HomeMy WebLinkAboutDSD-2024-203 - Zoning By-law Amendment Application ZBA24/006/W/ES - 115-131 Whitney Place - Hilts Auto Inc.Staff Report
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Development Services Department www.kitchener.ca
REPORT TO: Planning and Strategic Initiatives Committee
DATE OF MEETING: May 13, 2024
SUBMITTED BY: Garett Stevenson, Director of Development and Housing
Approvals, 519-741-2200 ext. 7070
PREPARED BY: Eric Schneider, Senior Planner, 519-741-2200 ext. 7843
WARD(S) INVOLVED: Ward 9
DATE OF REPORT: April 15, 2024
REPORT NO.: DSD -2024-203
SUBJECT: Zoning By-law Amendment Application ZBA24/006/W/ES
115-131 Whitney Place
Hilts Auto Inc.
RECOMMENDATION:
That Zoning By-law Amendment Application ZBA24/006/W/ES (Hilts Auto Inc.)
requesting to amend Zoning By-law 85-1, for the purpose of changing the zoning
of a portion of the subject property (115-131 Whitney Place) from Existing Use
Zone (E-1) to Existing Use Zone (E-1) with Special Use Provision 488U specified
and illustrated as the `Subject Area' on Map No. 1, be approved in the form shown
in the "Proposed By-law" attached to the Report DSD -2024-203 as Attachment
'Al'; and,
That Zoning By-law Amendment Application ZBA24/006M/ES (Hilts Auto Inc)
requesting to amend Zoning By-law 2019-051, for the purpose of changing the
zoning of a portion of the subject property (115-131 Whitney Place) from Existing
Use Floodplain Zone (EUF-1) to Existing Use Floodplain Zone (EUF-1) with Site
Specific Provision 394 specified and illustrated as the `Subject Area' on Map No.
1, be approved in the form shown in the "Proposed By-law" attached to the
Report DSD -2024-203 as Attachment `A2'; and further,
That the Proposed By-law to amend Zoning By-law 2019-051, as amended, shall
have no force and effect against the subject lands until the date that By-law 2024-
064 (Growing Together Secondary Plans, Non-PMTSAs) is in full force and effect.
REPORT HIGHLIGHTS:
• The purpose of this report is to seek Council's approval of a Zoning By-law
Amendment Application to add the use "Automotive Detailing and Repair Operation" to
the rear portion of the lands municipally known as 115-131 Whitney Place.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Page 60 of 83
There are no financial implications associated with the Zoning By-law amendment
application.
Community engagement included notification that was advertised in The Record on
April 26, 2024, in accordance with Council Policy MUN-PLA-1170.
This report supports the delivery of core services.
BACKGROUND:
Hilts Auto Inc has submitted a Zoning By-law Amendment Application to permit the use of
"Automotive Detailing and Repair Operation" on the subject lands. The property contains a
portion of lands at the rear of the site that is within a floodplain area and is zoned as
"existing use". Lands within floodplains are typically zoned "existing use" to recognize the
existing uses that have been legally established, but to limit the further development of the
land by prohibiting all other uses. However, Council policy MUN-PLA-1170 allows
landowners to make a Zoning By-law Amendment Application at no cost, to allow for a
change in use.
REPORT:
The subject lands municipally addressed as 115-131 Whitney Place are located on the
south side of Whitney Place between Peter Street and Cedar Street South. The lands
back onto Schneider Creek to the South. The surrounding land uses on the South side of
Whitney Place are primarily general industrial and commercial in nature. The rear portion
of the subject property is located within the floodway of Schneider Creek and is under
regulation of the Grand River Conservation Authority (GRCA).
