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HomeMy WebLinkAboutDSD-2023-153 - ZBA23/001/BB - Ioane and Alina Solomes - 1385 Bleams RoadStaff Report r NJ :R Development Services Department www.kitchener.ca REPORT TO: Planning and Strategic Initiatives Committee DATE OF MEETING: April 24, 2023 SUBMITTED BY: Garett Stevenson, Interim Director of Planning, 519-741-2200 ext. 7070 PREPARED BY: Brian Bateman, Senior Planner, 519-741-2200 ext. 7869 WARD(S) INVOLVED: Ward 2 DATE OF REPORT: March 27, 2023 REPORT NO.: DSD -2023-153 SUBJECT: 1385 Bleams Road Zoning By-law Amendment Application ZBA23/001/BB loane and Alina Solomes RECOMMENDATION: That Zoning By-law Amendment Application ZBA23/001/M/BB requesting to amend Zoning By-law 85-1, for loane and Alina Solomes, be approved in the form shown in the Proposed `Proposed By-law', and `Map No. 1' as Attachment `A'. REPORT HIGHLIGHTS: The purpose of this report is to evaluate and provide a planning recommendation regarding Zoning By-law Amendment Application for the property located at 1385 Bleams. It is Planning staffs recommendation that this application be approved with a Holding Provision. The proposed application represents an opportunity to intensify land that addresses a shortage of housing in our community, conserves and maintains a cultural heritage resource and implements the Rosenberg Community Plan land use designation. Community engagement included: o circulation of a preliminary notice to property owners within 240 metres of the subject site; o installation of a large billboard notice sign on the property; o a neighbourhood meeting held on March 9, 2023; o follow up one-on-one correspondence with members of the public who responded to the circulation or saw the billboard sign; o notice advising of the statutory public meeting was circulated to all property owners within 240 metres of the subject site, and those who responded to the preliminary circulation, and o notice of the public meeting was published in The Record on March 31, 2023. This report supports the delivery of core services. EXECUTIVE SUMMARY: Polocorp Inc. (`Polocorp') has been retained by Alina and loane Solomes to file a Zoning By-law Amendment Application for the property municipally addressed as 1385 Bleams Road in the *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 4 of 601 Rosenberg Community (see Figure 1). The proposed application is intended to facilitate the development of the western part of the subject property with 8 townhouse dwelling units. The proposal also contemplates a future consent application to sever the proposed townhouse development from the existing heritage dwelling on the subject property. jklL f W- "71 ON l y � Figure 1 — Aerial Photo of Subject Property A proposed Zoning By-law Amendment is being requested to implement zoning consistent with the land use designation. The proposed development consists of approximately 8 three-storey townhouse dwelling units, with associated parking and amenity areas. The proposed townhomes are approximately 193 sq m in size, including of two- or three-bedroom units. The townhomes will be accessed via a common driveway from Bleams Road, and each townhome will have a private driveway and garage. Private amenity areas with an area of approximately 24.3 sq. metres are proposed to be provided at the rear of each dwelling unit. Ultimately, the intent is for the shared driveway and visitor parking to be within a Common Element Condominium while the townhomes will be within Parcels of Tied Land. REPORT: The subject property is located southwest of the intersection of Fischer -Hallman Road and Bleams Road, on the south side of Bleams Road within the Rosenberg Neighbourhood. The Subject Property is municipally addressed as 1385 Bleams Road and legally described as: PLAN 1469 LOT 5, City of Kitchener, Regional Municipality of Waterloo. The Subject Property is rectangular in shape with an area of approximately 3,223.88 sq m (0.32 hectares; 0.8 acres), a lot frontage of approximately 85.9 m (281.8 ft) on Bleams Road and a lot depth of approximately 37.5 m (123.0 ft). The subject property is currently occupied by a former schoolhouse, a woodshed and a garage which are designated under Part IV of the Ontario Heritage Act. The schoolhouse is currently used as a residential dwelling. Surrounding land use consists of existing low rise residential/emerging low, Page 5 of 601 medium and high rise residential, commercial and open space. It is located within a 15 -minute walk of the Williamsburg Town Centre and major bus routes on Fischer -Hallman and Bleams Roads. The former schoolhouse on the subject property was originally constructed in 1864, with additions in 1874, 1922 and 1987. Front View of 1385 Bleams Road (Google) The board and batten clad woodshed to the south of the schoolhouse is of indeterminate age, likely of similar vintage as that of the schoolhouse. It is constructed with a gable roof and a gothic window on the east fagade. The heritage fence is comprised of round cedar posts with a crudely turned ball top and two horizontal pipe rails between the posts. The fence is in poor condition, with leaning posts, some missing tops and missing rails, and will be removed as a condition of the consent application to accommodate a Regional road widening. The existing garage was built after 1966 and is and not listed as a heritage feature. A detailed description of all heritage attributes of the subject property is provided in the Heritage Impact Assessment (HIA), prepared by CHC Limited and dated January 9, 2023. The HIA was presented to Heritage Committee for discussion on March 6, 2023. Planning Analysis: Proposed Zoning By-law Amendment The subject lands are designated `Medium Density Residential One' in the Rosenberg Community Secondary Plan. This designation supports a range of medium density development with a maximum Floor Space Ratio (FSR) of 1.0 and building heights that range from 3 to 8 storeys. The current zoning is `Agricultural Zone (A-1)' under By-law 85-1. This zone does not permit the use of multiple dwellings. Therefore, to align with the land use designation, the applicant is requesting a Zoning By- law Amendment (ZBA) from `A-1' to `Residential Seven Zone (R-7)' in Zoning By-law 85-1 with a special regulation provision for increased interior side yard and front yard setbacks and a reduced rear yard setback required to implement the proposed townhouse proposal. Due to review timeline refunds required by Bill 109, a Holding Provision is required to ensure matters related to urban design, landscaping, cultural heritage and noise are addressed, prior to lifting of the Holding Provision. It is anticipated that a future consent application will separate the property into 2 parcels of land. The proposed development that was circulated with the application is shown below in (Figure 3). An updated plan is provided in Figure 4 that incorporates revisions made in response to staff's comments during the review process. These changes include enhanced setback between existing heritage home and proposed townhomes, improved rear yard setback, removal of visitor and barrier free spaces adjacent to Bleams Road and reduced parking aisle width. These design measures have been made to balance heritage, tree preservation along Bleams Road, and a desire for an improved rear yard amenity space. Page 6 of 601 Figure 3 — Proposed Conceptual Plan F Page 7 of 601 BLEAMS ROAD Existing Ex s& g Heritage H ffKw N73'415'E Felice s. 44.8 F • �I • � -e.n 25.1 �-• �y �� y �m • `r • .'. f Prqased Seueramce �'—� x.e �s a.a Parking Amen k.rea Line r ! s.1�1 V V iii Existing " Exisd g Fe Single Detached '+ 7 in Ga en am I Ovs1erTomhoussL {s Lrtls) I G 3,rage to be derr"Ished 5.4 08 43.2 8 I Amenity Area I E)dSb ) L.--aw----a s. i.�s.Y tl •��.r.r..r�ar. a•�n...y....� �I `c N73'52'40'E as 3 16.0 23.6 Figure 3 — Proposed Conceptual Plan F Page 7 of 601 BLEAMS ROAD e+suA Euw® N7Y49'19'E F-40 / Faxes I� —T— ILA 2w RrE V X�Iff W JAM�W�X�x - - - - - {i A! - - - - - - - - - - �ff., 6c,cta Pdn,Mg P%paw SWAM= 41ne }� r I ■ 11 r ■ 1 r aA' sm e,• ■ 1 puyu ■■ ■ a ■i^ t l 10 18 1.}� s 9.O S` 3.6 ` JDA37 Fmd■I, Nee N73'S24A1E 15s ts.o as Figure 4 — Revised Conceptual Site Plan (Polocorp) In consideration of the application, Planning staff assessed compatibility and impact associated with the proposed yard setbacks, reduced parking on surrounding lands and between the proposed townhouses and existing heritage designated dwelling. This will be discussed in the ensuing sections below. Provincial Policy Statement, 2020 The Provincial Policy Statement (PPS) provides policy direction on matters of provincial interest related to land use planning and development. Sections 1.1.3, 1.4.1 and 1.4.3 of the PPS promotes densities for new housing which efficiently use land, resources, infrastructure and public service facilities. The PPS sets out a policy framework for sustainable healthy, liveable and safe communities. The PPS promotes efficient development and land use patterns, as well as accommodating an appropriate mix of affordable and market-based residential dwelling types with other land uses, while supporting the environment, public health and safety. Provincial policies promote the integration of land use planning, growth management, transit -supportive development, intensification, and infrastructure planning to achieve cost-effective development patterns, optimization of transit investments, and standards to minimize land consumption and servicing costs. Planning staff is of the opinion that the proposed application will contribute to an appropriate mix of housing types within the context of the surrounding neighbourhood. The subject lands are within a developing neighbourhood with adequate servicing capacity, road network capacity, and other required