (approximately 121 on site spaces and approximately 12 off-site spaces), representing an increase of 17%. The building floor area is proposed to increase from 1568 square metres to 3050 square metres (including all additions and useable floor area), an increase of 94%. The proposed parking rate is a reduction based on current operations; operations which already rely on the lands west of Becker Street for staff parking. It is anticipated that a further reduction would result in on-street parking within the existing surrounding neighbourhood, and would result in other parking and traffic safety concerns. Sale of Becker Street The redesign of Becker Street by MTO is planned to include a public sidewalk from Fife Avenue to Frederick Street. The City should maintain ownership of the right-of-way to ensure a sidewalk can be provided and maintained appropriately. Further, as outlined in Option 2, should 48 Becker Street remain for residential use, that would be an independent property that would require frontage onto a public street, as well as servicing within the Becker Street right-of-way. As a result, staff are not recommending the sale of Becker Street. City Acquisition of 40, 44, and 48 Becker Street After a high-level cursory review, Staff are not recommending that the City pursue consideration for the purchase 40, 44 or 48 Becker Street. Staff recommend continuing with a more comprehensive approach for the strategic acquisition of land for publicly owned affordable housing, potentially with a housing partner at a larger scale in a more compact housing form. Option 2 retains 48 Becker Street as a residential property, which is required to have frontage and access to a public street to comply with the Zoning By-law and Development Manual. Redesign of the Proposed Funeral Home The applicant has advised that a one storey funeral home design is desired with all customer serving areas and funeral home service areas on the main floor. The applicant has also advised that a barrier-free main floor is desirable to reduce mobility challenges potentially faced by customers and visitors. Further, due to the volume of customers and visitors to the funeral home at peak times (as an example at the beginning of a scheduled service), the Owner advised that relying on an elevator for larger groups could cause delay for services and create an additional barrier and frustration for customers and visitors. Option 2 In discussions with the Applicant, Planning staff have prepared a second option which proposes to maintain existing land use permissions for the property addressed as 48 Becker Street. Staff have been advised that the Owner has offered the tenants at 40 and 44 Becker Street, who would be displaced with this proposal, an opportunity to move into a residential unit at 127 Ann Street or 48 Becker Street. Staff have been advised that there are two upcoming vacancies at 48 Becker Street, and one upcoming vacancy at 127 Ann Street, where tenants have initiated the termination of their lease. The Owner is proposing to offer the three displaced households the first opportunity to move to one of the units at 48 Becker Street and 127 Ann Street. The Owner has also advised that they have reconsidered their construction schedule to maintain the residential units at 40 and 44 Becker Street until such time as the units within 48 Becker Street and 127 Ann Street can be occupied by the displaced households. This second option does see an overall supply decrease of 5 residential units but provides a housing option for the displaced residents should they wish to move to 48 Becker Street or 127 Ann Street. Arrangements to relocate and move existing tenants, as well as rent rates, cannot be regulated by the City and would be a matter between the Owner and the tenants through their lease discussions. Disputes would be resolved through the Landlord and Tenant Board. Staff have prepared a revised Official Plan Amendment and Zoning By-law Amendment, attached as Appendix B, which removes 48 Becker Street from the development applications, therefore retaining existing residential permissions. No changes are required to the land use permission for 127 Ann Street. Updated Planning Instruments and Recommendations In March 2022, Council passed Zoning By-law 2022-040 which had the effect of amending -law, Zoning By-law 2019-051 (CRoZBy), to add seven new residential zones (RES-1 through RES-7) which was subsequently appealed. The appellant formally withdrew their appeal on January 11, 2023 and as such, the By-law 2019- 051 as amended by By-law 2022-040 is now in effect, as approved by Council. The Official Plan Amendments and amending Zoning by-laws attached as Appendix A (original proposal) and Appendix B (Option 2) have been updated to remove reference to the appeal. The by-laws were also updated to amend current zoning and site specific provision numbering. Planning staff have prepared two options for Council to consider on these applications. Attached as Appendix A is the original proposal (with minor zone category and numbering changes noted above) presented to the Planning and Strategic Initiatives Meeting on January 9, 2023. A second option is attached as Appendix B which maintains residential land use permissions for 48 Becker Street. The Official Plan Amendment would no longer apply to 48 Becker Street and the lands would remain designated as Low Rise Residential and the zoning would remain as Rise Residential Four Zone (RES-4). 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 the council meeting. Notice of the deferral was emailed to all delegates that presented at the Planning and Strategic Initiatives Committee on January 9, 2023. PREVIOUS REPORTS/AUTHORITIES: DSD-2022-478, Official Plan Amendment OP17/003/F/GS application and Zoning By-law Amendment ZC17/010/F/GS application DSD-2023-062, Follow Up report regarding Official Plan Amendment OP17/003/F/GS application and Zoning By-law Amendment ZC17/010/F/GS application DSD-2023-085, Second Follow Up report regarding Official Plan Amendment OP17/003/F/GS application and Zoning By-law Amendment ZC17/010/F/GS application APPROVED BY: Justin Readman, General Manager, Development Services ATTACHMENTS: Attachment A Option 1 (Official Plan Amendment and Zoning By-law Amendment) Attachment B Option 2 (Official Plan Amendment and Zoning By-law Amendment) AMENDMENT NO. __ TO THE OFFICIAL PLAN OF THE CITY OF KITCHENER CITY OF KITCHENER 507 Frederick Street, 40, 44, 48 Becker Street & Plan 42, Pt Lots 27 to 30, RP 58R-15854 Pt 1 AMENDMENT NO. __ TO THE OFFICIAL PLAN OF THE CITY OF KITCHENER CITY OF KITCHENER 507 Frederick Street, 40, 44, 48 Becker Street & Plan 42, Pt Lots 27 to 30, RP 58R-15854 Pt 1 INDEX 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 & Strategic Initiatives Committee of January 9, 2023 APPENDIX 2 Minutes of the Meeting of Planning & Strategic Initiatives Committee of January 9, 2023 APPENDIX 3 Minutes of the Meeting of City Council of January 30, 2023 APPENDIX 4 Minutes of the Meeting of City Council of February 27, 2023 APPENDIX 5 Minutes of the Meeting of City Council of March 20, 2023 2 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. xx to the Official Plan of the City of Kitchener (2014). This amendment is comprised of Sections 1 to 4 inclusive. SECTION 2 PURPOSE OF THE AMENDMENT The purpose of the Official Plan Amendment is to change the land use designation on Map 3 for properties located on Becker Street, which are proposed to be added to the lands containing an existing funeral home, and to add a new site-specific policy area to Section 5.D.12 and amend Map 5 to permit one crematorium/cremator unit as a permitted accessory use to a funeral home. The purpose of the Official Plan Amendment is to amend: Map 3 is amended by changing the land use designation of 40, 44, and 48 Becker Street, as well as the triangle-shaped portion of land west of Becker Street and north of Fife Avenue, legally described as Plan 42, Pt Lots 27 to 30, RP 58R-15854 Pt 1 Map 5 is amended by adding Specific Policy Area 58 to 507 Frederick Street, 