ZBA22

"That City-initiated Zoning By-law amendment ZBA22/003/COK/RK to By-law 2019-051 (Comprehensive Review of Zoning By-law (CRoZBy) Stage 2b – Applying Residential Zones), be approved in the form shown in the “Proposed By-law” attached to Development Services Department report DSD-2022-088 as Appendix A, with the following modifications: That the Natural Heritage Conservation (NHC-1) zone be deleted and replaced with the Low Rise Residential One (RES-1) zone for 80, 86, 92, 96, 100 & 110 Trussler Road, and; That the Natural Heritage Conservation (NHC-1) zone be deleted and replaced with the Low Rise Residential Two (RES-2) zone for 106 Robertson Crescent; 9, 15, 19, 25, 27, 29, 33, 37, 41, 45, 49, 53, 57, 61 & 65 Yellow Birch Drive; 98, 102, 106, 110, 114, 118, 122, 126, 130, 134, 138, 142, 146, 150 & 154 Stonehenge Place; and 206, 210, 214, 218, 222, 226, 230, 234, 242, 246, 250, 254, 258, 262, 266, 270, 274, 278 & 282 Driftwood Drive, and; That the Natural Heritage Conservation (NHC-1) zone and Low Rise Residential One (RES-1) zone be

"That the report of the Planning and Strategic Initiatives Committee, dated June 13, 2022, listed as items 7.5.a and 7.5.b on the agenda this date, be adopted." 7.5.a Zoning By-law Amendment ZBA22/004/B/TS - Modification to Draft Approved Plan of Subdivision 30T-08206 - 1525 Bleams Road - Mattamy (South Estates) Limited, DSD-2022-257 "That Zoning By-law Amendment Application ZBA22/004/B/TS for Mattamy (South Estates) Limited, for the property municipally addressed as 1525 Bleams Road, be approved in the form shown in the “Proposed By-law”, and “Map No. 1”, attached to Development Services Department report DSD-2022-257 as Appendix “A”; and further, That the City of Kitchener, pursuant to Section 51 (44) of the Planning Act R.S.O. 1990, Chapter P 13 as amended, and Delegation By-law 2002-64, hereby modifies the conditions of draft approval for Plan of Subdivision Application 30T-08206, in the City of Kitchener, for Mattamy (South Estates) Limited, as attached to Report DSD 2022-257 as Appendix ‘B’."

"That Official Plan Amendment Application OPA22/006/R/TS for RFB Developments requesting the addition of Special Policy Area 11 for the lands specified and illustrated as the “Area of Amendment”, municipally addressed as 27 Roy Street, on Schedule “A”, be adopted in the form shown in the Official Plan Amendment attached to Report DSD-2022-407 as Attachment “A”, and accordingly forwarded to the Region of Waterloo for approval; and, That Zoning By-law Amendment Application ZBA22/010/R/TS for RFB Developments, requesting a change from Residential Five Zone (R-5) with Special Use Provision 164U to Residential Five Zone (R-5) with Special Use Provision 164U and Special Regulation Provision 781R, be approved in the “Proposed By-law” dated September 12, 2022, including an amendment to permit a fourth dwelling unit, for the lands illustrated on “Map No. 1” attached to Report DSD-2022-407 as Attachment “B”; and further, That pursuant to Section 34(17) of the Planning Act, R.S.O. 1990, c. P. 13, as amended, further notice is not required to be given in respect to Zoning By-law Amendment ZBA22/010/R/TS."

