HomeMy WebLinkAboutDSD-2024-251 - Zoning By-law Amendment Application ZBA24/009/J/TS - 179 Jansen Avenue - 1000589420 Ontario Inc.Staff Report
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Development Services Department www.kitchener.ca
REPORT TO: Planning and Strategic Initiatives Committee
DATE OF MEETING: June 17, 2024
SUBMITTED BY: Garett Stevenson, Director, Development and Housing
Approvals, 519-741-2200 ext. 7070
PREPARED BY: Tim Seyler, Senior Planner, 519-741-2200 ext. 7860
WARD(S) INVOLVED: Ward 2
DATE OF REPORT: May 24, 2024
REPORT NO.: DSD -2024-251
SUBJECT: 179 Jansen Avenue
Zoning By-law Amendment Application ZBA24/009/J/TS
1000589420 Ontario Inc.
RECOMMENDATION:
That Zoning By-law Amendment Application ZBA24/009/J/TS requesting to amend
Zoning By-law 2019-051, for 100589420 Ontario Inc. be approved in the form shown
in the Proposed `Proposed By-law' and `Map No. 1' attached to Report DSD -2024-
251 as Attachment `A'.
REPORT HIGHLIGHTS:
The purpose of this report is to evaluate and provide a planning recommendation
regarding a Zoning By-law Amendment application for the property located at 179
Jansen Avenue.
It is Planning staff's recommendation that the Zoning By-law Amendment application
be approved. The proposed application represents an opportunity to provide `missing
middle' housing that addresses a need in our community.
Community engagement included:
o Circulation of a preliminary notice to residents and property owners within
240 metres of the subject site;
o Installation of a large billboard notice sign on the property,
o Follow up one-on-one correspondence with members of the public who
responded to the circulation or saw the billboard sign;
o Neighbourhood Meeting held on May 22, 2024;
o Notice advertising of the statutory public meeting was circulated to all
residents and property owners within 240 metres of the subject site, and
those who responded to the preliminary circulation, and
o Notice of the public meeting was published in The Record on May 31, 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 65 of 174
These applications were deemed complete on April 11, 2024. The Applicant can
appeal these applications for non -decision after July 10, 2024.
EXECUTIVE SUMMARY:
The owner of the subject lands addressed as 179 Jansen Avenue is proposing to change
the zoning from `RES -4' in Zoning By-law 2019-051 to `RES -5' with Site Specific Provision
403 to further regulate floor space ratio and prohibit geothermal wells. A holding provision
is also requested on the property for Regional documents for approval of a record of site
condition and a stationary noise study. Staff are recommending that the application be
approved.
BACKGROUND:
The City of Kitchener has received an application for a Zoning By-law Amendment from
1000589420 Ontario Inc. for a development concept that proposes a stacked townhouse
multiple dwelling building with fifty-six (56) residential units. The property is currently
undeveloped and vacant. There are no existing residential units on this site and it was a
former landfill. This development will remediate the site and in advance the applicant has
submitted a Phase I and Phase II Environmental Site Assessment which was reviewed by
staff.
The subject property is identified as `Community Area' on the City's Urban Structure (Map
2 - City of Kitchener Official Plan) and designated as `Low Rise Residential' (Map 3 - City
of Kitchener Official Plan).
Site Context
The subject lands are municipally addressed as 179 Jansen Avenue. The subject lands
are in close proximity to Fairway Road North and has frontage onto Jansen Avenue. The
lot area of the subject site is approximately 0.73 hectares, and the lot frontage is 20.1
metres. The lot currently is undeveloped and vacant. The surrounding neighbourhood
contains a mix of low-rise residential uses.
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Figure 1 - Location Map: 179 Jansen Avenue
Page 66 of 174
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Figure 2 — Entrance at 179 Jansen Avenue
Figure 3 — Vacant lot at 179 Jansen Avenue
REPORT:
The applicant is proposing to develop the property with a 56 -unit multiple dwelling in the
form of stacked townhouses. Sixty-seven (67) surface parking spaces, including eight (8)
Page 67 of 174
visitor parking spaces, three (3) barrier free parking spaces, and fifteen (15) future EV
parking spaces are proposed.
JANSEN AVENUE
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;
Page 68 of 174
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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;
Page 68 of 174
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:
The Provincial Policy Statement (PPS) provides policy direction on matters of provincial
interest related to land use planning and development. Section 1.4.3(b) of the PPS
promotes all types of residential intensification, and sets out a policy framework for
sustainable, healthy, liveable and safe communities. The PPS promotes efficient
development and land use patterns, as well as accommodating an appropriate mix of
affordable and market-based residential dwelling types with other land uses, while
supporting the environment, public health and safety. Provincial policies promote the
integration of land use planning, growth management, transit -supportive development,
intensification, and infrastructure planning to achieve cost-effective development patterns,
optimization of transit investments, and standards to minimize land consumption and
servicing costs.
To support provincial policies relating to the optimization of infrastructure, transit and
active transportation, the proposed zoning facilitates a compact form of development
which efficiently uses the lands, is in close proximity to transit options, and makes efficient
use of both existing roads and active transportation networks. The lands are serviced and
are in proximity to parks, trails and other community uses. Provincial policies are in
support of providing a broad range of housing.
Planning staff is of the opinion that the proposed application will facilitate the intensification
of the subject property with a low-rise development that is compatible with the surrounding
community, helps manage growth, is transit -supportive and will make use of the existing
infrastructure. No new public roads would be required for the proposed development and
Engineering staff have confirmed there is capacity in the sanitary sewer to permit
intensification on the subject lands.
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. Policies
Page 69 of 174
of the Growth Plan promote growth within strategic growth areas including community
areas, in order to provide a focus for investments in transit and other types of
infrastructure.
Policy 2.2.6.1(a) states that municipalities will support housing choice through the
achievement of the minimum intensification and density targets in this plan by identifying a
diverse range and mix of housing options and densities, including additional residential
units and affordable housing to meet projected needs of current and future residents.
Policies 2.2.1.4 states that complete communities will:
a) feature a diverse mix of land uses, including residential and employment uses, and
convenient access to local stores, services, and public service facilities;
b) improve social equity and overall quality of life, including human health, for people of
all ages, abilities, and incomes;
c) provide a diverse range and mix of housing options, including additional residential
units and affordable housing, to accommodate people at all stages of life, and to
accommodate the needs of all household sizes and incomes;
d) expand convenient access to:
i. a range of transportation options, including options for the safe, comfortable
and convenient use of active transportation;
ii. public service facilities, co -located and integrated in community hubs;
iii. an appropriate supply of safe, publicly -accessible open spaces, parks, trails,
and other recreational facilities; and
iv. healthy, local, and affordable food options, including through urban agriculture;
e) provide for a more compact built form and a vibrant public realm, including public
open spaces;
f) mitigate and adapt to the impacts of a changing climate, improve resilience and
reduce greenhouse gas emissions, and contribute to environmental sustainability;
and
g) integrate green infrastructure and appropriate low impact development.
The Growth Plan supports planning for a range and mix of housing options and higher
density housing options that can accommodate a range of household sizes in locations
that can provide access to transit and other amenities.
Planning staff is of the opinion that the applications conform to the Growth Plan.
Regional Official Plan (ROP):
The subject lands are designated "Urban Area" and "Built -Up Area" on Map 2 of the
Regional Official Plan (ROP) and is designated Low Rise Residential in the City of
Kitchener Official Plan.
Section 1.6 of the Regional Official Plan establishes the Regional Planning Framework
and Section 2.B.1 and 2.0 establish policies for the Urban System. Section 2.F of the
Regional Official Plan establishes policies for intensification targets within the Delineated
Built -Up Area, which is set at 60% annually for the City of Kitchener. Furthermore,
development in the Built Up Area is intended to provide gentle density and other missing
middle housing options that are designed in a manner that supports the achievement of
Page 70 of 174
15 -minute neighbourhoods. The proposed density will contribute to the achievement of
Kitchener's intensification target for the delineated Built Up Area of the City of Kitchener. In
addition, the applicant has proposed stacked townhouses throughout the development,
which is encouraged as a form of missing middle housing in the Delineated Built -Up Area
of the Region.