40, 44, and 48 Becker Street, as well as the triangle-shaped portion of land west of Becker Street and north of Fife Avenue, legally described as Plan 42, Pt Lots 27 to 30, RP 58R-15854 Pt 1, to permit a crematorium/cremator use on all lands. Adding Policy 15.D.12.58 to Section 15.D.12 to permit one crematorium/cremator unit as a permitted accessory use to a funeral home: SECTION 3 BASIS OF THE AMENDMENT Planning Analysis: Provincial, Regional, and City planning policy provide guidance that must be considered when evaluating changes in land use permissions as discussed below. Planning Act, R.S.O. 1990, c. P.13 25. Section 2 of the Planning Act establishes matters of provincial interest and states that the Minister, the council of a municipality, a local board, a planning board and the Tribunal, in carrying out their responsibilities under this Act, shall have regard to, among other matters, matters of provincial interest such as: f) The adequate provision and efficient use of communication, transportation, sewage and water services and waste management systems; g) The minimization of waste; h) The orderly development of safe and healthy communities; j) The adequate provision of employment opportunities; p) The appropriate location of growth and development; 3 q) The promotion of development that is designed to be sustainable, to support public transit and to be oriented to pedestrians; r) The promotion of built form that, (i) Is well-designed, (ii) Encourages a sense of place, and (iii) Provides for public spaces that are of high quality, safe, accessible, attractive and vibrant; s) The mitigation of greenhouse gas emissions and adaptation to a changing climate. These matters of provincial interest are addressed and are implemented through the Provincial Plan is the most important vehicle for the implementation of the Provincial Policy Statement, 2020 and to ensure Provincial policy is adhered to. Provincial Policy Statement (PPS) The PPS provides policy direction on matters of provincial interest related to land use planning icy-led planning system, the Provincial Policy Statement sets the policy foundation for regulating the development and use of land. Section 3(5) of the Planning Act requires that a decision of the council of a municipality shall be consistent with the policy statement that are in effect on the date of decision and shall conform with the provincial plans that are in effect on that date, or shall not conflict with them, as the case may be. The PPS focuses growth and development within urban and rural settlement areas while supporting the viability of rural areas. Land use must be carefully managed to accommodate appropriate development to meet the full range of current and future needs, while achieving efficient development patterns and avoiding significant or sensitive resources and areas which may pose a risk to public health and safety. Efficient development patterns optimize the use of land, resources and public investment in infrastructure and public service facilities. These land use patterns promote a mix of housing, including affordable housing, employment, recreation, parks and open spaces, and transportation choices that increase the use of active transportation and transit before other modes of travel. , liveable and safe communities are sustained by: a) promoting efficient development and land use patterns which sustain the financial well- being of the Province and municipalities over the long term; c) avoiding development and land use patterns which may cause environmental or public health and safety concerns; e) promoting 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; and g) ensuring that necessary infrastructure and public service facilities are or will be available to meet current and projected needs. The PPS notes that settlement areas are urban areas and rural settlement areas, and include cities, towns, villages and hamlets, and policy 1.1.3.1 states that settlement areas shall be the focus of growth and development. Policy 1.1.3.2 states that land use patterns within settlement areas shall be based on densities and a mix of land uses which; 4 a) efficiently use land and resources; and b) are appropriate for, and efficiently use, the infrastructure and public service facilities which are planned or available and avoid the need for their unjustified and/or uneconomical expansion. Policy 1.2.6.1 notes that major facilities and sensitive land uses shall be planned and developed to avoid, or if avoidance is not possible, minimize and mitigate any potential adverse effects from odour, noise and other contaminants, minimize risk to public health and safety, and to ensure the long-term operational and economic viability of major facilities in accordance with provincial guidelines, standards and procedures. Where avoidance is not possible in accordance with policy 1.2.6.1, planning authorities shall protect the long-term viability of existing or planned industrial, manufacturing or other uses that are vulnerable to encroachment by ensuring that the planning and development of proposed adjacent sensitive land uses are only permitted if the following are demonstrated in accordance with provincial guidelines, standards and procedures: a) there is an identified need for the proposed use; b) alternative locations for the proposed use have been evaluated and there are no reasonable alternative locations; c) adverse effects to the proposed sensitive land use are minimized and mitigated; and d) potential impacts to industrial, manufacturing or other uses are minimized and mitigated. Funeral homes and crematoriums are necessary uses in a City to ensure that end of life accommodations for residents can be addressed. The Owner has indicated that the use of the cremation facility, located at Williamsburg Cemetery, does not suit their future needs, and a new facility is required. An on-site facility is desirable to reduce the number of trips required to complete an end of life service. An on-site facility will reduce vehicle trips across the City. The Owner has completed several studies, including a Land Use Compatibility Study, Emission Summary and Dispersion Modelling (ESDM) Report, and an Acoustic Assessment Report, which were submitted to the City and the Region of Waterloo to demonstrate that their proposed crematorium will meet Provincial standards and that there will be no adverse impacts to surrounding lands. As a Zoning By-law amendment application is required to add a crematorium use, the City and the Region of Waterloo were able to undertake the review of the crematorium proposal through the planning application public process. The City retained RWDI Consultants to peer review the reports submitted by Trinity Consultants on behalf of the Owner. As confirmed through the peer review process, the proposed mitigation will include: - A requirement for the installation and maintenance of two 3 metre high noise walls adjacent to 133 Ann Street, - Site specific zoning regulations limiting the site to one cremator that is 56 metres from a residential property, - Enhanced landscape materials along the rear yards of Ann Street to provide additional screening, - Periodic air quality testing of the cremation unit to ensure it operates optimally and in compliance with the MECP Environmental Compliance Approval (ECA), and - A 1.2 metre high parapet atop the roof along the perimeter of the building to provide noise attenuation to rooftop mechanical equipment. Planning staff is of the opinion that with the proposed mitigations listed above, the recommended zoning by-law amendment and Site Specific Provision (357) is consistent with the PPS. 5 A Place to Grow: Growth Plan for the Greater Golden Horseshoe (Growth Plan) represents an intensification first approach to development and city-building, one which focuses on making better use of existing infrastructure and public service facilities, and less on continuously expanding the urban area. The Growth Plan directs Planning authorities in the Region of Waterloo to plan for a population of 923,000 