"That Official Plan Amendment Application OPA/22/005/O/CD for The St. Mary Coptic Orthodox Church, Kitchener, Ontario; Coptic Orthodox Patriarchate Saint Maurice Coptic requesting a change in land use designation from ‘Low Rise Residential’ to ‘Medium Rise Residential’ with Site Specific Policy Area No. 54 to permit a multiple residential dwelling development on the lands specified and illustrated on Schedule ‘A’, be adopted, in the form shown in the Official Plan Amendment attached to Report DSD-2022-401 as Appendix ‘A’, and accordingly forwarded to the Region of Waterloo for approval; and, That Zoning By-law Amendment Application ZBA22/008/O/CD for The St. Mary Coptic Orthodox Church, Kitchener, Ontario; Coptic Orthodox Patriarchate Saint Maurice Coptic be approved in the form shown in the ‘Proposed By-law’, and ‘Map No. 1’, attached to Report DSD-2022-401 as Appendix ‘A’; and further, That in accordance with Planning Act Section 45 (1.3 & 1.4), applications for minor variances shall be permitted for lands subject to Zoning By-law Amendment Application ZBA22/008/O/CD."

"That Official Plan Amendment Application OPA22/011/D/CD for The Knossos Housing Corporation of Waterloo Region requesting a change in land use designation from ‘Medium Density Multiple Residential’ to ‘Medium Density Multiple Residential’ with Special Policy Area 8 to permit a multiple residential dwelling development on the lands specified and illustrated on Schedule ‘A’, be adopted, in the form shown in the Official Plan Amendment attached to Report DSD-2022-448 as Appendix ‘A’, and accordingly forwarded to the Region of Waterloo for approval; and, That Zoning By-law Amendment Application ZBA22/018/D/CD for The Knossos Housing Corporation of Waterloo Region be approved in the form shown in the ‘Proposed By-law’, and ‘Map No. 1’, attached to Report DSD-2022-448 as Appendix ‘A’; and further, That in accordance with Planning Act Section 45 (1.3 & 1.4), applications for minor variances shall be permitted for lands subject to Zoning By-law Amendment Application ZBA22/018/D/CD."

"That the matter be deferred until January 30, 2023 to go back to Applicant and request clarification on what the Applicant can offer the existing tenants, the possibility to relocate them and pay comparable rents and, that the Region of Waterloo be requested to conduct a traffic study."

"That Zoning By-law Amendment Application ZBA22/009/O/ES requesting to amend Zoning By-law 85-1, for Ihor Dotsenko and Yuliya Dotsenko and 9474765 Canada Inc. be approved in the form shown in the Proposed ‘Proposed By-law’ as Amended at the December 19, 2022 Council meeting, and ‘Map No. 1’ attached to Report DSD-2022-461 as Attachment ‘A’; and, That Zoning By-law Amendment Application ZBA22/009/O/ES requesting to amend Zoning By-law 2019-051, for Ihor Dotsenko and Yuliya Dotsenko and 9474765 Canada Inc. be approved in the form shown in the Proposed ‘Proposed By-law’ as Amended at the December 19, 2022 Council meeting, and ‘Map No. 1’ attached to Report DSD-2022-461 as Attachment ‘A’; and, That the Proposed By-law to amend Zoning By-law 2019-051, as amended shall have no force and effect against the subject lands until the date that all appeals relating to By-law 2022-040 (Comprehensive Review of the Zoning By-law (CRoZBy) Stage 2b – Applying New Residential Zones on Properties) in relation to the subject lands have been

"That Official Plan Amendment Application OPA22/003/K/CD for Tricar Property Limited and 4220 King Street (Kitchener) Limited requesting a change in land use designations from ‘Commercial’ and ‘Commercial Campus’ to ‘Mixed Use’ with Site Specific Policy Area No. 57 to permit a high intensity mixed used development on the lands specified and illustrated on Schedule ‘A’, be adopted, in the form shown in the Official Plan Amendment attached to Development Services Department report DSD-2022-447 as Appendix ‘A’, and accordingly forwarded to the Region of Waterloo for approval; and, That Zoning By-law Amendment Application ZBA22/005/K/CD for Tricar Property Limited and 4220 King Street (Kitchener) Limited be approved in the form shown in the ‘Proposed By-law’ as amended to reference a Floor Space Ratio of 5.2, and ‘Map No. 1’, attached to Report DSD-2022-447 as Appendix ‘A’; and, That in accordance with Planning Act Section 45 (1.3 & 1.4), applications for minor variances shall be permitted for lands subject to Zoning By-law Amendment Application ZBA22/005/K/CD; and further, That pursuant to Section 34(17) of the Planning Act, R.S.O. 1990, c. P. 13, as amended, further notice is not required to be given in respect to Zoning By-law Amendment ZBA22/005/K/CD.”