The Region of Waterloo have indicated they have no objections to the proposed
application, subject to the required holding provisions and prohibition of geothermal wells.
(Attachment `C'). Planning staff are of the opinion that the applications conform to the
Regional Official Plan.
City of Kitchener Official Plan (OP)
Urban Structure
The subject lands are identified as a `Community Areas' in the City's Urban Structure (Map
2). The planned function of Community Areas is to provide residential uses as well as non-
residential supporting uses intended to serve the immediate residential areas. Community
Areas may have limited intensification with development being sensitive and compatible with
the character, form, and planned function of the surrounding context.
Land Use Designation
The subject lands are designated `Low Rise Residential' in the City's Official Plan (Map 3).
Low Rise Residential areas are intended to accommodate a full range of low density
housing types including single detached, semi-detached, townhouse, and low-rise multiple
dwellings. The Low Rise Residential designation states that the City will encourage and
support the mixing and integrating of innovative and different forms of housing to achieve
and maintain a low-rise built form. Site specific increase to allow up to a maximum Floor
Space Ratio (FSR) of 0.75 may be permitted without an amendment to the Official Plan,
provided the development meets the general intent of Official Plan policies and is
compatible (Section 15.D.3.11).
Planning staff is of the opinion that the requested Zoning By-law Amendment will facilitate
a low rise housing form that conforms with the Low Rise Residential land use designation
in the City's Official Plan. The proposal provides an additional low density housing type
within the neighbourhood with a maximum FSR of 0.75.
Transportation
The City's Official Plan contains policies to develop, support, and maintain a complete,
convenient, accessible and integrated transportation system that incorporates active
transportation, public transit, and accommodates vehicular traffic.
In regard to alternate modes of transportation, objectives of the Official Plan include
promoting land use planning and development that is integrated and conducive to the
efficient and effective operation of public transit and encourages increased ridership of the
public transit system. The City shall promote and encourage walking and cycling as safe
and convenient modes of transportation.
The proposed development aims to increase density on an existing site that is served well
by public transit, with access to Grand River Transit Routes 1, 23 and iXpress Routes 206.
It is also within a 15 min walk to the Fairway Station ION stop. The proposed development
Page 71 of 174
is required to provide safe, secure indoor bicycle storage to encourage active
transportation. Staff is of the opinion that the requested Zoning By-law Amendment
conforms with the transportation policies of the City's Official Plan. Outdoor amenity space
will also be provided for the residents, and locations of bicycle spaces will be confirmed.
Urban Design
The City is committed to achieving a high standard of urban design, architecture and
place -making to positively contribute to quality of life, environmental viability and economic
vitality. Urban design is a vital component of city planning and goes beyond the visual and
aesthetic character of individual buildings and also considers the functionality and
compatibility of development as a means of strengthening complete communities.
Urban Design policies in the 2014 Official Plan support creating visually distinctive and
identifiable places, structures and spaces that contribute to a strong sense of place and
community pride, a distinct character and community focal points that promote and
recognize excellence and innovation in architecture, urban design, sustainable building
design and landscape design. The City requires high quality urban design in the review of
all development applications through the implementation of the policies of the Official Plan
and the City's Urban Design Manual.
The proposed development concept includes 3 storey buildings that are oriented
appropriately within the existing context of the neighbourhood. Pedestrian connectivity
throughout the site is provided through pedestrian walkways from the parking area to the
unit entrances. On-site amenity area is achieved through at grade passive amenity space
at the side of the building, as well as private unit balconies.
Housing
The City's primary objective with respect to housing in the Official Plan is to provide for an
appropriate range, variety and mix of housing types and styles, densities, tenure and
affordability to satisfy the varying housing needs of our community through all stages of
life. This low rise multiple dwelling proposal is a "missing middle" housing type and
provides an option that bridges the gap between high density residential towers and single
detached dwellings. The proposed housing type is an important segment in Kitchener's
housing continuum.
Policy 4.C.1.9. Residential intensification and/or redevelopment within existing
neighbourhoods will be designed to respect existing character. A high degree of sensitivity
to surrounding context is important in considering compatibility.
Policy 4.C.1.12. The City favours a land use pattern which mixes and disperses a full
range of housing types and styles both across the city as a whole and within
neighbourhoods.
Policy 4.C.1.22: The City will encourage the provision of a range of innovative housing
types and tenures such as rental housing, freehold ownership and condominium
ownership including common element condominium, phased condominium and vacant
land condominium, as a means of increasing housing choice and diversity.
Page 72 of 174
Based on the above housing policies, staff is of the opinion that the application conforms
to the Official Plan.
Proposed Zoning By-law Amendment:
The subject lands are currently zoned `Low Rise Residential Four Zone (RES -4)' in Zoning
By-law 2019-051.
The applicant has requested to change the zoning to `Low Rise Residential Five Zone
(RES -5)' and add a Site Specific Provision (403) and Holding Provision (86) in Zoning By-
law 2019-051. The requested change in zoning category is to permit the proposed use of a
"Multiple Dwelling" (greater than 4 units).
Site -Specific Provision (403)
a) The maximum floor space ratio shall be 0.75.
b) Geothermal Wells are prohibited on site.
Holding Provision (86) has also been added requiring the owner to complete: A Record of
Site Condition and a Stationary Noise study, to the satisfaction of the Region of Waterloo.
Floor Space Ratio:
The Floor Space Ratio (FSR) is to ensure compatibility with the surrounding
neighbourhood and to ensure development does not exceed the density presented in the
concept plans. The applicant has submitted a concept plan that has been initially reviewed
by Staff. Planning staff have no concerns with the increase in floor space ratio, and the
proposed development is compatible with the surrounding neighbourhood. A maximum
FSR is permitted in the Low Rise Residential land use designation which applied to the
subject and surrounding lands.
Proposed Zoning By-law Amendment Conclusions
Staff is of the opinion that the proposed Zoning By-law Amendment to change the zoning
of the subject lands to `RES -5' with Site Specific Provision (403), and Holding Provision
(86) represents good planning as it will facilitate the redevelopment of the lands with a 56 -
unit multiple dwelling in the form of stacked townhouses, which is compatible with the
existing neighbourhood, and is a good example of gentle intensification within a new infill
development. Staff are supportive of the proposed development and recommend that the
proposed Zoning By-law amendment be approved as shown in Attachment `A'.
Planning staff are of the opinion that the proposed Zoning By-law Amendment application
is consistent with policies of the Provincial Policy Statement, conforms to the Growth Plan
for the Greater Golden Horseshoe, the Regional Official Plan and the City of Kitchener
Official Plan, and represents good planning.
Department and Agency Comments:
Circulation of the Zoning By-law Amendment was undertaken in April to all applicable City
departments and other review authorities. No major concerns were identified by any
commenting City department or agency and any necessary revisions and updates were
made. Copies of the comments are found in Attachment "C" of this report.
Page 73 of 174
The following Reports and Studies were considered as part of this proposed Official Plan
Amendment and Zoning By-law Amendment:
Planning Justification Report
Prepared by: MHBC Planning Ltd., April 2024
Architectural Drawings
Prepared by: MHBC Planning Ltd., April 2024
Traffic Impact Brief and Parking Study
Prepared by: UrbanTrans Engineering Solutions Inc, March 14, 2024
Functional Servicing Report & Stormwater Management Report
Prepared by: MTE Consultants, March 27, 2024
Tree Preservation Plan
Prepared by: MHBC Planning Ltd, April 2018
Stationary Noise Study
Prepared by: Managed Intelligent Infrastructure Inc., March 18, 2024
Salt Management Plan
Prepared by: MHBC Planning Ltd., April 2, 2024
Phase I and Phase II Environmental Site Assessment
Prepared by: A&A Environmental Consultants Inc., March 14, 2024
WHAT WE HEARD
isFive (5) persons provided comments
A City -led Neighbourhood Meetings held on May 22, 2024 and
eleven (11) different users logged on
691 households (residents and property owners) were
circulated and notified
Staff received written responses from 5 residents with respect to the proposed
development. This is included in Attachment `D'. The residents were concerned with the
shadow impact, traffic, and garbage pick up for the proposal. A Neighbourhood Meeting
was held on May 22, 2024. A summary of what we heard, and staff responses are below.
