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HomeMy WebLinkAboutDSD-2024-076 - Zoning By-law Amendment Application ZBA23/038/G/ES - 186 Gehl Place - Kitchener Green Developments Inc.Staff Report r J R Development Services Department www.kitchener.ca REPORT TO: Planning and Strategic Initiatives Committee DATE OF MEETING: February 26, 2024 SUBMITTED BY: Garett Stevenson, Director, Development and Housing Approvals, 519-741-2200 ext. 7070 PREPARED BY: Eric Schneider, Senior Planner, 519-741-2200 ext. 7843 WARD(S) INVOLVED: Ward 5 DATE OF REPORT: February 12, 2024 REPORT NO.: DSD -2024-076 SUBJECT: Zoning By-law Amendment Application ZBA23/038/G/ES 186 Gehl Place Kitchener Green Developments Inc. RECOMMENDATION: That Zoning By-law Amendment Application ZBA23/038/G/ES for Kitchener Green Developments Inc. be approved in the form shown in the `Proposed By-law', and `Map No. 1, attached to Report DSD -2024-076 as Attachment `A'. REPORT HIGHLIGHTS: The purpose of this report is to evaluate and provide a planning recommendation regarding the Zoning By-law Amendment Application for the subject lands located at 186 Gehl Place. It is planning staff's recommendation that the Zoning By-law Amendment Application be approved. The proposed Amendment supports the development of a draft approved subdivision with low and medium density residential lands, institutional lands, open space, and active park space. Community engagement included: o circulation of a preliminary notice letter to property owners and residents within 240 metres of the subject site; o installation of a large billboard notice sign on the properties; o Neighbourhood Meeting held on January 18, 2024; o postcard advising of the statutory public meeting was circulated to all property owners within 240 metres of the subject site, those who responded to the preliminary circulation; and those who attended the Neighbourhood Meetings; o notice of the public meeting was published in The Record on February 2, 2024. • This report supports the delivery of core services. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 117 of 441 • This application was deemed complete on December 15, 2023. The Applicant can appeal this application for non -decision after March 14, 2024. EXECUTIVE SUMMARY: Planning Staff is recommending approval of the requested Zoning By-law Amendment Application to add special regulation provisions to the Zoning By-law on the lands to establish site specific development standards for the draft approved subdivision. Staff are recommending that the application be approved. BACKGROUND: The City of Kitchener has received an application for a Zoning By-law Amendment from Kitchener Green Developments Inc. to add special regulation provisions to the subject lands to establish site-specific development standards for the draft approved subdivision. An application for Zoning By-law Amendment and Draft Plan of Subdivision were made for the subject lands in 2014 (ZC14/10/G/JVW and 30T-14201). A settlement for these applications was approved by the Local Planning Appeals Tribunal (now known as the Ontario Land Tribunal) on February 14, 2020. Kitchener Green Developments Inc. has since purchased the lands and is seeking to establish site-specific development standards to match the surrounding lands also owned by the applicant. The lands are located in the Rosenberg Secondary Plan in the City's Official Plan. In the Rosenberg Land Use Plan (Map 22e) the subject lands contain the following land use designations: • Low Rise Residential One • Low Rise Residential Two • Medium Rise Residential One • Mixed Use One • Neighbourhood Institutional • Neighbourhood Park • Open Space • Natural Heritage Conservation • Deferral Area Site Context The subject lands are addressed as 186 Gehl Place, and also described as Plan of Subdivision 30T-14201. The parcel has a lot width of approximately 166 metres on the south side of Bleams Road and is approximately 42 hectares in area. The site was formerly used as an aggregate pit, which has since been decommissioned. The draft plan of subdivision proposes new local roads and the extension of major collector roads Rosenberg Way and Amand Drive. Amand Drive is aligned with Donneworth Street to the north of Bleams Road and runs in a north -south direction. Rosenberg Way runs in an east - west direction and would connect the near -completed subdivision to the east (30T-08206) with the draft approved subdivision to the west (30T-18201). Page 118 of 441 N 7� G) PERIWINKLE ST U) -4 r GLEAMS RD COMMONWEALM GRES SUBJECT AREA C7 M a Y R0SEh16ERG WAY 4-IANt RfJ4E4STER ST =i r Figure 1 - Location Map: 186 Gehl Place (30T-14201) Figure 2 - View of Subject Lands (from Bleams Road) Page 119 of 441 r� X Z� Us ROUTLEY ST y WILLIAM NADOR A ST r SAXONY ST C7 M a Y R0SEh16ERG WAY 4-IANt RfJ4E4STER ST =i r Figure 1 - Location Map: 186 Gehl Place (30T-14201) Figure 2 - View of Subject Lands (from Bleams Road) Page 119 of 441 REPORT: The applicant is proposing to develop the draft approved subdivision with the same orientation and street layout as approved. However, the applicant is seeking to add special regulation provisions to the subject lands to establish specific development standards. The development standards proposed will align with standards that exist in the approved subdivision to the west and southwest, also owned by the applicant. A minor modification to the draft approved subdivision is also under review to slightly adjust some lotting configurations. Minor modifications are delegated to the Director of Development and Housing Approvals and will follow Council's decision on this application. Planning Analysis: 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 a full range of housing, including affordable housing; k) The adequate provision of employment opportunities; p) The appropriate location of growth and development; 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 Policy Statement, 2020, as it directs how and where development is to occur. The City's Official Plan is the most important vehicle for the implementation of the Provincial Policy Statement, 2020 and to ensure Provincial policy is adhered to. The Ministry of Municipal Affairs and Housing is proposing an integrated province -wide land use planning policy document, potentially replacing the Provincial Policy Statement and A Place to Grow: Growth plan for the Greater Golden Horseshoe, with a singular Provincial Planning Statement (PPS) which is in draft form and not in effect at the time this report was prepared. Provincial Policy Statement, 2020: Page 120 of 441 The Provincial Policy Statement (PPS) provides policy direction on matters of provincial interest related to land use planning and development. The PPS sets out principles to achieve "healthy, liveable and safe communities". The PPS is supportive of efficient development patterns that optimize the use of land, resources, and public investment in infrastructure and public service facilities. Further, the PPS directs the development of new housing to locations where appropriate levels of infrastructure and public service facilities are or will be available to support current and projected needs and promotes densities for new housing which efficiently uses land, resources, infrastructure, and public service facilities. 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 1.1.1 of the PPS states that, "Healthy, 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; b) accommodating an appropriate affordable and market-based range and mix of residential types (including single -detached, additional residential units, multi -unit housing, affordable housing and housing for older persons), employment (including industrial and commercial), institutional (including places of worship, cemeteries and long-term care homes), recreation, park and open space, and other uses to meet long-term needs; 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; g) ensuring that necessary infrastructure and public service facilities are or will be available to meet current and projected needs; h) promoting development and land use patterns that conserve biodiversity; and i) preparing for the regional and local impacts of a changing climate. Page 121 of 441 Policy 1.1.2 requires that sufficient land shall be made available to accommodate an appropriate range and mix of land uses to meet projected needs for a time horizon of up to 25 years, informed by provincial guidelines. 