The subject lands contain a one -storey building with historical industrial uses, including
long term use as the site of Ed Lau Ironworks. The property is split zoned, meaning there
are portions of the site with two different zones within the same zoning by-law. The
property is also subject to "dual testing", meaning there are currently two zoning by-laws in
effect on the lands as a result of the Council approval of Growing Together West
(OPA23/016/K/JZ) on March 18, 2024. Until the Official Plan Amendment is adopted by
the Region of Waterloo, the lands are subject to both Zoning By-law 85-1 and Zoning By-
law 2019-051, with the most stringent regulations being applied. The front portion of the
lands are zoned "General Industrial (M-2)" in Zoning By-law 85-1 and "General Industrial
Employment (EMP -2)" in Zoning By-law 2019-051. The rear of the site is zoned "Existing
Use (E-1)" in Zoning By-law 85-1 and "Existing Use Floodplain (EUF-1) in Zoning By-law
2019-051.
The intent of the Existing Use (E-1)/Existing Use Floodplain (EUF-1) Zone is to allow
existing uses to legally continue. Properties located within the E-1/EUF-1 zone that are
located within the flood plain and are proposing to change to a different use through a
zoning by-law amendment should be less sensitive uses or similar to uses that are
currently permitted.
Planning Analysis
The owner is proposing a Zoning By-law Amendment to allow the use "Automotive
Detailing and Repair Operation" on the portion of the subject property that is within the
floodplain. The proposed additional use is similar in nature to the historical use (light
industrial, warehouse) permitted on the subject property. There is no development,
expansion or modification being proposed to the existing building or property. The
Page 61 of 83
proposed use will not aggravate or pose a new risk associated with flooding to the
property, tenants or customers. The proposed use is permitted on the front portion of the
subject lands. The proposed use is appropriate for the subject property and are compatible
with the surrounding neighbourhood.
The Grand River Conservation Authority (GRCA) was directly involved in the review of this
application. The GRCA has indicated that they do not object to the proposed use of the
existing lands and buildings, as it would not present additional risk of impacting flood
flows.
Planning staff is of the opinion that the proposed zoning by-law amendment to add a
Special Use Provision/Site Specific Provision will benefit the subject property and
surrounding community. Allowing the requested use will permit the applicant to utilize the
entirety of the building and property for the automotive use desired. Allowing the requested
use is appropriate and compatible for the subject lands and surrounding neighbourhood.
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:
d) The conservation of features of significant architectural, cultural, historical,
archaeological or scientific interest;
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;
i) The adequate provision and distribution of educational, health, social, cultural and
recreational facilities;
j) The adequate provision of a full range of housing, including affordable housing;
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;
These matters of provincial interest are addressed and are implemented through the
Provincial Policy Statement, 2020. 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
Page 62 of 83
Provincial Planning Statement (PPS) which is in draft form and not in effect at the time this
report was prepared.
Provincial Policy Statement, 2020:
The Provincial Policy Statement (PPS) provides policy direction on matters of provincial
interest related to land use planning and development. Section 1.3 of the PPS promotes
economic development and competitiveness by providing for a diversified economic base,
including maintaining a range of choice of suitable sites for employment uses, and take
into account the needs of existing and future businesses.
Planning staff is of the opinion that the proposed application will facilitate the continued
use of the site as an employment use, and based on the foregoing, staff is of the opinion
that this proposal is in conformity with the PPS.
A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 (Growth
Plan):
The Growth Plan supports the development of complete and compact communities that
are designed to support healthy and active living, make efficient use of land and
infrastructure, provide for a range, and mix of housing types, jobs, and services, at
densities and in locations which support transit viability and active transportation.
Policy 2.2.5.1(x) states that municipalities will make more efficient use of existing
employment areas and vacant and underutilized employment lands and increasing
employment densities.
Policies 2.2.5.1(b) states that municipalities will ensure the availability of sufficient land, in
appropriate locations for a variety of employment to accommodate forecasted employment
growth.
Planning staff is of the opinion that the application conforms to the Growth Plan.
Regional Official Plan
The subject lands are designated as `Delineated Built Up Area' in the Regional Official
Plan. The Region of Waterloo advises that they do not have concerns with the proposed
Zoning By-law Amendment Application.