infrastructure and therefore represents a cost-effective development pattern that minimized land consumption and servicing costs. Based on the above, staff is of the opinion that this proposal is in conformity with the PPS. Page 8 of 601 A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 (Growth Plan): The Growth Plan supports the development of complete and compact communities that are designed to support healthy and active living, make efficient use of land and infrastructure, provide for a range, and mix of housing types, jobs, and services, at densities and in locations which support transit viability and active transportation. Policy 2.2.6.1(a) Municipalities will support housing choice through the achievement of the minimum intensification and targets in this plan by identifying a diverse range and mix of housing options and densities, including additional residential units and affordable housing to meet projected needs of current and future residents. Policy 2.2.1.4(a) This plan will support the achievement of Complete Communities that feature a diverse mix of land uses, including residential and employment uses, and convenient access to local stores, services, and public service facilities. The proposed multiple dwelling residential development will contribute to a greater mix of housing types in the neighbourhood. This application implements the approved land use designation of the Rosenberg Community Plan. The existing neighbourhood is within walking distance of local stores, services, and public service facilities such as a major commercial plaza (Williamsburg Town Centre), Food Basics along Fischer -Hallman Road and Muti-purpose Trails (planned and existing) along Bleams Road and Fischer -Hallman Road. Planning staff is of the opinion that the development proposal conforms to the Growth Plan. Regional Official Plan (ROP), 2010: Urban Area policies of the ROP identify that the focus of the Region's future growth will be within the Urban Area. The subject lands are designated Built -Up 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 the City 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 applications subject to implementing Holding Provisions. Planning staff are of the opinion that the application conforms to the Regional Official Plan. City of Kitchener Official Plan: Urban Structure The Subject Property is located on lands identified as the `Urban Corridor', which is one of the City's primary intensification areas. The planned function of Urban Corridors is to provide for, "... intensification opportunities that are transit supportive...". The proposed development presents a residential intensification opportunity on an underutilized parcel of land. The proposed development is limited to residential use but is well connected to the commercial and recreational destinations in the surrounding area. Further, the subject property is located within a 5 -minute walking distance of a bus stop. Land Use Designation The subject lands are designated `Medium Density Residential One' in the Rosenberg Community Secondary Plan. Housing Page 9 of 601 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. This low-rise multiple dwelling housing type is considered an attainable form of housing and provides an option that bridges the gap between high density residential towers and single detached dwellings. The proposed housing type is an important segment in Kitchener's housing continuum. Policy 4.C.1.8 Where special zoning regulations are proposed to facilitate residential intensification or a redevelopment of lands, the overall impact of the special zoning regulations will be reviewed, but not limited to the following to ensure, that: a) Any new buildings and any additions and/or modifications to existing buildings are appropriate in massing and scale and are compatible with the built form and the community character of the established neighbourhood. b) Where front yard setback reductions are proposed for new buildings in established neighbourhoods, the requested front yard setback should be similar to adjacent properties and supports and maintain the character of the streetscape and the neighbourhood. c) New additions and modifications to existing buildings are to be directed to the rear yard and are to be discouraged in the front yard and side yard abutting a street, except where it can be demonstrated that the addition and/or modification is compatible in scale, massing, design and character of adjacent properties and is in keeping with the character of the streetscape. d) New buildings, additions, modifications, and conversions are sensitive to the exterior areas of adjacent properties and that the appropriate screening and/or buffering is provided to mitigate any adverse impacts, particularly with respect to privacy. e) The lands can function appropriately and not create unacceptable adverse impacts for adjacent properties by providing both an appropriate number of parking spaces and an appropriate landscaped/amenity area on the site. Policy 4.C.1.9. Residential intensification and/or redevelopment within existing neighbourhoods will be designed to respect existing character. A high degree of sensitivity to surrounding context is important in considering compatibility. Policy 4.C.1.12. The City favours a land use pattern which mixes and disperses a full range of housing types and styles both across the city as a whole and within neighbourhoods. Policy 4.C.1.22: The City will encourage the provision of a range of innovative housing types and tenures such as rental housing, freehold ownership and condominium ownership including common element condominium, phased condominium, and vacant land condominium, as a means of increasing housing choice and diversity. Staff is of the opinion that the development proposal is at a scale and features massing consistent with surrounding lands. Appropriate buffers have been established and proposed special regulations have been assessed to ensure impacts on the heritage dwelling and surrounding lands have been considered. Transportation The City's Official Plan contains policies to develop, support, and maintain a complete, convenient, accessible, and integrated transportation system that incorporates active transportation, public transit, and accommodates vehicular traffic. In regard to alternate modes of transportation, objectives of the Official Plan include promoting land use planning and development that is integrated and conducive to the efficient and effective operation of public transit and encourages increased ridership of the public transit system. The City shall promote and encourage walking and cycling as safe and convenient modes of transportation. Page 10 of 601 The proposed development aims to increase density on an existing site that is served well by public transit, with access to Grand River Transit Routes 12, 33, and Npress Routes 205. The proposed development concept includes provision of safe, secure indoor bicycle storage to encourage active transportation. Staff is of the opinion that the requested zoning by-law amendment conforms with the transportation policies of the City's Official Plan. 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 considers the functionality and compatibility of development as a means of strengthening complete communities. 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. An Urban Design Brief has been submitted in support of the application and it provides design direction, assesses compatibility and outlines building materials and landscaping as required by policy. Given Bill 109 timelines, further refinement is necessary and thus, staff will be imposing a Holding Provision to have it approved by staff prior to releasing the Holding Provision. Cultural Heritage In accordance with the requirements of the Official Plan, a Heritage Impact Assessment (HIA) and Archaeological Impact Assessment (AIA) were prepared in support of the proposed application. The Heritage Impact Assessment identified the existing schoolhouse with belfry, woodshed, and fence as designated heritage structures on the Subject Property. Pursuant to the policies contained in Section 12, these will be preserved, and no changes are proposed to these structures through this application. The HIA was discussed at Heritage Kitchener on March 7, 2023. An Archaeological Assessment (Stages 1 & 2) has been submitted as a part of the rezoning application. It found that a Stage 3 assessment would be required, which will be submitted and completed. It is therefore being recommended that, given Bill 109 timelines, both the HIA and AIA receive final approval by staff of the City and Region, prior to the lifting of a Holding Provision. One of the stipulations of the HIA is to ensure the proposed townhouses is setback further than the heritage home to protect easterly views from Bleams Road. Rosenberg Community Secondary Plan (RSP) The Rosenberg Community is a complete community where people are able to walk or cycle to school, shop, and potentially to work. Each neighbourhood within the Rosenberg Community will be designed based on the "five-minute walk principle" and will be connected to the surrounding area The Subject Property is designated 'Medium Density Residential One' in the RSP (Map 22 e- Land Use Plan, Refer to Figure 14) and identified as a 'Corridor' (Map 22 a: Community Structure Plan). The Subject Property is identified as a 'Cultural Heritage Resource' (Map 22 b: Cultural Heritage Resources), comprising of former Williamsburg School House built in the Georgian Architecture Style. Page 11 of 601 Each neighbourhood within the Rosenberg Community will be planned, designed, and zoned to achieve a variety of housing types, styles and lot widths. The Medium Density Residential 1 land use designation will permit a range of medium density housing types including townhouse and multiple dwellings. The net density range will generally be 26-100 units per hectare and a maximum Floor Space Ratio of 1.0. Building heights will generally range between 3-8 storeys and will be regulated through the Zoning By-law. The objectives of cultural heritage policies are to conserve cultural heritage resources and to ensure that all development is sensitive to and respects cultural heritage resources. To that end, and as mentioned previously, an HIA and AIA have been submitted Policy Conclusion Planning staff are of the opinion that the proposed Zoning By-law amendment is consistent with policies of the Provincial Policy Statement, conforms to the Growth Plan for the Greater Golden Horseshoe, the Regional Official Plan, and the City of Kitchener Official Plan, and represents good planning. Proposed Zoning By-law Amendment: The subject lands are currently zoned in Zoning By-law 85-1. The necessary changes as part of this Zoning By-law Amendment are described below. Zoning By-law 85-1: The 'Agricultural (A-1)' zone does not permit the development of the subject property for medium density residential development. As such, an amendment to the Zoning By-law is required to facilitate the proposal. The proposed Zoning By-law Amendment application seeks to rezone the subject property from `Agricultural Zone (A-1)' to `Residential Seven Zone (R-7) with Special Use Provision 789R', in Zoning By-law 85-1. 