What We Heard I Staff Comment
Page 74 of 174
Planning Conclusions:
In considering the foregoing, staff are supportive of the Zoning By-law Amendment. Staff is
of the opinion that the subject applications are consistent with policies of the Provincial
Policy Statement, conform to Growth Plan for the Greater Golden Horseshoe, the
Regional Official Plan, and the City of Kitchener Official Plan and represent good planning.
Staff recommends that the application be approved. The proposed application represents
an opportunity to provide an alternative housing form within an existing neighbourhood
that addresses a need in our community.
Page 75 of 174
A Parking Justification Report was not required
as part of the application as the proposed
development meets the requirements of the
Concerns that not enough parking is
Zoning By-law and provides additional parking
provided on site and within the
spaces above the minimum required. The
existing neighbourhood.
applicant is also proposing Class A and Class B
bicycle parking that provides an additional
transportation alternative which can reduce the
number of motor vehicles demand for residents
of the future development.
The proposed development does not exceed the
maximum height requirement of 11.0 metres (3
storeys), that is within the RES -5 zoning. There
will be minimal shadow impacts with this form of
Concerns the proposed
development. The maximum permitted height for
development will cast large shadows
the surrounding lands is also 11 metres. There
are sufficient setbacks around the perimeter of
the property, providing further separation and
reducing shadow impacts.
The applicant is providing an on-site centralized
waste and recycling deep well collection facility.
A truck turning template was required to be
submitted and was reviewed by City
Concerns over garbage pickup
Transportation Staff. There were no concerns
with the location of the waste and recycling area.
Further, garbage and recycling collection will be
private garbage pickup internal to the site.
A functional servicing and storm water
management report was submitted as part of a
complete application and was reviewed by City
and Regional Engineering staff. Staff have some
Concerns with the Grading
minor comments which can be revised at the time
of the site plan review. There are no concerns
with supporting the ZBA at this time. There is
currently limited grading on the current vacant
site and redevelopment will help prevent the
current ponding and issues on the site.
Planning Conclusions:
In considering the foregoing, staff are supportive of the Zoning By-law Amendment. Staff is
of the opinion that the subject applications are consistent with policies of the Provincial
Policy Statement, conform to Growth Plan for the Greater Golden Horseshoe, the
Regional Official Plan, and the City of Kitchener Official Plan and represent good planning.
Staff recommends that the application be approved. The proposed application represents
an opportunity to provide an alternative housing form within an existing neighbourhood
that addresses a need in our community.
Page 75 of 174
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 July 10, 2024 or the Planning Division
must issue an application fee refund of $13,312.00, being 50% of the $26,624.00 Major
Zoning By-law Amendment Application fee. The Planning Division does not have a funding
source or budget for refunding planning application fees.
COMMUNITY ENGAGEMENT:
INFORM — This report has been posted to the City's website with the agenda in advance
of the Council / Committee meeting. A large notice sign was posted on the property and
information regarding the application was posted to the City's website in early June.
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, those responding to the preliminary circulation and who
attended the Neighbourhood Meetings. Notice of the Statutory Public Meeting was also
posted in The Record on May 31, 2024 (a copy of the Notice may be found in Attachment
`B'
CONSULT — The proposed Zoning By-law Amendment was circulated to residents and
property owners within 240 metres of the subject lands on April 29, 2024. In response to
this circulation, staff received written responses from 5 members of the public, which were
summarized as part of this staff report. Planning staff also responded to emails from the
resident.
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, 2014
• City of Kitchener Zoning By-law 2019-051
REVIEWED BY: Malone -Wright, Tina —Manager, Development Approvals, Planning
Division
APPROVED BY: Readman, Justin - General Manager, Development Services
Page 76 of 174
ATTACHMENTS:
Attachment A —
Proposed Zoning By-law Amendment and Map 1
Attachment B —
Newspaper Notice
Attachment C
— Department and Agency Comments
Attachment D
— Public Comments
Page 77 of 174
follows:
DSD -2024-251 Attachment "A"
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
— 1000589420 Ontario Inc. — 179 Jansen Avenue)
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
Schedule Number 239 of Appendix "A" to By-law Number 2019-051 is hereby amended by
changing the zoning applicable to the parcel of land specified and illustrated as Area 1 on Map
No. 1, in the City of Kitchener, attached hereto, from Low Rise Residential Four Zone (RES -4)
to Low Rise Residential Five Zone (RES -5) with Site Specific Provision (403) and Holding
Provision (86).
2. Section 19 of By-law 2019-051 is hereby amended by adding Section 19 (403) thereto as
follows:
"403. Notwithstanding Table 7-6 of this By-law within the lands zoned Low Rise Residential
Five Zone (RES -5) and shown as affected by this subsection on Schedule Number
239 of Appendix `A', the following special regulations shall apply:
a) The maximum Floor Space Ratio shall be 0.75.
b) Geothermal wells are prohibited on site."
3. Section 20 of By-law 2019-051 is hereby amended by adding Holding Provision (86) thereto
as follows:
"(86). Notwithstanding Section 7 of this By-law within the lands zoned Low Rise Residential
Five Zone (RES -5) and shown as being affected by this subsection on Schedule
Number 239 of Appendix "A";
a) no residential redevelopment shall be permitted until such time as a Record of
Site Condition is submitted and approved to the satisfaction of the Ministry of the
Page 78 of 174
DSD -2024-251 Attachment "A"
Environment, Conservation and Parks or any successor Ministry ("MECP"). This
Holding Provision shall not be removed until the Region is in receipt of a letter
from the Ministry of the Environment, Conservation and Parks advising that a
Record of Site Condition has been completed to the satisfaction of the MECP.
b) A satisfactory detailed stationary noise study has been completed and
implementation measures addressed to the satisfaction of the Region. The
detailed stationary noise study shall review stationary noise sources in the
vicinity of the site, the potential impacts of noise (e.g. HVAC systems) on the on-
site sensitive points of reception and the impacts of the development on
adjacent noise sensitive uses."
PASSED at the Council Chambers in the City of Kitchener this day of
2024.
Mayor
Clerk
Page 79 of 174
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COM -1 LOCAL COMMERCIAL ZONE
COM -2 GENERAL COMMERCIAL ZONE
wlM.,
INS -1 NEIGHBOURHOOD INSTITUTIONAL ZONE
MIX -2 MIXED USE TWO ZONE
OSR-2 OPEN SPACE: GREENWAYS ZONE
RES -3 LOW RISE RESIDENTIAL THREE ZONE
RES -4 LOW RISE RESIDENTIAL FOUR ZONE
RES -5 LOW RISE RESIDENTIAL FIVE ZONE
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ZES-5 IN �1
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41
E — ZONE GRID REFERENCE
SCHEDULE NO. 239
�— OFAPPENDIX'A'
KITCHENER ZONING BY—LAW 85-1 AND 2019-051
R, A. ZONE LIMITS
REQ
ZONING BY-LAW AMENDMENT ZBA24/009/J/TS
OFFICIAL PLAN AMENDMENT N/A
Citi/ of Kitchener FILE
ZBA24009JTS_MAP1
DEVELOPM T SERVICES DEPARTMENT, PLANNING mxd
NOTICE OF PUBLIC MEETINGI%\
7
for a development in your neighbourhood
179 Jansen Avenue Ku-ci ILNER
Concept Drawing
Have Your Voice Heard!