City of Kitchener Official Plan (OP)
The City of Kitchener OP provides the long-term land use vision for Kitchener. The vision
is further articulated and implemented through the guiding principles, goals, objectives,
and policies which are set out in the Plan. The Vision and Goals of the OP strive to build
an innovative, vibrant, attractive, safe, complete and healthy community.
The subject lands are split designated and are subject to dual testing in regards to Official
Plan Designation.
The lands are within the Mill Courtland Woodside Park Secondary Plan, and are split
designated `General Industrial' and `Open Space'.
Page 63 of 83
On March 18, 2024, Council approved the Growing Together land use mapping. The
subject lands are proposed to be split designated "General Industrial Employment" and
"Natural Heritage Conservation" with the approval of the OPA by the Region of Waterloo.
The subject area of amendment is within the "Open Space/Natural Heritage Conservation"
designated portion of the property. The intent of the designation is to not only recognize
municipal recreation areas but to recognize areas that are subject to GRCA regulation.
The subject property and surrounding area are built-up and consist of uses other than
outdoor recreation and natural areas. Policy 6.C.2.22 supports the consideration of
alternative uses on lands zoned `existing use' through a zoning by-law amendment,
provided that the subsequent uses are compatible with the surrounding land use
designations, no new dwelling units are created, the use presents less of a risk to life and
property in the event of flooding, and approval is received from the Grand River
Conservation Authority.
Planning Staff are of the opinion that application conforms to the Official Plan.
Department and Agency Comments:
Circulation of the Zoning By-law Amendment Application was undertaken in March 2024 to
all 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.
Planning Conclusions
In considering the foregoing, staff are supportive of the proposed Zoning By-law
Amendment to permit the use of "Automotive Detailing and Repair Operation" on the
subject lands. 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 — The recommendation has no impact on the Operating Budget.
COMMUNITY ENGAGEMENT:
INFORM — This report has been posted to the City's website with the agenda in advance
of the council / committee meeting. Notice of the Statutory Public Meeting was also posted
in The Record on April 26, 2024 (a copy of the Notice may be found in Attachment B).
PREVIOUS REPORTS/AUTHORITIES:
Planning Act, R.S.O. 1990, c. P.13
Page 64 of 83
• Growth Plan, 2020
• Provincial Policy Statement, 2020
• Region of Waterloo Official Plan
• City of Kitchener Official Plan, 1994, 2014
• City of Kitchener Zoning By-law 85-1/2019-051
REVIEWED BY: Malone -Wright, Tina —Manager, Development Approvals, Development
and Housing Approvals
APPROVED BY: Readman, Justin - General Manager, Development Services
ATTACHMENTS:
Attachment Al — Proposed Zoning By-law Amendment (85-1)
Attachment A2 — Proposed Zoning By-law Amendment (2019-051)
Attachment B — Newspaper Notice
Attachment C — Department and Agency Comments
Page 65 of 83
DSD -2024-203 Attachment "A1"
PROPOSED BY — LAW
, 2024
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 — Hilts Auto Inc.
— 115-131 Whitney Place)
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 Numbers 86 and 119 of Appendix "A" to By-law Number 85-1 are s 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 Existing Use Zone (E-1) to Existing
Use Zone (E-1) with Special Use Provision 488U.
2. Appendix `C' of By-law 85-1 is hereby amended by adding Section 488U as follows:
"488. Notwithstanding Section 48 of this By-law, the following use shall be permitted:
a) Sale, Rental, Service, Storage or Repair of Motor Vehicles, Major
Recreational Equipment and Parts and Accessories for Motor Vehicles or
Major Recreational Equipment"
PASSED at the Council Chambers in the City of Kitchener this day of
, 2024.
Mayor
Clerk
Page 66 of 83
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DSD -2024-203 Attachment "A2"
PROPOSED BY — LAW
, 2024
BY-LAW NUMBER
OF THE
CORPORATION OF THE CITY OF KITCHENER
(Being a by-law to amend By-law 2019-051, as amended, known
as the Zoning By-law for the City of Kitchener — Hilts Auto Inc.