789 R is required to: • Permit an interior (western) side yard setback of 1.2 metres, whereas 2.5 metres is required (Section 41.2.6); • Permit an overall parking rate of 1 space per unit for the proposed development, while 1.5 spaces per unit is required for multiple residential dwellings, together with visitor and barrier free parking spaces (Sections 6.1.2; 6.1.2(b)(vi); 6.7); • Permit a landscape buffer of 2.4 metres along the street line whereas 3 metres is required (Section 6.1.1.1(a)(iv)); • Permit a drive aisle encroachment of 0.6 metres within the 3 metre buffer from the street line, whereas drive aisles are not permitted within this buffer (Section 6.1.1.1(a)(iv)); and, • • Acknowledgement of the location, height, and rear yard setback of the existing heritage house and shed (Section 5.5) Interior Side Yard Setback The proposed townhouses building will be deficient in the western side yard setback, as the R-7 zone requires a minimum setback of 2.5 metres for buildings between 9 metres and 10.5 metres in height, while the proposed development contemplates a setback of 1.2 metres. The lands to the west and south of the subject property form part of Plan of Subdivision 30T-09201. This Plan of Subdivision identifies the adjacent lands as being a stormwater management (SWM) facility. As such, the western lot line will abut a SWM facility, and no negative impacts are anticipated due to the reduced western side yard. Page 12 of 601 Parking One parking space per dwelling unit can be supported by staff for two primary reasons. The subject property is within close walking distance to public transit as discussed in the Transportation section of this report and secondly, each unit will have a garage and driveway that can easily accommodate two vehicles. The internal road can also accommodate short-term parking without impacting the Regional right-of-way on Bleams Road, if needed. Landscape Buffer The proposed development contemplates a landscape buffer of 2.4 metres along Bleams Road, whereas 3 metres is required by the Zoning By-law. The deficiency in the landscape buffer is a result of the conveyance of a 2 -metre -wide road widening along Bleams Road to the Region. The landscape buffer has been reduced to facilitate the provision of an internal drive aisle as only one (1) access is permitted from the abutting Regional Road for the revised driveway and drive aisle location allow for the preservation of additional trees in the front yard and rear yards, where possible. Based on the above, a minor reduction of 0.6 metres in the landscape buffer is appropriate as it enables achievement of various other development objectives on the subject property, while providing a reasonable buffer along Bleams Road. Further, Section 6.1.1.1.(a)(iv) does not permit aisles giving direct access to abutting parking spaces within the first 3 metres from the street line. The proposed internal road has a setback of 2.4 metres from the street line, instead of the required 3 metres. As previously noted, this deficiency results from road widening requirement along Bleams Road. Further, only one (1) access is permitted on a Regional Road, which necessitates the provision of an internal road to service the proposed development. As such, this encroachment is minor and reasonable without any significant impacts. Setback from Existing Home to Development Proposal Staff worked with the applicant to ensure there is an appropriate setback established between the existing home and the new development to ensure there is adequate separation for viewshed purposes, vegetation plantings and access to the rear yard. Holding Provisions Holding provisions enable lands to be zoned for specific uses but prevents development and redevelopment from occurring until the City is satisfied that certain conditions have been met. Holding provisions are operationalized in the Zoning By-law using a holding symbol "H", in conjunction with a specific land use or land use designation category. The removal of the holding symbol occurs after fulfillment of the specific requirements as set out in the Official Plan (section 17.E.13). The City will utilize holding provisions to achieve orderly development and ensure that policies established in this Plan have been met prior to development proceeding. The policies in 17.E.13. Section allow for the implementation of holding provisions in the City's Zoning By-law on a comprehensive or site-specific basis. Bill 109 timelines have necessitated the use of a Holding Provision to ensure certain requirements are satisfied prior to development occurring on the subject lands. Holding Provision 101 H has been included to require final approval of the HIA, an Urban Design Brief, a Tree Management Plan, a Servicing Report, as Archaeological Assessment, and Environmental Noise Study. These are outlined in the attached by-law and will remain in place until such time each item has been addressed satisfactorily and an application has been made to lift the Holding provision. Page 13 of 601 WHAT WE HEARD 1 person provided comments 1 Neighbourhood Meeting held on March 9, 2023 143 households circulated and notified Department and Agency Comments: Preliminary circulation of the Zoning By-law Amendment occurred in February 2023 to applicable City departments and other review authorities. No major concerns were identified by any commenting City department or agency. Copies of the comments are found in Attachment "C" of this report. The following reports and studies were considered as part of this proposed Zoning By-law Amendments: • Concept Plan, prepared by Polocorp Inc., and dated 11 November 2023 • Planning Justification Report, prepared by Polocorp Inc., and dated 26 January 2023 • Existing Conditions Plan, prepared by MTE Consultants Inc.; and dated 5 May 2022 • Preliminary Grading Plan, prepared by MTE Consultants Inc; and dated 16 September 2022 • Archeological Assessment (Stage 1 & 2), prepared by Detritus Consulting Ltd., and dated 27 September 2022 • Archeological Assessment (Stage 3), prepared by Detritus Consulting Ltd., and dated 12 December 2022 • Heritage Impact Assessment, prepared by CHC Ltd., and dated January 9, 2023 • Urban Design Brief, prepared by Polocorp Inc., and dated 26 January 2023 • Tree Management Plan, prepared by Hill Design Studio Inc.; and dated 21 October 2022 • Arborist Report, prepared by Hill Design Studio Inc., and dated 24 January 2023 • Building Elevations, prepared by Orchard Design Studio Inc.; and dated 23 January 2023 • 3-D Massing model, prepared by Polocorp Inc.; and dated 25 January 2023 • Sustainability Statement, prepared by Polocorp Inc., and dated 26 January 2023 • Correspondence on Notice of Source Water Protection Plan Community Input and Staff Response: Staff received written responses from one (1) resident with respect to the proposed development. This can be found in Attachment `D'. A summary of what we heard, and staff responses are noted below. What We Heard Staff Comment Are Turning lanes proposed at Bleams Road is governed by the Regional Municipality of Helena Feasby/Bleams Rd.? Waterloo. As such, any road improvement/upgrade are subject to the Region's discretion. However, given the Page 14 of 601 Planning Conclusions: In considering the foregoing, staff are supportive of the proposed Zoning By-law Amendment. Staff is of the opinion that the subject application is consistent with policies of the Provincial Policy Statement, conforms to Growth Plan for the Greater Golden Horseshoe, the Regional Official Plan, and the City of Kitchener Official Plan and represents good planning. Staff recommends that the application be approved. The proposed application represents an opportunity to provide `missing middle' housing that addresses a need in our community. STRATEGIC PLAN ALIGNMENT: The recommendation of this report supports the achievement of the City's strategic vision through the delivery of core service. FINANCIAL IMPLICATIONS: There are no financial implications associated with this recommendation. Bill 109, More Homes for Everyone Act, 2022 introduced a requirement for a municipality to refund planning application fees if a decision is not made within a prescribed timeframe. Decisions on Zoning By-law Amendments are required within 90 days to retain planning application fees, effective January 1, 2023. Planning Staff are recommending that a Special Council meeting be held on April 24, 2023 following the Planning and Strategic Initiatives Meeting to make a decision on this application. If the decision is made by Council on May 8, 2023 at the next regularly scheduled Kitchener Council Meeting, the Planning Division must issue an application fee refund of $12,800.00, being 50% of the $25,600 Major Zoning By-law Amendment Application fee. The Planning Division does not have a funding source or budget for refunding planning application fees. 