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; 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. Further, policy 1.1.3.2 states that land use patterns within settlement areas shall also be based on a range of uses and opportunities for intensification and redevelopment in accordance with the criteria in policy 1.1.3.3, where this can be accommodated. Policy 1.1.3.3 requires that Planning authorities (such as the City of Kitchener) shall identify appropriate locations and promote opportunities for transit -supportive development, accommodating a significant supply and range of housing options through intensification and redevelopment where this can be accommodated taking into account existing building stock or areas, including brownfield sites, and the availability of suitable existing or planned infrastructure and public service facilities required to accommodate projected needs. The proposed Zoning By-law Amendment Application represents planned development that has been designed as a transit -oriented community that is walkable and meets Regional and Provincial objectives by accommodating a mix of housing types and densities and introducing new institutional uses. The proposal makes efficient use of the land through comprehensively planned development and that meet minimum density requirements, thus maximizing the recently constructed infrastructure which was installed to service this area. The plan provides for a range of residential housing types and densities that are in close proximity to planned Urban Greens and a large neighbourhood park. The lands are designated for residential development and the proposed plan of subdivision establishes an efficient development pattern that brings new residential and institutional uses to the Rosenberg community. Planning staff is of the opinion that the proposed application is consistent with the PPS. A Place to Grow: Growth Plan for the Greater Golden Horseshoe (Growth Plan) Part of the Vision of the Greater Golden Horseshoe (GGH) is to ensure municipalities have sufficient housing supply that reflects market demand and what is needed in local communities. Two of the guiding principles of the Growth Plan are to prioritize intensification and higher densities in strategic growth areas to make efficient use of land and infrastructure and support transit viability and to support a range and mix of housing options, including second units and affordable housing, to serve all sizes, incomes, and ages of households. Page 122 of 441 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 approximately 299,070 in comparison to the Region's 2020 population of 623,930. The forecasted growth to the 2051 horizon is allocated to each municipality in the Region based on the following considerations: the vast majority of growth will be directed to settlement areas that have a delineated built boundary, have existing or planned municipal water and wastewater systems, and can support the achievement of complete communities. As one of three cities in the Region, it can be expected that Kitchener will be allocated a significant amount of the additional population allocation. The development of the subject lands are within the City's delineated Designated Greenfield Area. New development taking place in designated greenfield areas must be planned, designated, and zoned in a manner that supports the achievement of complete communities, supports active transportation, and encourages the integration and sustained viability of transit services. The Growth Plan notes that complete communities should be designed to meet people's needs 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. The subject lands are located within the City's Designated Greenfield Area, an area within the Settlement Boundary that is designated for growth. Policy 2.2.7.1 states that new development taking place in designated greenfield areas will be planned, designated, zoned and designed in a manner that: a) supports the achievement of complete communities; b) supports active transportation; and c) encourages the integration and sustained viability of transit services. Policy 2.2.7.2 requires that the minimum density target applicable to the designated greenfield area for Waterloo Region is not less than 50 residents and jobs combined per hectare. The minimum density for Kitchener's designated greenfield area, as required by Regional Official Plan policy 2.D.17 and Kitchener Official Plan policy 3.C.A.A14.a) is 55 residents and jobs combined per hectare. The planned density of this development exceeds minimum density targets in the Rosenberg Secondary Plan. Up to a total of 1536 dwelling units are proposed. The total density will be determined at the final build out of the lands, depending on the scale and density of the multiple dwelling sites. Planning staff are of the opinion that the proposed application conforms to the Growth Plan. The lands have been designated to permit residential, institutional, as well as a large Page 123 of 441 neighbourhood park, open space blocks, and an Urban Green. The application proposes a variety of multiple dwelling types including single -detached dwellings, street -fronting townhouses, cluster townhouses, back-to-back townhouse dwellings, as well as multiple dwellings. The extension of Rosenberg Way will connect lands from the east to the west and will complete the intended road network for this portion of the Rosenberg community. Regional Official Plan The subject lands are within the Urban Designated Greenfield Area established in the Regional Official Plan. The ROP requires that areas serving primarily a residential function will meet or exceed a minimum density of 55 residents and jobs combined per hectare on lands not subject to a plan of subdivision application as of June 16, 2006. The ROP policies require new communities to have sidewalks, community trails and bicycle pathways that provide linkages within the neighbourhood and to other neighbourhoods, transit stops, employment areas, school sites, food destinations, and community facilities. Regional Planning have provided comment on the proposed application, but overall have no objections to the proposed applications. This future neighbourhood will contribute to the completion of the Rosenberg community. The City's Development Manual will ensure that the lands are appropriately developed to City and Regional standards. Official Plan The vision of the City's Official Plan states "Together we will build an innovative, vibrant, attractive, safe, complete and healthy community contributing to an exceptional quality of life." 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. Housing Policy 4.1.1 states a housing objective of the City 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. Policy 4.C.1.12 notes 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.1.1 states that the City will maintain at all times the ability to accommodate residential growth for a minimum of ten years through residential intensification and redevelopment and, if necessary, lands which are designated and available for residential development. The proposed land use designations and proposed zoning permit a range of housing options throughout the community. Page 124 of 441 Rosenberg Secondary Plan Community structure elements and land use designations have been approved for these lands in the Rosenberg Secondary Plan, which is still part of the City's 1994 Official Plan. Rosenberg is a planned complete community where people can walk or cycle to school, shop, and work. This neighbourhood follows the "five-minute walk principle" design and has been designed to be connected to the surrounding area, including the communities to the east which are approved and under construction, and the lands to the west which have been approved in 2022. Community Structure The proposed applications conform to the objectives of the community structure elements in the Rosenberg Secondary Plan. Non-residential uses are clustered at the centre of the neighbourhood, meaning that this focal point (neighbourhood park and schools) is within a 5 minute walk to residents in the community. Rosenberg Way and Amand Drive are planned to maximize the streetscape and are prioritized over other local streets. Built form and active uses will frame these streets to support active transportation including walking and cycling. In addition to the centrally located neighbourhood park, an Urban Green, open space, and woodland areas are located at the south of the subdivision with planned walking trails. Parks and Open Space A neighbourhood park and an urban green are planned and required in accordance with the provisions of the Planning Act and the City's Parkland Dedication Policy. As per Policy 13.10.2.2.2.2.2, this neighbourhood will include a neighbourhood park which will be centrally located generally within the 5 minute walk model, in addition to the urban green. In addition to the proposed public park areas, private amenity/recreation space will be provided through the site plan