— 115-131 Whitney Place)
WHEREAS it is deemed expedient to amend By-law 2019-051 for the lands specified above;
NOW THEREFORE the Council of the Corporation of the City of Kitchener enacts as
follows:
1. Zoning Grid Schedule Numbers 86 and 119 of Appendix "A" to By-law Number 2019-051 are
hereby amended by changing the zoning applicable to the parcel of land specified and illustrated
as Area 1 on Map No. 1, in the City of Kitchener, attached hereto, from Existing Use Floodplain
(EUF-1) to Existing Use Floodplain (EUF-1) with Site Specific Provision (394).
2. Section 19 of By-law 2019-051 is hereby amended by adding Section 19 (394) thereto as
follows:
"394. Notwithstanding Table 14-1 of this By-law within the lands zoned EUF-1 and shown
as affected by this subsection on Zoning Grid Schedule Number 86 of Appendix `A',
the following use shall be permitted:
a) Automotive Detailing and Repair Operation."
3. This amending By-law shall come into force on the day that By-law 2024-064 (Growing
Together Secondary Plans, Non-PMTSAs) as it applies to the subject lands comes into
effect.
PASSED at the Council Chambers in the City of Kitchener this day of
'2024.
Mayor
Clerk
Page 68 of 83
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NOTICE OF PUBLIC MEETING f
for a development in your neighbourhood
115 Whitney Place XIL KiTcrr> R
Ari�,
@ a
IMP
Automotive
Detailing
and Repair
Have Your Voice Heard!
Planning & Strategic Initiatives Committee
Date: May 13, 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 to permit the use of the existing
building for "Automotive Detailing and Repair Operation".
Page 70 of 83
Transportation Services have no concerns with this application.
Dave Seller, C.E.T.
Traffic Planning Analyst Transportation Services I City of Kitchener
519-741-2200 ext. 7369 TTY 1-866-969-9994 1 dave.sellerCcDkitchener.ca
Page 71 of 83
Hi Eric,
Engineering has no concerns with the proposed ZBA.
Thanks,
Christine Goulet, C.E.T.
Project Manager I Development Engineering
519-741-2200 Ext. 7820
Page 72 of 83
Hi Eric,
Heritage planning staff have no issues or concerns with this application.
Kind Regards,
Deeksha Choudhry, MSc., BES
Heritage Planner I Development and Housing Approvals Division I City of
Kitchener
200 King Street West, 6th Floor I P.O. Box m8 I Kitchener ON N2G 4G7
519-741-2200 ext. 7602
deeksha. choudhrv(&kitchener. ca
..�' - 0[Y,10 10
Page 73 of 83
City of Kitchener
Zone Change / Official Plan Amendment Comment Form
Address:
115 —125 Whitney Place
Owner:
Hilt's Auto Inc
Application:
Zoning By-law Amendment #ZBA24/006/W/ES
Comments Of:
Park Planning
Commenter's Name: Lenore Ross
Email: Lenore.ross@kitchener.ca
Phone: 519-741-2200 ext 7427
Date of Comments: April 08 2024
Site Specific Comments & Issues:
Park Planning has no significant concerns with the proposed Zoning Bylaw amendment and can provide
conditional support subject to the comments below.
• There is existing sanitary and storm infrastructure on or immediately adjacent these lands and this
infrastructure impacts the existing structures located on 125 Whitney Place. Easements do not appear
to be place and Development Engineering and Storm and Sanitary Utilities may request an easement
as a condition of approval.
• Parkland Dedication will be deferred at the Zoning Bylaw Amendment application and assessed at any
future required site plan application according to the Planning Act, Parkland Dedication By-law and
Parkland Dedication Policies in effect.
• There is treed vegetation at the rear of the site and any future development application should include
a Tree Protection and Enhancement Plan and Arborist Repot will be required as part of a complete
site plan application or building permit application.