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 billboard notice sign was posted on the property and information regarding the application was posted to the City's website. A postcard was mailed to all property owners and residents within 240 metres regarding this application. Following the initial Page 15 of 601 emerging subdivision development proposed along Bleams Road and adjacent to the subject development, the Region is proposing road improvements in the form of roundabouts and multi -use trails along both sides of Bleams Road. For more information on what the Region is proposing, please refer to: Kitchener: Bleams Road Road Improvements I Eng .jeWR. Concerned residents from this There is nothing preventing residents of this proposal to development will cut across utilize Helena Feasby Street depending on where they Bleams Road to Helena Feasby wish to travel. It may be preferrable to turn right and Street from Proposed Development enter the roundabout and circle back to Helena Feasby Street. What will happen to the Existing The existing schoolhouse building will remain as a single Dwelling? detached dwelling. Vegetation Proposed along Bleams To be determined at the detailed design stage. A 2.4 metre wide landscape buffer is proposed. Timeline for Development The applicant would like to construct the dwelling units as soon as possible. Planning Conclusions: In considering the foregoing, staff are supportive of the proposed Zoning By-law Amendment. Staff is of the opinion that the subject application is consistent with policies of the Provincial Policy Statement, conforms to Growth Plan for the Greater Golden Horseshoe, the Regional Official Plan, and the City of Kitchener Official Plan and represents good planning. Staff recommends that the application be approved. The proposed application represents an opportunity to provide `missing middle' housing that addresses a need in our community. STRATEGIC PLAN ALIGNMENT: The recommendation of this report supports the achievement of the City's strategic vision through the delivery of core service. FINANCIAL IMPLICATIONS: There are no financial implications associated with this recommendation. Bill 109, More Homes for Everyone Act, 2022 introduced a requirement for a municipality to refund planning application fees if a decision is not made within a prescribed timeframe. Decisions on Zoning By-law Amendments are required within 90 days to retain planning application fees, effective January 1, 2023. Planning Staff are recommending that a Special Council meeting be held on April 24, 2023 following the Planning and Strategic Initiatives Meeting to make a decision on this application. If the decision is made by Council on May 8, 2023 at the next regularly scheduled Kitchener Council Meeting, the Planning Division must issue an application fee refund of $12,800.00, being 50% of the $25,600 Major Zoning By-law Amendment Application fee. The Planning Division does not have a funding source or budget for refunding planning application fees. 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 billboard notice sign was posted on the property and information regarding the application was posted to the City's website. A postcard was mailed to all property owners and residents within 240 metres regarding this application. Following the initial Page 15 of 601 circulation referenced below, an additional courtesy notice of the statutory public meeting was circulated to all property owners and residents within 240 metres of the subject lands and Notice of the Public Meeting was posted in the Waterloo Region Record on March 31, 2023 (a copy of the Notice may be found in Attachment `B'). CONSULT — The proposed Zoning By-law Amendment was originally circulated to property owners and residents within 240 metres of the subject lands on February 7, 2023. In response to this circulation, staff received one written response, which is included in Attachment `D'. A Neighbourhood Meeting was held on March 9, 2023 and attended by approximately 3 members of the public and no questions were asked. PREVIOUS REPORTS/AUTHORITIES: • Zoning By-law 85-1 • Official Plan, 2014 • Regional Official Plan, 2010 • Provincial Policy Statement, 2020 • Planning Act, 1990 • A Place to Grow Growth Plan, 2020 REVIEWED BY: Malone -Wright, Tina— Interim Manager of Development Review, Planning Division APPROVED BY: Justin Readman - General Manager, Development Services ATTACHMENTS: Attachment A — Proposed Zoning By-law and Map No. 1 Attachment B — Newspaper Notice Attachment C — Department & Agency Comments Attachment D — Resident Comments Page 16 of 601 PROPOSED BY — LAW 2023 BY-LAW NUMBER OF THE CORPORATION OF THE CITY OF KITCHENER (Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener —1385 Bleams Road) WHEREAS it is deemed expedient to amend By-law 85-1 for the lands specified above; NOW THEREFORE the Council of the Corporation of the City of Kitchener enacts as follows: 1. Schedule Number 93 of Appendix "A" to By-law Number 85-1 is hereby amended by changing the zoning applicable to the parcel of land specified and illustrated as Area 1 on Map No. 1, in the City of Kitchener, attached hereto, from Agricultural Zone (A-1) with Special Regulation Provision 1 R to Residential Seven Zone (R-7) with Special Regulation Provision 789R and Holding Provision 101 H. 2. Schedule Number 93 of Appendix "A" to By-law Number 85-1 is hereby further amended by incorporating additional zone boundaries as shown on Map No. 1 attached hereto. 3. Appendix "D" to By-law Number 85-1 is hereby amended by adding Section 789 thereto as follows: "789. Notwithstanding Sections 5.21 B, 5.5, 6.0, and 41.2 of this By-law, within the lands zoned Residential Seven Zone (R-7), shown as being affected by this subsection on Schedule Number 93 of Appendix "A", the following special regulations shall apply: a. the minimum rear yard setback shall be 6.0 metres; b. the minimum interior side yard setback shall be 1.2 metres and the minimum setback from the existing heritage building addressed as 1385 Bleams Road shall be 3.7 metres; Page 17 of 601 c. geothermal energy systems are prohibited; d. a site plan approval and development agreement are not required for a common element condominium; e. for a Common Element Condominium and associated Parcels of Tied Lands, zoning regulations shall apply to the lot as a whole; f. the location of any building existing on the date of the passing of this by-law, shall be deemed to comply with the following regulations; i. Front yard; ii. Rear yard; and iii. Building height. g. the minimum width of a landscape strip required adjacent to a street line shall be 2.4 metres; h. the minimum drive aisle setback from front lot line shall be 2.4 metres; and i. the minimum off-street parking required for a multiple dwelling shall be 1 space per dwelling unit." 4. Appendix "F" to By-law Number 85-1 is hereby amended by adding Section 101 H thereto as follows: "101. Notwithstanding Section 41 of this By-law, within lands zoned R-7 and shown as being affected by this subsection on Schedule Number 93 of Appendix "A", the following shall apply: a. No new residential use shall be permitted until such time as a Road Traffic and Stationary Noise Study, or agreement to include any necessary warning clauses, is submitted and approved to the satisfaction of the Regional Commissioner of Planning, Housing and Community Services, if necessary. This holding provision shall not be removed until the City of Kitchener is in receipt of a letter from the Regional Commissioner of Planning, Housing and Community Services advising that any necessary noise mitigation measures have been approved and agreed upon with the City/Region. b. No new residential use shall be permitted until such time as an Archaeological Assessment has been entered into the Ontario Public Register of Archaeological Reports by the Ministry of Tourism, Culture Page 18 of 601 and Sport. This holding provision shall not be removed until the City of Kitchener is in receipt of a confirmation letter from the Ministry of Tourism, Culture and Sport. c. No new residential use shall be permitted until such time as the provision of servicing from municipal infrastructure is confirmed by a professional Engineer, to the satisfaction of the Region of Waterloo and City's Director of Engineering. This holding provision shall not be removed until the City of Kitchener is in receipt of a letter from the Region of Waterloo confirming acceptance. d. No new residential use shall be permitted until such time as a Heritage Protection Plan addressing the protection of the existing heritage house through the construction of the adjacent lands is submitted and approved to the satisfaction of the City of Kitchener. This holding provision shall not be removed until the City's Director of Planning has confirmed acceptance of the required assessments. e. No new residential use shall be permitted until such time as the Urban Design Brief, prepared January 30, 2023, is updated to reflect the proposed plan to the satisfaction of the City of Kitchener. This holding provision shall not be removed until the City's Director of Planning has confirmed acceptance. f. No new residential use shall be permitted until such time as an updated Tree Management Plan is submitted and approved to the satisfaction of the City of Kitchener. This holding provision shall not be removed until the City's Director of Planning has confirmed acceptance." PASSED at the Council Chambers in the City of Kitchener this day of , 2023. Mayor Clerk Page 19 of 601 ,✓ 9,�, v� RES A-1 AGRICULTURAL ZONE :L' ` �`.