people and 470,000 jobs by 2051. This would mean a population increase of app for daily living throughout an entire lifetime by providing convenient access to an appropriate mix of jobs, local services, public service facilities, and a full range of housing to accommodate a range of incomes and household sizes. Complete communities support quality of life and human health by encouraging the use of active transportation and providing high quality public open space, adequate parkland, opportunities for recreation, and access to local and healthy food. Complete communities support climate change mitigation by increasing the modal share for transit and active transportation and by minimizing land consumption through building compact, mixed-use communities. Building compact and complete communities, and protecting agricultural lands, water resources and natural areas will help reduce greenhouse gas emissions and ensure communities are more resilient to the impacts of a changing climate. The Province of Ontario has committed to reduce greenhouse gas emissions by 30 per cent below 2005 levels by 2030. Kitchener has committed to a 50% reduction of greenhouse gas emissions by 2030. Policies 2.2.1.4 states that complete communities will: a) feature a diverse mix of land uses, including residential and employment uses, and convenient access to local stores, services, and public service facilities; b) improve social equity and overall quality of life, including human health, for people of all ages, abilities, and incomes; c) provide a diverse range and mix of housing options, including additional residential units and affordable housing, to accommodate people at all stages of life, and to accommodate the needs of all household sizes and incomes; d) expand convenient access to: i. a range of transportation options, including options for the safe, comfortable and convenient use of active transportation; ii. public service facilities, co-located and integrated in community hubs; iii. an appropriate supply of safe, publicly-accessible open spaces, parks, trails, and other recreational facilities; and iv. healthy, local, and affordable food options, including through urban agriculture; e) provide for a more compact built form and a vibrant public realm, including public open spaces; f) mitigate and adapt to the impacts of a changing climate, improve resilience and reduce greenhouse gas emissions, and contribute to environmental sustainability g) integrate green infrastructure and appropriate low impact development. Expanding the existing funeral home within the Community Node will allow for additional end of life services at the existing location. Funeral homes and crematoriums are required for end of life services for the growing population of the City and Region. Expanding the existing building with a modest building addition will reduce the total amount of construction materials required for a 6 new facility located elsewhere. The subject lands have good access to the transportation network, including public transit and the road network, including the expressway. Planning staff are of the opinion that the recommended zoning by-law amendment conforms to the Growth Plan. Regional Official Plan (ROP) On August 18, 2022, the Regional Municipality of Waterloo adopted Regional Official Plan (ROP) Amendment 6. The ROP Amendment No. 6 is now before the Minister of Municipal Affairs and Housing for a decision in accordance with Sections 17 and 26 of the Planning Act. As such, ROP Amendment No. 6 is now posted on the Province comments from the public will be accepted until January 4, 2023. - (ROP). The Urban Area designation of the ROP has the physical infrastructure and community infrastructure to support major growth and social and public health services. A key objective of ROP Amendment No. 6 is to accommodate forecasted growth by building 15- minute neighbourhoods. These are compact, well-connected places where people can meet their daily needs for goods, services, and employment within a 15-minute trip from home by walking, cycling, and rolling, and where other needs can be met by using direct, frequent, and convenient transit. F Section 2.D.1 of the ROP states that in preparing or reviewing planning studies, or in reviewing development applications or site plans, the Region and/or Area Municipalities will ensure that development occurring within the Urban Area is planned and developed in a manner that: a) Supports the Planned Community Structure described in this Plan; b) Is serviced by a municipal drinking-water supply system and a municipal waste-water system; c) 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; d) Protects the natural environment, and surface water and groundwater resources; e) Conserves cultural heritage resources and supports the adaptive reuse of historic buildings; f) Respects the scale, physical character and context of established neighbourhoods in areas where reurbanization is planned to occur; g) neighbourhoods; and h) Promotes building designs and orientations that incorporate energy conservation features and the use of alternative and/or renewable energy systems. Section 2.D.6.1 of ROP Amendment No. 6 states that in addition to the general development policies, the Region and the area municipalities will apply the following transit supportive development criteria in reviewing and evaluating development applications or site plans, within strategic growth areas and other intensification areas identified by the area municipality: (a) creates an interconnected, multimodal street pattern that prioritizes walking, cycling, and rolling, and taking transit over automobile trips, and supports vibrant mixed-use developments; (b) supports a more compact built form that locates the majority of transit supportive uses within a comfortable walking distance of a transit stop or Major Transit Station Area; (c) provides an appropriate mix of land uses, including a range of food destinations, local services a 7 (d) promotes medium and higher-density development as close as possible to the transit stop to support higher frequency transit service and optimize transit rider convenience; (e) supports a high quality public realm to enhance the identity of the area and create gathering points for social interaction, community events and other activities; and (f) provides access from various transportation modes to the transit facility, including consideration of pedestrian, bicycle parking, and where applicable, passenger transfer and commuter pick-up/drop off areas. Section 2.G.10 of the Regional Official Plan requires the City of Kitchener to establish policies within their Official Plan to minimize the impact of Sensitive Land Uses and potential incompatible land uses from each other. Section 2.I.1 of ROP Amendment No. 6 requires the Region and the area municipalities to ensure that major facilities and sensitive land uses are planned and developed to avoid, or if avoidance is not possible, minimize and mitigate any potential adverse effects from odour, noise and other contaminants, minimize risk to public health and safety, and to ensure the long-term operational and economic viability of major facilities in accordance with Provincial guidelines, standards and procedures. Section 2.I.1.2 outlines the same criteria in the PPS above to determine where avoidance is not possible. Regional staff recommended prohibiting new sensitive uses until such time that a record of site condition is completed and acknowledged by the Minister. This provision is included in the site- specific zoning proposed by Planning staff with this application. Planning staff is of the opinion that the applications conform to the Region of Waterloo Official Plan. Regional staff have no concerns with the peer review undertaken by RWDI for the proposed installation of a Facultative FT-III cremator on the subject lands, subject to the mitigation criteria outlined above in the PPS section of this report. Regional Planning staff have no objections to the proposed applications and provided comments (Appendix