Planning & Strategic Initiatives Committee
Date: June 17,2024
Location: Council Chambers,
Kitchener City Hall
200 King Street West
orVirtual Zoom Meeting
IA13khk a
@0150
mly
Multiple Low Rise Increased Floor
Dwelling Residential Space Ratio
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:
Tim Seyler, Senior Planner
ti m.seyler@ kitchener.ca
519.741.2200 x7860
The City of Kitchener will consider an application for a Zoning By-law Amendment to
facilitate the development of a multiple dwelling in the form of stacked townhouses
consisting of 56 units. The application proposes to change the Zoning Category from
`RES-4'to'RES-5', and to permit an increased Floor Space Ratio (FSR) of 0.75.
Page 81 of 174
Project Address: 179 Jansen Avenue
Application Type: Zoning By-law Amendment ZBA24/009/J/TS
Comments of: Environmental Planning—City of Kitchener
Commenter's Name: Carrie Musselman
Email: carrie.musselman@kitchener.ca
Phone: 519-741-2200 X 7068
Date of Comments: May 9, 2024
1. Plans, Studies and Reports submitted as part of a complete Planning Act Application:
• Tree Inventory Plan - Drawing No. TP1 and TP2, prepared by MHBC, dated April 30, 2018 (Re -issued
Nov 19, 2020).
2. Site Specific Comments & Issues:
I have reviewed the studies as noted above to support a zoning bylaw amendment to support the
proposed development of 56 -unit multiple dwellings (stacked townhouses), and note:
— An updated arborist report should be provided as the last inventory was October 2020.
— From the 2020 Arborist Report, it notes a total of 63 individual trees were inventoried, 19 trees
(30%) are recommended to be preserved and 44 trees (70%) are recommended to be removed.
— 16 trees are in shared ownership, none of the trees in shared ownership are recommended to be
removed.
— An ecologically sound tree replacement plan (to support the future site plan application) should be
considered to mitigate tree removals. An assessment of the value of the vegetation proposed for
removal should be prepared. This value can be the basis for compensation plantings provided
beyond the Urban Design Manual base standards.
Environmental Planning staff can support the Zoning By Law Amendment. Staff believe the above
noted comments/concerns can be addressed through the City's Site Plan process and/or through
condition(s) of site plan approval.
3. Policies, Standards and Resources:
Tree Management
• As per Section 8.C.2.16. of the Official Plan, the City will require the preparation and submission of a
tree management plan in accordance with the City's Tree Management Policy (available on the City's
Website), where applicable, as a condition of a development application.
o Any tree management plan must identify the trees proposed to be removed, justify the need
for removal, identify the methods of removal and specify an ecologically sound tree
replacement scheme and any mitigative measures to be taken to prevent detrimental impacts
on remaining trees.
A City for Everyone
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Page 82 of 174
• policy 8.C.2.6., the City will incorporate existing and/or new trees into the streetscape or road rights-
of-way and encourage new development or redevelopment to incorporate, protect and conserve
existing healthy trees and woodlands in accordance with the Urban Design Policies in Section 13
(Landscape and Natural Features) of the Urban Design Manual and the Development Manual.
4. Advice:
• 179 Jansen Ave is 0.73 ha (1.79 acres) in size and so the City's Tree Conservation By-law applies.
If the owner would like to remove a tree (not part of a planning approval), a tree conversation
permit may be required. Additional information can be found on the City's website at:
httas://www.kitchener.ca/en/water-and-environment/tree-conservation-and-
management.aspx
A City for Everyone
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Page 83 of 174
City of Kitchener
PRE -SUBMISSION CONSULTATION COMMENT FORM
Comments Of: Sustainability Planning
Commenter's Name: Mike Balch
Email: Mike.balch@kitchener.ca
Phone: 519-741-2200 ext. 7110
Date of Comments: May 10, 2024
1. Site Specific Comments and Issues:
I have reviewed the pre -submission application regarding Sustainability and Energy Conservation and
provide the following:
• As outlined in Kitchener Official Plan, development applications are required to demonstrate
that the proposal achieves sustainable development design standards and energy is being
conserved or low energy generated.
• Sustainable development promotes a holistic approach to planning to achieve a balance
between the social and economic needs of the community, and environmental
conservation.
• Energy consumption can be reduced through the development of an energy efficient urban
form.
• Using less energy is beneficial for the environment as it reduces the demand on resources to
create energy and the infrastructure required for its distribution.
2. Plans, Studies and Reports to submit as part of a complete Planning Act Application:
• For a Zoning By law Amendment, it should be demonstrated, to the satisfaction of the City, how
energy is being conserved or low energy generated.
o Such studies may include but are not limited to an (1) Integrated Energy Master Plan, (2)
Energy Conservation Efficiency Study, (3) a Feasibility Study for Renewable or Alternative
Energy Systems, (4) District Heating Feasibility Study, or a (5) Sustainability Statement.
3. Anticipated Requirements of full Site Plan Approval:
Approved Sustainability Statement
A City for Everyone
Working Together— Growing Thoughtfully— Building Community
Page 84 of 174
4. Policies, Standards and Resources:
• Kitchener Official Plan Policy 7.C.4.4. Development applications will be required to
demonstrate to the satisfaction of the City, through the completion of a Sustainability
Report/Checklist in accordance with the Complete Application Requirements Policies in
Section 17.E.10, that the proposal meets the sustainable development policies of the Plan
and that sustainable development design standards are achieved.
• Kitchener Official Plan Policy 7.C.4.5. The City will encourage and support, where feasible
and appropriate, alternative energy systems, renewable energy systems and district energy
in accordance with Section 7.C.6 to accommodate current and projected needs of energy
consumption.
• Kitchener Official Plan Policy 7.C.6.4. In areas of new development, the City will encourage
orientation of streets and/or lot design/building design with optimum southerly exposures.
Such orientation will optimize opportunities for active or passive solar space heating and
water heating.
• Kitchener Official Plan Policy 7.C.6.8. Development applications will be required to
demonstrate, to the satisfaction of the City, energy is being conserved or low energy
generated. Such studies may include, but not limited to an Energy Conservation Efficiency
Study, a Feasibility Study for Renewable or Alternative Energy Systems, District Heating
Feasibility Study, and the completion of a Sustainability Report/Checklist in accordance with
the Complete Application Requirements Policies in Section 17.E.10.
Kitchener Official Plan Policy 7.C.6.27. The City will encourage developments to incorporate
the necessary infrastructure for district energy in the detailed engineering designs where
the potential for implementing district energy exists.
5. Anticipated Fees:
NA
A City for Everyone
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Page 85 of 174
From: Christine Goulet <Christine.Goulet@kitchener.ca>
Sent: Thursday, May 9, 2024 1:47 PM
To: Tim Seyler <Tim.Seyler@kitchener.ca>
Subject: RE: Circulation for Comment - 179 Jansen Avenue (ZBA)
Hi Tim,
I have reviewed their functional servicing report, and am in support of the zone change with a peak
sanitary flow of 1.94L/s. Their approach to stormwater management is ok, however they missed
acknowledging they need to do a water balance. I will comment on that when they apply for site plan.
Kitchener Utilities has reviewed the water distribution portion and found it acceptable.
Thanks,
Christine Goulet, C.E.T.
Project Manager I Development Engineering
519-741-2200 Ext. 7820
A City for Everyone
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Page 86 of 174
From: David Heuchert <Dave.Heuchert@kitchener.ca>
Sent: Monday, May 27, 2024 1:02 PM
To: Tim Seyler <Tim.Seyler@kitchener.ca>
Subject: RE: Fire route plan for 179 Jansen Ave
Hi Tim,
There are a couple of items we would like them to look at/address.
- the entrance and exit widths to the property are shown as 4.25m. As per the Emergency Service Policy,
these widths are to be minimum 6m. Can the landscaped area be removed, increasing the widths?
Concern in the wintertime with this width getting even smaller due to snow accumulation/storage.