` ` �`,` B-2 RESTRICTED BUSINESS PARK ZONE 741jR, 42R, 469U P -g B-3 BUSINESS PARK SERVICE CENTRE ZONE SUBJECT AREA(S) C-1 CONVENIENCE COMMERCIAL ZONE 469 MU -1 LOW INTENSITY MIXED USE CORRIDOR 7 _�_ y�y ZONE 7 MU -2 MEDIUM INTENSITY MIXED USE CORRIDOR R-6 7654, ZONE — i' ZONE LIMITS N R-6 R-6 R 7 8R�64R 3 P-2 OPEN SPACE ZONE ■ AMENDMENT TO BY-LAW 85-1 MU- -3 18U R-4 RESIDENTIAL FOUR ZONE C-1 321 R-6 AREA 1 - 741 R, 469U Z FROM AGRICULTURE ZONE (A-1) ZBA23/001 /B/B B R S � NHC-1 NATURAL HERITAGE CONSERVATION WITH SPECIAL REGULATION PROVISION 1 R ZONE IOAN SOLOMES OSR-2 OPEN SPACE: GREENWAYS ZONE SCALE 1:4,000 TO RESIDENTIAL SEVEN ZONE (R-7) FILE ZBA23009BBB_MAP1 mxd 1385 BLEAMS RD DATE: MARCH 20, 2023 WITH SPECIAL REGULATION PROVISION 789R AND HOLDING PROVISION 101 H G) C-1 321 N� C-1 R-9 K- CHE _ _ _ _ _ SCHEDULE 93 7_60_R _ _ 7_62_' _ 3b�E LF 64 , SCHEDULE 94 R-66,71' 672f2, , 673R, §7 R\ , I� , R-9 R-6 671,R ■ 761 R 672R, � 674R ��' R-6 759R P-3 76 765R Lu ` BY-LAW 85-1 MU -2 WR U-2 740R, A-1 AGRICULTURAL ZONE :L' ` �`.` ` �`,` B-2 RESTRICTED BUSINESS PARK ZONE 741jR, 42R, 469U P -g B-3 BUSINESS PARK SERVICE CENTRE ZONE jR,4A69U C-1 CONVENIENCE COMMERCIAL ZONE 469 MU -1 LOW INTENSITY MIXED USE CORRIDOR 7 _�_ y�y ZONE 7 MU -2 MEDIUM INTENSITY MIXED USE CORRIDOR R-6 7654, ZONE — i' ZONE LIMITS P-1 PUBLIC PARK ZONE R-6 R-6 R 7 8R�64R 3 P-2 OPEN SPACE ZONE ■ P-3 HAZARD LAND ZONE MU- -3 18U R-4 RESIDENTIAL FOUR ZONE R-6 RESIDENTIAL SIX ZONE MU -2 740R, 741 R, 469U R-9 RESIDENTIAL NINE ZONE BY-LAW 2019-051 ZBA23/001 /B/B B INS -1 NEIGHBOURHOOD INSTITUTIONAL ZONE NHC-1 NATURAL HERITAGE CONSERVATION 1 ZONE IOAN SOLOMES OSR-2 OPEN SPACE: GREENWAYS ZONE Lu ` MU -2 WR U-2 740R, ZONE GRID REFERENCE :L' ` �`.` ` �`,` R-6 741jR, 42R, 469U P -g SCHEDULE NO. 93 ;PTR -41671 WiW �� 765R 765R P-2 469 OF APPENDIX'A' 7 _�_ y�y .` `� 757R 7 KITCHENER ZONING BY-LAW 85-1 AND 2019-051 R-6 7654, ` R fi U R6 759R B-2 -765R 11 — i' ZONE LIMITS R-6 R-6 R 7 8R�64R 3 ■ `�� 65R MU- -3 18U FLOODING HAZARD Rz1 R-6 765R MAP NO 1 ZONING BY-LAW AMENDMENT ZBA23/001 /B/B B ■ 0 50 100 METRES OFFICIAL PLAN AMENDMENT N/A IOAN SOLOMES SCALE 1:4,000 City of Kitchener DEVELOPME T SERVICES DEPARTMENT, PLANNING FILE ZBA23009BBB_MAP1 mxd 1385 BLEAMS RD DATE: MARCH 20, 2023 NOTICE OF PUBLIC MEETING for a development in your neighbourhood 1385 Bleams Road 0] [0 Concept Drawing Have Your Voice Heard! Date: April 24, 2023 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: I Residential 8 Townhouse Retention of Brian Bateman, Senior Planner Dwellings Heritage 519.741.2200 x 7869 Home brian.bateman@kitchener.ca The City of Kitchener will consider an application to amend Zoning By-law 85-1 to facilitate a proposal to create a new lot for the development of 8 townhomes while retaining a lotfor the existing heritage home. Site-specific provisions forfront, rear & side yard setbacks and parking will also be required for the existing heritage home and to facilitate the proposal. Page 21 of 601 City of Kitchener Zoning By-law Amendment Comment Form Project Address: 1385 Bleams Road File Number: ZBA23/001/13/1313 Date of Site Plan Review Committee Meeting: No meeting, email circulation Comments Of: Transportation Services Commenter's Name: Steve Ryder Email: steven.ryder@kitchener.ca Phone: (519) 7412200 x 7152 Date of Comments: March 17, 2023 ❑ I plan to attend the meeting (questions/concerns/comments for discussion) ❑ I do NOT plan to attend the meeting (no concerns) 1. Recommendation of Commenting Division: ❑X Transportation Services has no objections to the proposed Zoning By-law Amendment to rezone the subject site for the purpose of construction an 8 -unit cluster townhouse block. Please see the following comments: • The proposed ZBA includes a proposal to reduce the required visitor parking spaces from three (3) to zero (0). Transportation Services has reviewed the updated concept after a short meeting with the applicant team on Thursday, March 16 and can support the proposal. Each unit includes one (1) required parking space within the internal garage, as well as one (1) surplus space in the driveway. Additionally, the proposed "internal roadway" will likely be able to accommodate several vehicles without impacting the Regional right-of-way. There is also short-term, on -street parking on Helena Feasby St that can accommodate the 8 -unit proposal, if needed. • As the proposed site does not require site plan approval under the new parameters of Bill 23, Transportation Services staff offer the following advisory comments: o Ensure a minimum width of 6.1m for the internal roadway that services the units; o Ensure no obstructions with the site access Driveway Visibility Triangles (DVTs); o Ensure the proposed bike racks are located closer to the units than the roadway for safety and convenience; A City for Everyone Working Together — Growing Thoughtfully — Building Community Page 22 of 601 o If Community Mailbox is required on-site, ensure it is easily accessible and is not located within the DVTs. 2. Conditions of Site Plan Approval in Principle: • N/A 3. Conditions of the S. 41 Development Aereement: ❑ Traffic Control Signs (2e) ❑ Special Condition(s): 4. Policies. Standards and Resources: o Urban Design Manual: o Barrier -free space standards: o https://www.kitchener.ca/en/resourcesGeneral/Documents/DSD PLAN UD 5.0 Access ibility Standards For The Built Environment.pdf o Access to Roads: o https://www.kitchener.ca/en/resourcesGeneral/Documents/DSD PLAN UD 2.0 Access To Roads.pdf 5. Anticipated Fees: o N/A A City for Everyone Working Together — Growing Thoughtfully — Building Community Page 23 of 601 Internal memo Development Services Department Date: February 27, 2023 To: Brian Bateman From: Jason BrUle cc: Carlos Reyes Subject: Zoning By-law Amendment Application loan Solomes 1385 Bleams Road, Kitchener ZBA23/001/B/BB 1 � KrL�NER wwwkitchener. ca The below comments have been prepared through the review of the supplied Existing Conditions Plan and Preliminary Grading Plan prepared by MTE Consultants Inc. revised May 05, 2022, and October 28, 2022 respectively in support of the above noted application. General Comments: 1. Engineering supports the zoning by-law amendment with some advisory comments provided below. Sanitary: 2. Flows for this site were already considered during the Rosenberg Secondary planning phase. Water (Angela Mick, KU): 3. No concerns for water flows and pressures. The applicant is reminded that they need to tap their service off a local watermain and not a Regional main. Stormwater Management: 4. Stormwater management for this site is accounted for in SWM Facility #1 on the Williamsburg Green subdivision directly adjacent to the west and south. Jason Brule, C.E.T. Engineering Technologist Page 24 of 601 City of Kitchener - Comment Form Project Address: 1385 Bleams Road Application Type: ZBA Comments of: Environmental Planning (Sustainability) — City of Kitchener Commenter's name: Kieran Luckhai Email: Kieran.Luckhai@kitchener.ca Phone: 519-741-2200 x 7078 Written Comments Due: March 6, 2023 Date of comments: February 17, 2023 1. Plans, Studies and/or Reports submitted and reviewed as part of a complete application: • Sustainability Statement — 1385 Bleams Road, prepared by Polocorp Inc., dated January 26, 2023 2. Comments & Issues: I have reviewed the documentation (as listed above) to support a Zoning By-law Amendment for the proposed development of 8 three-storey townhouse dwelling units, regarding sustainability and energy conservation and provide the following: • Although the Ontario Building Code (OBC) is advanced, going forward all developments will need to include robust energy conservation measures as the City (and Region of Waterloo) strive to achieve our greenhouse gas reduction target. • As indicated in the pre -submission meeting the development is within the Rosenburg Secondary Plan. Policies in the Rosenberg Secondary Plan encourage incorporation of progressive sustainability measures, including those in standards such as LEED or other comparable standards. • It is recommended that more progressive measures that go beyond the OBC be explored to further energy conservation, generation and operation, and benefit future residents/tenants. • Upon review of the supporting documentation there are several positive sustainability measures which have been considered and proposed for the development including: o The compact and efficient design of an underutilized lands o The use of low flow fixtures and low water consuming appliances o Lighting fixtures that are at or below ASHRAE 90.1-2019 power requirements o Sub -metering of individual units o The exploration of on-site waste management facilities, including recycling and composting 1IPage Page 25 of 601 An updated Sustainability Statement incorporating a more progressive energy conservation and efficient design is required to support the Zoning Bylaw Amendment. • Potential items for consideration are: o The use of alternative water supply and demand management systems or readiness to add these systems in the future o Implementation of low water use landscaping alternatives o White/light coloured roofing material to take advantage of passive solar energy gain o Engineering the building to add solar PVs if required in the future o Additional landscaping features to enhance the urban forest o Using low or no VOC paints and finishes to minimize air pollutants in interior materials o Sustainable sourcing of construction and building materials • A Sustainability Statement (as per the City's Terms of Reference) will be required as part of a complete Site Plan Application which can further explore and/or confirm additional sustainability measures that are best suited to the development. 