approval process for the multiple dwelling blocks, in accordance with the guidelines in the City's Urban Design Manual. Additionally, the City will be dedicated Open Space lands that do not count towards the required parkland dedication land area calculations. Policy 13.10.2.8.2.12 states that potential Multi -use Pathways/Trails are conceptually shown on Map 22c) Transportation Networks and final alignments will be subject to further technical review and may change without an amendment to the Secondary Plan. Policy 13.10.3.5.1.2 permits minor changes to the size and location of Neighbourhood Parks without an amendment to the Secondary Plan. Further, Policy 13.10.3.5.2.1 states that the specific size, location and design of Urban Greens will be further defined at the development application stage and minor changes to the size and location may be permitted without an amendment to this plan. Page 125 of 441 Built Form and Streetscapes A variety of built form typologies are planned for this community, including single detached, townhouses, back-to-back townhouses, and multiple dwellings. Amand Drive is a gateway into the community and will be framed with built form that will collectively establish a sense of place and neighbourhood character. Further careful consideration of the streetscape will be undertaken for each street fronting townhouse, multiple dwelling, mixed-use, and institutional block at the site planning stage to ensure the built form and streetscape envisioned for Rosenberg is realized in this neighbourhood. Policy 13.10.2.8.2.6 states that an East-West Major Collector Road that is parallel to Bleams Road be provided (Rosenberg Way). Transportation Choice Neighbourhoods in Rosenberg are planned to promote walkability, to create efficient and interconnected circulation routes, to achieve transit -supportive development, and to provide for a transportation network that is based on a modified grid pattern with short walkable blocks within 450 metres of transit service. Communities' design must have consideration of all forms of travel including walking, cycling, public transit and the automobile. To support active transportation, non-residential uses must be appropriately located so that automobile reliance is not necessary to meet the recreational, shopping or employment needs of daily life of the residents of the Rosenberg Community. Further, cycling and pedestrian systems must be well integrated with the existing trail network outside of the community. Rosenberg Way, and Amand Drive have been identified as potential transit routes. As such, the majority of multi -residential, park, and institutional uses have been planned to front these streets to provide easy access to the public transportation system. Rosenberg Way is planned as a secondary bike route and primary priority street. Trail and walkway blocks are located through the community to support the modified grid street pattern to reduce travel time for pedestrian and active transportation modes. Proposed Zoning By-law Amendment The Zoning By-law Amendment proposes to establish specific development standards to a portion of the lands within the draft approved subdivision. The proposed site-specific development standards will be implemented in the form of establishing new Special Regulation Provisions in the current Zoning By-law 85-1. The development standard match and align with similar provisions that exist within the zoning on the lands to the west, subdivisions 30T-18201 and 30T-18202, also owned by the applicant. Special Regulations Provisions are also requested for porch locations, setbacks, parking spaces, heights, Floor Space Ratio (FSR), garage facades, driveway locations, among others. Page 126 of 441 Planning staff are recommending the following zoning for the subject lands as follows: ES' r l l A 01513 RE ES. -5 ' 130) RES (27T) �Ia7f BYLAW SUBJECT AREA(S) --- --' (2$OI A-1 AGRICULTURAL ZONE CU _ - R 6 1-1 NEIGHBOURHOOD INSTITUTIONAL AMENDMENT TO BY-LAYW85-1 IN AREA 5 715R, 671 R 6721 ZONE AREA 1 - FROM RESIDENTIAL SIX ZONE (R£) WITH 24H.SR 674R 1-2 COMMUNITY INSTITUTIONAL ZONE SPECIAL USE PROVISION 473U AND SPECIAL RES -6; r A-1 1191 MU -1 LOW INTENSITY MIXED USE REGULATION PROVISION 5978 (344) '- _ 69U 11 CORRIDOR ZONE TO RESIDENTIAL SIX ZONE (R-6) WITH SPECIAL - ARtA- L r4 1-1464 P-1 PUBLIC PARK ZONE USE PROVISION 487U AND SPECIAL 81 H, 24HSR P-2 OPEN SPACE ZONE AREA 2 TION PROVISIONS 5971, 8088 r + _ P-3 HAZARD LAND ZONE FROM RES] DENTAL SEVEN ZONE {R-7) WITH p� AREAS •'i R-0RESIDENTIAL FOUR ZONE SPERCIAL REGULATION PROVISIONS 748RAND y �y ! R-6 REST DENTIAL SIX ZONE r AREA$-- . TO RESIDENTIAL SEVEN ZONE (R-7) WITH j AREd _ �.._ R-7 RESIDENTIAL SEVEN ZONE BY_AW2079-051 SPECIAL USE PROVISION 487U AND SPECIAL REGULATION PROVISIONS 597R, 80M P-15971 i J 7OSR-2OPEN AREA'- SPACE: GREENWAYS ZONE AREA 3- FROM COMMUNITY INSTITUTIONAL ZONE (1-2) r _ �r I ' WITH SPECIAL USE PROVISION 478U AND 4 fly OSR-3OPEN SPACE: STORMWATER 0 SPECIAL REGULATION PROVISION 5978 r+ i' r' AREA `1�' + MANAGMENTZONE TO COMMUNITY dNSTITUTIONALZONE(42)WITH wl 1191,. i E� i ZONNE LOW RISE RESIDENTIAL FOUR SPECIAL USE PROVISION 478U AND SPECIAL REGULATION PROVISIONS 597R, 8108 +i Sr �U - U 0 - + I RES -5 LOW RISE RESI DENTAL FIVE FROM RESIDENTIAL SIX ZONE (R£) WITH _- r 1-15978 'j',R,'EA ZONE SPECIAL REGULATION PROVISION5748R,5978 O5R-3 I 4740 '' RES -6 MEDIUM RISE RESIDENTIALSIX TO RESIDE NTIAL SIX ZONE (R-6) WITH SPECIAL r - P-3 597R ZONE • 7 1-� REGULATION PROVISIONS 597R, 811 R AREA5- _ FROM MIXED USE CORRIDOR ZONE (MU -1) WITH }�__ _ y SCH UAE•64 SPECIAL REGULATION PROVISIONS 7478, 5978 TO MIXED USE CORRIDOR ZONE (MU -1) WITH i lyy UtE 63 -- _ AREA 4 SPECIAL USE PROVISION 487U AND SPECIAL REGULATION PROVISIONS 597R, 8128 RE W AREA6- °4 10 ry y FROM RESIDENTIAL FOUR ZONE (R-4) WITH tra Uo4 4�; ) i i P-1 4", y �'�% N SPECIAL REGULATION PROVISION 5978 y$Ii y,yti 4 'i TO RESIDE NTIAL SIX. ZONE (R-6) WITH SPECIAL I IM"_r�67 9 1�4 ' •yy USE PROVISION 487U AND SPECIAL REGULATION PROVISIONS 597R, 8088 i 4pr� i�+ y y '� y icwi+u yn` P-2597R*yv' TST AREA7- { y +r+ r y t FROM RESIDENTIAL SIX ZONE (R£) WITH A�r4 REJ1 r' SPECIAL REGULATION PROVISIONS 7488, 5978 TO RESIDENTIAL SIX ZONE (R-6) WITH SPECIAL A-11 y 4 a ry i �y 4 y1N e `-74REA ¢ r r USE PROVISION 487U AND SPECIAL REGULATION PROVISIONS 597R, 8088 w ZONE GRID REFERENCE P-3 SCHEDULE NO. 50, 63 AND 64 A_7 TI T OFAPPENDIX'A' ' •' I morn KITCHENER ZONING BY-LAW 85-1 AND 2019-051 ZONE LIMITS �P NO. ZONING BY-LAW AMENDMENT ZBA221047/WIES 0 50 100 METRE' KITCHENER GREEN DEVELOPMENTS OFFICIAL PLAN AMENDMENT N/A INC SCALE 1:6,DQU City of Kitchener OEVEL✓JPME T SER',ICES DEPARTMENT, PLANNING FILE: zeoasm � rves_r;.aF r .one 86 G EHL PL DATE: FEBRUARY '13, 2024 Figure 3: Proposed Zoning Map Area 1 From Residential Six Zone (R-6) with Special Use Provision 473U and Special Regulation Provision 597R to Residential Six Zone (R-6) with Special Use Provision 487U, Special Regulation Provision 597R, and Special Regulation Provisions 808R. Area 2 From Residential Seven Zone (R-7) with Special Regulation Provisions 748R and 597R, to Residential Seven Zone (R-7) with Special Use Provision 487U, Special Regulation 597R, and Special Regulation Provision 809R. Area 3 From Community Institutional Zone (1-2) with Special Use Provision 478U and Special Regulation Provision 597R to Community Institutional Zone (1-2) with Special Use Provision 478U, Special Regulation Provision 597R, and Special Regulation Provision 81 OR. Area 4 From Residential Six Zone (R-6) with Special Regulation Provision 748R and 597R to Residential Six Zone (R-6) with Special Regulation Provision 597R and Special Regulation Provision 811 R. Page 127 of 441 Area 5 From Mixed Use Corridor Zone (MU -1) with Special Regulation Provisions 747R and 597R to Mixed Use Corridor Zone (MU -1) with Special Use Provision 487U, Special Regulation Provision 597R and Special Regulation Provision 812R. Area 6 From Residential Four Zone (R-4) with Special Regulation Provision 597R to Residential Six Zone (R-6) with Special Use Provision 487U, Special Regulation Provision 597R, and Special Regulation Provision 808R. Area 7 From Residential Six Zone (R-6) with Special Regulation Provisions 748R and 597R to Residential Six Zone (R-6) with Special Use Provision 487U, Special Regulation Provision 597 R and Special Regulation Provision 808R. Special Use Provision 487U permits "live -work townhouse" units on the subject lands. Special Regulation Provision 597R prohibits geothermal wells to protect sensitive groundwater areas. Special Regulation Provisions 808-812R create site-specific development standards including terrace and porch projections, lot width, building height, yard setbacks, lot coverage, etc. Staff have considered the proposed Special Use and Special Regulation Provisions and are of the opinion that they are appropriate for the draft approved plan of subdivision. Department and Agency Comments: Circulation of the Zoning By-law Amendment Application was undertaken in December 2023 to all applicable City departments and other review authorities. 