Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: November 07, 2024
CASE NO(S).: OLT-23-000234
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: VanLegend Regina LP
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Description: To permit an 18-storey mixed use building
Reference Number: OPA 41
Property Address: 6 Regina St N, 24, 28, and 34 Erb St E
Municipality/UT: City of Waterloo
OLT Case No.: OLT-23-000234
OLT Lead Case No.: OLT-23-000234
OLT Case Name: VanLegend Regina LP v. Waterloo (City)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: VanLegend Regina LP
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit an 18-storey mixed use building
Reference Number: Z-22-12
Property Address: 6 Regina St N, 24, 28, and 34 Erb St E
Municipality/UT: City of Waterloo
OLT Case No.: OLT-23-000235
OLT Lead Case No.: OLT-23-000234
Heard: October 1, 2024 by video hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| VanLegend Regina LP | Jennifer Meader |
| City of Waterloo | Susan Smith |
| Regional Municipality of Waterloo | Fiona McCrea |
MEMORANDUM OF ORAL DECISION DELIVERED BY S. BOBKA ON OCTOBER 1, 2024 AND ORDER OF THE TRIBUNAL
Link to Order
INTRODUCTION
1These Appeals arise following the City of Waterloo’s (“City”) failure to render decisions within the required time period on applications by VanLegend Regina LP (“Applicant”) for an Official Plan Amendment (“OPA”) and a Zoning By-law Amendment (“ZBA”) with respect to lands municipally known as 6 Regina Street North and 24, 28 and 34 Erb Street East in the City (together the “Subject Lands”).
2The Parties have come to agreement and appeared before the Tribunal to jointly present a settlement for consideration. The revised development proposal is generally described as:
a. The demolition of the existing commercial buildings and development of a mixed-use, multi-storey building consisting of a tower on a defined podium with a maximum tower height of 25 storeys inclusive of the podium, containing 289 dwelling units, a maximum density of 1,578 bedrooms per hectare (“ha”) and 500 square metres (“sq. m”) of commercial space at grade oriented to Erb Street East;
b. An enhanced public realm along the Regina Street North and Erb Street East streetscape; and,
c. High quality architectural design consistent with the plans and drawings as presented in Schedule B of the Minutes of Settlement.
PROPOSED INSTRUMENTS
3The Parties agreed, through the Minutes of Settlement, to the Proposed OPA and the Proposed ZBA.
4The Proposed OPA will:
a. Redesignate 6 Regina Street North from “Medium Density, 20 m” to “High Density, 81 m” (to align with the rest of the site which is already designated “High Density, 81 m”);
b. Designate the lands as Specific Provision Area 83; and,
c. Establish Specific Provision Area 83 policies.
5The Proposed ZBA will:
a. Rezone a portion of the Subject Lands (6 Regina Street North) from Uptown Commercial Core-20 (U1-20) to Uptown Commercial Core-81 (U1-81) with the site-specific provisions;
b. Rezone a portion of the Subject Lands (24, 28 and 34 Erb Street East) from Uptown Commercial Core-60 (U1-60) to Uptown Commercial Core-81 (U1- 81) with the site-specific provisions;
c. Require a Flood Emergency Plan, which is defined in the Proposed ZBA, prior to site plan approval; and,
d. Establish several site-specific zoning regulations.
HEARING
6The Tribunal confirms that it has received, reviewed and considered the following materials and submissions:
a. the oral testimony and comprehensive sworn Affidavit of Jennifer Voss, a Registered Professional Planner retained by the Applicant;
b. the oral testimony and comprehensive sworn Affidavit of Wendy Fisher, a Registered Professional Planner with the City;
c. the Minutes of Settlement executed as of August 1, 2024;
d. the Participant Statement of Andrew Abouchar in support of the proposed development;
e. the Parties’ oral submissions in support of the settlement;
f. the final instruments, submitted by the Parties, on consent; and
g. the draft Order, submitted by the Parties, on consent.
7Upon review of their respective Curricula Vitae and signed Acknowledgment of Expert’s Duty forms, the Tribunal qualified both Ms. Voss and Ms. Fisher to provide expert opinion evidence in Land Use Planning.
8It was the uncontroverted summary opinion of the witnesses that the Proposed OPA and ZBA before the Tribunal have regard for the matters of Provincial interest in s. 2 of the Planning Act, and conform with the Regional Municipality of Waterloo’s Official Plan (“ROP”) and the City’s Official Plan (“OP”). The Tribunal also heard evidence that the proposed instruments are consistent with both the Provincial Policy Statement, 2020 (“PPS, 2020”) and the Provincial Planning Statement, 2024 (“PPS 2024”), and conform to the Growth Plan for the Greater Golden Horseshoe (“Growth Plan”). The witnesses each provided a comprehensive policy analysis throughout their oral and written evidence. They also agreed that the settlement proposal and proposed instruments represent good planning and are in the public interest.