3. Policies, Standards and Resources: • Kitchener Official Plan Policy 7.C.4.5. The City will encourage and support, where feasible and appropriate, alternative energy systems, renewable energy systems and district energy in accordance with Section 7.C.6 to accommodate current and projected needs of energy consumption. • Kitchener Official Plan Policy 7.C.6.4. In areas of new development, the City will encourage orientation of streets and/or lot design/building design with optimum southerly exposures. Such orientation will optimize opportunities for active or passive solar space heating and water heating. • Kitchener Official Plan Policy 7.C.6.8. Development applications will be required to demonstrate, to the satisfaction of the City, energy is being conserved or low energy generated. • Kitchener Official Plan Policy 7.C.6.27. The City will encourage developments to incorporate the necessary infrastructure for district energy in the detailed engineering designs where the potential for implementing district energy exists. • Rosenberg Secondary Plan Policy 2.6.2.1. The City will promote development that strives to be sustainable by encouraging, supporting and, where appropriate, requiring: i. Compact development and efficient built form; ii. Transit supportive development and redevelopment and the greater use of active modes of transportation such as cycling and walking; iii. Environmentally responsible design and construction practices; iv. The integration, protection and enhancement of natural features and landscapes into building and site design; and, v. The reduction of resource consumption associated with development. • Rosenberg Secondary Plan Policy 2.6.2.2. The City will encourage and support, where feasible and appropriate, Alternative Energy Systems, Renewable Energy Systems and district energy to accommodate current and projected needs of energy consumption. • Rosenberg Secondary Plan Policy 2.6.2.3. The City will use plans and strategies to help guide development and redevelopment to meet sustainable development goals, such as those contained within the Kitchener Growth Management Strategy and related growth management plans, the Transportation Master Plan, and the Urban Design Manual. 21 Page Page 26 of 601 • Rosenberg Secondary Plan Policy 2.6.2.4. The City will develop and implement sustainable development design standards for all development, redevelopment, building renovation and infrastructure, to be integrated into the Urban Design Manual. • Rosenberg Secondary Plan Policy 2.6.2.5. The City will encourage at the development application stage, the reduction of energy and residential combustion emissions through a range of approaches including the development of R-2000 homes and similar commercial construction standards such as LEED or other similar published standards, the incorporation of Energy Star appliances, the physical layout of the plan having regard to energy conservation, and buildings powered by renewable energy sources, both passive and active. This may include incentives offered through the City's Energy and Water Efficiency for Land and Buildings Community Improvement Plan. • Rosenberg Secondary Plan Policy 2.6.2.6. On a site specific basis, certain techniques such as the use of roof top gardens and the re -use of grey water will be encouraged provided that groundwater infiltration targets are not compromised. 4. Advice: ➢ As part of the Kitchener Great Places Award program every several years there is a Sustainable Development category. Also, there are community-based programs to help with and celebrate and recognize businesses and sustainable development stewards (Regional Sustainability Initiative - http://www.sustainablewaterlooregion.ca/our-programs/regional-sustainability- initiative and TravelWise - http://www.sustainablewaterlooregion.ca/our-programs/travelwise). ➢ The 'Sustainability Statement Terms of Reference' can be found on the City's website under 'Planning Resources' at ... https://www.kitchener.ca/SustainabilityStatement 31 Page Page 27 of 601 From: Chris Foster -Pengelly <cfosterpengelly@grandriver. ca> Sent: Friday, March 3, 2023 3:52 PM To: Brian Bateman Subject: RE: Circulation for Comment - 1385 Bleams Road (ZBA) Hi Brian, The subject property is not regulated by the GRCA under Ontario Regulation 150/06. As such, we will not be providing comments. Thank you, Chris Chris Foster -Pengelly, M.Sc. Assistant Supervisor of Resource Planning Grand River Conservation Authority 400 Clyde Road, PO Box 729 Cambridge, ON N1 5W6 Office: 519-621-2763 ext. 2319 Toll-free: 1-866-900-4722 Email: cfosterpengelly(a-)_grandriver. ca www.grandriver.ca I Connect with us on social media From: Planning <planning@grandriver.ca> Sent: Wednesday, February 8, 2023 9:15 AM To: Chris Foster -Pengelly <cfosterpengelly@grandriver.ca> Subject: FW: Circulation for Comment - 1385 Bleams Road (ZBA) From: Christine Kompter<Christine.Kompter@kitchener.ca> Sent: February 7, 2023 4:17 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.SelIer@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.wane@enovapower.com>; Feds <vped@feds.ca>; Planning <plannine@erandriver.ca>; Greg Reitzel <Greg.Reitzel@kitchener.ca>; Hydro One - Dennis DeRango <landuseplannine@hydroone.com>; Jim Edmondson <Jim.Edmondson@kitchener.ca>; Justin Readman <Justin.Readman@kitchener.ca>; Katherine Hughes<Katherine.Hughes@kitchener.ca>; Mike Seiling <Mike.Seiline@kitchener.ca>; Ontario Power Generation <Executivevp.lawanddevelopment@opg.com>; Park Planning (SM) <Park.Planning@kitchener.ca>; Region - Planning<PlanningApplications@regionofwaterloo.ca>; Property Data Administrator (SM) <PropDataAdmin@kitchener.ca>; Robert Morgan <Robert.Morgan@kitchener.ca>; Steven Ryder <Steven.Ryder@kitchener.ca>; Sylvie Eastman <Sylvie.Eastman@kitchener.ca>; WCDSB - Planning <planning@wcdsb.ca>; WRDSB - Board Secretary (elaine burns@wrdsb.ca) <elaine burns@wrdsb.ca>; WRDSB - Planning <planning@wrdsb.ca> Page 28 of 601 Cc: Brian Bateman <Brian.Bateman@kitchener.ca> Subject: Circulation for Comment - 1385 Bleams Road (ZBA) Please see attached. Additional documentation can be found in AMANDA folder 23-101841 (City staff) and ShareFile (external agencies). Comments or questions should be directed to Brian Bateman, Senior Planner (brian.bateman@kitchener.ca; 519-741-2200 x7869). Christine Kompter Administrative Assistant I Planning Division I City of Kitchener 200 King Street West, 6t" Floor I P.O. Box 1118 Kitchener ON N2G 4G7 519-741-2200 ext. 7425 1 TTY 1-866-969-9994 christine.kompter@kitchener.ca 001JOV00060 Page 29 of 601 City of Kitchener Heritage — OPA/ZBA Comment Form Project Address: 1385 Bleams Road File Number: ZBA23/001/13/1313 Comments Of: Heritage Planning Commenter's Name: Deeksha Choudhry Email: deeksha.choudhry@kitchener.ca Phone: 519-741-2200 ext. 7291 Date of Comments: March 3, 2023 Heritage Planning staff has reviewed the following material for the proposed development on the lands municipally addressed as 1385 Bleams Road to provide the comments outlined below: • Draft Heritage Impact Assessment (HIA) dated January 9, 2023; • Archaeological Assessment Stage 1 & 2 dated September 27, 2022; • Archaeological Assessment Stage 3 dated December 2022; • Submission Cover Letter dated January 26, 2023; • Proposed Building Elevations; • Proposed Floor Plans; and • Tree Management Plan 1. Site Specific Comments: The subject property municipally addressed as 1385 Bleams Road is designated under Part IV of the Ontario Heritage Act. Designating By-law 1987-309 protects the existing building, also known as the 'Williamsburg School', the belfry, the fence and the wood shed. The applicant is proposing to sever a portion of the land to building 8 townhomes towards the rear side of the property. No alterations to the existing residence or the wood shed have been proposed. 2. Draft Heritage Impact Assessment for 1385 Bleams Road A draft HIA has been submitted to the City in support of this application dated January 9, 2023. The draft HIA concludes that the proposed development will not have an adverse impact on the existing designated heritage resources. Furthermore, the HIA recommends that a 'Heritage Protection Plan' be A City for Everyone Working Together — Growing Thoughtfully — Building Community Page 30 of 601 prepared which would include protective measures for the schoolhouse, post, and rail fence adjacent to the development site. The draft HIA has not yet been approved by the Director of Planning. The draft HIA is scheduled to go to the Heritage Kitchener Committee at its March 7, 2023, meeting. Comments received from that meeting will be provided under separate document, along with the HIA review comments. 