HomeMy WebLinkAboutDTS-07-177 - MP 06/08/M/TMW, ZC 06/26/M/TMW, 342 Mill StDev~fopme-rt &
Techntca~Servlces
REPORT
Report To: Development and Technical Services Committee
Date of Meeting: December 3, 2007
Submitted By: Jeff Willmer, Director of Planning (741-2325)
Prepared By: Tina Malone-Wright, Senior Planner (741-2765)
Ward(s) Involved: Ward 6
Date of Report: November 14, 2007
Report No.: DTS-07-177
Subject: MUNICIPAL PLAN AMENDMENT MP 06/081M/TMW
ZONE CHANGE APPLICATION ZC 061261M/TMW
1682320 ONTARIO LIMITED
342 M I LL STREET
RECOMMENDATION:
1. That Municipal Plan Amendment Application MP061081M/TMW requesting a change in
designation from General Industrial to Low Density Commercial Residential on lands owned
by 1682320 Ontario Limited, legally described as Part of Lot 21 Registered Plan 404, more
particularly described as Part 1 on Reference Plan 58R-3650, and municipally known as 342
Mill Street in the City of Kitchener, be adopted, in the form shown in the Municipal Plan
Amendment attached to Report DTS-07-177, and accordingly forwarded to the Region of
Waterloo.
2. That Zone Change Application ZC 06/26/MITMW requesting a change in zoning from
General Industrial Zone (M-2) with Special Regulation 1R and Special Use Provision
159U to Commercial Residential One Zone (CR-1) with Special Regulation Provision 1 R
and Special Regulation Provision 475R on lands owned by 1682320 Ontario Limited,
legally described as Part of Lot 21 Registered Plan 404, more particularly described as
Part 1 on Reference Plan 58R-3650, municipally known as 342 Mill Street in the City of
Kitchener, be approved in the form shown in the attached "Proposed By-law", dated
October 31, 2007, subject to the following condition:
1. That the zoning by-law not receive three readings until a Record of Site Condition
for the property at 342 Mill Street is acknowledged by the Ministry of the
Environment and the City has been notified by the Regional Municipality of
Waterloo that the Record of Site Condition and Letter of Acknowledgement
satisfies Regional requirements.
3. That the site plan to be approved for 342 Mill Street be based on the concept plans and
drawings generally in accordance with those appended to Report DTS 07-177. That the
approved site plan maximize the setback of the proposed townhomes adjacent to the
existing homes on Mill Street and that the site plan incorporate a wood privacy fence and
appropriate landscaping, including the retention of the cedar hedge, along the property
line with the existing residential properties on Mill Street municipally known as 340-380
M i I I Street.
4. That an exemption from Council Policy I-1035, Emergency Access Policy, in regards to
the Municipal Plan Amendment Application MP061081M/TMW and Zone Change
Application ZC06126/MITMW on property municipally known as 342 Mill Street, to allow
a multiple residential development on acul-de-sac to be 213 metres in length without an
emergency access rather than a maximum of 150 metres, be approved, subject to the
following conditions:
a) that all dwellings within the development be required to connect to Direct Detect
Fire Monitoring System.
b) that all dwellings constructed in the development beyond the 150 metres from the
intersection of the internal road and Mill Street to the end of the cul-de-sac, be
required to have sprinkler systems built into each dwelling as a further fire
protection measure.
5. That an exemption from Council Policy I-1147, Street Naming, Multiple Unit Identification
Signs, Addressing/Street Name Change, in regards to the Municipal Plan Amendment
Application MP06/08/MITMW and Zone Change Application ZC06/261M/TMW on
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property municipally known as 342 Mill Street, to allow a Multiple Unit Identifier Sign to
be located on the left hand side of the entrance driveway into the site rather than the
right hand side be approved.
EXECUTIVE SUMMARY:
The applicant has made a Municipal Plan Amendment and a Zone Change Application to permit
the development of the subject property with 34 townhomes and an eight storey apartment
building containing 106 dwelling units. The applicant is also requesting two exemptions to
Council Policy to permit the residential development to have an internal road length greater than
150 metres without an emergency access and to permit a multiple unit identification sign to be
located on the left-hand side of the entrance into the site rather than on the right-hand side.
BACKGROUND:
The subject site is owned by 1682320 Ontario Ltd., and is located on the north side of Mill Street
between Borden Parkway and Ottawa Street South, as shown in location map above. The 1.977
hectare (4.885 acre} site is generally triangular in shape bounded by the Shoemaker Greenway,
a concrete channel, to the west, the Goderich Exeter Railway to the north, and low rise
residential along Mill Street to the south of the site. The site connects to Mill Street in the
southwest corner with approximately 33.7 metres of frontage.