9Both Ms. Voss and Ms. Fisher detailed the key differences between the original proposal and the settlement proposed, including the following:
| Feature | Original Proposal | Revised Development |
|---|---|---|
| Maximum building height (inclusive of podium) | 18 storeys | 25 storeys (with more slender massing) |
| Dwelling units (bedrooms) | 218 dwelling units (245 bedrooms) | 289 dwelling units (352 bedrooms) |
| Density | 1,097 bedrooms per ha | 1,578 bedrooms per ha |
| Commercial space at grade | 493 sq. m | 500 sq. m |
| Office space | 1,963 sq. m (on Level 4) | 0 sq. m |
| Parking spaces | 122 spaces (Levels 1-3) | 163 spaces (Levels 1-4) |
| Bicycle parking spaces | 146 spaces | 178 spaces |
10Ms. Fisher highlighted other key modifications including that:
a. The tower dimension (width) has been reduced from 53.2 m to 46.5 m on Levels 6 to 25;
b. The tower dimension (width) has increased to 59.85 m and the tower footprint has increased to 1,080 sq. m on Level 5 to accommodate an enlarged indoor amenity area;
c. Balconies on the Erb Street façade have been separated, with the Level 6 and 7 balconies projecting into the tower stepback above the podium by approximately 1.6 m;
d. Architectural (V-shaped) balconies have been added to Levels 8 to 25 which, on the Erb Street façade, project into the tower stepback above the podium by approximately 1.9 m (due to their angular shape); and,
e. The number of two-bedroom units has increased, and a number of three-bedroom units have been added.
11As described by the witnesses, the proposal’s increase in height, decrease in the tower dimension, and modification of the balconies results in a taller, more slender, and less bulky tower that better aligns with the City’s built form regulations. The proposal will also enhance the public realm along both the Erb Street East and Regina Street North streetscapes.
12It was also explained that the City submitted a request for joint-ministerial approval to the Minister of Municipal Affairs and Housing (“MMAH”) and the Minister of Natural Resources, requesting approval of the proposed OPA, pursuant to Policy 3.1.4(a) of the PPS, 2020, for the portion of the Subject Lands within the Laurel/Clair Special Policy Area. Paul Calandra, the Minister of MMAH, advised in a letter to the City, dated August 29, 2024, that it was determined that PPS, 2020 Policy 3.1.4(a) had been satisfactorily addressed and that joint-ministerial approval was granted. The letter also confirmed that if the current Ontario Land Tribunal Decision was subject to policy 5.2.5(a) of the new PPS, 2024, that approval by the Ministers of the Proposed OPA continues to apply.
FINDINGS
13The Tribunal accepts the uncontroverted opinion evidence of Ms. Voss and Ms. Fisher, and similarly finds that the proposed OPA and ZBA have regard to the applicable matters of Provincial interest as found in s. 2 of the Act, are consistent with the PPS, 2020 and PPS, 2024, conform to the Growth Plan, conform to the ROP and OP, and otherwise reflect principles of good land use planning in the public interest.
14The Tribunal finds that the proposal supports residential intensification, will create a range of housing options in an appropriate location planned for growth, and is of an appropriate type and scale. In addition, the proposal features a compact, well-designed built form, supports transit and active transportation modes, and efficiently utilizes existing and planned municipal infrastructure.
15The Tribunal has reviewed the Participant Statement of Mr. Abouchar, who is in favour of the proposal, and is satisfied that the settlement proposal addresses his support for the project.
ORDER
16THE TRIBUNAL ORDERS THAT the Appeals are allowed, in part, and:
a. the Official Plan of the City of Waterloo is amended as set out in Appendix A to this Order; and
b. By-law No. 2018-050 is hereby amended as set out in Appendix B to this Order. The Tribunal authorizes the Municipal Clerk of the City of Waterloo to assign a number to this by-law for record-keeping purposes.
17AND THE TRIBUNAL ORDERS THAT in the event there are issues arising from the implementation of this Order, the Tribunal may be spoken to.
18AND THE TRIBUNAL FURTHER ORDERS THAT, pursuant to Rule 24.3 of the Tribunal’s Rules of Practice and Procedure, notwithstanding the eventual date of the formal issuance of this Order, it shall be, and was, effective as of October 1, 2024, which is the date that the Tribunal received and considered the evidence in support of the request for the Final Order in this proceeding and determined that the OPA and ZBA warrant approval.
“S. Bobka”
S. BOBKA
MEMBER
Ontario Land Tribunal
Website: www.olt.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248
The Conservation Review Board, the Environmental Review Tribunal, the Local Planning Appeal Tribunal and the Mining and Lands Tribunal are amalgamated and continued as the Ontario Land Tribunal (“Tribunal”). Any reference to the preceding tribunals or the former Ontario Municipal Board is deemed to be a reference to the Tribunal.