"That the report of the Planning and Strategic Initiatives Committee, dated December 12, 2022, listed as items 7.2.a. to 7.2.f. on the agenda this date, be adopted." 7.2.a Zoning By-law Amendment ZBA22/009/O/ES, 1257-1265 Ottawa Street South, DSD-2022-461

"That Official Plan Amendment Application OPA22/02/F/BB for 2467491 Ontario Inc. requesting a change to the Land Use Designation on the parcel of land specified and illustrated on Schedule ‘A’, be adopted, in the form shown in the Official Plan Amendment as Appendix “A” to Development Services Department report DSD-2023-051, and be forwarded to the Region of Waterloo for approval; and, That Zoning By-law Amendment Application ZBA22/02/F/BB for 2467491 Ontario Inc. for the property municipally addressed as 142-146 Fergus Avenue, be approved in the form shown in the “Proposed By-law” and “Map No. 1” attached as Appendix “B” to Report DSD-2023-051; and, That the Urban Design Brief prepared by GSP Group Inc. and attached as Appendix “C” to report DSD-2023-051 be adopted, and that staff be directed to apply the Urban Design through the Site Plan Approval process."

"That Zoning By-law Amendment Application ZBA22/027/B/CD for Activa Holdings Inc . for a vacant parcel identified as Blocks 22, 25, 28 and part of blocks 20, 21, 23, 24, 26, 27, 29 Plan 58M-643 (Trussler West Subdivision) be approved in the form shown in the “Proposed By-law”, and “Map No. 1”, attached to Development Services Department Report, DSD-2023-054 as Appendix “A”."

"That Official Plan Amendment Application OPA22/10/C/BB for Cantiro Courtland GP requesting a change to the Land Use Designation on the parcel of land specified and illustrated on Schedule ‘A’, be adopted, in the form shown in the Official Plan Amendment attached to Development Services Department report DSD-2023-065 as Appendix ‘A’ and ‘A1’, as amended, and accordingly forwarded to the Region of Waterloo for approval; and, That Zoning By-law Amendment Application ZBA22/17/C/BB for Cantiro Courtland GP, for the property municipally addressed as 45-53 Courtland Avenue East, be approved in the form shown in the “Proposed By-law” and “Map No. 1” attached to Report DSD-2023-065 as Appendix ‘B’ and ‘B1’ and as amended; and further, That pursuant to Section 34(17) and of the Planning Act, R.S.O. 1990, c.P.13, as amended, and further notice if not required to be given in respect to Zoning By-law Amendment ZBA22/17/C/BB."

"That the report of the Planning and Strategic Initiatives Committee, dated April 3, 2023, listed as items 7.3.a to 7.3.b on the agenda this date, be adopted." 6.3.a Official Plan Amendment Application OPA22/015/C/KA and Zoning By-law Amendment Application ZBA22/026/C/KA, 265 Cotton Grass Street, Schlegel Urban Developments Corporation, DSD-2023-111 "That Official Plan Amendment Application OPA22/015/C/KA, Schlegel Urban Developments Corp. requesting a change to the Land Use Designation on the parcel of land specified and illustrated on Schedule ‘A’, for the property municipally addressed as 265 Cotton Grass Street be adopted, in the form shown in the Official Plan Amendment attached to Report DSD-2023-111 as Attachment “A”, and accordingly forwarded to the Region of Waterloo for approval; and further, That Zoning By-law Amendment Application ZBA22/026/C/KA for Schlegel Urban Developments Corp. be approved in the form shown in the “Proposed By-law” and “Map No. 1” attached to Report DSD-2023-111 as Attachment “B”."