The subject property is contained within the Mill Courtland-Woodside Park Neighbourhood
Secondary Plan according to the City's Municipal Plan, and is currently designated as "General
Industrial". The City's Zoning By-law currently designates the subject land as "General Industrial
(M-2)" with Special Regulation Provision 1 R and Special Use Provision159U. In addition, the
west portion of the property is located within the Regulatory Flood Line and is included within
the Flood Fringe, as shown in the Secondary Plan -Flood Plain and Environmental Areas.
In the late summer of 2006 the applicant made a Municipal Plan Amendment Application to
change the land use designation to `Medium Density Commercial Residential' and a Zone
Change Application to change the zoning to `Commercial Residential Two Zone (CR-2)'. Both
the proposed land use designation and zoning would permit the site to be developed at a
maximum density of 200 units per hectare and with a maximum Floor Space Ratio of 2.0 (a
building area that is two times the lot area}. The purpose of the applications was to permit the
development of the subject property with an 11 storey apartment building having 136 dwelling
units and 36 townhouse dwelling units.
The applications were circulated for comment in November of 2006 and a result of the
circulation there were a number of concerns and issues raised by the neighbouring residents.
City staff, along with the applicants and the Ward Councillor, held a neighbourhood information
meeting in March of 2007 with those residents that expressed concerns with the proposed
development. As a result of the neighbourhood meeting and in an attempt to address some of
the concernslissues expressed at that meeting, the applicants amended their development
proposal. Notice of the revised proposal and the results of the Transportation Impact Study were
mailed to the residents in October of 2007.
With the revised proposal, the `Medium Density Commercial Residential' land use designation
and the `CR-2' zoning that were requested as part of the original applications are no longer
required. Instead the proposed land use designation is `Low Density Commercial Residential'
and the proposed zoning is `Commercial Residential One Zone (CR-1)'. This would permit the
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site to be developed at a maximum of 100 units per hectare and with a maximum Floor Space
Ratio of 1.0.
Proposed Development Concept
As discussed the proposed development concept was revised in response to the neighbourhood
information meeting held on March 21, 2007. A copy of the proposed site plan and elevations
are attached as Appendix `A' The concept includes four 4-unit and three 6-unit townhouses, 34
townhomes in total, located at the southerly portion of the subject land and backing onto the
existing single detached dwellings fronting Mill Street. Each townhouse has a private driveway
and garage space and frontage ranging from 5.5 to 6.1 metres onto an internal private road with
access to Mill Street. Townhouse exteriors will be traditional with brick veneer and siding
facades and sloped roofs.
To the north-westerly portion of the site, the proposed eight-storey 106-unit apartment is
oriented to two landscaped activity areas and courtyard that are intended for use by all
residents. It will relate to the townhouses through use of similar colours, fenestration and
matching brick veneer at the base. The building elevation is articulated with projections and
setbacks as well as recessed roofline. These treatments will help break up the building mass.
A visitor parking area is located to the rear of the apartment building that also provides the
access to a two-level parking deck situated at the rear of the property against the railway tracks.
Together with the parking deck, a noise berm is proposed to be located to the east of the
parking deck to help attenuate the noise impact of the railway. Given that proposed entrance of
the development is located within the flood plain of the Shoemaker Greenway and current flood
levels will impede emergency vehicles during flood events, the concept includes vertical re-
alignment of a portion of Mill Street and the entrance into the proposed development.
Based on the total number of dwelling units (140), the applicant is required to provide 1.25
parking spaces per unit or 175 parking spaces in total on site. The site is proposed to contain
184 parking spaces, of which 35 or 20% of the required 175 parking spaces, will be dedicated to
visitor parking as per the requirements in the Zoning By-law. The visitor parking spaces will be
distributed throughout the development. The resultant Floor Space Ratio of the site is proposed
to be 0.96 FSR.
REPORT:
Provincial Policy Statement/Places To Grow Plan
The Municipal Plan amendment attached to this report identifies how the proposed municipal
plan amendment is consistent with the provincial policy and the Places To Grow Plan.
City's Municipal Plan
The Municipal Plan amendment attached to this report provides the basis and explanation of the
proposed municipal plan amendment application.
Proposed Zoning By-law
The applicants are also requesting a zone change in conjunction with the proposed Municipal
Plan Amendment. The property is proposed to be rezoned from `General Industrial Zone (M-2)
with Special Regulation Provision 1R and Special Use Provision 159U' to `Commercial
Residential One Zone (CR-1) with Special Regulation Provision 1 R and Special Regulation
Provision 475R. The proposed zone category will implement the requested land use
designation. The Special Regulation Provision 1R relates to lands, which are regulated by the
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Grand River Conservation Authority under the Regulation of Development, Interference with
Wetlands and Alterations to Shorelines and Watercourses, Ontario Regulation 150106.