Policies, Standards and Resources:
• Kitchener Official Plan
• City of Kitchener Park Dedication Bylaw and Park Dedication Policy
• City of Kitchener Development Manual
• Cycling and Trails Master Plan (2020)
• Chapter 690 of the current Property Maintenance By-law
• Places & Spaces: An Open Space Strategy for Kitchener
• Multi -Use Pathways & Trails Masterplan
• Urban Design Manual
A City for Everyone
Working Together — Growing Thoughtfully — Building Community
PageRadd 74 of 83
Hi Eric. Currently this property is serviced off a 32mm gas main on Whitney. Any changes to the existing
gas service should be requested through David Paetz and/or Michele Kamphuis via our on-line gas
application process. Charges may apply, including potentially upsizing the existing gas main.
Thanks, Sylvie (she/her)
519-498-9553
Page 75 of 83
Region of Waterloo
Eric Schneider, MCIP, RPP
Senior Planner
City of Kitchener
200 King Street West, 6th Floor
P.O. Box 1118, Kitchener, ON
N2G 4G7
Dear Mr. Schneider,
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
Community Planning
150 Frederick Street 8th Floor
Kitchener Ontario N26 4A Canada
Telephone: 519-575-4400
TTY: 519-575-4608
Fax: 519-575-4466
www. regionofwaterloo.ca
Melissa Mohr 1-226-752-8622
File: C14/2/24006
April 4, 2024
Re: Proposed Zoning By-law Amendment ZBA 24/06
115-125 Whitney Place
Dryden, Smith & Head Planning Consultants (C/O
Andrew Head) on behalf of Hilts Auto Inc. (C/O Mike
Hilts)
CITY OF KITCHENER
Dryden, Smith and Head has submitted a Zoning By-law Amendment to recognize an
existing use at 115-125 Whitney Place (subject lands) in the City of Kitchener.
The applicant is proposing to add a site-specific provision to permit Automotive Detailing
and Repair Operation in the Existing Use (E-1/Existing Use Floodplain (EUF-1) Zoned
portion of the property. The site contains an existing building historically used for
commercial/industrial land uses.
The subject lands are located in the Urban Area and designated Built Up Area on Map 2
of the Regional Official Plan. The subject lands are designated General Industrial (front
portion) and Open Space in the City of Kitchener Official Plan and Existing Use (E-1)
Zone in Zoning By-law 85-1 and is proposed to change to Existing Use Floodplain
(EUF-1) in Zoning By-law 2019-051.
The Region has had the opportunity to review the proposal and offers the following:
Document Number: 4645070 Version: 1
Page 76 of 83
Regional Comments
Consistency with Provincial Legislation and Regional Official Plan Conformity
The subject lands are designated "Urban Area" and "Delineated Built -Up Area" on Map
2 of the Regional Official Plan (ROP) and is designated General Industrial and Open
Space in the City of Kitchener Official Plan.
The Region directs the majority of growth to the Urban Growth Centers, Major Transit
Station Areas, Reurbanization Corridors, Major Local Nodes and Urban Designated
Greenfield Areas. These areas are planned to have a more compact form with a mix of
employment, housing, and services in close proximity of each other and higher
frequency transit. Regional staff acknowledge that the owner is recognizing the existing
industrial building on site. The building and industrial complex are within the Delineated
Built Up Area of the Region where the Region's goal is to transform existing
neighbourhoods into 15 -minute neighbourhoods with a broad mix of land uses are
supported to allow people to meet their daily needs for goods, services, and
employment within a 15 -minute trop by walking, cycling and rolling or by direct, frequent
and convenient transit.