3. Heritage Planning Comments Overall, the proposed development seems sympathetic with the existing character of schoolhouse. However, staff have concerns regarding the setback from the existing building to the new townhomes. Staff are of the opinion that a 2.4 m setback from the existing building might not be sufficient, specially during construction, Staff encourage the applicant to explore the following: - Determine whether the proposed development can be setback even further to ensure a sufficient 'buffer space' between the existing heritage resource and new development Explore a different layout of the proposed development so that the new townhomes are not competing with the existing heritage resource and are sufficiently set back. There might an opportunity to move the orientation of the townhomes, so that the existing building set back onto a bigger amenity area, providing sufficient 'screening'from the proposed development. Staff would like to work with the applicants in addressing concerns related to the setback of the proposed development. In order to facilitate the proposed development, due to the recent changes that have been introduced by Bill 23, a site plan is no required. Therefore, a holding provision needs to be implemented on the site, which can only be lifted once the following have been completed: - The Heritage Impact Assessment is approved by the Director of Planning; - A Conservation Plan is submitted and approved by the Director of Planning; A heritage permit will also be needed to facilitate the development since the lands involve a designated Part IV heritage resource. A City for Everyone Working Together — Growing Thoughtfully — Building Community Page 31 of 601 N, 14 Region of Waterloo Brian Bateman, MCIP. RPP Senior Planner DSD — Planning Division City of Kitchener 200 King Street W. Kitchener, ON N2G 4G7 Dear Mr. Bateman: Post Circulation Comments ZBA 23/001/B/BB loan Solomes 1385 Bleams Road CITY OF KITCHENER PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES Community Planning 150 Frederick Street 8th Floor Kitchener Ontario N2G U Canada Telephone: 519-575-4400 TTY: 519-575-4508 Fax: 519-575-4466 www. regionofwaterl oo.ca Shilling Yip (226) 753-1064 (C) Files: C14-60/2/23001 March 28, 2023 Region staff has reviewed the above -noted application and provides the following comments for your consideration at this time. The applicant is proposing is proposing to re -zone the property from A-1 agricultural one in By-law 85-1 to Medium Density Residential (RES -6) with site specific regulations and uses to correspond with the Medium Rise Residential One land use designation of the Rosenberg Secondary Plan. The intent of the ZBA is to facilitate a consent to create a new block of land for the development of 8 townhomes, while retaining a lot for the existing heritage dwelling on the property. Staff understands the dwelling, shed and fence structure along the Bleams Road frontage are designated architectural and historical value under the Ontario Heritage Act. Staff also understands this development will not be subject to site plan, as only 8 units are being proposed. The lands are designated Urban Area "Designated Greenfield Areas" on Map 3a in the Regional Official Plan (ROP). Document Number: 4333938 Version: 1 Page 32 of 601 -2 - Water Services A Functional Servicing Report is required. This may be secured through a holding provision in the proposed zoning by-law amendment. The applicant should be made aware that no connection to regional water mains will be permitted in accordance with Section B.2.1.4.1 of the Design Guidelines and Supplemental Specifications for Municipal Services for January 2021. Hydrogeology & Water Programs (Source Water Protection) The lands are designated Wellhead Protection Sensitivity 8 on Map 6a of the Regional Official Plan. The purpose of the mapping and corresponding policies in the ROP is to protect the longterm municipal groundwater supplies. Geothermal wells are permitted subject to further study in accordance with ROP Policy 8.A.4. Alternatively, geothermal wells should be prohibited as a permitted use in the zoning by-law amendment. As no additional technical study has been provided to support the use of geothermal systems, Hydrogeology & Water Programs (HWP) staff has requested that a prohibition on geothermal wells as defined in Chapter 8 of the Regional Official Plan, including vertical open and closed loop geothermal energy systems, be written in the proposed zoning by-law amendment for the subject lands. A Salt Management Plan is required. This may be secured through a holding provision in the proposed zoning by-law amendment. As part of the plan, HWP would encourage the proponent to incorporate design considerations with respect to salt management, including: • Ensure that cold weather stormwater flows are considered in the site design. Consideration should be given to minimize the transport of meltwater across the parking lots or driveway. This also has the potential to decrease the formation of ice and thereby the need for de-icing. • Directing downspouts towards pervious (i.e. grassy) surfaces to prevent runoff from freezing on parking lots and walkways. • Locating snow storage areas on impervious (i.e. paved) surfaces in close proximity to catch basins. • Using winter maintenance contractors that are Smart About SaItTM certified. • Using alternative de-icers (e.g. pickled sand) in favour of road salt. The proponent is eligible for certification under the Smart About SaItTM program for this property. Completion of the Salt Management Plan is one part of the program. To learn more about the program and to find accredited contractors please refer to: http://www.smartaboutsalt.com/. Benefits of designation under the program include cost savings through more efficient use of salt, safe winter conditions by preventing the formation of ice, and potential reductions in insurance premiums. Document Number: 4333938 Version: 1 Page 33 of 601 -3 - Corridor Planning Conditions of Approval for the Zone Change Application Road Traffic Noise Study At this location the proposed development may encounter environmental noise sources from Bleams Road. It is the responsibility of the applicant to ensure the proposed noise sensitive development is not adversely affected by anticipated noise impacts. To address the environmental noise impacts, the applicant must prepare an Environmental Noise Study; the noise levels criteria and guidelines for the preparation of the study should follow the Ministry of the Environment, Conservation and Park NPC -300 requirements. This may be secured through a holding provision in the proposed zoning by-law amendment. The consultant who prepares the Environmental Noise Study must be listed on the Region of Waterloo's Approved List of Noise Consultants. The noise consultant is responsible for obtaining current information, applying professional expertise in preforming calculations, making detailed and justified recommendations, submitting the Consultant Noise Declaration and Owner/Authorized Agent Statement. The consultant preparing the Environmental Noise Study must contact Region of Waterloo staff for transportation data, including traffic forecasts and truck percentages, for the purpose of preparing the Environmental Noise Study. Region of Waterloo staff will provide this data within three weeks of receiving the request from the noise consultant. Please note that there is a $500 fee for the preparation of the traffic forecasts and review of the Environmental Noise Study. The noise consultant preparing the Environmental Noise Study must submit the transportation data request online via (https://rmow.permitcentral.ca/Permit/GroupApply?qroupld=3). Resubmission of any Transportation Noise Study may be subject to a $250 resubmission fee. In the event that a stationary noise source, and/or a vibration source are/is identified as potential concerns, the applicant will be required to pay for a third party review by an external Noise Consultant retained by the Region. The fee for this third party review is $4000 + HST. Please submit payment for the third party review along with the submitted noise study. Additional fees may apply depending on scope of review required. Payment can be made either by cheque payable to the Region of Waterloo, or by contacting Ms. Peggy Walter (PWalter _regionofwaterloo.ca) via other methods. Stormwater Management & Site Grading A Functional Servicing and Stormwater Management Report is required for review and approval by the Region. This may be secured through a holding provision in the proposed zoning by-law amendment. Detailed comments related to site specific grading and servicing details will be provided. Where possible, please coordinate underground service connections from the local municipal road rather than the Regional Road. Document Number: 4333938 Version: 1 Page 34 of 601 Conditions of Approval for the future Consent Application Regional Road Dedication At this location, Bleams Road has a designated road width of 30.48m (100ft) in Schedule `A' of the Regional Official Plan (ROP) and an approximate 2.Om road widening will be required. The exact amount of road widening dedication is to be determined by an Ontario Land Surveyor (OLS) in consultation with the Region's Transportation Planner. Please show the correct road widening and daylight triangle dedications on all plans going forward. The landowner will be responsible for re -locating the fence onto lands outside of the subject widening, prior to conveyance of lands to the Region. The widening is applicable over the entire Bleams Road frontage (on both the townhouse and heritage lots). The Region's Bleams Road road project is expected to commence about this time next year. Ideally, staff would like to have the widening dedication prior to this date in order to avoid having to defer work in this area. Access Permit/TIS/Access Regulation The subject property currently obtains vehicular access directly to Bleams Road via two full movement access locations. Region staff notes that the proposed development would be granted a single vehicular access to Bleams Road, and must be located directly across from the existing Helena Feasby Street right of way. The applicant is advised to work with staff to develop a site design with a vehicular access that is approved by the Region. The Regional Road Access Permit application can be found on the Region of Waterloo website https-//forms.regionofwaterloo.ca/ePay/PDLS-Online-Payment- Forms/Com mercial-Access-Perm it -Application The associated application fee is $230. Cultural Heritage and Archaeology Cultural heritage staff has reviewed the Heritage Impact Assessment for 1385 Bleams Road (Jan 9/23) and note that the