Development or site alteration will require a permit from the Grand River Conservation Authority.
Special Regulation Provision 475R is required to permit the two-storey parking garage structure
to be located 0.6 metres from the rear lot line where as the zoning by-law currently requires 7.5
metres. Planning Staff feels the reduction in the required setback is appropriate given that the
parking garage will abut the railway lands to the rear and the structure will provide noise
attenuation for the proposed apartment building.
Agency/Department Comments
Fire
The internal driveway into the proposed development will exceed the maximum permitted length
of 150 metres without an emergency access as outlined in the City's Emergency Access Policy.
Fire has indicated that this is acceptable provided the townhouse dwellings in excess of the 150
metres are required to connect to Direct Detect Fire Monitoring System and that they are
constructed with built in sprinkler systems.
The applicant is also requesting an exemption from Council Policy to permit the Multiple Unit
Identification Sign to be located on the left-hand side of the driveway rather than on the right-
hand side. Fire has indicated that this is acceptable and has indicated that the MUI sign on the
left hand side of the driveway will provide responding fire trucks with optimal visibility of the sign
as these trucks travel westward along Mill Street to emergency situations. The applicant is also
proposing enhanced illumination of the MUI sign to the satisfaction of the Kitchener Fire
Department.
Transportation Planning
The applicant was required to submit a Transportation Impact Study to support the proposed
applications. The study was required to assess the affect of the development on the
transportation network, to evaluate the proposed location and operation of the site access and
to identify any required remedial measures and timing of their implementation.
The results of the Transportation Impact Study concluded that no road improvements are
required on Mill Street to accommodate the development traffic. Mill Street is designated and
functions as a secondary arterial roadway and with the proposed development traffic volumes
on Mill Street will be well within expected traffic volumes on a secondary arterial roadway
(20,000 vehicles per day}.
Mill Street is scheduled for reconstruction in 2011/2012. At that time the super-elevation of Mill
Street will be addressed as well as sidewalks will be provided on both sides of Mill Street.
Community Services
Community Services and Planning Staff want to ensure that a trail connection can be provided
through the Shoemaker Greenway from Mill Street to the Schneider property. The owner will be
required as a condition of site plan approval to provide a 5% parkland dedication. Through the
site plan process staff will look at the options at obtaining this trail link. This may be able to be
accomplished with an easement and 5 % cash-in-lieu dedication or with the dedication of lands
at the northeast corner of the property.
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GRCA
Due to the location of the subject property in the two zone floodplain policy area of the
Shoemaker Greenway, the property could be subject to greater than 0.8 metres of flooding.
GRCA had concerns with the safe access and egress to the site. To address this concern, the
applicant is proposing to elevate the road profile of Mill Street by 0.35 metres over a distance of
67 metres to ensure a safe emergency access elevation of Mill Street. Based on the information
provided by the applicant, GRCA are prepared to support the MP and Zone Change
Applications. Their concerns can be addressed through the site plan approval process with
conditions of approval.
Region of Waterloo
The Region of Waterloo required a Noise Study, Vibration Study, Transportation Impact Study,
a Record of Site Condition acknowledged by the Ministry of the Environment (MOE). At the time
of writing this report, the Region was generally satisfied with the conclusions and
recommendations of the noise, vibration, and transportation impact studies. At the time of
writing this report additional information on a noise wall on the parking garage structure was
being provided to the Region for review. Also, a record of site condition had been completed
and submitted to the MOE but a letter of acknowledgement had not yet been received. Planning
staff recommends that the zoning by-law not be presented to Council for three readings until the
acknowledgement letter is received.
The Region indicated that Grand River Transit currently operates two routes at this location with
bus stops located immediately adjacent to the subject property. The existing bus stop on the
north side of Mill Street may be impacted by the proposed driveway and accordingly may have
to be relocated. This can be addressed through the site plan approval process.
CN Railway
The Railway is satisfied with the recommendations inthe applicant's vibration and noise reports.
The proposed 8 storey apartment building will be setback CN's minimum 15 metres and a safety
berm will also be erected in this location. A 1.83 metre high chain link fence will also be erected
on this shared property line with CN Railway.
Community Input
As a result of the preliminary circulation in November of 2006, Planning staff received 15 written
responses to the applications to facilitate an 11 storey apartment building having 136 units and
36 townhomes. Of those responses, 12 expressed concerns and/or issues with the proposal, 1
response expressed support and 2 other responses expressed no opinion.