E) that will be taken under advisement for future development applications. City of Kitchener Official Plan The vision of A complete community creates and provides access to a mix of land uses including a full range and mix of housing types. A complete community also supports the use of public transit and active transportation, enabling residents to meet most of their daily needs within a short distance of their homes. Planning for a complete community will aid in reducing the cost of infrastructure and servicing, encourage the use of public transit and active modes of transportation, promote social interaction, and foster a sense of community. Urban Structure 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 8 each Urban Structure component stipulate what the applicable land use designations may include. The lands are identified as a Community Node and Community Area in the Official Plan. Community Nodes are located along existing or planned transit corridors. The planned function of Community Nodes is to provide for commercial uses with a mix of residential and institutional uses necessary to support and complete surrounding residential communities. Community Nodes primarily serve an inter-neighbourhood market and are intended to intensify, be transit-supportive and cycling and pedestrian-friendly. Commercial Land Use Designation ce commercial uses that cater primarily to the weekly and daily needs of residents within the surrounding neighbourhoods. A funeral home is a permitted use for lands designated as Commercial within a Community Node. Noise, Vibration, Light and Other Emissions An objective in the Official Plan is to minimize and mitigate land use conflicts between sensitive land uses, and noise, vibration and emission sources in accordance with all applicable Provincial, Regional and City regulations and guidelines. The City has regard for the Provincial Land Use Compatibility Guidelines relating to noise, vibration, odour and particulate matter when considering the siting of sensitive land uses. Official Plan Conclusions Planning staff is recommending approval of the Official Plan Amendment and Zoning By-law Amendment application to permit the expansion of the existing funeral home use and the establishment of a crematorium use. The existing funeral home is a permitted use in the Official Plan and Zoning By-law and the Owner has submitted the required land use compatibility reports to satisfy Provincial requirements for a crematorium use. Funeral homes are permitted within Community Nodes and 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. the four Becker Street properties (triangle shaped property and 40, 44, and 48 Becker Street) are Planning staff are supportive of amending the land use designation of 40, 44, and 48 Becker Street, as well as the triangle- For clarity, Planning staff are recommending adding Specific Policy Area 58 in the Official Plan to permit a crematorium/cremator use as an accessory use to a funeral home use. While Zoning By- law 2019-051 lists a crematorium and funeral homes as separate uses, the Official Plan does not list the two uses separately. Funeral home is not a defined term in the Official Plan. 9 SECTION 4 THE AMENDMENT The City of Kitchener Official Plan (2014) is hereby amended as follows: a) Amend Map No. 3 Land Use by: i) Designating the lands municipally known as 40, 44, and 48 Becker Street, as well as the triangle-shaped portion of land west of Becker Street and north of Fife Avenue, legally described as Plan 42, Pt Lots 27 to 30, RP 58R-as b) Amend Map 5 Specific Policy Area by: i) Adding Specific Policy Area 58 to lands municipally known as 507 Frederick Street, 40, 44, and 48 Becker Street, as well as the triangle-shaped portion of land west of Becker Street and north of Fife Avenue, legally described as Plan 42, Pt Lots 27 to 30, RP 58R-15854 Pt 1, as shown on the attached c) Amend Policy 15.D.12 by adding Policy 15.D.12.58 as follows: 507 Frederick Street and 40, 44 and 48 Becker Street Notwithstanding the Commercial land use designation and policies on the lands municipally known as 507 Frederick Street and 40, 44 and 48 Becker Street, and a triangular-shaped parcel of land west of Becker Street and north of Fife Avenue, one crematorium/cremator unit will be permitted as an accessory use to 10 APPENDIX 1: Notice of the Planning & Strategic Initiatives Committee Meeting (January 9, 2023) 11 APPENDIX 2: Minutes of the Planning & Strategic Initiatives Committee Meeting (January 9, 2023) 12 APPENDIX 3 - Minutes of the Meeting of City Council (January 30, 2023) 13 APPENDIX 4 - Minutes of the Meeting of City Council (February 27, 2023) 14 APPENDIX 5 - Minutes of the Meeting of City Council (March 20, 2023) 15 CITY OF KITCHENER OFFICIAL PLAN AMENDMENT TO MAP 3 LAND USE ´ Refer to Secondary Plan For Detail Low Rise Residential Medium Rise Residential Mixed Use Commercial Business Park Employment Institutional Area of Amendment From Low Rise Residential To Commercial REVISED: OFFICIAL PLAN AMENDMENT OPA17/003/F/GS SCHEDULE 'A' 0250 METRES ZONING BY-LAW AMENDMENT ZBA17/010/F/GS APPLICANT: HENRY WALSER FUNERAL HOMES LTD; LEEANN MARIE WALSER; HENRY JAMES WALSER; SCALE 1:6,000 2544770 ONTARIO INC. FILE: City of Kitchener OPA17003FGS_SchA 507 FREDERICK ST; .mxd DEVELOPMENT SERVICES DEPARTMENT, PLANNING 40,44 & 48 BECKER ST; BECKER ST DATE: DECEMBER 15, 2022 CITY OF KITCHENER OFFICIAL PLAN 27 AMENDMENT TO MAP 5 SPECIFIC POLICY AREAS 29 34 ´ Specific Policy Areas 27. 6 Shirley Ave 29. 820 Victoria St N 34. 809 Wellington St N Refer to Urban Growth Centre 58 and Secondary Plans for details Area of Amendment To Add Specific Policy Area 58. 507 Frederick St & 40, 44 & 48 Becker St REVISED: OFFICIAL PLAN AMENDMENT OPA17/003/F/GS SCHEDULE 'B' 0250 METRES APPLICANT: HENRY WALSER FUNERAL HOMES ZONING BY-LAW AMENDMENT ZBA17/010/F/GS LTD; LEEANN MARIE WALSER; HENRY JAMES SCALE 1:10,000 WALSER; 2544770 ONTARIO INC. FILE: City of Kitchener OPA17003FGS_MAP5 507 FREDERICK ST; .mxd DEVELOPMENT SERVICES DEPARTMENT, PLANNING DATE: DECEMBER 15, 2022 40,44 & 48 BECKER ST; BECKER ST 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 Henry Walser Funeral Home Ltd, Leeann Marie Walser, Henry James Walser, & 2544770 Ontario Inc. - 507 Frederick Street, 40, 44, 48 Becker Street & Plan 42, Pt Lots 27 to 30, RP 58R-15854 Pt 1) 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. -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 General Commercial Zone (COM-2) to General Commercial Zone (COM-2) with Site Specific Provision (357). 2. -law Number 2019-051 is hereby amended by changing the zoning applicable to the parcel of land specified and illustrated as Area 2 on Map No. 1, in the City of Kitchener, attached hereto, from Mixed Use One Zone (MIX- 1) to General Commercial Zone (COM-2) with Site Specific Provision (357). 3. -law Number 2019-051 is hereby amended by changing the zoning applicable to the parcel of land specified and illustrated as Area 3 on Map No. 1, in the City of Kitchener, attached hereto, from Low Rise Residential Four Zone (RES-4) to General Commercial Zone (COM-2) with Site Specific Provision (357). 4. -law Number 2019-051 is hereby amended by changing the zoning applicable to the parcel of land specified and illustrated as Area 4 on Map No. 1, in the City of Kitchener, attached hereto, from Low Rise Residential Five Zone (RES-5) with Site Specific Provision (205) to General Commercial Zone (COM-2) with Site Specific Provision (357). 