- drawings will need to demonstrate that the principal entrance to each unit and every required access
opening are located not less than 3 m and not more than 30 m from the closest portion of the
emergency access route, measured along the path of travel, horizontally from the face of the building.
Or, where a developer can show that the 60 m of provided hose can reach from the fire truck to the
most remote room in the dwelling unit, a longer travel distance will be considered (Emergency Service
Policy)
- drawings will need to demonstrate that a fire hydrant is located within 90m of the principal entrance
to each building (Emergency Service Policy)
Comments can be dealt with at Site Plan stage, No issues with ZBA.
Thanks Tim,
Dave
Dave Heuchert, CET, CBCO
Chief Fire Prevention Officer I Fire I City of Kitchener
519-741-2200 x 5529 1 TTY 1-866-969-9994 1 dave.heuchert(ukitchener.ca
A City for Everyone
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Page 87 of 174
From: Planning <planning@wcdsb.ca>
Sent: Tuesday, May 21, 2024 4:39 PM
To: Tim Seyler <Tim.Seyler@kitchener.ca>
Subject: RE: Circulation for Comment - 179 Jansen Avenue (ZBA)
Good Afternoon Tim,
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/planning/).
C) That the developer shall include the following wording in the site plan agreement /
condominium declaration to advise all purchasers of residential units and/or renters of same:
"In order to limit risks, public school buses contracted by Student Transportation Services
of Waterloo Region (STSWR), or its assigns or successors, will not travel on privately
owned or maintained right-of-ways to pick up and drop off students, and so bussed
students will be required to meet the bus at a congregated bus pick-up point."
If you require any further information, please contact me by e-mail at Jordan.Neale@wcdsb.ca.
Thank you,
Jordan Neale
Planning Technician, WCDSB
480 Dutton Dr, Waterloo, ON N2L 4C6
519-578-3660 ext. 2355
A City for Everyone
Working Together — Growing Thoughtfully — Building Community
Page 88 of 174
From: Trevor Heywood <theywood@grand river.ca>
Sent: Wednesday, May 1, 2024 3:42 PM
To: Tim Seyler <Tim.Seyler@kitchener.ca>
Subject: RE: Circulation for Comment - 179 Jansen Avenue (ZBA)
You don't often get email from theywoodCcDgrandriver. ca. Learn why this is important
Hey Tim,
This is not regulated by the GRCA and we have no comment.
Thanks,
Trevor Heywood B.Sc.(Env.)
Resource Planner
Grand River Conservation Authority
400 Clyde Road, PO Box 729
Cambridge, ON N1 R 5W6
Phone: 519-621-2761 ext. 2292
Email: theywooda-grandriver. ca
www.grandriver.ca I Connect with us on social media
A City for Everyone
Working Together— Growing Thoughtfully— Building Community
Page 89 of 174
179 Jansen Ave
Owner: 1000589420 Ontario Inc
Application: Zoning By-law Amendment #24 009 J TS
Comments Of: Park Planning
Commenter's Name: Taylor Stapleton
Email: taylor.stapleton@kitchener.ca
Phone: 519-577-3867
Date of Comments: May 21, 2024
❑ 1 plan to attend the meeting (questions/concerns/comments for discussion)
❑X No meeting to be held
❑ I do NOT plan to attend the meeting (no concerns)
Documents Reviewed:
I have reviewed the documentation noted below submitted in support of a ZBA to rezone the subject
lands from RES -4 to RES -5, seek relief from Table 7-6 of the Zoning By-law to allow for a maximum
FSR of 0.75 rather than the requested 0.6, and from Section 7.5 to permit a maximum height of 11m
rather than the requested 9m.
• Covering Letter prepared by MHBC Planning Ltd dated April 10, 2024
• Application for ZBA prepared by MHBC Planning Ltd dated February 27, 2024
• Site Plan prepared by MHBC Planning Ltd dated January 19 2024
Site Specific Comments & Issues:
Park Planning has no significant concerns with the proposed Official Plan and Zoning Bylaw
amendments and can provide conditional support subject to the minor updates to submitted studies
are noted below.
Comments on Submitted Documents
No comment.
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
Page 90 of 174
Anticipated Fees:
Parkland Dedication
The parkland dedication requirement for this submission is deferred and will be assessed at a future Site
Plan Application. Parkland dedication will be assessed based on the land use class(es) and density
approved through the OPA and ZBA and required as a condition of Site Plan Approval
Parkland dedication is required for the application as cash -in -lieu of land in accordance with the Planning
Act, City of Kitchener Bylaw 2022-101 and Park Dedication Policy.
Based on the proposed 56 units, an FSR of 0.75, a site area of 0.73 ha and using a land valuation of
$3,830,000 and a cap rate of $11,862 unit Parkland Dedication of $214,480 would be required.
Dedication requirements are subject to the Planning Act, Parkland Dedication Bylaw, Park Dedication
Policy and rates in effect. The Bylaw is under appeal.
A City for Everyone
Working Together — Growing Thoughtfully — Building Community
Page 91 of 174
Park Dedication Template - Test Version (R2.1)
Application Type
Zone Change Application
179 Jansen Ave
Address of Property
Centerville Chicopee
Community Name
Medium
Community Park Priority for Park Land (Spaces, 2022)
MHBC Planning Ltd
Applicant
Owner (if different from above)
1000589420 Ontario Inc
Complete Application made priorto August 22, 2022 Not applicable
Transition Requirement Park dedication will be referred to underthe current By -Law 2022-101
Part 3: Application Data
Land Area (ha) 0.73
_
Land Frontage - Consent only (I.m.)
Commercial/Industrial FloorArea (if applicable, sq.m.)
Existing to be Retained
Existing to be Demolished
Proposed
Net Addition
Percent Addition
Dwelling Units, inclusive of Legalization and ADU's (matrix): Total (no.) People
Apartment, >5 storeys 56
101
Existing Units to be Retained (Tor reference)
101
Total Dwelling Units (sum above) 56
Proposed FSR 0.75
Part 4: Chapter 273 Requirements
273. 1.3.1. - Development and Dedication Type
Dedication Type ICash in Lieu
Dedication Rate 11 hectare per 1,000 units (Bill 23 Planning Act)
273. 1.4.2 - Exemptions or Reductions
Previous conveyance of land, payment or owing INo
It yes, above, Land conveyed or required (ha)
Temporary Sales Centre (ZB 2019-051) INo
273. 1.5.2 - Cash -in -Lieu of Land Payments
Land ClassResidential —Medium (Q FSI)
Land Class Value $3,830,000
Accepted AACI Appraisal Value (input $ per hectare)
Part 5: Policy Exemptions, Re =uons or Limits
Exemptions
Developed on behalf of and for the use by... (Not on exemption list)
Non-residential development INo
Reductions
Supportive Housing No
Affordable rental Housing No
Approved POPS (ha)
Limitations
Park Dedication as Land - 10 sq.m. per person reached iYes
Park Dedication as Cash - Cap Applied INo
Part 6: Bill 23 Reductions
Exemptions
Non -Profit Housing Development No
Ancillary dwelling unit, up to 3 units on one property INo
Part 7: Final -.
Exempt from Park Dedication No
Dedication Type Cash in Lieu
Park Dedication - Land Requirement (ha) 0.056
Park Dedication - Cash -in -Lieu $214,480
Lim ME I
Part 9: Review Information
Form Completed By
Taylor Stapleton
April 29 2024
Date application received
Date comments due
May 21 2024
May 21, 2024
Date of completion
Page 92 of 174
City of Kitchener
ZBA comments
Application type:
Zoning By-law Amendment Application ZBA24/009/J/TS
Project address:
179 Jansen Avenue
Comments of:
Transportation Services
Commenter's name:
Dave Seller
Email:
dave.seller@kitchener.ca
Phone:
519-741-2200 e 7369
Date of comments:
May 7, 2024
Comments due:
May 21, 2024
Amanda:
24-110756
As part of a complete Zoning By-law amendment application a Transportation Impact Study (TIS) and
Parking Study was submitted (March 14, 2024) by Urbantrans Engineering Solutions Inc. Transportation
Services reviewed the report and offer the following comments.