There were many concerns addressed, but the majority of the concerns related to the following:
• Traffic
• Height of the proposed apartment building
• Density of the proposed development
• Relationship of townhomes next to existing homes on Mill Street
CrimelVandalism
• Decrease in property values
• Tenure of units -Are they rental?
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At the neighbourhood meeting the discussion primarily focussed on the height of the apartment
building, the relationship of the townhomes adjacent to the existing homes on Mill Street, the
density of the proposed development and there were a number of residents concerned about
the effect of the proposed development on traffic on Mill Street. The applicants had submitted a
traffic study but City staff had not had a chance to review it prior to the neighbourhood meeting.
As there was quite a bit of discussion that evening centering on the traffic concerns, City staff
advised that a once the study had been reviewed, there would be a follow up letter to the
residents.
In response to the circulation of the revised proposal for an 8 storey apartment building
containing 106 dwelling units and 34 townhomes and the results of the Transportation Impact
Study, Planning Staff received 9 written responses. Of those written responses, the
concernslissuessre as follows:
• 2 of the written responses expressed concerns with the conclusions/recommendations of
the Transportation Impact Study.
The applicant prepared the Transportation Impact Study for the proposed development based
on a terms of reference prepared by City and Regional Transportation Planning Staff. The
scope of the proposed study was appropriate and fairly dealt with the amount of traffic that is
expected to be generated from the proposed development. Mill Street is designated and
functions as a secondary arterial roadway which is capable of handling 20,000 vehicles per day.
Currently, the roadway handles approximately 8,200 vehicles per day. The proposed
development will not contribute enough traffic to impede the proposed functioning of Mill Street
and the surrounding road network.
• 1 written response expressed concern with a loss of privacy and the proposed height of
the townhomes adjacent to the existing homes on Mill Street.
• 1 of the written responses also expressed concern over the relationship of the
townhomes adjacent to the existing homes on Mill Street and traffic.
Planning staff understand and appreciate the concerns with respect to the relationship of the
townhomes with the existing single family residential uses on Mill Street. There are many
examples within the City of Kitchener where 2 and 3 storey residential dwellings abut 1 storey
residential dwellings. This is not a unique situation. The applicant is proposing that the
townhomes be setback from the property line abutting the homes on Mill Street a minimum
distance of 6.1 metres whereas the Zoning By-law would only require a 3 metre setback in the
`CR-1' zone in this location. The proposed 6.1 metre setback is comparable to the setback that
would currently be required should the property be developed with an industrial use. Through
the site plan process, Planning staff will have the ability to ensure appropriate fencing and
buffering to deal with the privacy concerns of the adjacent property owners on Mill Street. There
is an existing 1.83 metre high chain link fence on this property line. The residents have indicated
a preference to retain the chain link fence. A wood privacy fence may be more appropriate and
for practicality reasons it may be appropriate to deal with only one fence on the common
property line. The best solution for all involved will be reviewed through the site plan approval
process. Staff will also have the ability to deal with the existing cedar hedge which is located on
this property line and ensure that this can be incorporated where feasible into the proposed
plans for the property line. Planning Staff are recommending that requirements for
fencingllandscaping on the common property line be included in the recommendation for
approval of the municipal plan amendment application and zone change.
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• 1 written response expressed concerns with water, schools, health care, unemployment,
taxes, that the lands should be retained for light industrial uses, there is a potential to
provide a connecting road from Chandler Drive to the auditorium area for fire trucks and
ambulances
Within the next 30 years, the City of Kitchener is expected to experience residential growth. It is
preferable to accommodate this growth within the existing built up areas of the City which
already has existing infrastructure and public service facilities rather than on new greenfield
lands. The proposed development will provide additional housing options and contribute
additional density and population to help sustain neighbourhood schools, public service
facilities, parks and businesses. The development will also be transit supportive and accordingly
will contribute additional transit riders to the existing two routes serving the neighbourhood.
With respect to providing a connecting road from Chandler Drive to the auditorium area, given
all the constraints, such as crossing of greenways, railways and any expropriations that need to
take place, freezing the subject property from development in order to facilitate such a
connecting road is not feasible at this time.
• 1 of the written responses expressed a number of concerns over the FSR, the proposal
doesn't fit in, relationship of townhomes to existing homes on Mill Street, number of cars
and availability of parking, compensation for dealing with construction, expressing
concern that their opinion/input was not considered at the neighbourhood meeting and is
not being considered as a result of the revised proposal.
Planning staff are of the opinion that the proposed `Low Density Residential Commercial'
designation and zoning is appropriate in this location and compatible with existing residential
homes and developments on Mill Street. As noted earlier in the report the development will have
a maximum Floor Space Ratio of 0.96 whereas the Zoning By-law will permit 1.0. The number
of parking spaces provided on the subject property will be provided at a rate of 1.25 parking
spaces per dwelling unit and will exceed the zoning requirements. In total there will be 184
parking spaces provided on site, of which 35 will be designated for visitor use. The Zoning By-
law cannot designate parking spaces based on the rental or ownership of units.