"That Official Plan Amendment Application OPA22/001/K/KA for King Charles Properties (Kitchener) Limited, for the property municipally addressed as 1001 King Street East, requesting a land use designation change from ‘Mixed Use Corridor with Special Policy Area 1’ to ‘Mixed Use Corridor with Special Policy Area 10’ to permit a mixed use development on the lands specified and illustrated on Schedule ‘A’, be adopted, in the form shown in the Official Plan Amendment attached to Development Services Department report DSD-2023-151 as Appendix ‘A’, and accordingly forwarded to the Region of Waterloo for approval; and, That Zoning By-law Amendment Application ZBA22/001/K/KA for King Charles Properties (Kitchener) Limited be approved in the form shown in the ‘Proposed By-law’, and ‘Map No. 1’, attached to Report DSD-2023-151 as Appendix ‘B’; and further, That the Urban Design Brief for 1001 King Street East attached to Report DSD-2023-151 as Appendix ‘C’, be adopted."

"That Official Plan Amendment Application OPA21/010/L/AP for 550 Lancaster Inc. & 528 Lancaster Street West Inc. be adopted, in the form shown in the Official Plan Amendment attached to Report DSD-2023-193 as Attachments ‘A1’ ‘A2’ and ‘A3’, and, accordingly, forwarded to the Regional Municipality of Waterloo for approval; and, That Zoning By-law Amendment Application ZBA21/015/L/AP for 550 Lancaster Inc. & 528 Lancaster Street West Inc. be approved in the form shown in the Proposed By-law and Map No. 1, attached to Report DSD-2023-193, as Attachments ‘B1’ and ‘B2’, and as amended at the May 29, 2023, Council meeting; and, That the Urban Design Brief prepared by MHBC Planning, dated May 2022 (Revised March 2023), attached as Attachment ‘C’ to report DSD-2023-193 be endorsed, and that staff be directed to implement the Urban Design Brief through future Site Plan Approval processes, and at the discretion of the City’s Director of Planning, significant changes to the Urban Design Brief will be to the satisfaction of Council; and, That Zoning By-law Amendment Application ZBA22/023/B/AP for 550 Lancaster Inc. be approved in the form shown in the Proposed By-law and Map No. 1, attached to Report DSD-2023-193 as Attachments ‘G1’ and ‘G2’.", and as amended at the May 29, 2023, Council meeting, and, That in lieu of the movement and relocation of the existing homes at 544 and 546 Lancaster St. the City accept the alternative community benefits as outlined in the developer's commitments

it was resolved: "That the City of Kitchener, pursuant to Section 51 (31) of the Planning Act R.S.O. 1990, Chapter P 13 as amended, and delegation By-law 2002-64, grant draft approval to Plan of Subdivision Application 30T-22202 in the City of Kitchener, for the property municipally addressed as 1000 New Dundee Road, for Cachet Developments (New Dundee) Incorporated, subject to the conditions attached to Development Services Department report DSD-2023-237 as Appendix “A”, and further, That Zoning By-law Amendment Application ZBA22/021/N/KA to amend Zoning By-law 2019-051 for Cachet Developments (New Dundee) Incorporated, for the property municipally addressed as 1000 New Dundee Road be approved in the form shown in the “Proposed By-law” and “Map No. 1” attached to Development Services Department report DSD-2023-237 as Appendix “B”."