5.Section19 of By-law 2019-051 is hereby amended by adding Section 19 (357) thereto as follows: 57. Notwithstanding Sections 3 and 5 and Tables 9-1 and 9-2 of this By-law, within the lands zoned General Commercial Zone (COM-2) and shown as affected by this subsection on Zoning Grid Schedule Number 140 special regulations shall apply: a) A Crematorium shall be a permitted use and the cremation exhaust stack must be a minimum of 56 metres from a residential zone. b) Dwellings existing on the passing of this by-law shall be permitted. c) The exterior side yard setback to Becker Street shall be 0 metres. d) Driveway Visibility Triangles are not required adjacent to Becker Street. e) The minimum parking spaces for a Crematorium and Funeral Home use shall be 1 space per 24.5 square metres of Gross Floor Area. f) Tandem parking spaces may be permitted and must be signed as employee parking spaces. g) Parking spaces and loading spaces located within a building may be located 0.0 metres from the street and vehicles are not required to enter/exit the garage in a forward motion. h) For any lot to which this regulation applies and abuts Frederick Street, Frederick Street shall be deemed to be the front lot line. i) The following new sensitive uses are not permitted until such time as a Record of Site Condition is completed and Ministry Acknowledgement Letter is provided: Day Care Facility Duplex Dwelling Dwelling Unit Education Establishment Hospice Lodging House Multiple Dwelling Private Home Day Care Residential Care Facility Semi-detached Dwelling Street Townhouse Dwelling 6. This By-law shall become effective only if Official Plan Amendment No. __ (507 Frederick Street, 40, 44 and 48 Becker Street) comes into effect, pursuant to Section 24(2) of The Planning Act, R.S.O. 1990, c. P. 13, as amended. PASSED at the Council Chambers in the City of Kitchener this ______day of ___________, 2023. _____________________________ Mayor _____________________________ Clerk COM-2 COM-2 (108) C-6(108) SUBJECT AREA(S) C-6 3U SCHEDULE 139 AMENDMENT TO BY-LAW 2019-051 ´ SCHEDULE 140 AREA 1- FROM GENERAL COMMERCIAL RES-4 ZONE (COM-2) C-6 C-6 TO GENERAL COMMERCIAL ZONE (COM-2) 423U COM-1 WITH SITE SPECIFIC PROVISION (357) AREA 2- FROM MIXED USE ONE ZONE C-6 RES-6 (MIX-1) 19H (197) RES-4 TO GENERAL COMMERCIAL ZONE (COM-2) WITH SITE SPECIFIC PROVISION (357) (202) AREA 3- FROM LOW RISE RESIDENTIAL CR-1 MIX-3RES-4 FOUR ZONE (RES-4) TO GENERAL COMMERCIAL ZONE (COM-2) CR-1 WITH SITE SPECIFIC PROVISION (357) RES-5 199U AREA 4- FROM LOW RISE RESIDENTIAL FIVE ZONE (RES-5) WITH SITE SPECIFIC PROVISION (205) R-5 AREA 1 TO GENERAL COMMERCIAL ZONE (COM-2) 129U C-2 MIX-3 WITH SITE SPECIFIC PROVISION (357) COM-2 RES-5 BY-LAW 85-1 RES-4 AREA C-2 NEIGHBOURHOOD SHOPPING CENTRE ZONE P-1 C-3 COMMUNITY SHOPPING CENTRE ZONE 2 C-3 C-6 ARTERIAL COMMERCIAL ZONE 407R CR-1 COMMERCIAL RESIDENTIAL ONE ZONE AREA AREA I-2 COMMUNITY INSTITUTIONAL ZONE 4 RES-5 3 R-5 RESIDENTIAL FIVE ZONE P-1 PUBLIC PARK ZONE RES-5 BY-LAW 2019-051 COM-1 LOCAL COMMERCIAL C-3 COM-2 GENERAL COMMERCIAL 3R RES-5 (MIX-3) MIXED USE THREE MIX-1 MIXED USE ONE ZONE C-3 RES-2 LOW RISE RESIDENTIAL TWO RES-4 RES-2 RES-4 LOW RISE RESIDENTIAL FOUR RES-5 LOW RISE RESIDENTIAL FIVE RES-6 MEDIUM RISE RESIDENTIAL SIX I-2 R-5 ZONE GRID REFERENCE 168U RES-5 R-5 SCHEDULE NO. 140 R-5 129U 168U R-5 OF APPENDIX 'A' 129U KITCHENER ZONING BY-LAW 85-1 AND 2019-051 R-5 129U R-5 129U ZONE LIMITS ZONING BY-LAW AMENDMENT ZBA17/010/F/GS 050100 MAP NO. 1 METRES OFFICIAL PLAN AMENDMENT OPA17/003/F/GS HENRY WALSER FUNERAL HOMES LTD, LEEANN MARIE WALSER, HENRY JAMES WALSER, & 1:4,000 SCALE FILE: 2544770 ONTARIO INC. City of Kitchener ZBA17010FGS_MAP1b 507 FREDERICK ST, 40, 44, & 48 BECKER ST .mxd DATE: FEBRUARY 17, 2023 DEVELOPMENT SERVICES DEPARTMENT, PLANNING AMENDMENT NO. __ TO THE OFFICIAL PLAN OF THE CITY OF KITCHENER CITY OF KITCHENER 507 Frederick Street, 40, 44 Becker Street & Plan 42, Pt Lots 27 to 30, RP 58R-15854 Pt 1 AMENDMENT NO. __ TO THE OFFICIAL PLAN OF THE CITY OF KITCHENER CITY OF KITCHENER 507 Frederick Street, 40, 44 Becker Street & Plan 42, Pt Lots 27 to 30, RP 58R-15854 Pt 1 INDEX 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 & Strategic Initiatives Committee of January 9, 2023 APPENDIX 2 Minutes of the Meeting of Planning & Strategic Initiatives Committee of January 9, 2023 APPENDIX 3 Minutes of the Meeting of City Council of January 30, 2023 APPENDIX 4 Minutes of the Meeting of City Council of February 27, 2023 APPENDIX 5 Minutes of the Meeting of City Council of March 20, 2023 2 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. xx to the Official Plan of the City of Kitchener (2014). This amendment is comprised of Sections 1 to 4 inclusive. SECTION 2 PURPOSE OF THE AMENDMENT The purpose of the Official Plan Amendment is to change the land use designation on Map 3 for properties located on Becker Street, which are proposed to be added to the lands containing an existing funeral home, and to add a new site-specific policy area to Section 5.D.12 and amend Map 5 to permit one crematorium/cremator unit as a permitted accessory use to a funeral home. The purpose of the Official Plan Amendment is to amend: Map 3 is amended by changing the land use designation of 40, and 44 Becker Street, as well as the triangle-shaped portion of land west of Becker Street and north of Fife Avenue, legally described as Plan 42, Pt Lots 27 to 30, RP 58R-15854 Pt 1 Map 5 is amended by adding Specific Policy Area 58 to 507 Frederick Street, 40, and 44 Becker Street, as well as the triangle-shaped portion of land west of Becker Street and north of Fife Avenue, legally described as Plan 42, Pt Lots 27 to 30, RP 58R-15854 Pt 1, to permit a crematorium/cremator use on all lands. Adding Policy 15.D.12.58 to Section 15.D.12 to permit one crematorium/cremator unit as a permitted accessory use to a funeral home: SECTION 3 BASIS OF THE AMENDMENT Planning Analysis: Provincial, Regional, and City planning policy provide guidance that must be considered when evaluating changes in land use permissions as discussed below. Planning Act, R.S.O. 1990, c. P.13 25. Section 2 of the Planning Act establishes matters of provincial interest and states that the Minister, the council of a municipality, a local board, a planning board and the Tribunal, in carrying out their responsibilities under this Act, shall have regard to, among other matters, matters of provincial interest such as: f) The adequate provision and efficient use of communication, transportation, sewage and water services and waste management systems; g) The minimization of waste; h) The orderly development of safe and healthy communities; j) The adequate provision of employment opportunities; p) The appropriate location of growth and development; 3 q) The promotion of development that is designed to be sustainable, to support public transit and to be oriented to pedestrians; r) The promotion of built form that, (i) Is well-designed, (ii) Encourages a sense of place, and (iii) Provides for public spaces that are of high quality, safe, accessible, attractive and vibrant; s) The mitigation of greenhouse gas emissions and adaptation to a changing climate. These matters of provincial interest are addressed and are implemented through the Provincial Plan is the most important vehicle for the implementation of the Provincial Policy Statement, 2020 and to ensure Provincial policy is adhered to. Provincial Policy Statement (PPS) The PPS provides policy direction on matters of provincial interest related to land use planning and develo-led planning system, the Provincial Policy Statement sets the policy foundation for regulating the development and use of land. Section 3(5) of the Planning Act requires that a decision of the council of a municipality shall be consistent with the policy statement that are in effect on the date of decision and shall conform with the provincial plans that are in effect on that date, or shall not conflict with them, as the case may be. The PPS focuses growth and development within urban and rural settlement areas while supporting the viability of rural areas. Land use must be carefully managed to accommodate appropriate development to meet the full range of current and future needs, while achieving efficient development patterns and avoiding significant or sensitive resources and areas which may pose a risk to public health and safety. Efficient development patterns optimize the use of land, resources and public investment in infrastructure and public service facilities. These land use patterns promote a mix of housing, including affordable housing, employment, recreation, parks and open spaces, and