It is not known how long the construction period of the proposed development will be. It is
assumed that the applicant will be adhering to a schedule to get the development up as quickly
as possible for the benefit of all. During the construction time, the City does not provide
compensation to adjacent neighbours for noise, dirt, and construction traffic.
The concerns related to the relationship of the townhomes with the existing homes on Mill Street
and the cedar hedge have been addressed above.
What Planning Staff heard at the neighbourhood meeting was that there were concerns with the
height and density of the development, concern with the townhomes and their relationship to the
existing homes on Mill Street and of particular concern, traffic on Mill Street and how this
development would contribute further traffic and problems to what is an intolerable situation for
most residents on Mill Street.
Since the neighbourhood meeting City staff worked with the applicant to revise the proposal to
bring down the height of the apartment building from 11 storeys to 8 storeys which in turn
decreased the total number of units (density) from 135 units to 106 units. Since the original
circulation of the applications in November of 2006 the number of proposed townhomes
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decreased from 36 to 34. In summary the total number of proposed dwelling units on the site
has decreased from 171 to 140.
There was also a site plan pre-application meeting that was held in July of 2007 with the
applicants and City Staff. The relationship of the townhomes with the existing homes on Mill
Street was discussed in terms of how best to protect the privacy of the existing residents while
accommodating proposed residential development on the subject property. There is recognition
of the existing cedar hedge and 1.83 metre high chain link fence on the shared property and this
will be dealt with in more detail through the site plan approval process.
Due to the changes in the height and density of the development, Planning Staff have
recommended that the applications be revised to request a `Low Density Commercial
Residential' land use designation and zoning with a maximum FSR of 1.0 rather than the
`Medium Density Commercial Residential' designation and zoning with a maximum FSR of 2.0
that was originally requested. As discussed, this land use designation is very compatible with
existing low rise residential and the proposed development will also be compatible in terms of
form and density.
With respect to the traffic concerns, the applicant submitted the required Transportation Impact
Study and this was reviewed by both City and Regional staff. As circulated to the residents in
October of 2007, the traffic study has concluded that there are no road improvements required
to accommodate the development and proposed traffic volumes from the development will be
will below the expected volumes on Mill Street.
• 2 of the written responses expressed support for the proposed development.
• 1 of the written responses advised no comments to add at this time but would appreciate
further notification of meetings.
In summary, in response to the circulation of the revised proposal and information on the
Transportation Impact Study, the number of written responses expressing concerns and issues
with respect to the development proposal decreased by half (12 to 6). Planning staff are of the
opinion that the proposed development in terms of height and density will be compatible with the
neighbourhood and concerns related to traffic and relationship issues have been dealt with or
will be dealt with through the site plan approval process.
FINANCIAL IMPLICATIONS:
None.
COMMUNICATIONS:
Preliminary circulation of the proposed municipal plan amendment and zone change
applications was undertaken on November 20, 2006 to all prescribed agencies/public bodies
and to all property owners within 120 metres of the subject lands. As a result of the circulation of
the applications, staff received 15 written responses and several telephone calls. Of the 15
written responses, 12 of the responses expressed concernslissuestyith respect to the proposed
development.
Due to the number of written responses and telephone calls, and the types of concerns and
issues that were expressed by the property owners, City Staff with the applicant and Ward
Councillor held a Neighbourhood Information meeting to discuss the applications on March 21,
9
2007. There were 20 people that attended that meeting. After the neighbourhood meeting, staff
received one written letter from a resident following up from the meeting.
In an attempt to try and address some of the concerns expressed at the neighbourhood
meeting, the applicant revised their development proposal. On October 11, 2007 City Staff sent
out a letter advising of the revisions and of the results of the Traffic Impact Study to all the
property owners within 120 metres of the subject lands. As a result of this circulation, staff
received 7 written responses and a couple of phone calls.
Notice of the December 3, 2007 public meeting of the Development and Technical Services
Committee was advertised in The Record on November 9, 2007. A copy of the advertisement is
attached. All persons who inquired or responded to the preliminary circulation, attended the
neighbourhood meeting and who responded to the circulation of the revised proposal, were
notified of the date of the public meeting and mailed a copy of this staff report.
CONCLUSION:
Based on the foregoing, the Municipal Plan Amendment and Zone Change are considered
appropriate for the redevelopment and use of the land and the resulting development will be
compatible with the surrounding area. The amendment and zone change comply with the
Regional Official Policies Plan, are consistent with the Provincial Policy Statement and the
Province's `Places to Grow' Plan and would help implement the objectives of the Regional
Growth Management Strategy.