Development proposal
The applicant is proposing to develop three stacked townhouse buildings with a total of 56 units. The
development is estimated to generate 22 AM and 29 PM peak hour vehicle trips. A total of 67 parking
spaces are being proposed for this residential use, of which 8 parking spaces are allocated for visitor
parking. The site will be serviced by one full moves access along Jansen Avenue.
Intersection analysis
The analysis summaries the following intersection characteristics: Level of Service (LOS), volume to
capacity ratios (v/c) and vehicle delay in seconds.
The three intersections noted below were reviewed under existing 2024 traffic conditions and 2029
future background traffic conditions. The intersection capacity analysis indicated that under the existing
and background conditions, the intersections are operating at acceptable LOS, v/c ratios and delay with
no critical traffic movements identified.
• Jansen Avenue at Fairway Road North (Regional Road 53) - unsignalized
• Jansen Avenue at Private Driveway (177 & 181 Jansen Avenue) - unsignalized
• Jansen Avenue at Guerin Avenue - unsignalized
The 2029 total future traffic includes background traffic plus site generated traffic. The intersections
analyzed are the same as above. The intersection capacity analysis indicated that the intersections are
expected to operate at acceptable levels of service, v/c ratios and delay with no critical movements
identified. The site traffic generated for this development is minor in nature and adds minimal delay to
the overall study intersection operations.
A City for Everyone
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Page 93 of 174
Parking supply analysis
The analysis included a review the applicable City of Kitchener Zoning By-law No. 2019-051. It was
determined that this development is required to provide a minimum and maximum vehicle parking
spaces of 56 and 79, respectively. The applicant is proposing to provide a total of 67 vehicle parking
spaces, meeting the vehicular parking requirements. Transportation Services supports Urbantrans
conclusions.
Left turn lane analysis
A left turn lane analysis was completed along Jansen Avenue the site access utilizing the Ministry of
Transportation Ontario's (MTO) Geometric Design Standards for Ontario Highways applicable
nomograph. The 2029 total future traffic analysis determined that a left turn lane along Jansen Avenue
is not warranted. Transportation Services supports Urbantrans recommendation.
AutoTURN swept path analysis
The following design vehicles were reviewed for loading/garbage and the vehicle parking.
• Molok garbage truck - acceptable
• TAC 2017 Passenger Vehicle (P) — acceptable
Transportation Demand Management analysis
There are several Grand River Transit (GRT) routes less than 600m from this development. They include
the following routes: 1, 8, 23 and 27. These routes offer connectivity to a broader transit network
throughout the Region of Waterloo and within Kitchener itself.
The walkability for pedestrians accessing the site and surrounding area can easily be achieved, as
sidewalks are provided on both sides of roadways in the surrounding area.
The applicant is providing 28 Class A indoor secure bicycle parking spaces and 6 Class B outdoor bike
parking spaces.
Conclusion
Transportation Services are of the opinion that this development can be adequately accommodated
within the existing transportation network with minimal traffic impact on the study intersections. Also,
no infrastructure improvements will be required to accommodate the proposed development.
A City for Everyone
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Page 94 of 174
N*
Region of Waterloo
Tim Seyler, MCIP, RPP
Senior Planner
City of Kitchener
200 King Street West, 6t" Floor
P.O. Box 1118, Kitchener, ON
N2G 4G7
Dear Mr. Seyler,
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
Community Planning
150 Frederick Street 8th Floor
Kitchener Ontario N2G 4A Canada
Telephone: 519-575-4400
TTY: 519-575-4608
Fax: 519-575-4466
www.regionofwaterloo.ca
Melissa Mohr 1-226-752-8622
File: C14/2/24009
May 23, 2024
Re: Proposed Zoning By-law Amendment ZBA 24/009
179 Jansen Avenue
MHBC Planning Ltd. (C/O Pierre Chauvin and Robyn
McIntyre) on behalf of 10005089420 Ontario Inc. C/O
Alpha Capital Management
CITY OF KITCHENER
MHBC Planning Ltd. has submitted a Zoning By-law Amendment for a development
proposal at 179 Jansen Avenue (subject lands) in the City of Kitchener.
The applicant is proposing to construct 56 -units multiple dwelling/stacked townhouse
units located in three buildings located on the south, east and west edge of the
site. Vehicular access is proposed from Jansen Avenue with surface parking spaces,
landscaping, sidewalks, bike parking and garbage and recycling areas located internal
to the site.
The subject lands are designated Urban Area and Delineated Built Up Area in the
Regional Official Plan. The subject lands are designated Low Rise Residential in the
City of Kitchener Official Plan and zoned RES -4 in the City of Kitchener Zoning By-
law. The applicant is proposing to rezone the site from the RES -4 to RES -5 with a site-
specific permission for a Floor Space Ratio (FSR) of 0.75 (whereas 0.6 FSR is
permitted) and a height of 11 m (whereas 9m is permitted).
The Region has had the opportunity to review the proposal and offers the following:
Document Number: 4683210 Version: 1
Page 95 of 174
Regional Comments
Consistency with Provincial Legislation and Regional Official Plan Conformity
The subject lands are designated "Urban Area" and "Built -Up Area" on Map 2 of the
Regional Official Plan (ROP) and is designated Low Rise Residential in the City of
Kitchener Official Plan.
Section 1.6 of the Regional Official Plan establishes the Regional Planning Framework
and Section 2.13.1 and 2.0 establish policies for the Urban System. Section 2.F of the
Regional Official Plan establishes policies for intensification targets within the
Delineated Built -Up Area, which is set at 60% annually for the City of Kitchener.
Furthermore, development in the Built Up Area is intended to provide gentle density and
other missing middle housing options that are designed in a manner that supports the
achievement of 15 -minute neighbourhoods. The proposed density will contribute to the
achievement of Kitchener's intensification target for the delineated Built Up Area of the
City of Kitchener. In addition, the applicant has proposed stacked townhouses
throughout the development, which is encouraged as a form of missing middle housing
in the Delineated Built -Up Area of the Region.
The Region wishes to advise the applicant of the following technical comments related
to the proposal:
Record of Site Condition/Regional Implementation Guidelines
There are known environmental threats on the subject lands on and adjacent to the
subject lands due to past/historic uses of the subject lands and adjacent sites. As a
density increase of a sensitive land use has been proposed on the subject lands and
known threats are located on the lands, a Record of Site Condition and Ministry
Acknowledgement letter shall be required for the entirety of the subject lands in
accordance with the Region of Waterloo's Implementation Guideline for the Review of
Development Applications on or Adjacent to Known and Potentially Contaminated Sites.
The Record of Site Condition and Ministry Acknowledgement Letter were not received
as part of the Complete Application for the Zoning By-law Amendment and as a result,
the Region shall require a Holding Provision to be implemented within the site-specific
Zoning By-law Amendment. The Holding Provision shall prohibit the proposed
development until the submission of the RSC and the Ministry's Acknowledgement
Letter have been received to the satisfaction of the Regional Municipality of Waterloo.
The following wording is required for the holding provision:
That a holding provision shall apply to the entirety of the subject lands until a Record of
Site Condition (RSC) in accordance with O. Reg. 153/04, as amended, has been filed
on the Ministry of Environment, Conservation and Parks (MECP) Environmental Site
Registry and the RSC and Ministry's Acknowledgement letter is received to the
satisfaction of the Regional Municipality of Waterloo
Stationary Noise Study
Document Number: 4683210 Version: 1
Page 96 of 174
The stationary noise story entitled "Stationary Noise Assessment Report, REV.01, 179
Jansen Avenue, Kitchener, Ontario" prepared by Managed Intelligent Infrastructure Inc.
(Mi3) in association with BMP3 Cognizant Associates Inc. dated March 18, 2024.