transportation choices that increase the use of active transportation and transit before other modes of travel. Policy 1 a) promoting efficient development and land use patterns which sustain the financial well- being of the Province and municipalities over the long term; c) avoiding development and land use patterns which may cause environmental or public health and safety concerns; e) promoting 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; and g) ensuring that necessary infrastructure and public service facilities are or will be available to meet current and projected needs. The PPS notes that settlement areas are urban areas and rural settlement areas, and include cities, towns, villages and hamlets, and policy 1.1.3.1 states that settlement areas shall be the focus of growth and development. Policy 1.1.3.2 states that land use patterns within settlement areas shall be based on densities and a mix of land uses which; 4 a) efficiently use land and resources; and b) are appropriate for, and efficiently use, the infrastructure and public service facilities which are planned or available and avoid the need for their unjustified and/or uneconomical expansion. Policy 1.2.6.1 notes that major facilities and sensitive land uses shall be planned and developed to avoid, or if avoidance is not possible, minimize and mitigate any potential adverse effects from odour, noise and other contaminants, minimize risk to public health and safety, and to ensure the long-term operational and economic viability of major facilities in accordance with provincial guidelines, standards and procedures. Where avoidance is not possible in accordance with policy 1.2.6.1, planning authorities shall protect the long-term viability of existing or planned industrial, manufacturing or other uses that are vulnerable to encroachment by ensuring that the planning and development of proposed adjacent sensitive land uses are only permitted if the following are demonstrated in accordance with provincial guidelines, standards and procedures: a) there is an identified need for the proposed use; b) alternative locations for the proposed use have been evaluated and there are no reasonable alternative locations; c) adverse effects to the proposed sensitive land use are minimized and mitigated; and d) potential impacts to industrial, manufacturing or other uses are minimized and mitigated. Funeral homes and crematoriums are necessary uses in a City to ensure that end of life accommodations for residents can be addressed. The Owner has indicated that the use of the cremation facility, located at Williamsburg Cemetery, does not suit their future needs, and a new facility is required. An on-site facility is desirable to reduce the number of trips required to complete an end of life service. An on-site facility will reduce vehicle trips across the City. The Owner has completed several studies, including a Land Use Compatibility Study, Emission Summary and Dispersion Modelling (ESDM) Report, and an Acoustic Assessment Report, which were submitted to the City and the Region of Waterloo to demonstrate that their proposed crematorium will meet Provincial standards and that there will be no adverse impacts to surrounding lands. As a Zoning By-law amendment application is required to add a crematorium use, the City and the Region of Waterloo were able to undertake the review of the crematorium proposal through the planning application public process. The City retained RWDI Consultants to peer review the reports submitted by Trinity Consultants on behalf of the Owner. As confirmed through the peer review process, the proposed mitigation will include: - A requirement for the installation and maintenance of two 3 metre high noise walls adjacent to 133 Ann Street, - Site specific zoning regulations limiting the site to one cremator that is 56 metres from a residential property, - Enhanced landscape materials along the rear yards of Ann Street to provide additional screening, - Periodic air quality testing of the cremation unit to ensure it operates optimally and in compliance with the MECP Environmental Compliance Approval (ECA), and - A 1.2 metre high parapet atop the roof along the perimeter of the building to provide noise attenuation to rooftop mechanical equipment. Planning staff is of the opinion that with the proposed mitigations listed above, the recommended zoning by-law amendment and Site Specific Provision (357) is consistent with the PPS. 5 A Place to Grow: Growth Plan for the Greater Golden Horseshoe (Growth Plan) he use of the existing urban land supply represents an intensification first approach to development and city-building, one which focuses on making better use of existing infrastructure and public service facilities, and less on continuously expanding the urban area. The Growth Plan directs Planning authorities in the Region of Waterloo to plan for a population of 923,000 people and 470,000 jobs by 2051. This would mean a population increase of 930. for daily living throughout an entire lifetime by providing convenient access to an appropriate mix of jobs, local services, public service facilities, and a full range of housing to accommodate a range of incomes and household sizes. Complete communities support quality of life and human health by encouraging the use of active transportation and providing high quality public open space, adequate parkland, opportunities for recreation, and access to local and healthy food. Complete communities support climate change mitigation by increasing the modal share for transit and active transportation and by minimizing land consumption through building compact, mixed-use communities. Building compact and complete communities, and protecting agricultural lands, water resources and natural areas will help reduce greenhouse gas emissions and ensure communities are more resilient to the impacts of a changing climate. The Province of Ontario has committed to reduce greenhouse gas emissions by 30 per cent below 2005 levels by 2030. Kitchener has committed to a 50% reduction of greenhouse gas emissions by 2030. Policies 2.2.1.4 states that complete communities will: a) feature a diverse mix of land uses, including residential and employment uses, and convenient access to local stores, services, and public service facilities; b) improve social equity and overall quality of life, including human health, for people of all ages, abilities, and incomes; c) provide a diverse range and mix of housing options, including additional residential units and affordable housing, to accommodate people at all stages of life, and to accommodate the needs of all household sizes and incomes; d) expand convenient access to: i. a range of transportation options, including options for the safe, comfortable and convenient use of active transportation; ii. public service facilities, co-located and integrated in community hubs; iii. an appropriate supply of safe, publicly-accessible open spaces, parks, trails, and other recreational facilities; and iv. healthy, local, and affordable food options, including through urban agriculture; e) provide for a more compact built form and a vibrant public realm, including public open spaces; f) mitigate and adapt to the impacts of a changing climate, improve resilience and reduce greenhouse gas emissions, and contribute to environmental sustainability g) integrate green infrastructure and appropriate low impact development. Expanding the existing funeral home within the Community Node will allow for additional end of life services at the existing location. Funeral homes and crematoriums are required for end of life services for the growing population of the City and Region. Expanding the existing building with a modest building addition will reduce the total amount of construction materials required for a 6 new facility located elsewhere. The subject lands have good access to the transportation network, including public transit and the road network, including the expressway. Planning staff are of the opinion that the recommended zoning by-law amendment