Tina Malone-Wright, MCIP, RPP Alain Pinard, MCIP, RPP
Senior Planner Manager of Long Range and Policy Planning
Della Ross, MCIP, RPP Jeff Willmer, MCIP, RPP
Manager of Development Review Director of Planning
Atta~hmPntc•
Appendix "A" Newspaper Advertisement
Appendix "B" Concept Site Plan & Elevations
Appendix "C" Proposed Municipal Plan Amendment
Appendix "D" Proposed Zoning By-law
Appendix "E" Preliminary Circulation and Department/Agency Comments
Appendix "F" Community Input From November 20, 2006 Preliminary Circulation
Appendix "G" Community Input From Neighbourhood Meeting March 21, 2007
Appendix "H" Community Input From Circulation of Revised Proposal dated October 11, 2007
10
APPENDIX `A'
Councillor Christina Weylie
West Victoria Park Ward
M P 06/08/M/TMW
ZC 061261M/TMW
1682320 Ontario Limited
Advertised in The Record -November 9, 2007
CITY OF KITCHENER
COMMITTEE OF COUNCIL DEALING WITH PLANNING MATTERS
Invites
PROPERTY OWNERS AND INTERESTED PARTIES
To attend a
PUBLIC MEETING
TO DISCUSS A
PROPOSED MUNICIPAL PLAN AMENDMENT
UNDER SECTIONS 17 AND 22 OF THE PLANNING ACT
AND A PROPOSED ZONING BY-LAW
UNDER SECTION 34 OF THE PLANNING ACT
342 M i I I Street
The subject property is currently designated General Industrial in the City's Municipal Plan and is
currently zoned General Industrial Zone (M-2) with Special Regulation 1 R and Special Use
Provision 159U. The applicant proposes to change the land use designation to Low Density
Commercial Residential and the zoning to Commercial Residential One Zone (CR-1) with Special
Regulation Provision 1 R and Special Regulation Provision 475R to facilitate the development of the
site with an eight storey apartment building having 106 dwelling units and 34 townhouse dwellings.
The effect of Special Regulation Provision 475R would be to permit a parking garage structure to
be located approximately 0.6 metres from the rear lot line whereas the `CR-1' zone requires 7.5
metres.
The public meeting will be held by the City's DEVELOPMENT AND TECHNICAL SERVICES
COMMITTEE, a Committee of Council dealing with planning matters, on MONDAY, DECEMBER
3, 2007 AT 7:00 P.M. IN THE COUNCIL CHAMBERS, 2ND FLOOR, CITY HALL, 200 KING
STREET WEST, KITCHENER.
Any persons may attend the Public Meeting and make written and/or verbal representation either in
support of or in opposition to the proposed Municipal Plan Amendment and proposed Zoning By-
law. If a person or public body that files a notice of appeal of a decision of The Regional
Municipality of Waterloo in respect of the proposed municipal plan amendment, or that files
a notice of appeal of a decision of the City of Kitchener in respect of the proposed zoning
by-law, does not make oral submissions at a public meeting or make written submissions
to the City of Kitchener before the proposed municipal plan amendment and proposed
zoning by-law are adopted by City Council, the Ontario Municipal Board may dismiss all or
part of the appeal.
11
If you wish to be notified of the adoption of the proposed municipal plan amendment, you
must make a written request to:
Mr. Randy Gosse, City Clerk
The City of Kitchener
City Hall, P.O. Box 1118
200 King Street West
Kitchener, Ontario
N2G 4G7
ADDITIONAL INFORMATION relating to the proposed Municipal Plan Amendment and Zoning
By-law is available for inspection between 8:30 a.m. and 5:00 p.m. at the Department of
Development and Technical Services, Planning Division, 6th Floor, City Hall, 200 King Street West,
Kitchener.