As per the per -submission consultation and an email of May 2, 2024, the noise study
will be peer reviewed and the Region requires payment of the peer review fee of
$4,500.00 plus HST ($5,085.00 total) in order to initiate the review of the study.
The Region requires a holding provision to ensure the stationary noise study has been
completed to the satisfaction of the Regional Municipality of Waterloo. The wording for
the holding provision is:
That a holding provision shall apply to the entirety of the subject lands until a
satisfactory detailed stationary noise study has been completed and implementation
measures addressed to the satisfaction of the Regional Municipality of Waterloo. The
detailed stationary noise study shall review stationary noise sources in the vicinity of the
site, the potential impacts of noise (e.g. HVAC systems) on the on-site sensitive points
of reception and the impacts of the development on adjacent noise sensitive uses.
Corridor Planning
Transportation Noise.-
The
oise:The Owner/Developer shall enter into a registered development agreement with the
Region of Waterloo to ensure that all dwelling units be constructed with a forced air
heating/cooling system that permits the future installation of air conditioning units
through a future consent or condominium application.
The agreement with the Region of Waterloo shall include the following noise warning
clauses be included in agreements of Offers of Purchase and Sale, lease/rental
agreements and the condominium declaration (should a condominium be proposed).
Type A:
Purchasers/tenants are advised that sound levels due to increasing road traffic on
Fairway Road North may occasionally interfere with some activities of the dwelling
occupants as the sound levels exceed the sound level limits of the Municipality and the
Ministry of the Environment, Conservation and Parks.
Type C:
This dwelling unit has been designed with the provision for adding central air
conditioning at the occupant's discretion. Installation of central air conditioning by the
occupant in low and medium density developments will allow windows and exterior
doors to remain closed, thereby ensuring that the indoor sound levels are within the
sound level limits of the Municipality and the Ministry of the Environment, Conservation
and Parks.
Document Number: 4683210 Version: 1
Page 97 of 174
Region of Waterloo International Airport:
Please note that the subject lands are located within six (6) kilometers of the Region of
Waterloo International Airport; therefore, the use of construction cranes may require the
owner/applicant to obtain Transport Canada's Aeronautical Assessment Form for
Obstruction Evaluation and approval from NAV Canada through their land use
application process.
In addition, if proposed buildings/structures exceed 100 feet Above Ground Level, the
applicant/owner must advise NAV Canada through their land use submission form,
which can be found here: https://www.navcanada.ca/en/products-and-
services/Pages/land-use-program.aspx
Part 4 of the Clean Water Act/Risk Management
Please be advised that a Provisional Risk Management Plan has been negotiated for
the development proposed on the subject lands. In addition, the Section 59 Notice
submitted with the complete application is valid.
Please be advised that a full risk management plan is required to be negotiated as part
of the future Site Plan Application and a new Valid Section 59 Notice is required at that
time.
Hydrogeology and Source Water Protection
Regional staff have reviewed the Functional Servicing and Stormwater Management
Report entitled "179 Jansen Avenue Functional Servicing and Stormwater Management
Report" prepared by MTE Consultants, dated March 27, 2024.
The report indicates that salt -laden water from common parking areas will be conveyed
to on-site infiltration galleries. Regional staff wish to advise the applicant/owner that
infiltration of chloride laden runoff to infiltration galleries is not supported by the Region;
therefore, an update to the Functional Servicing and Stormwater Management Report
shall be required to ensure that the site has infiltration from `clean' sources only. Should
the FSR/SWM not be updated before a decision is made by council for the city of
Kitchener, a holding provision is required to ensure the update to the report is made.
In addition to the above, the subject lands are located in Intake Protection Zone 2 and to
ensure no potential contamination reaches the groundwater intake, a geothermal
prohibition shall be required to be implemented in the site-specific zoning by-law
amendment. The required wording for the prohibition is:
Geothermal Wells are prohibited on site. A geothermal well is defined as a vertical well,
borehole or pipe installation used for geothermal systems, ground -source heat pump
systems, geo-exchange systems or earth energy systems for heating or cooling,-
including
ooling,including open -loop and closed-loop vertical borehole systems. A geothermal well does
not include a horizontal system where construction or excavation occurs to depths less
than five meters unless the protective geologic layers overlaying a vulnerable aquifer
have been removed through construction or excavation.
Document Number: 4683210 Version: 1
Page 98 of 174
Housing Services
The following Regional policies and initiatives support the development and
maintenance of affordable housing:
• Regional Strategic Plan
• 10 -Year Housing and Homelessness Plan
• Building Better Futures Framework
• Region of Waterloo Official Plan
The Region supports the provision of a full range of housing options, including
affordable housing. Rent levels and house prices that are considered affordable
according to the Regional Official Plan are provided below. Should this development
application move forward, staff ask the Owner/Developer to consider providing a
number of affordable housing units on the site, as defined in the Regional Official Plan.
In order for affordable housing to fulfill its purpose of being affordable to those who
require rents or purchase prices lower than the regular market provides, a mechanism
should be in place to ensure the units remain affordable and establish income levels of
the households who can rent or own the homes.
For the purposes of evaluating the affordability of an ownership unit, based on the
definition in the Regional Official Plan, the purchase price is compared to the least
ex ensive of:
Housing for which the purchase price
results in annual accommodation costs
$2,040
which do not exceed 30 percent of gross
$395,200
annual household income for low and
moderate income households
Bachelor: $1,164
Housing for which the purchase price is
1 -Bedroom: $1,346
at least 10 percent below the average
$740,000
purchase price of a resale unit in the
regional market area
"Based on the most recent information available from the PPS Housing Tables (2023).
In order for an owned unit to be deemed affordable, the maximum affordable house
price is $395,200.
For the purposes of evaluating the affordability of a rental unit, based on the definition of
affordable housing in the Regional Official Plan, the average rent is compared to the
least expensive of:
A unit for which the rent does not exceed
30 per cent of the gross annual
$2,040
household income for low and moderate
income renter households
A unit for which the rent is at or below the
Bachelor: $1,164
average market rent (AMR) in the
1 -Bedroom: $1,346
regional market area
2 -Bedroom: $1,658
Document Number: 4683210 Version: 1
Page 99 of 174
3 -Bedroom: $2,039
4+ Bedroom: n/a
*Based on the most recent information available from the PPS Housing Tables (2023)
In order for a rental unit to be deemed affordable, the average rent for the proposed
units must be at or below the average market rent in the regional market area as shown
above.
Fees:
By copy of this letter, the Region of Waterloo acknowledges receipt of the Zoning By-
law Amendment fees totalling $3,000.00 (deposited May 2, 2024).
Conclusions:
Based on the above, Regional staff have no objection to the application subject to
implementation of the following within the site specific Zoning By -law -
1. That a holding provision for receipt of the Record of Site Condition and Associated
Ministry Acknowledgment Letter be implemented in the site specific Zoning By-law
Amendment. The required wording for the holding provision shall be:
That a holding provision shall apply to the entirety of the subject lands until a Record
of Site Condition (RSC) in accordance with O. Reg. 153/04, as amended, has been
Ned on the Ministry of Environment, Conservation and Parks (MECP) Environmental
Site Registry and the RSC and Ministry's Acknowledgement letter is received to the
satisfaction of the Regional Municipality of Waterloo.
2. That a holding provision for the detailed stationary noise study be implemented in the
site-specific zoning by-law amendment. The required wording for the holding
provision shall be:
That a holding provision shall apply to the entirety of the subject lands until a
satisfactory detailed stationary noise study has been completed and implementation
measures addressed to the satisfaction of the Regional Municipality of
Waterloo. The detailed stationary noise study shall review stationary noise sources
in the vicinity of the site, the potential impacts of noise (e.g. HVAC systems) on the
on-site sensitive points of reception and the impacts of the development on adjacent
noise sensitive uses.
3. Should the FSR/SWM not be updated before a decision is made by Council for the
City of Kitchener, the following holding provision shall be required:
That a holding provision shall apply to the entirety of the subject lands until a
Functional Servicing and Stormwater Management Report has been submitted to the
satisfaction of the Regional Municipality of Waterloo.