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 Amendment Application: Civil Engineering Opinion Letter Prepared by: MTE Consultants, October 25, 2023 Planning Summary Letter Prepared by: SGL Planning and Design Inc., October 27, 2023 Draft Zoning By-law Amendment and Zoning Map Prepared by: SGL Planning and Design Inc., December 13, 2023 Page 128 of 441 Min. rA.IR t A in A Im Li 01 The City received 1 written comment A City -led Neighbourhood Meetings held on January 18, 2024, and approximately 10 different users logged on 611 households (occupants and property owners) were circulated and notified Community Input & Staff Responses Staff received one written response from a resident with respect to the proposed development (Attachment `D'). A Neighbourhood Meeting was held on January 18, 2024. A summary of what we heard, and staff responses are noted below. What We Heard Staff Comment What is the timing for the The applicant responded that there is still likely 2 years development of the homes? of civil engineering work- installing services such as water pipes and stormwater management infrastructure, as well as constructing new roads. Therefore homes would likely not be built for 2.5-3 years. There is limited capacity for RBJ Schlegel Park is a new park space and provides recreation programs in the area, recreation programs for this area in southwest his will increase the issue. Kitchener. A neighbourhood park is included within this proposed subdivision. Page 129 of 441 Planning Conclusions In considering the foregoing, staff are supportive of the proposed Zoning By-law Amendment to permit 186 Gehl Place to be developed with low to medium density uses within the draft approved subdivision. 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. It is recommended that the application be approved. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget - 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, for applications received after July 1, 2023. A decision must be made by Council prior to March 14, 2024, or the Planning Division must issue an application fee refund of $12,800.00, being 50% of the $25,600.00 Major Zoning By-law Amendment Application fee. The Planning Division does not have a funding source or budget for refunding planning application fees Page 130 of 441 COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Council / Committee meeting. A large notice sign was posted on the property and information regarding the application was posted to the City's website in December 2023. Following the initial circulation referenced below, an additional postcard advising of the statutory public meeting was circulated to all residents and property owners within 240 metres of the subject lands. Notice of the Statutory Public Meeting was also posted in The Record on February 2, 2024. (a copy of the Notice may be found in Attachment `B'). CONSULT — The proposed Zoning By-law Amendment Application was circulated to residents and property owners within 240 metres of the subject lands on December 20, 2023. Staff received one written response from a member of the public. PREVIOUS REPORTS/AUTHORITIES: • Planning Act, R.S.O. 1990, c. P.13 • Growth Plan, 2020 • Provincial Policy Statement, 2020 • Region of Waterloo Official Plan • City of Kitchener Official Plan, 1994 • City of Kitchener Zoning By-law 85-1 REVIEWED BY: Malone -Wright, Tina -Manager, Development Approvals APPROVED BY: Readman, Justin - General Manager, Development Services ATTACHMENTS: Attachment A - Proposed By-law and Map No. 1 Attachment B - Newspaper Notice Attachment C - Department and Agency Comments Attachment D - Neighbourhood Comments Page 131 of 441 PROPOSED BY-LAW BY-LAW NO. OF THE CORPORATION OF THE CITY OF KITCHENER (Being a by-law to amend Zoning By-law No. 85-1, as amended, known as the Zoning By-law of the City of Kitchener, 186 Gehl Place) WHEREAS it is deemed expedient to amend Zoning By-law 85-1: NOW THEREFORE the Council of The Corporation of the City of Kitchener enacts as follows: Zoning Grid Schedule Numbers 50, 63 and 64 of Appendix "A" to By-law Number 85-1 are hereby amended by adding thereto the lands specified and illustrated as Areas 1, 2, 3, 4 and 5 on Map No. 1, in the City of Kitchener, attached hereto. 2. Schedule Numbers 50, 63 and 64 of Appendix "A" to By-law Number 85-1 are hereby amended by changing the zoning applicable to the parcels of land specified and illustrated as Area 1 on Map No. 1, attached hereto from Residential Six Zone (R-6) with Special Use Provision 473U and Special Regulation Provision 597R to Residential Six Zone (R-6) Zone with Special Use Provision (487U), Special Regulation Provision 597R, and Special Regulation Provision 808R. 3. Schedule Number 64 of Appendix "A" to By-law Number 85-1 are hereby amended by changing the zoning applicable to the parcels of land specified and illustrated as Area 2 on Map No. 1, attached hereto from Residential Seven Zone (R-7) with Special Regulation Provisions 748R and 597R to Residential Seven Zone (R-7) with Special Use Provision (487U), Special Regulation Provision 597R, and Special Regulation Provision (809R). 4. Schedule Numbers 64 of Appendix "A" to By-law Number 85-1 are hereby amended by changing the zoning applicable to the parcels of land specified and illustrated as Area 3 on Map No. 1, attached hereto from Community Institutional Zone (1-2) with Special Use Provision 478U and Special Regulation Provision 597R to Community Institutional Zone (1-2) with Special Use Provision 478U, Special Regulation Provision 597R, and Special Regulation Provision (810R). 5. Schedule Numbers 63 and 64 of Appendix "A" to By -Law Number 85-1 are hereby amended by changing the zoning applicable to the parcel of land specified and illustrated as Area 4 on Map No. 1, attached hereto from Residential Six Zone (R- 6) with Special Regulation Provisions 748R and 597R to Residential Six Zone (R- 6) with Special Regulation Provision (811 R), and Special Regulation Provision 597R. Page 132 of 441 6. Schedule Numbers 50 and 64 of Appendix "A" to By -Law Number 85-1 are hereby amended by changing the zoning applicable to the parcel of land specified and illustrated as Area 5 on Map No. 1, attached hereto from Mixed Use Corridor Zone (MU -1) with Special Regulation Provisions 747R and 597R to Mixed Use Corridor Zone (MU -1) with Special Use Provision (478U), Special Regulation Provision 597R, and Special Regulation Provision (812R). 7. Schedule Numbers 63 and 64 of Appendix "A" to By-law Number 85-1 are hereby amended by changing the zoning applicable to the parcels of land specified and illustrated as Area 6 on Map No. 1, attached hereto from Residential Four Zone (R-4) with Special Regulation Provision 597R to Residential Six Zone (R-6) Zone with Special Use Provision (487U), Special Regulation Provision 597R and Special Regulation Provision (808R). 8. Schedule Numbers 63 and 64 of Appendix "A" to By-law Number 85-1 are hereby amended by changing the zoning applicable to the parcels of land specified and illustrated as Area 7 on Map No. 1, attached hereto from Residential Six Zone (R- 6) with Special Regulation Provisions 748R and 597R to Residential Six Zone (R- 6) Zone with Special Use Provision 487U, Special Regulation Provision 597R, and Special Regulation Provision (808R) 9. Appendix "C" to By-law 85-1 is hereby further amended by adding Section 487U thereto as follows: 487U. Notwithstanding Section 40, 41 and Section 53 of this By-law within lands zoned Residential Six Zone (R-6) and shown as Area 1 on Map 1, lands zoned Residential Seven Zone (R-7) and shown as Area 2 on Map 1 and land zoned Mixed Use Corridor Zone (MU -1) and shown as Area 5 on Map 1, the following uses are permitted: Dwelling, Live —Work Townhouse "Dwelling, Live -Work Townhouse" means a Townhouse dwelling unit with dedicated non-residential ground floor uses. 10. Notwithstanding Section 40, Section 41 and Section 53 to By-law 85-1, Appendix "D" is hereby amended within lands zoned Residential Six (R-6) and shown as Area 1 on Map 1 by adding the following Special Regulations Section (808R) thereto as follows: "Bay/Boxout Window Projections" means a building projection with windows and/or door, with or without a foundation. iii. Stairs and access ramp may be permitted in the front yard or exterior side yard provided the minimum setback to the stair Page 133 of 441 and access ramp