conforms to the Growth Plan. Regional Official Plan (ROP) On August 18, 2022, the Regional Municipality of Waterloo adopted Regional Official Plan (ROP) Amendment 6. The ROP Amendment No. 6 is now before the Minister of Municipal Affairs and Housing for a decision in accordance with Sections 17 and 26 of the Planning Act. As such, ROP Amendment No. 6 is comments from the public will be accepted until January 4, 2023. - (ROP). The Urban Area designation of the ROP has the physical infrastructure and community infrastructure to support major growth and social and public health services. A key objective of ROP Amendment No. 6 is to accommodate forecasted growth by building 15- minute neighbourhoods. These are compact, well-connected places where people can meet their daily needs for goods, services, and employment within a 15-minute trip from home by walking, cycling, and rolling, and where other needs can be met by using direct, frequent, and convenient transit. F Section 2.D.1 of the ROP states that in preparing or reviewing planning studies, or in reviewing development applications or site plans, the Region and/or Area Municipalities will ensure that development occurring within the Urban Area is planned and developed in a manner that: a) Supports the Planned Community Structure described in this Plan; b) Is serviced by a municipal drinking-water supply system and a municipal waste-water system; c) 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; d) Protects the natural environment, and surface water and groundwater resources; e) Conserves cultural heritage resources and supports the adaptive reuse of historic buildings; f) Respects the scale, physical character and context of established neighbourhoods in areas where reurbanization is planned to occur; g) neighbourhoods; and h) Promotes building designs and orientations that incorporate energy conservation features and the use of alternative and/or renewable energy systems. Section 2.D.6.1 of ROP Amendment No. 6 states that in addition to the general development policies, the Region and the area municipalities will apply the following transit supportive development criteria in reviewing and evaluating development applications or site plans, within strategic growth areas and other intensification areas identified by the area municipality: (a) creates an interconnected, multimodal street pattern that prioritizes walking, cycling, and rolling, and taking transit over automobile trips, and supports vibrant mixed-use developments; (b) supports a more compact built form that locates the majority of transit supportive uses within a comfortable walking distance of a transit stop or Major Transit Station Area; (c) provides an appropriate mix of land uses, including a range of food destinations, local 7 (d) promotes medium and higher-density development as close as possible to the transit stop to support higher frequency transit service and optimize transit rider convenience; (e) supports a high quality public realm to enhance the identity of the area and create gathering points for social interaction, community events and other activities; and (f) provides access from various transportation modes to the transit facility, including consideration of pedestrian, bicycle parking, and where applicable, passenger transfer and commuter pick-up/drop off areas. Section 2.G.10 of the Regional Official Plan requires the City of Kitchener to establish policies within their Official Plan to minimize the impact of Sensitive Land Uses and potential incompatible land uses from each other. Section 2.I.1 of ROP Amendment No. 6 requires the Region and the area municipalities to ensure that major facilities and sensitive land uses are planned and developed to avoid, or if avoidance is not possible, minimize and mitigate any potential adverse effects from odour, noise and other contaminants, minimize risk to public health and safety, and to ensure the long-term operational and economic viability of major facilities in accordance with Provincial guidelines, standards and procedures. Section 2.I.1.2 outlines the same criteria in the PPS above to determine where avoidance is not possible. Regional staff recommended prohibiting new sensitive uses until such time that a record of site condition is completed and acknowledged by the Minister. This provision is included in the site- specific zoning proposed by Planning staff with this application. Planning staff is of the opinion that the applications conform to the Region of Waterloo Official Plan. Regional staff have no concerns with the peer review undertaken by RWDI for the proposed installation of a Facultative FT-III cremator on the subject lands, subject to the mitigation criteria outlined above in the PPS section of this report. Regional Planning staff have no objections to the proposed applications and provided comments (Appendix E) that will be taken under advisement for future development applications. City of Kitchener Official Plan saf A complete community creates and provides access to a mix of land uses including a full range and mix of housing types. A complete community also supports the use of public transit and active transportation, enabling residents to meet most of their daily needs within a short distance of their homes. Planning for a complete community will aid in reducing the cost of infrastructure and servicing, encourage the use of public transit and active modes of transportation, promote social interaction, and foster a sense of community. Urban Structure 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 8 each Urban Structure component stipulate what the applicable land use designations may include. The lands are identified as a Community Node and Community Area in the Official Plan. Community Nodes are located along existing or planned transit corridors. The planned function of Community Nodes is to provide for commercial uses with a mix of residential and institutional uses necessary to support and complete surrounding residential communities. Community Nodes primarily serve an inter-neighbourhood market and are intended to intensify, be transit-supportive and cycling and pedestrian-friendly. Commercial Land Use Designation and service commercial uses that cater primarily to the weekly and daily needs of residents within the surrounding neighbourhoods. A funeral home is a permitted use for lands designated as Commercial within a Community Node. Noise, Vibration, Light and Other Emissions An objective in the Official Plan is to minimize and mitigate land use conflicts between sensitive land uses, and noise, vibration and emission sources in accordance with all applicable Provincial, Regional and City regulations and guidelines. The City has regard for the Provincial Land Use Compatibility Guidelines relating to noise, vibration, odour and particulate matter when considering the siting of sensitive land uses. Official Plan Conclusions Planning staff is recommending approval of the Official Plan Amendment and Zoning By-law Amendment application to permit the expansion of the existing funeral home use and the establishment of a crematorium use. The existing funeral home is a permitted use in the Official Plan and Zoning By-law and the Owner has submitted the required land use compatibility reports to satisfy Provincial requirements for a crematorium use. Funeral homes are permitted within Community Nodes and 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. the four Becker Street properties (triangle shaped property and 40, and 44 Becker Street) are Planning staff are supportive of amending the land use designation of 40, and 44 Becker Street, as well as the triangle- For clarity, Planning staff are recommending adding Specific Policy Area 58 in the Official Plan to permit a crematorium/cremator use as an accessory use to a funeral home use. While Zoning By- law 2019-051 lists a crematorium and funeral homes as separate uses, the Official Plan does not list the two uses separately. Funeral home is not a defined term in the Official Plan. 9 SECTION 4 THE AMENDMENT