Tina Malone-Wright, MCIP, RPP
Senior Planner
741-2765 (TTY-TDD - 741-2385)
ti na. malonewrig ht@kitchener. ca
12
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AMENDMENT NO. TO THE MUNICIPAL PLAN
OF THE CITY OF KITCHENER
1682320 ONTARIO LIMITED -
342 MILL STREET
AMENDMENT NO. TO THE MUNICIPAL PLAN
OF THE CITY OF KITCHENER
1682320 ONTARIO LIMITED -
342 MILL STREET
TNnFX
SECTION 1 TITLE AND COMPONENTS
SECTION 2 PURPOSE OF THE AMENDMENT
SECTION 3 BASIS OF THE AMENDMENT
SECTION 4 THE AMENDMENT
SCHEDULE `A' Amendment to Map 12 -Mill Courtland Woodside Park
Neighbourhood Plan For Land Use Plan
APPENDICES
APPENDIX 1 Notice of Public Meeting of Development and Technical
Services Committee -December 3, 2007
APPENDIX 2 Minutes of the December 3, 2007 Public Meeting of the
Development and Technical Services Committee
APPENDIX 3 Minutes ofCouncil - , 2007
AMENDMENT NO. TO THE MUNICIPAL PLAN
OF THE CITY OF KITCHENER
SECTION 1-TITLE AND COMPONENTS
This Amendment shall be referred to as Amendment No. _ to the Municipal Plan of the City of
Kitchener. Sections 1 to 4 inclusive of this document shall constitute the Amendment.
SECTION 2 -PURPOSE OF THE AMENDMENT
The purpose of the amendment is to redesignate the subject property to `Low Density
Commercial Residential' to facilitate the development of the property with an 8 storey apartment
building having 106 dwelling units and 34 townhomes.
SECTION 3 -BASIS OF THE AMENDMENT
Provincial Policy Statement/Places To Grow Plan
In 2005 with the new Provincial Policy Statement and in 2006 with the Places To Grow Plan the
Province of Ontario identified the preservation of employment lands as a matter of provincial
interest. In order to protect employment lands, policies were put in place to require a
comprehensive review of employment areas to ensure municipalities would have sufficient
employment lands in relation to current and projected needs over the long term.
This municipal plan amendment application is subject to both the policies of the Provincial
Policy Statement and the Places To Grow Plan. The Provincial Policy Statement provides overall
policy direction on matters of provincial interest related to land use and development. The Places
To Grow Plan informs decision making regarding growth management in the Greater Golden
Horseshoe. The Places To Grow Plan is read in conjunction with the PPS but where there is a
conflict in policy, the Place To Grow Plan prevails. As stated both documents identify
employment lands as matters of provincial interest. Section 2.2.6.5 of the Places To Grow Plan,
which is more restrictive, states that Municipalities may permit the conversion of lands within
employment areas to non-employment uses, only through a municipal comprehensive review
where it has been demonstrated that:
a) there is a need for the conversion
b) the municipality will meet the employment forecasts allocated to the municipality
c) the conversion will not adversely affect the overall viability of the employment area and
achievement of the intensification target, density targets and other policies of the plan.
d) there is existing or planned infrastructure to accommodate the proposed conversion
e) the lands are not required over the long term for the employment purposes for which they
are designated
~ cross jurisdictional issues have been considered
In the fall of 2006, City of Kitchener Planning staff, along with other planning staff from
municipalities within the Region of Waterloo met with Regional Planning staff to develop a
common understanding and interpretation of the employment area conversion policies of the
Provincial Policy Statement and the Place To Grow Plan. The working group determined that the
comprehensive review process could be completed in 2 phases. Through the first phase of the
comprehensive review, properties would be evaluated against four criteria to identify whether
they could reasonably be exempted from the comprehensive review process while still meeting
the intent of the provincial policies. The second phase of the comprehensive review process
would be undertaken by the individual municipalities and would include a review of the
remaining employment lands within the municipal boundaries to determine whether they are
appropriate and needed to meet the municipality's future needs based on growth forecasts and
planning objectives.
A two phase process to deal with the employment area policies in the PPS and Places To Grow
was adopted by Regional Council on January 17, 2007. The recommendations in the report allow
the processing of individual applications proposing the conversion of employment lands to non-
employment type uses prior to municipalities completing Phase 2 of the comprehensive review
process.
In considering the criteria, staff are of the opinion that criteria iii) and iv) can be applied to the
subject application.
111) The subject lands consist of remnant parcels located within an area where the local
municipality determines a land use transition has already taken place to an extent to
sufficient to warrant conversion of the entire area;
Both the subject property at 342 Mill Street and one of the adjacent properties at 400 Mill Street
are designated `General Industrial' . These two properties are effectively separated from other
properties designated for industrial uses due to the location of the railway to the north of these
lands, residentially designated and developed lands to the south and east, and the Shoemaker
Greenway to the west. For many years the subject property has been underutilized as an
industrial property, most likely due to its configuration and access to Mill Street (lack of
visibility) and its proximity to single family residential uses on Mill Street.
Given its location, size and configuration, Planning staff are of the opinion that this is a remnant
parcel of industrial land which would be better utilized for uses other than industrial uses.
iv) The local municipality, in consultation with the Region in its role as the designate of the
Province relating to land-use compatibility, has determined that the subject parcels are
effectively surrounded by uses which are sensitive to and would be or are negatively
impacted by the establishment or continuation of industrial activities.