encroachment is 0.6 metres from the street line. iv. Terraces, porches, balconies and decks may be located within a required front yard or exterior side yard, provided the terrace, porch or deck is set back a minimum of 2.0 metres from the front lot line and a minimum of 1.5 meters from the side yard lot line abutting a street, whether covered or not covered, and provided they are not enclosed and do not exceed 1.2 meters in height above finished grade level. V. Covered porches that are open on the first floor with or without railings and with or without living space above may encroach into the driveway visibility triangle to a maximum of 2.5 metres. vi. On a cornerlot, an access driveway shall not be located closer than 4.5 metres to the intersection of street lines abutting the lot and shall permit the parking of motor vehicles. vii. "Bay/Boxout Window Projections" may encroach a maximum of 1.0 metre into a required front yard, exterior side yard and/or rear yard, provided that the building projection is not more than 4.0 metres wide. viii) The following regulations shall apply for Single Detached Dwelling and Single Detached Dwelling with an Attached Dwelling Unit: a. The minimum comer lot width shall be 12.0 metres. b. The minimum lot width shall be 8.5 metres. c. The minimum exterior side yard shall be 3.0 metres. d. The minimum front yard shall be 3.5 metres. e. The minimum rear yard shall be 7.0 metres. f. The minimum rear yard shall be 3.0 metres for corner lot for a Single Detached Dwelling with one or two Attached Page 134 of 441 Dwelling Units provided that not less than 50% of the corner lot is a minimum of 7.0 metres. g. The minimum side yard shall be 0.6 metres on one side and 1.2 metres on the other. h. Porches may encroach into the side yard provided the minimum setback to side lot line is 0.6 metres. i. The maximum building height shall be 14.0 metres. j. The maximum lot coverage shall be a total of 60 percent, of which the habitable portion of the dwelling units shall not exceed 55 percent and the accessory buildings or structures, whether attached or detached, shall not exceed 15 percent. ix) The following regulations shall apply for Semi -Detached Dwellings: a. The minimum exterior side yard shall be 3.0 metres. b. The minimum front yard shall be 3.5 metres. c. The minimum rear yard shall be 7.0 metres. d. The maximum building height shall be 14.0 meters. e. The maximum gross lot coverage shall be 65 percent, of which the habitable portion of the dwelling unit shall not exceed 55 percent and the accessory buildings or structures, whether attached or detached, shall not exceed 15 percent. x) The following regulations shall apply for Street Townhouse Dwellings: a. The minimum corner lot width shall be 9.0 metres. b. The minimum exterior side yard shall be 3.0 metres. c. The minimum front yard shall be of 3.5 metres. d. The minimum interior side yard shall be 0.6 metres. Page 135 of 441 e. The minimum rear yard shall be 7.0 metres for each townhouse dwelling. f. The maximum building height shall be 14.0 meters. g. The maximum lot coverage for Street Townhouse Dwellings shall be 65 percent, of which the habitable portion of the dwelling unit shall not exceed 55 percent and the accessory buildings or structures, whether attached or detached, shall not exceed 15 percent. h. The maximum number of attached units for Townhouse Dwellings shall be 8 dwelling units." 11. Appendix "D" to By-law 85-1 is hereby amended within lands zoned Residential Seven (R-7) and shown as Area 2 by adding the following Special Regulations Section (809R) thereto as follows: i. "Bay/Boxout Window Projections" means a building projection with windows and/or door, with or without a foundation. ii. Stairs and access ramp may be permitted in the front yard or exterior side yard provided the minimum setback to the stair and access ramp encroachment is 0.6 metres from the street line. iii. Terraces, porches, balconies and decks may be located within a required front yard or exterior side yard, provided the terrace, porch or deck is set back a minimum of 2.0 metres from the front lot line and a minimum of 1.5 meters from the side yard lot line abutting a street, whether covered or not covered, and provided they are not enclosed and do not exceed 1.2 meters in height above finished grade level. iv. "Bay/Boxout Window Projections" may encroach a maximum of 1.0 metre into a required front yard, exterior side yard Page 136 of 441 and/or rear yard, provided that the building projection is not more than 4.0 metres wide. V. For Townhouse Dwelling and Cluster Townhouse Dwelling: a. The minimum setback to any street line shall be 3.0 metres. b. The minimum side yard and rear yard setback of 3.0 metres. c. The maximum building height shall be 14.0 metres. d. The minimum landscaped area shall be 15%. e. The minimum floorspace ratio of 0.5. vi. For Multiple Dwelling: a. The minimum setback to any street line shall be 3.0 metres. b. The minimum side yard and rear yard setback of 3.0 metres. c. The minimum landscaped area shall be 15%. d. The minimum Floor Space Ratio shall be 0.5. e. An exclusive use Private Patio Area shall not be required adjacent to each dwelling unit located at ground floor level. f. The minimum off-street parking shall be 1.0 space per dwelling unit. g. The minimum off-street visitor parking shall be 0.1 spaces per dwelling unit. h. One bicycle parking stall shall be provided for each 5 units. Bicycle stalls shall have a minimum length of 1.8 metres and a minimum width of 0.6 metres. 12. Appendix "D" to By-law 85-1 is hereby amended within lands zoned Community Institutional Zone (1-2) and shown as Area 3 on Map 1 by adding the following Special Regulations Section (810R) thereto as follows: Page 137 of 441 i. Stairs and access ramp may be permitted in the front yard or exterior side yard provided the minimum setback to the stair and access ramp encroachment is 0.6 metres from the street line. ii. Terraces, porches, balconies and decks may be located within a required front yard or exterior side yard, provided the terrace, porch or deck is set back a minimum of 2.0 metres from the front lot line and a minimum of 1.5 meters from the side yard lot line abutting a street, whether covered or not covered, and provided they are not enclosed and do not exceed 1.2 meters in height above finished grade level. iii. "Bay/Boxout Window Projections" may encroach a maximum of 1.0 metre into a required front yard, exterior side yard and/or rear yard, provided that the building projection is not more than 4.0 metres wide. iv. For Townhouse Dwelling and Cluster Townhouse Dwelling: a. The minimum setback to any street line shall be 3.0 metres. b. The minimum side yard and rear yard setback of 3.0 metres. c. The maximum building height shall be 14.0 metres. d. The minimum landscaped area shall be 15%. e. The minimum floorspace ratio of 0.5. V. For Multiple Dwelling: a. The minimum setback to any street line shall be 3.0 metres. b. The minimum side yard and rear yard setback of 3.0 metres. c. The minimum landscaped area shall be 15%. Page 138 of 441 d. The minimum Floor Space Ratio shall be 0.5. e. An exclusive use Private Patio Area shall not be required adjacent to each dwelling unit located at ground floor level. f. The minimum off-street parking shall be 1.0 space per dwelling unit. g. The minimum off-street visitor parking shall be 0.1 spaces per dwelling unit. h. One bicycle parking stall shall be provided for each 5 units. Bicycle stalls shall have a minimum length of 1.8 metres and a minimum width of 0.6 metres. 13. Appendix "D" to By-law 85-1 is hereby amended within lands zoned Residential Six (R-6) and shown as Area 4 on Map 1 by adding the following Special Regulations Section (811 R) thereto as follows: Stairs and access ramp may be permitted in the front yard or exteriorside yard provided the minimum setback to the stair and access ramp encroachment is 0.6 metres from the street line. ii. Terraces, porches, balconies and decks may be located within a required front yard or exterior side yard, provided the terrace, porch or deck is set back a minimum of 2.0 metres from the front lot line and a minimum of 1.5 meters from the side yard lot line abutting a street, whether covered or not covered, and provided they are not enclosed and do not exceed 1.2 meters in height above finished grade level. iii. "Bay/Boxout Window Projections" may encroach a maximum of 1.0 metre into a required front yard, exterior side yard and/or rear yard, provided that the building projection is not more than 4.0 metres wide. Page 139 of 441 iv. For Townhouse Dwelling and Cluster Townhouse Dwelling: a. The minimum setback to any street line shall be 3.0 metres. b. The minimum side yard and rear yard setback of 3.0 metres. c. The maximum building height shall be 14.0 metres. d. The minimum landscaped area shall be 15%. e. The minimum floorspace ratio of 0.5. V. For Multiple Dwelling: a. The minimum setback to any street line shall be 3.0 metres. b. The minimum side yard and rear yard setback of 3.0 metres. c. The minimum landscaped area shall be 15%. d. The minimum Floor Space Ratio shall be 0.5. e. An exclusive use Private Patio Area shall not be required adjacent to each dwelling unit located at ground floor level. f. The minimum off-street parking shall be 1.0 space per dwelling unit. g. The minimum off-street visitor parking shall be 0.1 spaces per dwelling unit. h. One bicycle parking stall shall be provided for each 5 units. Bicycle stalls shall have a minimum length of 1.8 metres and a minimum width of 0.6 metres. 