In addition to the above, Regional staff acknowledge that the subject lands are
regulated by the Grand River Conservation Authority (GRCA) and the property is within
the two -zone floodplain where development may safely occur. In accordance with
Section 7.H.8 of the Regional Official Plan, development or site alteration may be
permitted in hazardous lands and hazardous sites where development or site alteration
is carried out in accordance with floodproofing standards, protection work standards and
access standards; vehicles and people have a way of safely entering and existing the
area during times of flooding, erosion or other emergencies; new hazards are not
created or existing hazards are not aggravated and no adverse environmental impacts
will result. Regional staff have no objection to the GRCA's approach to permit the
existing building so long as the building is not altered (e.g. demolish and reconstruct or
add to the building) and that no new buildings or structures shall be erected or altered
within the floodway (in accordance with the two -zone floodplain policies).
The Region wishes to advise the applicant of the following technical comments related
to the proposal:
Part 4 Area of the Clean Water Act
The subject lands are located within a Source Protection Area under the 2022 Grand
River Source Protection Plan where Risk Management Plan and Prohibition Policies
may apply; therefore, a Notice of Source Protection Plan Compliance (Valid Section 59
Notice) is required as part of a complete Zoning Bylaw Application; however please be
advised that the Region has not received a Valid Section 59 Notice as part of the
application.
Under the Grand River Source Protection Plan a Risk Management Plan for salt
application may be required for proposed and/or altered surface parking and vehicle
driveway areas greater than eight (8) parking spaces or 200 square metres. Design
Document Number: 4645070 Version: 1
Page 77 of 83
considerations with respect to salt management that will form the Risk Management
Plan include minimizing the transport of meltwater across the parking lots or driveways;
directing downspouts away from paved areas; locating snow storage areas on
impermeable (i.e. paved) surfaces that drain directly to catch basins.
In addition to the above, a Risk Management Plan for storm water management may be
required if any engineered and/or enhanced infiltration features are proposed. Please
note that this property is within a Chloride Issue Contributing Area, where Region of
Waterloo does not support any engineered and/or enhanced infiltration (e.g. ponds,
infiltration galleries, permeable pavers, ditches, swales, oil -grit separators, etc.) of runoff
originating from paved surfaces.
Please visit the Region's TAPS website here:(https://taps.regionofwaterloo.ca) to
determine all applicable Source Protection Plan requirements, and contact the Risk
Management Official (rmo(aD-regionofwaterloo.ca) if required. In addition, the applicant
should allow for sufficient time to negotiate the Risk Management Plan, as a Notice will
not be issued until a signed Risk Management Plan is complete.
Regional Cultural Heritage:
The subject lands possess the potential for the recovery of archaeological resources
due to the subject lands proximity to hydrology and historic landform, however, as the
subject lands have been developed between 1900-1960 and the site has been
disturbed, an Archaeological Assessment is not required.
The applicant is advised that if archaeological resources are discovered during future
development or site alteration of the subject property, the applicant will need to
immediately cease alteration/development and contact the Ministry of Citizenship and
Multiculturalism. If it is determined that additional investigation and reporting of the
archaeological resources is needed, a licensed archaeologist will be required to conduct
this field work in compliance with S. 48(a) of the Ontario Heritage Act.
In addition to the above, if human remains/or a grave site is discovered during
development or site alteration of the subject property, the applicant will need to
immediately cease alteration and must contact the proper authorities (police or coroner)
and the Registrar at the Bereavement Authority of Ontario in Compliance with the
Funeral, Burial and Cremation Services Act, 2002 S. 96 and associated Regulations.
Fees
By copy of this letter, the Region of Waterloo respectfully requests the Zoning By-law
Amendment Review fee of $3,000.00.
Follow Up
The Region shall require a copy of the Valid Section 59 Notice and the application fee of
$3,000.00 prior to a recommendation being made to City of Kitchener Council.
Document Number: 4645070 Version: 1
Page 78 of 83
Conclusions:
The Region has no objection to the proposal, subject to receipt of a Valid Section 59
Notice and the application review fee of $3,000.00.
Please be advised that any future development on the lands subject to the above -noted
application will be subject to the provisions of Regional Development Charge By-law 19-
037 or any successor thereof.