APPENDIX A
Official Plan of the
City of Waterloo Planning Area
Amendment No. 41
The explanatory text and amending schedule constituting Amendment No. 41 to the Official Plan for the City of Waterloo Planning Area was adopted by Order of the Ontario Land Tribunal (OLT-23-000234) by By-law No. 2024 - · in accordance with the provisions of Sections 17 and 21 of the Planning Act, R.S.O. 1990, and amendments thereto, on the · day of ·, 2024.
OLT-23-000234
Mayor
D. McCabe
OLT-23-000234
City Clerk
J. Finley-Swaren
THE CORPORATION OF THE CITY OF WATERLOO
BY-LAW NO. 2024 -
BY-LAW TO AMEND THE Official Plan of
the City of Waterloo Planning Area
THE MUNICIPAL COUNCIL OF THE CORPORATION OF THE CITY OF WATERLOO, IN ACCORDANCE WITH THE PROVISIONS OF SECTION 17 AND 21 OF THE PLANNING ACT, R.S.O. 1990 AND AMENDMENTS THERETO, BY ORDER OF THE ONTARIO LAND TRIBUNAL, CASE NO. OLT-23-000234, HEREBY ENACTS AS FOLLOWS:
The explanatory text and amending schedule constituting Amendment No. 41 to the Official Plan of the City of Waterloo Planning Area is hereby adopted.
This by-law shall come into force and effect on the date of its final passing.
Enacted this · day of ·, 2024.
OLT-23-000234
D. McCabe, Mayor
OLT-23-000234
J. Finley-Swaren, City Clerk
Amendment No. 41 to the Official Plan
of the City of Waterloo Planning Area
PART A - The Preamble does not constitute part of this amendment.
PART B - The Amendment, consisting of the explanatory text and amending schedule constitutes Amendment No. 41 of the Official Plan of the City of Waterloo Planning Area
PART A – The Preamble
Location:
6 Regina St. N., 24, 28, 34 Erb St. E. (the “Lands”)
Purpose:
To re-designate a portion of the Lands, being the lands known municipally as 6 Regina Street North, from “Medium Density, 20 Metres” to “High Density, 81 Metres” on Schedule B1, and to establish a Specific Provision Area for the Lands as described in Part B, Item 3 of OPA 41.
Basis:
The basis of the amendment is to facilitate the redevelopment of the Lands for a multi-storey, mixed-used development consisting of a tower on a defined podium, with a maximum height of 25 storeys inclusive of the podium, containing 289 dwelling units, a maximum density of 1,578 bedrooms per hectare, and 500 square metres of commercial space at grade and oriented to Erb Street East.
PART B – The AMENDMENT
All of this part of the document entitled PART B – THE AMENDMENT consisting of the following explanatory text and amending schedule, referred to as “Details of the Amendment”, constitutes Amendment No. 41 to the Official Plan of the City of Waterloo Planning Area.
Details of the amendmENt
The Official Plan of the City of Waterloo Planning Area is hereby amended as follows:
Item (1): Schedule ‘B1’ (Height and Density) is hereby amended by re-designating the lands identified as 6 Regina Street North on Schedule ‘A’ attached hereto from “Medium Density, 20 metres” to “High Density, 81 metres”.
Item (2): Schedule ‘A6’ (Specific Provision Areas) is hereby amended by designating the lands identified as “Lands subject to Official Plan Amendment No. 41” on Schedule ‘A’ attached hereto as “SPA 83”.
Item (3): Section 11.1, Specific Provision Area Policies, of the Official Plan, is hereby amended by adding the following Specific Provision Area:
11.1.83 Specific Provision Area 83 (6 Regina Street North and 24, 28 & 34 Erb Street East)
(1) The policies of Specific Provision Area 83 (SPA 83) shall apply to lands known municipally as 6 Regina Street North and 24, 28 & 34 Erb Street East, shown as SPA 83 on Schedule ‘A6’ – Specific Provision Areas.
(2) Notwithstanding anything to the contrary, the maximum density shall be 1,578 bedrooms per hectare and 289 dwelling units.
(3) Notwithstanding anything to the contrary, underground parking shall not be permitted.
(4) A flood risk assessment shall be required for development on the lands, to the satisfaction of the City.
(5) Requirements for a building-specific Flood Emergency Plan shall be addressed through the implementing zoning by-law.