14. Appendix "D" to By-law 85-1 is hereby amended within lands zoned Mixed Use Corridor Zone (MU -1) and shown as Area 5 on Map 1 by adding the following Special Regulations Section (812R) thereto as follows: i. "Bay/Boxout Window Projections" means a building projection with windows and/or door, with or without a foundation. Page 140 of 441 ii. Stairs and access ramp may be permitted in the front yard or exterior side yard provided the minimum setback to the stair and access ramp encroachment is 0.6 metres from the street line. iii. Terraces, porches, balconies and decks may be located within a required front yard or exterior side yard, provided the terrace, porch or deck is set back a minimum of 2.0 metres from the front lot line and a minimum of 1.5 meters from the side yard lot line abutting a street, whether covered or not covered, and provided they are not enclosed and do not exceed 1.2 meters in height above finished grade level. iv. "Bay/Boxout Window Projections" may encroach a maximum of 1.0 metre into a required front yard, exterior side yard and/or rear yard, provided that the building projection is not more than 4.0 metres wide. V. The Minimum setback from Bleams Roads shall be 3.0 metres and shall be developed in accordance with mitigation measures recommended in the approved Noise Study as part of the Plan of Subdivision approval for the lands, but such mitigation measures shall not include noise walls or berms. vi. For Townhouse Dwelling and Cluster Townhouse Dwelling: a. The minimum setback to any street line shall be 3.0 metres. b. The minimum side yard and rear yard setback of 3.0 metres. c. The maximum building height shall be 14.0 metres. d. The minimum landscaped area shall be 15%. e. The minimum floorspace ratio of 0.5. Page 141 of 441 V. For Multiple Dwelling: a. The minimum setback to any street line shall be 3.0 metres. b. The minimum side yard and rear yard setback of 3.0 metres. c. The minimum landscaped area shall be 15%. d. The minimum Floor Space Ratio shall be 0.5. e. An exclusive use Private Patio Area shall not be required adjacent to each dwelling unit located at ground floor level. f. The minimum off-street parking shall be 1.0 space per dwelling unit. g. The minimum off-street visitor parking shall be 0.1 spaces per dwelling unit. h. One bicycle parking stall shall be provided for each 5 units. Bicycle stalls shall have a minimum length of 1.8 metres and a minimum width of 0.6 metres. i. The maximum building height will be 16.5 metres (5 storeys) j. The minimum ground floor street line fagade width as a percentage of the abutting street shall be 20%. PASSED at the Council Chambers in the City of Kitchener this day of 2024. 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A L�#---J Plan of Subdivision A� © md sa (a 0 Draft Site 1 Parking Approved Specific Space per Subdivision Yard Setbacks Unit Have Your Voice Heard! Planning & Strategic Initiatives Committee Date: February26, 2024 Location: Council Chambers, Kitchener City Hall 200 King Street West orVirtual Zoom Meeting Go to kitchener.ca/meetings and select: • Current agendas and reports (posted 10 days before meeting) • Appear as a delegation • Watch a meeting To learn more about this project, including information on your appeal rights, visit: www.kitchener.ca/ PlanningApplications or contact: Eric Schneider, Senior Planner eric.schneider@kitchener.ca 519.741.2200 x7843 The City of Kitchener will consider an application for a Zoning By-law Amendment to facilitate a minor modification to Draft Approved Plan of Subdivision 30T-14201. This application would establish site-specific development standards for the draft approved blocks within the subdivision. Page 144 of 441 City of Kitchener Zone Change / Official Plan Amendment Comment Form Address: 186 Gehl PI Owner: Kitchener Green Developments Inc. (Mattamy Homes) Application: ZBA23/038/G/ES Comments Of: Environmental Planning Commenter's Name: Barbara Steiner Email: Barba ra.Steiner@kitchener.ca Phone: 519-741-2200 X7293 Date of Comments: 29 Jan 2024 ❑ 1 plan to attend the meeting (questions/concerns/comments for discussion) M No meeting to be held ❑ 1 do NOT plan to attend the meeting (no concerns) Documents Reviewed: I have reviewed the documentation submitted in support of a ZBA to remove the lands from Zoning By-law 85-1 and bring the lands into Zoning By-law 2019-051 with some site-specific provisions. I have also reviewed the historic, supporting Scoped Environmental Impact Study (EIS) (MMM/WSP, October 2014) and Addenda 1 (MMM/WSP, December 2015) and 2 (MMM/WSP, February 2017). Comments Ideally, the zoning for the setback to the Core Environmental Feature (ESPA, Williamsburg Woods) in Block 13, Stage 1 should be zoned NHC-1, the same as the feature itself. This should correspond to the area shown as a 20m setback from the surveyed woodland limit on Draft Plan 30T-14201 (MHBC, 11 December 2019). This could be corrected now and lot/Block line adjustments made (modification to DP) to add the setback area to Block 16 (Open Space Woodland), and ultimately conveyed into City ownership in the fullness of time. Otherwise, a Conservation Easement will be required. If the above is not done and in light of LPAT decision LPAT-PL171483, the proposed zoning shown on the zone area map and detailed on the draft zoning bylaw is acceptable to City Environmental Planning. Other mitigations will therefore be required as noted. Further comments in this regard will be made during the circulation for the modification to Draft Plan approval, the design of the subdivision, and/or any applications for Site Plan approval. The special provision prohibiting geothermal wells should be carried forward. A City for Everyone Working Together — Growing Thoughtfully — Building Community PRMB445 of 441 Internal memo Development Services Department Date: January 04, 2024 To: Eric Schneider From: Jason Bru16 Subject: Zoning By-law Amendment Application Kitchener Green Developments Inc. 186 Gehl Place, Kitchener ZBA 23/038/G/ES www.kitchener.ca The below comments have been prepared through the review of the supplied Opinion Letter dated October 25, 2023 prepared by MTE Consultants Inc.; in support of the above noted application. General Comments: 1 Engineering needs more information with respect to the servicing to be able to support the application. Sanitary: ?. Please submit a traditional sanitary sizing design sheet with both the previously accepted flows for the subdivision at the time of draft plan and current detailed design confirming that the statement suggesting flows leaving this site are not increasing Water (Angela Mick, Kitchener Utilities): 3 Please see the comments provided for the 1 st engineering submission of the subdivision as they are relevant to this application (attached). Storm and Stormwater Management: 4. Please submit a storm sizing design sheet to confirm the opinion expressed in the letter. 