Williamsburg Public School (1864/1874 structure) is being conserved intact. The Region supports the OHA designation of the structure, as well as the development of a Heritage Protection Plan as recommended in the HIA. Staff has also reviewed the Stage 1,2 and 3 Archaeological Assessments reports. Staff understands the Stages 1 & 2 Assessment has been submitted to the Ministry for expedited review, and that acknowledgement is still pending. The Stage 3 assessment has been completed and does not recommend further assessment. It is to be submitted to the Ministry once the Stage 1 & 2 is acknowledged. As you know the Region's practice is to request complete Archaeological Assessments with Ministry Acknowledgement as part of the submission of a complete application. In this case, the application was accepted as complete without identifying this requirement and the Document Number: 4333938 Version: 1 Page 35 of 601 -5 - application is now subject to Bill 109 timeframes. It is the Region's preference that the complete Archaeological Assessment and Ministry Acknowledgement be received prior to Council consideration of the application. However, Region staff recognizes this application is subject to Bill 109 timeframes and should the City impose a holding provision the Region requests that it not be lifted until a complete Archaeological Assessment and Ministry Acknowledgment be received to the satisfaction of the Region. Housing No comments. Regional Development Charges Any future development on the subject lands will be subject to provisions of Regional Development Charges By-law 19-037 or any successor thereof. Other Staff acknowledges the Region's required review fee for the ZBA application was received February 8, 2023. In summary, the proposed zoning by-law amendment must include the following: 1) a prohibition on geothermal wells; and 2) a holding provision to address (to the satisfaction of the Region of Waterloo), • Completion of a Road Traffic Noise Study • Completion of a Functional Servicing and Stormwater Management Report • Completion of a Salt Management Plan, and • Submission of all archaeological assessment reports to the Ministry of Tourism, Culture and Sport; with receipt of Ministry acknowledgement of same. Region staff has no objection to proceeding with a City staff recommendation to Kitchener Council subject to the above -noted comments. If you have any questions, please feel free to contact me (226) 753-1064 (c). Yours truly, Shilling Yip, MCIP, RPP Senior Planner cc. Matthew Warzecha, Polocorp Document Number: 4333938 Version: 1 Page 36 of 601 From: Sent: To: Subject: Attachments: Good afternoon Brian, Katey Crawford Monday, March 27, 2023 5:02 PM Brian Bateman RE: 1385 Bleams Road ZBA - UD Comments cp2074-Towns_2023.03.23. pdf I am supportive of the revised concept dated March 23rd, 2023 (attached), with the following conditions: 1. An updated Tree Management plan be provided, including the required Butternut Health Assessments. 2. An updated Urban Design Brief be provided, reflective of the newly proposed concept, outcomes of the Tree Management Plan and Butternut Health Assessments. Best, Katey Katey Crawford, OALA, CSLA Senior Urban Designer / Planning Division / City of Kitchener 519-741-2200 ext. 7157 / TTY 1-866-969-9994 Katey. C rawfo rd (a)-kitch e n e r. ca 60invul ase the projecAs laces you love. 6minations are nbw open for Kitchener's Great 'laces awards. From: Katey Crawford Sent: Friday, March 3, 2023 12:29 PM To: Brian Bateman <Brian.Bateman@kitchener.ca> Subject: 1385 Bleams Road ZBA - UD Comments Good afternoon, Brian, Please see written comments attached for your reference and circulation. Thanks, Page 37 of 601 Katey Katey Crawford, OALA, CSLA Senior Urban Designer / Planning Division / City of Kitchener 519-741-2200 ext. 7157 / TTY 1-866-969-9994 Katey. C rawfo rd (a)-kitch e n e r. ca O""RJ a 0 0 0 0 W 0 Page 38 of 601 From: Planning <planning@wcdsb.ca> Sent: Wednesday, March 1, 2023 3:35 PM To: Brian Bateman Subject: RE: Circulation for Comment - 1385 Bleams Road (ZBA) Good Afternoon Brian, The Waterloo Catholic District School Board has reviewed the subject application and based on our development circulation criteria have the following comment(s)/condition(s): A) That any Education Development Charges shall be collected prior to the issuance of a building permit(s). B) That the developer shall include the following wording in the site plan agreement / condominium declaration to advise all purchasers of residential units and/or renters of same: "in order to limit risks, public school buses contracted by Student Transportation Services of Waterloo Region (STSWR), or its assigns or successors, will not travel on privately owned or maintained right-of-ways to pick up and drop off students, and so bussed students will be required to meet the bus at a congregated bus pick-up point." If you require any further information, please contact me by e-mail at Jordan. Neale@wcdsb.ca. Thank you, Jordan Neale Planning Technician, WCDSB 480 Dutton Dr, Waterloo, ON N2L 4C6 519-578-3660 ext. 2355 From: Christine Kompter<Christine.Kompter@kitchener.ca> Sent: Tuesday, February 7, 2023 4:17 PM To: _DL_#_DSD_Planning <DSD-PlannineDivision@kitchener.ca>; Bell - c/o WSP <circulations@wsp.com>; Carlos Reyes <Carlos.Reyes@kitchener.ca>; Darren Kropf <Darren.Kropf@kitchener.ca>; Dave Seller <Dave.SelIer@kitchener.ca>; David Paetz <David.Paetz@kitchener.ca>; Ellen Straus <EIIen.Straus@kitchener.ca>; Enova Power Corp. - Greig Cameron <Rreie.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@hvdroone.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 Page 39 of 601 <Steven.Ryder@kitchener.ca>; Sylvie Eastman <Sylvie.Eastman@kitchener.ca>; Planning <planning@wcdsb.ca>; WRDSB - Board Secretary (elaine burns@wrdsb.ca) <elaine burns@wrdsb.ca>; WRDSB - Planning <planning@wrdsb.ca> Cc: Brian Bateman <Brian.Bateman@kitchener.ca> Subject: Circulation for Comment - 1385 Bleams Road (ZBA) Caution - External Email - This Message comes from an external organization. Do NOT click on unrecognized links or provide your username and/or password. Please see attached. Additional documentation can be found in AMANDA folder 23-101841 (City staff) and ShareFile (external agencies). Comments or questions should be directed to Brian Bateman, Senior Planner (brian.bateman@kitchener.ca; 519-741-2200 x7869). Christine Kompter Administrative Assistant I Planning Division I City of Kitchener 200 King Street West, 6t" Floor I P.O. Box 1118 Kitchener ON N2G 4G7 519-741-2200 ext. 7425 1 TTY 1-866-969-9994 christine.kompter@kitchener.ca 66000001-, G Disclaimer - This email and any files transmitted with it are confidential and contain privileged or copyright information. You must not present this message to another party without gaining permission from the sender. If you are not the intended recipient you must not copy, distribute or use this email or the information contained in it for any purpose other than to notify us. If you have received this message in error, please notify the sender immediately, and delete this email from your system. We do not guarantee that this material is free from viruses or any other defects although due care has been taken to minimize the risk. Any views expressed in this message are those of the individual sender, except where the sender specifically states them to be the views of the Waterloo Catholic District School Board. Page 40 of 601 From: Karen Tu Sent: Friday, March 3, 2023 10:40 PM To: Brian Bateman; Ayo Owodunni Subject: Comments re: Proposed Development 1385 Bleams Road You don't often get ennaiI from Learn why this is important Hello Brian and Ayo, I am writing re: the mailing I received regarding the Virtual Zoom Meeting scheduled for March 9th regarding the proposed residential development of 8 new townhomes at 1385 Bleams Road. As I am unable to attend this session, I am writing some of my comments for consideration below. As a long term (16 years) resident of Helena Feasby (HF) St, the street opposite the proposed development, I would like to understand the plans in place to support the additional traffic routing to this new development. With increased traffic in both directions of Bleams, it has been increasingly difficult to turn right onto HF going west on Bleams, and similarly, turning left onto HF when going east on Bleams. Are there plans to put dedicated turn lanes to support HF and the new development as the latter will introduce additional turn traffic at that intersection? Without dedicated lanes, I feel there is an increased likelihood of preventable traffic backup and collisions when impatient drivers behind a turning vehicle swerve to avoid slowing down to accommodate. Will residents at the new development be able to cut across Bleams and onto HF directly? I can potentially see this as hazardous for the safety of those using the sidewalk on Bleams, especially if there are plans to extend the asphalt trail down past the storm water pond. Furthermore, HF has seen its fair share of issues with cut -through traffic to the Good Life Fitness and the Williamsburg main street area, and many traffic studies have shown that volume and speed are a concern. What plans are in place to ensure the improvements made over the last several years are not lost with the introduction of the new developments across the street? What are the plans to maintain the heritage building in this new development? Is it converted into a non-residential community space? Are there plans, as indicated in the artist drawing, to plant lots of trees and foliage? Or is it simply artists rendering? What is the timeline of this development? I hope that the concerns of all residents are seriously considered and reflected on before the development is green lit to proceed. Regards, Karen Page 41 of 601