The intent of the `General Industrial' designation in the Mill Courtland Woodside Park
Secondary Plan is to permit a broad range of industrial uses, some of which by virtue of their
operation or site utilization, require appropriate buffering to mitigate potential impacts on
residential areas. The `General Industrial' designation is applicable to inner-city and other
established industrial areas and certain undeveloped areas appropriately buffered from residential
uses.
One of the primary objectives of the `General Industrial' land use designation is to recognize and
provide for the continued operation of the existing industrial operations, some of which would
not normally be encouraged to locate in an inner-city setting.
As discussed above the subject property is really separate from other industrially designated
lands given the railway, the Shoemaker Greenway, and the residential uses on Mill Street. It has
been largely underutilized as an industrial property and the appropriateness of the `General
Industrial' designation is questionable given this undeveloped area is not adequately buffered
from residential uses and the designation is not recognizing a continuation of a viable industrial
use of the lands.
It is Planning Staff's opinion that the subject property would be better suited to other uses rather
than industrial uses. In reviewing the types of industrial uses that would be permitted to locate on
these lands under the current zoning, these types of industrial uses would be better located in
areas which are not adjacent to single family residential.
This property is effectively surrounded by uses which are sensitive to and would be or are
negatively impacted by the establishment or continuation of industrial activities.
Regional Planning staff have stated that they have no objections to the proposed municipal plan
amendment and based on the criteria as noted above, the subject amendment is consistent with
the provincial policies.
City's Municipal Plan
The subject property is currently designated `General Industrial' in the Mill Courtland-Woodside
Park Secondary Plan in the City's Municipal plan. The amendment proposes to change the
designation of the subj ect property to `Low Density Commercial Residential' .
The intent of this designation is to recognize existing areas of small scale commercial and
residential development as well as to allow for the low rise, low density redevelopment of such
areas with commercial, institutional, and residential uses. This designation is also intended to
create transitional or buffer areas between some industrial and surrounding residential uses.
Permitted residential uses include single detached dwellings, semi-detached dwellings, duplex
dwellings, multiple dwellings (apartment buildings), lodging houses, home businesses, private
home daycare, and small and large residential care facilities.
The maximum residential density shall be limited to 100 units per hectare with a Floor Space
Ratio of 1.0.
Permitted commercial uses are restricted to offices, health clinics, funeral homes, financial
establishments, educational establishments, religious institutions, medical laboratories, studios,
day care facilities, tourist homes, and a limited amount of personal services and convenience
retail. Personal services and small convenience retail must be internal to a large residential,
commercial or mixed-use building.
The redesignation of the subject property will create atransitional/buffer area between the
industrial uses to the north across the railway (the existing Schneider's property) and the existing
residential uses on Mill Street. The residential land uses permitted by the `Low Density
Commercial Residential' designation are compatible with the existing residential designations
and uses on Mill Street. The redesignation will facilitate the redevelopment of the subject
property with a low to medium residential use, having an FSR no greater than 1.0, that will
provide additional housing options for the residents of Kitchener.
The City of Kitchener Municipal Plan favours a land use pattern which mixes and disperses a full
range of housing types both across the City as a whole and within neighbourhoods. To support
the successful integration of different housing types the City shall apply principles of community
and site design emphasizing compatibility of building form with respect to massing, scale, design
and relationship of housing to adj acent buildings, streets and exterior areas.
The applicants in conjunction with Planning staff have worked at providing a concept for
residential development that can be successfully integrated into the neighbourhood.
The Municipal Plan also states that the City of Kitchener shall safeguard the integrity of
residential land uses which are adjacent to industry, commercial, or institutional buildings,
through screening, berming, fencing or landscaping. Further the city shall encourage the
separation of industrial traffic from residential traffic where possible.
The redesignation of the subject property will contribute to safeguarding the residential uses on
Mill Street and will also help redirect what would be industrial traffic on Mill Street to other
areas of the City.
Based on the foregoing, the Municipal Plan Amendment is considered appropriate for the
redevelopment and use of the subject property and would be compatible with the surrounding
lands. The amendment is consistent with the objectives of the Provincial Policy Statement, Places
To Grow Plan and complies with the Regional Official Policies Plan.
SECTION 4 -THE AMENDMENT
The Municipal Plan for the City of Kitchener is hereby amended as follows:
1) Map 12 -Mill Courtland Woodside Park Neighbourhood Secondary Plan For Land Use
is amended by designating the lands to `Low Density Commercial Residential' instead of
`General Industrial' as shown on the attached Schedule `A', Mill Courtland Woodside
Park Neighbourhood Secondary Plan For Land Use.
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