Document Number: 4683210 Version: 1
Page 100 of 174
4. That a geothermal prohibition shall be implemented within the site specific Zoning By-
law Amendment. The wording for the prohibition is:
Geothermal Wells are prohibited on site. A geothermal well is defined as a vertical
well, borehole or pipe installation used for geothermal systems, ground -source heat
pump systems, geo-exchange systems or earth energy systems for heating or
cooling, including open -loop and closed-loop vertical borehole systems. A
geothermal well does not include a horizontal system where construction or
excavation occurs to depths less than five meters unless the protective geologic
layers overlaying a vulnerable aquifer have been removed through construction or
excavation.
Furthermore, 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. 1000589420 Ontario Inc. C/O Alpha Capital Management (Owner)
MHBC Planning Inc. C/O Pierre Chauvin and Robyn McIntyre (Agent)
Document Number: 4683210 Version: 1
Page 101 of 174
From: Paul Araujo
Sent: Wednesday, May 22, 2024 7:56 PM
To: Dave Schnider <Dave.Schnider@kitchener.ca>; Tim Seyler <Tim.Seyler@kitchener.ca>
Subject: Fw: Automatic reply: Automatic reply: Automatic reply: Bylawl7-007 curbside garbage
Hi Dave and Tim,
Below you will see about 2 years of reaching out to the region, by-law and many other people
to deal with the filth on Jansen ave. Every single person I've reached out to has given me the
runaround.
There is leftover broken furniture at ■jansen right now, there is a mattress on Kinze that has
been there for 2 weeks, and in the past 2 years the streets have becoming full time parking lots.
1.2 parking spots for 56 units will definitely make things much worse.
Awopboppa loobopa lopba m boom!!!
From: Paul Araujo
Sent: Friday, May 24, 2024 5:36 PM
To: Tim Seyler <Tim.Seyler@kitchener.ca>; Dave Johnstone <DJohnstone@regionofwaterloo.ca>; Mayor
<mayor@kitchener.ca>
Cc: Dave Schnider <Dave.Schnider@kitchener.ca>
Subject: Re: Jansen Ave Development
I have forwarded both you and Dave Schnider, communication I have had with Dave
Schnider, David Johnstone and several other team members of waste management and
Kitchener BY -Law, and nothing has been done. Private collection means nothing as 164 is
private collection, there are units with private collection on Guerin, Kinzie and Grulke to name a
few and garbage still ends up on the curb and the by-law will not do anything.
The 3 storey units are on the opposite side of fairway rd. On the Jansen side of Fairway at the
179 are there are no 3 storey units. The city can pick and choose where these borders are in
order to fit their financial benefits.
The urban design planners for this area are not residents of this area and do not care what
happens in our back yards. I do not believe you or the city planners are honestly interested in
what the residents opinions are.
And just like the by-law department and waste management department you and Dave
Schnider will continue to deflect these issues to the next person making us run around in
circles.
There has been no planning of any kind by anyone to notice and plan for parking and garbage
collection. The single and only interest is to build more and collect more taxes.
Page 102 of 174
Awopboppaloobopalopbamboom!!!
From: Tim Seyler <Tim.Seyler@kitchener.ca>
Sent: May 24, 2024 5:01 PM
To: 'Paul Araujo'
Cc: Dave Schnider <Dave.Schnider@kitchener.ca>
Subject: RE: Jansen Ave Development
Hi Paul,
Thanks for the email. I was also able to connect with Councilor Schnider on your items.
If you are having issues with the garbage collection in the area, I would recommend reaching out to your
regional councilor as the Region is responsible for the garbage clean up. If there are issues that are a
concern for an extended period of time then you can reach out to our by-law staff. The development
proposal at 179 Jansen will be required to have private garbage pick up and the residents will be using
that service. There will be no regional pick up for the development and shouldn't cause any concerns
with the surrounding neighbourhood's pick up.
I would also like to point out that there are 3 storey multiple dwellings along Fairway Rd. which this
development borders on. Our urban design staff have reviewed the application and do not have
concerns with the 3 storeys in height as it is permitted within the By-law and the application is not
asking for an increase in the height. As for parking, the development exceeds the City's overall parking
minimum for a residential development, they are providing a few extra spaces in order to support the
units on site. On street parking is permitted within the warmer months, and if there is an ongoing issues
please again reach out to our By-law team.
Thanks,
Tim Seyler, BES, MCIP, RPP
Senior Planner I Development & Housing Approvals Division I City of Kitchener
519-741-2200 ext. 7860 1 TTY 1-866-969-9994 1 Tim.Seyler@kitchener.ca
From: Bob Steyaert
Sent: Wednesday, May 22, 2024 9:03 PM
To: Tim Seyler <Tim.Seyler@kitchener.ca>
Subject: Jansen ave development
Email as someone who lives on Jason Avenue there's no parking available on the street as it is and
you want to add another 60 units. I don't think anybody's thinking this through 1.2 parking spots is
hardly sufficient for that many units there's garbage used furniture and the entire neighbourhood is
starting to look like a war zone, you should consult the people that live on the street and actually hear
what they're saying
BOB STEYAERT
Page 103 of 174
From: Mariola gol
Sent: Monday, May 13, 2024 12:40 PM
To: Tim Seyler <Tim.Seyler@kitchener.ca>
Subject: 179 Jansen Ave. Kitchener Ontario.
1.Who will be responsible for flooding My propejU?
The property that is planned to be built is joined to mine for 55' feet. The property 179 Jansen
Ave. is elevated approximately 2' feet higher than mine.
I want to know who will be paying for the damages when the flooding occurs??
I am a senior and I do depend on my organic fruit and vegetables during the summer.
I will not have any sun during morning, only one (1) hour at 12 noon, and my organic garden
will not survive. Am I going to be compensated for the loss of fruit and vegetables??
There must be a way to build the complex to accommodate everyone's satisfaction.
2. Environmental pollution; noise and carbon, for example when there are 20 dwellings there
are approximately 1 1/2 cars por dwelling, imagine the pollution....!!
I would appreciate a response.
Regards
ID
On Mon, May 13, 2024 at 3:45 PM Tim Seyler <Tim.Seyler@kitchener.ca> wrote:
Hi Mariola,
Thank you for the email.
The developer was required to provide a grading plan that shows how all of the water on the site will be
dealt with. This was provided to the City's engineers to review, and they have stated that there is no
concerns with what they are proposing. The water will drain away from your property towards the
center of the site and then handled from there. This will also be reviewed further at the detailed site
plan review stage to ensure that all the water on site is handled appropriately. As for your shadow
question, the buildings will have a maximum height of 11 metres, which is the standard maximum height
within the Residential zones. This height is shown to have minimal shadow impacts to the surrounding
properties and even though there may be some shadows on your property, it would only be for a small
period of the day.
There will be some noise as part of the development but will be only during weekdays and will be
mitigated as best as possible. The applicant has also included a sustainability statement with the project
Page 104 of 174
that outlines the environmental impacts and how they will respond to those impacts. A form of infill
development like this is shown to have less environmental impact than a new subdivision at the edge of
the City.
If you have further questions, please don't hesitate to ask.
Thanks,
Tim Seyler, BES, MCIP, RPP
Senior Planner I Development & Housing Approvals Division I City of Kitchener
519-741-2200 ext. 7860 1 TTY 1-866-969-9994 1 Tim.Seyler@kitchener.ca
From: Mariola gol
Sent: Monday, May 13, 2024 5:53 PM
To: Tim Seyler <Tim.Seyler@kitchener.ca>
Subject: Re: 179 Jansen Ave. Kitchener Ontario.
Thank you for the information.
However; I do not have contact information in case I do have a problem with flooding.
Do I understand correctly if/when I do have flooding I should take City - Kitchener to court for
any damages to my property?
Kind re ards.
ID#
Page 105 of 174