5. Please provide summary evidence that the SWM ponds and associated infrastructure can accommodate the change as noted in the Opinion Letter. Jason Brule, C.E.T. Engineering Technologist Page 146 of 441 November 22, 2023 Re: 186 Gehl Place Subdivision First Submission Comments The following are the first submission comments pertaining to the above: • The pressure zone divide between zone 5 and zone 6 at the western end of the subdivision needs to be identified on the drawings (location to be confirmed via the grading plans). It may be that the divide is where the subdivision ends on the west side but that needs to be confirmed. On a pressure zone divide there should be a hydrant in zone 6, isolation valve, hydrant in zone 5 for future flushing of the dead ends. I'd like a drawing showing the proposed pressure zone divide • In general there should be valves between the hydrants. I've identified a few but all should be reviewed. • PP1.1. Rosenberg — see the first bullet regarding the pressure zone divide • PP1.1. missing valves between hydrants • PP1.3 missing valves between hydrants • PP2.1 Amand — want a valve at Bleams — tapping would be preferred. Have you been in discussion with the Region regarding the Bleams Road reconstruction in this area? Will the Region be installing the watermain within the Regional right-of-way • PP2.1 missing valves between hydrants • PP2.2 Cross to service blocks 276 and 277. I would prefer to see separate tees with valves at the main. We don't typically use crosses for services • PP4.1 Eskerwood Way — see the first bullet regarding the pressure zone divide • PP8.1 Stamson St — see the first bullet regarding the pressure zone divide Regards, Angela Mick, P.Eng. Manager — Quality Management & Water Programs Owned & Operatedyy the City of Kitchener 1`I I( Page 147 of 441 KITCHENER UTILITIES Kitchener iTtYl><t><es Kitchener Operations Facility 131 Goodrich Drive Commu %Owned (orouer100Yeanr6 Kitchener, ON N2C 2E8 Telephone: 519-741-2600 x4408 Angela Mick, P.Eng. Fax: 519-741-2638 Manager — Quality Management & Water Programs TTY:1-866.969-9994 angela.mick@kitchener.ca Website: www.kitchenerutilities.ca November 22, 2023 Re: 186 Gehl Place Subdivision First Submission Comments The following are the first submission comments pertaining to the above: • The pressure zone divide between zone 5 and zone 6 at the western end of the subdivision needs to be identified on the drawings (location to be confirmed via the grading plans). It may be that the divide is where the subdivision ends on the west side but that needs to be confirmed. On a pressure zone divide there should be a hydrant in zone 6, isolation valve, hydrant in zone 5 for future flushing of the dead ends. I'd like a drawing showing the proposed pressure zone divide • In general there should be valves between the hydrants. I've identified a few but all should be reviewed. • PP1.1. Rosenberg — see the first bullet regarding the pressure zone divide • PP1.1. missing valves between hydrants • PP1.3 missing valves between hydrants • PP2.1 Amand — want a valve at Bleams — tapping would be preferred. Have you been in discussion with the Region regarding the Bleams Road reconstruction in this area? Will the Region be installing the watermain within the Regional right-of-way • PP2.1 missing valves between hydrants • PP2.2 Cross to service blocks 276 and 277. I would prefer to see separate tees with valves at the main. We don't typically use crosses for services • PP4.1 Eskerwood Way — see the first bullet regarding the pressure zone divide • PP8.1 Stamson St — see the first bullet regarding the pressure zone divide Regards, Angela Mick, P.Eng. Manager — Quality Management & Water Programs Owned & Operatedyy the City of Kitchener 1`I I( Page 147 of 441 Internal memo Development Services Department Date: February 12, 2024 To: Eric Schneider From: Jason Brule Subject: Zoning By-law Amendment Application Kitchener Green Developments Inc. 186 Gehl Place, Kitchener ZBA 23/038/G/ES r www.kitchener.ca The below comments have been prepared through the review of the supplied Opinion Letter dated October 25, 2023 and the updated Opinion Letter dated February 09, 2024 prepared by MTE Consultants Inc.; in support of the above noted application. General Comments: 1. Engineering is in support of the zoning by-law amendment application. Sanitary: 2. No further comments. Water (Angela Mick, Kitchener Utilities): 3. No further comments. Storm and Stormwater Management: 4. No further comments. �Qan� Is�Qe Jason Brule, C.E.T. Engineering Technologist Page 148 of 441 Good Morning Eric, Enova Power Corp. has no concerns with the zoning amendment for 186 Gehl Place. The developer has approached Enova and we are working with them to start a design for the electrical distribution to service this subdivision. Regards, Ricardo Ruiz (he/him) C.E.T. I Distribution Design Supervisor Office Number: 519-745-4771 Ext. 6304 Mobile Number: 519-497-6221 ricardo. ru iz(d,)en ovapower. com www.enovapower.com Page 149 of 441 City of Kitchener Application Type: Zoning By-law Amendment ZBA23/038/G/ES Project Address: 186 Gehl Place (30T-14201) Amanda: 23-129008 Comments of: Transportation Services Commenter's name: Dave Seller Email: dave.seller@kitchener.ca Phone: 519-741-2200 ext. 7369 Date of comments: January 15, 2024 a. An opportunity is being provided to City Departments and Agencies to make comment on a Zoning By-law Amendment (ZBA) for lands contained within draft approved Plan of Subdivision 30T-14201. The applicant is requesting reduced residential and visitor parking rates offered in the 2019-051 zoning compared to the current 85-1 zoning. Transportation Services are of the opinion that this parking rate reduction must be accompanied by improved alternatives to single occupant vehicles and will require all streets in Plan of Subdivision 30T-14201 to follow Complete Streets cross- sections as a condition of Transportations Services approval of the ZBA. Complete Streets cross- sections are included in the Development Manual, updated in 2022 to address the reduced parking rates in 2019-051 by improving active transportation, traffic calming and access to public transit. Notwithstanding the Local Planning Appeal Tribunal decision of February 14, 2020 to amend Zoning By-law No. 85-1, that the following condition be included. 2.2.22a The SUBDIVIDER agrees that prior to servicing or registration, whichever occurs first, to submit a functional design for the implementation of Complete Streets and on -street parking for the entire road network, in accordance with the lotting plan and On -Street Parking Plan, to the satisfaction of the CITY'S Director of Engineering Services in consultation with the CITY'S Director of Transportation Services. Dave Seller, C.E.T. Traffic Planning Analyst I Transportation Services I City of Kitchener 519-741-2200 ext. 7369 1 TTY 1-866-969-9994 1 dave.seller(aD_kitchener.ca Page 150 of 441 Good Afternoon Eric, 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 and the Waterloo Catholic District School Board reach an agreement regarding the supply and erection of a sign (at the developer's expense and according to the Board's specifications) affixed to the development sign advising prospective residents about schools in the area. A sign specifications document can be found at the bottom of the board's planning department web page (https://www.wcdsb.ca/about-us/cs/plannin��). C) That the developer shall include the following wording in the subdivision agreement 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 (STS WR), 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 Page 151 of 441 PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, 8th Floor Kitchener ON N26 U Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www.regionofwaterloo.ca File: C14-60/23038 February 12, 2024 Eric Schneider, MCIP, RPP Senior Planner Community Services Department City Hall P.O. Box 1118 200 King Street West Kitchener, ON, N2G 4G7 (VIA EMAIL) Dear Mr. Schneider, Re: Post Circulation Comments ZBA 23/038/G/ES (X -Ref Subdivision 30T-14201) Kitchener Green Developments Inc. 186 Gehl Place CITY OF KITCHENER Regional staff has reviewed the above -noted zone change application to remove the lands from Zoning By-law 85-1 and bring the lands into Zoning By-law 2019-051 with some site-specific provisions for reduced yard setback and parking. The lands are contained within draft approved Plan of Subdivision 30T-14201. Water Services Water Services Engineering and Planning staff has no concerns. Hydrogeology and Water Programs Water Services Hydrogeology and Water Programs staff has no concerns. Staff notes geothermal wells are not permitted on the subject lands. Special Regulation Provision 597R (prohibit geothermal wells) as it applied in Zoning By-law 85-1 continues to apply to the current zoning by-law amendment on the subject lands. Housing Housing Services staff has no concerns. Document Number: 4598365 Version: 1 Page 152 of 441 Archaeology Cultural Heritage Planning staff has no concerns at this time. Archaeological resource interests have been previously addressed. Record of Site Condition A Record of Site Condition is required due to former uses on this site. This is being addressed through conditions of draft approval on the plan of subdivision approval associated with development of the lands (re. Region DA Condition 3.51). Environmental Planning Environmental Planning staff has no concerns with the application, assuming the limits of the proposed Natural Heritage Conservation (NHC) zoning is consistent with the LPAT Decision of February 14, 2020 on the lands. Noise Study Corridor Planning staff has reviewed the report entitled "186 Gehl Place Subdivision (30T-14201), Environmental Noise Assessment", dated November 3, 2023, prepared by MTE Consultants Incorporated and provide the following comments. Staff concurs with the conclusions and recommendations of the Report. Implementation of the noise mitigation measures will be secured as conditions of draft approval for the subdivision (via agreement with the City of Kitchener and the Region as necessary). Traffic Road Noise The report indicates that the sources of noises are Regional Road #56 (Bleams Road), Amand Drive and Rosenberg Way. The report indicates that the acoustical impacts are above acceptable levels and mitigation, including noise barrier(s), provision for air conditioning and noise warning clauses are required for some dwelling units to ensure noise levels do not exceed acceptable levels noted in NPC -300 and NPC -216. The report indicates that a 15.Om long 1.8m high acoustic barrier is required for the side yard of Lot 58 (adjacent Rosenberg Way). The barrier is to be located 0.3m inside private property. The report notes that none of the dwelling units will require special building components. The report notes that an Environmental Noise Assessment is to be conducted during the Site Plan Approval (SPA) process, for the multi -residential blocks. The multi - residential blocks to be assessed during their respective SPA process are Blocks 275, 276, 279 and 284. Document Number: 4598365 Version: 1 Page 153 of 441 Stationary Boise Section 4.3 of the report (stationary noise analysis) is acceptable. It recognizes the aggregate license(s) will be surrendered and the subject and adjacent lands will be rehabilitated as plans of subdivision. As a result, stationary noise from aggregate operations is not expected. 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 January 24, 2024. In summary, Regional staff has no objection to the continued processing of the application. If you have any question, please do not hesitate to give me a call. Yours truly, Shilling Yip, MCIP, RPP Senior Planner cc. Trevor Kearns / Michael O'Donnell, Mattamy Homes Document Number: 4598365 Version: 1 Page 154 of 441 City of Kitchener Zone Change / Official Plan Amendment Comment Form Address: 186 Gehl PI Owner: Mattamy Homes Application: ZBA23/038/G/ES Comments Of: Park Planning Commenter's Name: Lenore Ross Email: Lenore. ross@kitchener.ca Phone: 519-741-2200 ext 7427 Date of Comments: Jan 15 2024 ❑ 1 plan to attend the meeting (questions/concerns/comments for discussion) ® No meeting to be held ❑ 1 do NOT plan to attend the meeting (no concerns) 1. Documents Reviewed: I have reviewed the documentation noted below submitted in support of a ZBA to remove the lands from Zoning By-law 85-1 and bring the lands into Zoning By-law 2019-051 with some site- specific provisions for reduced yard setback and parking. • Zoning By-law Amendment Application Form • Planning Summary Letter • Draft Zoning By-law Amendment and Map • Civil Engineering Letter The proposed zoning shown on the zone area map and detailed on the draft zoning bylaw is acceptable to Parks and Cemeteries. I would note, however that I have some concerns and questions regarding the corresponding land use and consistency of linework relative to the proposed zoning and Blocks/uses shown in the red -lined Draft Plan of Subdivision — specifically around the southwest corner of the lands. The trail connection from Gehl Place to the proposed development west of these lands will connect at the NHC limits. . acT-ANO 48 i -. r _ T STREET AD A City for Everyone Working Together — Growing Thoughtfully — Building Community Plagleol 55 of 441 City of Kitchener Zone Change / Official Plan Amendment Comment Form Area 5 is noted as NHC-1 in the proposed ZBA and Block 14 in the redline Draft Plan is slightly larger than on the OLT DP and now extends into the former Block 4 (now Block 8) and is noted in the redline DP as Open Space and does not match the proposed zone map Block 15 on the redline DP is noted as Open Space / Trails and is mostly within the Area 5 is noted as NHC-1 in the proposed ZBA A City for Everyone Working Together— Growing Thoughtfully— Building Community PRog7aoI36 of 441 O'$nda Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N 1 R 5W6 Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca ,x P`�o January 26, 2023 via email Eric Schneider, MCIP, RPP, Senior Planner Planning Division, City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Eric Schneider, Re; Zoning By-law Amendment Application ZBA23/038/G/ES 186 Gehl Place (30T-14201), City of Kitchener Kitchener Green Developments Inc. Grand River Conservation Authority (GRCA) staff has reviewed the above -noted application to amend the provisions to the approved By -Law to Implement the Rosenberg Secondary plan policies and to be consistent with the approved zoning By -Law on the adjacent lands. Recommendation The GRCA has no objection to the approval of the proposed zoning by-law amendment. The GRCA has not provided clearance of draft plan conditions for registration at this time. Documents Reviewed by Staff Staff have reviewed the following documents submitted with this application, received by GRCA staff December 20, 2023: Planning Summary letter, prepared by SGL Planning & Design Inc., dated October 27, 2023. - Civil engineering opinion letter, prepared by MTE Consultants, dated October 25, 2023. GRCA Comments GRCA has reviewed this application under the Mandatory Programs and Services Regulation (O.R. 686/21), including acting on behalf of the Province regarding natural hazards identified in Section 3.1 of the Provincial Policy Statement (PPS, 2020), as a regulatory authority under Ontario Regulation 150/06 and as a public body under the Planning Act as per our CA Board approved policies. Information currently available at our office indicates that the subject land contains a wetland and the regulated allowance to the wetland. As such, GRCA regulates a portion of the property under Ontario Regulation 150/06 (Development, Interference with Wetlands and Alterations to Shorelines and Watercourses Regulation). Any future development within the regulated area requires the prior issuance of a permit from GRCA under Ontario Regulation 150/06. The GRCA has no objection to the approval of the proposed zoning by-law amendment. The applicant has submitted updated engineering drawings and reports for clearance of Draft Plan Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities ( The Grand - A Canadian Heritage River Page 157 of 441 conditions for registration. The GRCA is reviewing this submission and will provide comments to the applicant under separate cover. The plan review fee for GRCA's review of this zoning by-law amendment application is waived Please be advised that on January 1, 2023, a new Minister's regulation (Ontario Regulation 596/22: Prescribed Acts — Subsections 21.1.1 (1.1) and 21.1.2 (1.1) of the Conservation Authorities Act) came into effect. As a result, non -mandatory technical review services that the GRCA formerly provided under agreement with some municipalities (e.g., technical reviews related to natural heritage and select aspects of stormwater management) will no longer be provided. Should you have any questions, please contact the undersigned at cfosterpengelly@grand river. ca or 519-621-2763 extension 2319. Sincerely, V.-4, Chris Faster -Pe Illy, M.Sc. Assistant Supervisor of Resource Planning Engineering and Planning Services Enclosed: GRCA map of property Copy: David Riley, SGL Planning and Design Inc., applicant (via email) Page 158 of 441 N W � 0 v d U N Y O a m C7 tm 5gm.sir t ag.ti L Q U r- y ai m U a a m o Q n U n o o c � (B J Q y d X d ami CJ ° t >. O W U) Q OC p o aai aai c m o� (Y a n c 7n m m a� m Q c o_ - (a m m O 1,26 o W W` - U mNN N'p WWQ(n �(nOOOH 4,gym a` J$°E'S X a 0 4 0 o as as �ma m ��seom a. I ci 15 2. CL y 9 r L r � o � - v `-r r v a 0 v n m �i Z U n Eric Schneider From: Sent: To: Subject: You don't often get email fron Hi Eric, Raj Dhaliwal Saturday, February 10, 2024 10:37 AM Eric Schneider 186 gehl place development why this is ImPOEIant Its really nice that you guys are developing kitchener but the infrastructure can't handle all this development. I've been living in kitchener for close to 35 years and my kids can't even get into swimming or other events as they are always packed within few hours of opening. Its nice that its developed but what are you guys doing to help the infrastructure. am against all this development as there are massive lines for anything like service canada or getting license renewals or any events for kids. I've spent my whole life here and my kids can't even go to swimming or soccer as it fills up so quick. These are not being addressed. Thanks, Raj Page 160 of 441