The City of Kitchener Official Plan (2014) is hereby amended as follows: a) Amend Map No. 3 Land Use by: i) Designating the lands municipally known as 40 and 44 Becker Street, as well as the triangle-shaped portion of land west of Becker Street and north of Fife Avenue, legally described as Plan 42, Pt Lots 27 to 30, RP 58R-15854 as shown on the b) Amend Map 5 Specific Policy Area by: i) Adding Specific Policy Area 58 to lands municipally known as 507 Frederick Street, 40 and 44 Becker Street, as well as the triangle-shaped portion of land west of Becker Street and north of Fife Avenue, legally described as Plan 42, Pt Lots 27 to 30, RP 58R-15854 Pt 1, as shown on the attached Schedule c) Amend Policy 15.D.12 by adding Policy 15.D.12.58 as follows: 507 Frederick Street and 40 and 44 Becker Street Notwithstanding the Commercial land use designation and policies on the lands municipally known as 507 Frederick Street and 40 and 44 Becker Street, and a triangular-shaped parcel of land west of Becker Street and north of Fife Avenue, one crematorium/cremator unit will be permitted as an access 10 APPENDIX 1: Notice of the Planning & Strategic Initiatives Committee Meeting (January 9, 2023) 11 APPENDIX 2: Minutes of the Planning & Strategic Initiatives Committee Meeting (January 9, 2023) 12 APPENDIX 3 - Minutes of the Meeting of City Council (January 30, 2023) 13 APPENDIX 4 - Minutes of the Meeting of City Council (February 27, 2023) 14 APPENDIX 5 - Minutes of the Meeting of City Council (March 20, 2023) 15 CITY OF KITCHENER OFFICIAL PLAN AMENDMENT TO MAP 3 LAND USE ´ Refer to Secondary Plan For Detail Low Rise Residential Medium Rise Residential Mixed Use Commercial Business Park Employment Institutional Area of Amendment From Low Rise Residential To Commercial REVISED: OFFICIAL PLAN AMENDMENT OPA17/003/F/GS SCHEDULE 'A' 0250 METRES ZONING BY-LAW AMENDMENT ZBA17/010/F/GS APPLICANT: HENRY WALSER FUNERAL HOMES LTD; LEEANN MARIE WALSER; HENRY JAMES WALSER; SCALE 1:6,000 2544770 ONTARIO INC. FILE: City of Kitchener OPA17003FGS_SchA 507 FREDERICK ST; .mxd DEVELOPMENT SERVICES DEPARTMENT, PLANNING 40 AND 44 BECKER ST; BECKER ST DATE: FEBRUARY 17, 2023 CITY OF KITCHENER OFFICIAL PLAN 27 AMENDMENT TO MAP 5 SPECIFIC POLICY AREAS 29 34 ´ Specific Policy Areas 27. 6 Shirley Ave 29. 820 Victoria St N 34. 809 Wellington St N Refer to Urban Growth Centre 58 and Secondary Plans for details Area of Amendment To Add Specific Policy Area 58. 507 Frederick St & 40 & 44 Becker St REVISED: OFFICIAL PLAN AMENDMENT OPA17/003/F/GS SCHEDULE 'B' 0250 METRES APPLICANT: HENRY WALSER FUNERAL HOMES ZONING BY-LAW AMENDMENT ZBA17/010/F/GS LTD; LEEANN MARIE WALSER; HENRY JAMES SCALE 1:10,000 WALSER; 2544770 ONTARIO INC. FILE: City of Kitchener OPA17003FGS_MAP5 507 FREDERICK ST; .mxd DEVELOPMENT SERVICES DEPARTMENT, PLANNING DATE: FEBRUARY 17, 2023 40 AND 44 BECKER ST; BECKER ST 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 Henry Walser Funeral Home Ltd, Leeann Marie Walser, Henry James Walser, & 2544770 Ontario Inc. - 507 Frederick Street, 40 and 44 Becker Street & Plan 42, Pt Lots 27 to 30, RP 58R-15854 Pt 1) 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. -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 General Commercial Zone (COM-2) to General Commercial Zone (COM-2) with Site Specific Provision (357). 2. -law Number 2019-051 is hereby amended by changing the zoning applicable to the parcel of land specified and illustrated as Area 2 on Map No. 1, in the City of Kitchener, attached hereto, from Mixed Use One Zone (MIX- 1) to General Commercial Zone (COM-2) with Site Specific Provision (357). 3. -law Number 2019-051 is hereby amended by changing the zoning applicable to the parcel of land specified and illustrated as Area 3 on Map No. 1, in the City of Kitchener, attached hereto, from Low Rise Residential Four Zone (RES-4) to General Commercial Zone (COM-2) with Site Specific Provision (357). 4. -law Number 2019-051 is hereby amended by changing the zoning applicable to the parcel of land specified and illustrated as Area 4 on Map No. 1, in the City of Kitchener, attached hereto, from Low Rise Residential Five Zone (RES-5) with Site Specific Provision (205) to General Commercial Zone (COM-2) with Site Specific Provision (357). 5. Section 19 of By-law 2019-051 is hereby amended by adding Section 19 (357) thereto as follows: 57. NotwithstandingSections 3 and 5 andTables 9-1 and 9-2 of this By-law,within the lands zoned General Commercial Zone (COM-2) and shown as affected by this subsection on Zoning Grid Schedule Number 140 special regulations shall apply: a) A Crematorium shall be a permitted use and the cremation exhaust stack must be a minimum of 56 metres from a residential zone. b) Dwellings existing on the passing of this by-law shall be permitted. c) The exterior side yard setback to Becker Street shall be 0 metres. d) Driveway Visibility Triangles are not required adjacent to Becker Street. e) The minimum parking spaces for a Crematorium and Funeral Home use shall be 1 space per 24.5 square metres of Gross Floor Area. f) Tandem parking spaces may be permitted and must be signed as employee parking spaces. g) Parking spaces and loading spaces located within a building may be located 0.0 metres from the street and vehicles are not required to enter/exit the garage in a forward motion. h) For any lot to which this regulation applies and abuts Frederick Street, Frederick Street shall be deemed to be the front lot line. i) The following new sensitive uses are not permitted until such time as a Record of Site Condition is completed and Ministry Acknowledgement Letter is provided: Day Care Facility Duplex Dwelling Dwelling Unit Education Establishment Hospice Lodging House Multiple Dwelling Private Home Day Care Residential Care Facility Semi-detached Dwelling Street Townhouse Dwelling 6. This By-law shall become effective only if Official Plan Amendment No. __ (507 Frederick Street, 40 and 44 Becker Street) comes into effect, pursuant to Section 24(2) of The Planning Act, R.S.O. 1990, c. P. 13, as amended. PASSED at the Council Chambers in the City of Kitchener this ______day of ___________, 2023. _____________________________ Mayor _____________________________ Clerk COM-2 COM-2 (108) SUBJECT AREA(S) C-6(108) C-6 3U AMENDMENT TO BY-LAW 2019-051 ´ SCHEDULE 139 AREA 1- FROM GENERAL COMMERCIAL ZONE (COM-2) SCHEDULE 140 RES-4 TO GENERAL COMMERCIAL ZONE (COM-2) C-6 C-6 WITH SITE SPECIFIC PROVISION (357) 423U COM-1 AREA 2- FROM MIXED USE ONE ZONE (MIX-1) TO GENERAL COMMERCIAL ZONE (COM-2) C-6 RES-6 WITH SITE SPECIFIC PROVISION (357) 19H (197) AREA 3- FROM LOW RISE RESIDENTIAL FOUR RES-4 ZONE (RES-4) (202) TO GENERAL COMMERCIAL ZONE (COM-2) CR-1 MIX-3RES-4 WITH SITE SPECIFIC PROVISION (357) AREA 4- FROM LOW RISE RESIDENTIAL FIVE CR-1 ZONE (RES-5) RES-5 199U WITH SITE SPECIFIC PROVISION (205) TO GENERAL COMMERCIAL ZONE (COM-2) WITH SITE SPECIFIC PROVISION (357) R-5 AREA 1 129U C-2 MIX-3 COM-2 RES-5 BY-LAW 85-1 C-2 NEIGHBOURHOOD SHOPPING CENTRE ZONE RES-4 AREA P-1 C-3 COMMUNITY SHOPPING CENTRE ZONE 2 C-3 C-6 ARTERIAL COMMERCIAL ZONE 407R CR-1 COMMERCIAL RESIDENTIAL ONE ZONE AREA I-2 COMMUNITY INSTITUTIONAL ZONE 4 R-5 RESIDENTIAL FIVE ZONE RES-5 P-1 PUBLIC PARK ZONE RES-5 BY-LAW 2019-051 COM-1 LOCAL COMMERCIAL ZONE C-3 COM-2 GENERAL COMMERCIAL ZONE 3R MIX-3 MIXED USE THREE ZONE RES-5 MIX-1 MIXED USE ONE ZONE C-3 RES-2 LOW RISE RESIDENTIAL TWO ZONE RES-4 RES-4 LOW RISE RESIDENTIAL FOUR ZONE RES-2 RES-5 LOW RISE RESIDENTIAL FIVE ZONE RES-6 MEDIUM RISE RESIDENTIAL SIX ZONE I-2 R-5 ZONE GRID REFERENCE 168U RES-5 R-5 SCHEDULE NO. 140 R-5 129U 168U R-5 OF APPENDIX 'A' 129U KITCHENER ZONING BY-LAW 85-1 AND 2019-051 R-5 129U R-5 129U ZONE LIMITS ZONING BY-LAW AMENDMENT ZBA17/010/F/GS 050100 MAP NO. 1 METRES OFFICIAL PLAN AMENDMENT OPA17/003/F/GS HENRY WALSER FUNERAL HOMES LTD, LEEANN MARIE WALSER, HENRY JAMES WALSER, & 1:4,000 SCALE FILE: 2544770 ONTARIO INC. City of Kitchener ZBA17010FGS_MAP1b_C 507 FREDERICK ST, 40 & 44 BECKER ST .mxd DATE: MARCH 13, 2023 DEVELOPMENT SERVICES DEPARTMENT, PLANNING