"That the report of the Planning and Strategic Initiatives Committee, dated June 19, 2023, listed as items 7.5.a to 7.5.h on the agenda this date, be adopted." 8.5.a Draft Plan of Condominium 30CDM-23202, 630 and 690 Benninger Drive, Activa Holdings Inc., DSD-2023-252 "That the City of Kitchener, pursuant to Section 51(31) of the Planning Act R.S.O. 1990, c.P.13, as amended, and By-law 2005-170, as amended by By-law 2007-042, hereby grants draft approval to Condominium Application 30CDM-23202 for the property municipally addressed as 630 and 690 Benninger Drive in the City of Kitchener, subject to the conditions shown in Appendix “A” of Development Services Department report DSD-2023-252."

"That Official Plan Amendment Application OPA/22/004/V/KA for 1936026 ONTARIO INC. requesting a land use designation change from ‘Mixed Use’ to ‘Mixed Use with ‘Specific Policy Area 7’ to permit a 25-storey mixed-use development on the lands specified and illustrated on Schedule ‘A’, be adopted, in the form shown in the Official Plan Amendment attached to Development Services Department report DSD-2023-365 as Appendix ‘A’, and accordingly forwarded to the Region of Waterloo for approval; and, That Zoning By-law Amendment Application ZBA22/006/V/KA for 1936026 ONTARIO INC., for the property municipally addressed as 130-142 Victoria Street South, be approved in the form shown in the ‘Proposed By-law’, and ‘Map No. 1’, attached to Development Services Department report DSD-2023-365 as Appendix ‘B’; and further, That the Development Concept as provided in the ‘Addendum to Urban Design Brief dated December 23, 2021, 130-142 Victoria Street South, Kitchener’, prepared by Arcadis Professional Services (Canada) Inc., and dated June 14, 2023, attached to Development Services Department report DSD-2023-365 as Appendix ‘F’ be endorsed."

"That Official Plan Amendment Application OPA22/014/N/BB for Klondike Homes Ltd. for the property municipally addressed as 404-430 New Dundee Road requesting a change from Low Rise Residential to Low Rise Residential with a site specific policy area on the parcel of land specified and illustrated on Schedule ‘A’, be adopted, in the form shown in the Official Plan Amendment as Attachment “A” attached to Development Services Department Report DSD-2024-023, and accordingly forwarded to the Region of Waterloo for approval; and, That Zoning By-law Amendment Application ZBA22/025/N/BB requesting to amend Zoning By-law 2019-051, for Klondike Homes Ltd. be approved as amended, in the form shown in the Proposed ‘Proposed By-law’, and ‘Map No. 1’ as Attachment ‘B’ attached to Development Services Department Report DSD-2024-023; and, That the Urban Design Brief, prepared by MHBC and attached as Attachment “C” in Development Services Department Report DSD-2024-023, be adopted, and that staff be directed to apply the Urban Design Report through the Site Plan Approval process; and further, That pursuant to Section 35(17) of the Planning Act, R.S.O. C P.13, as amended further notice is not required to be given in respect to Zoning By-law Amendment ZBA22/025/N/BB." In Favour (7): Mayor B. Vrbanovic, Councillor S. Davey, Councillor D. Schnider, Councillor P. Singh, Councillor B. Ioannidis, Councillor M. Johnston, and Councillor D. Chapman Contra (3): Councillor J. Deneault, Councillor C. Mich

"That Official Plan Amendment Application OPA/22/012/H/CD for the property municipally addressed as 490 Huron Road for 2517293 Ontario Inc. requesting to amend the text of Site-Specific Policy 15.D.12.40 to increase the maximum permitted height to 24 storeys on the lands specified and illustrated on Schedule ‘A’, be adopted, in the form shown in the Official Plan Amendment attached to Development Services Department report DSD-2024-060 as Attachment ‘A’, and accordingly forwarded to the Region of Waterloo for approval; and further, That Zoning By-law Amendment Application ZBA22/019/H/CD for 2517293 Ontario Inc. be approved in the form shown in the ‘Proposed By-law’, and ‘Map No. 1’, attached to Development Services Department report DSD-2023-299 as Attachment ‘B’."