Further, please accept this letter as our request for a copy of the decision pertaining to
this application. Should you have any questions, please do not hesitate to contact me.
Yours truly,
Melissa Mohr, MCIP, RPP
Senior Planner
C. Hilts Auto Inc. — Mike Hilts (Owner)
Dryden, Smith & Head Planning Consultants —Andrew Head (Applicant)
Document Number: 4645070 Version: 1
Page 79 of 83
,and
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tion pv�ro�
April 2, 2024
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
Eric Schneider
Senior Planner
City of Kitchener
200 King Street West
Kitchener ON N2G 4V6
eric.schneiderC�kitchener.ca
Re: Zoning Bylaw Amendment ZBA24/006/W/ES
115-125 Whitney Place
Hilts Auto
Dear Mr. Schneider,
Grand River Conservation Authority (GRCA) staff have reviewed the above -noted
application to permit additional automotive uses on the property.
Recommendation
The GRCA does not object to using existing lands and buildings in principle. Additional
site-specific restrictions should be considered to balance use of the existing building
with GRCA and City flooding hazard policies.
Documents Reviewed by Staff
Staff have reviewed the site plan (dated February 8, 2024) submitted with this
application.
Page 1 of 3
Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand - A Canadian Heritage River
Page 80 of 83
GRCA Comments
The GRCA has reviewed this application under Ontario Regulation 686/21, acting on
behalf of the Province regarding natural hazards identified in Section 3.1 of the
Provincial Policy Statement (PPS, 2020), as well as in accordance with Ontario
Regulation 41/24 and GRCA's Board approved policies.
Information currently available at our office indicates that the subject lands are adjacent
to Schneider Creek and contain its floodplain. The floodplain is designated as a Two -
Zone Floodplain Policy Area, which separates the floodplain into the floodway (where
deeper and faster flows occur), and the flood fringe (where flows and velocities are less
severe). Provincial, GRCA and City floodplain policies significantly restrict development
in the former and are more permissible in the latter. Development in the floodway
presents a high risk of impacting flood flows, and therefore upstream and downstream
properties.
"Automotive Repair and Detailing Operation" uses are proposed in the floodway portion
of the floodplain, which coincides with the City's Existing Use (E-1) / Existing Use
Floodplain (EUF) zoning. The GRCA does not object to this use taking place in the
existing building, as this would not present additional risk of impacting flood flows.
The GRCA can support a site-specific change that does not allow alteration of the
existing building (e.g. reconstruction, additions, etc.). The City's EUF zoning states that
"No person shall... erect, alter or use any building or structure for any purpose other
than [existing uses]." Site-specific zoning should stipulate that no new buildings or
structures shall be erected or altered in the floodway, consistent with Provincial, City
and GRCA Two -Zone Floodplain policies.
Furthermore, while the GRCA does not object to parking operational vehicles in the
floodway, we would be concerned with the risk of outdoor storage (e.g. non -operational
vehicles, equipment, scrap, or shipping containers) or site grading occurring on
floodway portions of the property. We'd advise the City to consider additional site-
specific zoning restrictions to mitigate this risk, and prohibit site alteration and outdoor
storage in the floodway.
A proposal consistent with GRCA's comments will be considered a minor zoning
application. As per GRCA's 2024 approved fee schedule, we will invoice the applicant
$465 for our review.
Additional fees will be charged if additional risk is presented to the floodway, as this will
necessitate further staff time and analysis, and elevate this to a major zoning application
($2,500). Separate fees will apply to any required GRCA permits.
Page 2 of 3
Page 81 of 83
We trust this information is of assistance. If you have any questions or require
additional information, please contact me at 519-621-2761 ext. 2292 or
t h eywo od (a -)-g rand river. ca.
Sincerely,
Trevor Heywood
Resource Planner
Grand River Conservation Authority
Encl. Resource Mapping
cc: Andrew Head, Dryden Smith and Head
Page 3 of 3
Page 82 of 83
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