SCHEDULE ‘A’
This is Schedule ‘A’ to OPA No. 41 approved by the
Ontario Land Tribunal on _____ day of _______, A.D. 2024
APPENDIX B
DRAFT ZONING BY-LAW AMENDMENT
EXPLANATORY NOTE
By-law No. 2024 - ______
Amendment to ZBL 2018-050
Zoning By-law Amendment Z-22-12
6 Regina Street North & 24, 28, and 34 Erb Street East
VanLegend Regina LP
Ontario Land Tribunal: OLT Case Nos. OLT-23-000234 & OLT-23-000235
Official Plan Amendment No. 41
By-law 2018-050 is a Zoning By-law controlling land use development within the City of Waterloo. By-law 2024 - ______ amends By-law 2018-050 for the lands known municipally as 6 Regina Street North & 24, 28, and 34 Erb Street East (the “Lands”), as shown on the attached Key Map.
The purpose of the amending by-law is to rezone the Lands from “Uptown Commercial Core 20” (U1-20) and “Uptown Commercial Core 60” (U1-60), to “Uptown Commercial Core 81” (U1-81) with site specific provisions. The site specific regulations include increased height of a parapet and a combined rooftop penthouse and mechanical room, increased density, reduced tower separation setbacks, reduced rear yard setback, reduced stepback (along the Erb Street frontage), permission for a small encroachment of the building into the City’s daylight triangle, increased horizontal tower dimension, increased tower footprint (for Storey 5 only), exemption from the common outdoor area requirements, permission for a water meter room and switchgear room to be located on the front building façade, permission for stacked bicycle parking and flood related provisions.
If you require further information or have any questions, please contact the City of Waterloo’s Planning Division at 519-747-8752.
Prepared By:
Development Planning Division
Integrated Planning & Public Works Department
City of Waterloo
KEY MAP
THE CORPORATION OF THE CITY OF WATERLOO
BY-LAW NO. 2024 –
BY-LAW TO AMEND BY-LAW NO. 2018-050, BEING A ZONING BY-LAW CONTROLLING LAND USE DEVELOPMENT WITHIN THE CITY OF WATERLOO
6 Regina Street North & 24, 28, and 34 Erb Street East
WHEREAS:
By-law 2018-050 was passed by the Council of The Corporation of the City of Waterloo on September 10, 2018 and is in full force and effect.
The City of Waterloo and VanLegend Regina LP (by its general partner, VanLegend Regina GP Corp.) entered into Minutes of Settlement dated August 1, 2024 to resolve the appeal to the Ontario Land Tribunal in relation to the Lands, the appeal being assigned Case Nos. OLT-23-000234 & OLT-23-000235.
The Ontario Land Tribunal deems it desirable to amend City of Waterloo By-law No. 2018-050 with respect to the Lands identified on the attached Schedule ‘A’ in accordance with the provisions of this by-law.
THEREFORE THE MUNICIPAL COUNCIL OF THE CORPORATION OF THE CITY OF WATERLOO, BY ORDER OF THE ONTARIO LAND TRIBUNAL, CASE NOS. OLT-23-000234 AND OLT-23-000235, ENACTS AS FOLLOWS:
That Zoning By-law 2018-050 is hereby amended by changing the zoning category as shown on the Zoning Map attached to the said By-law 2018-050 as Schedule ‘A’, for the lands identified as ‘Area A’ and ‘Area B’ on Schedule ‘B’ attached hereto, from Uptown Commercial Core 20 (U1-20) to Uptown Commercial Core 81 (U1-81) with site specific provisions as contained herein.
That Zoning By-law 2018-050 is hereby amended by changing the zoning on the zoning map attached to the said By-law 2018-050 as Schedule ‘A’ for the lands identified as ‘Area C’ on Schedule ‘B’ attached hereto, from Uptown Commercial Core 60 (U1-60) to Uptown Commercial Core 81 (U1-81) with site specific provisions as contained herein.
That Zoning By-law 2018-050 is hereby amended by adding “C266” to Schedule ‘C’ of said By-law 2018-050, which is applicable to the lands identified on Schedule ‘A’ attached hereto as “6 Regina St N and 24, 28, and 34 Erb St E”, as set forth in Schedule ‘C’ attached hereto.
That Zoning By-law 2018-050 is hereby amended by adding “C266” to the Zoning Map attached to the said By-law 2018-050 as Schedule ‘C1’ for the lands identified on Schedule ‘A’ attached hereto as “6 Regina St N and 24, 28, and 34 Erb St E”.
This by-law shall come into force and effect on the date of its final passing thereof by Order of the Ontario Land Tribunal and the final passing of Amendment No. 41 to the Official Plan of the City of Waterloo Planning Area by the Ontario Land Tribunal, and in accordance with the Planning Act, R.S.O. 1990 c.P.23 and amendments thereto.
Enacted this day of __________, 2024.
OLT-23-000234
D. McCabe, Mayor
OLT-23-000234
J. Finley-Swaren, City Clerk
Schedule ‘A’
This is Schedule ‘A’ to By-law No. 2024 - ___ passed this ___ day of _________, 2024.
Schedule ‘B’
This is Schedule ‘B’ to By-law No. 2024 - ___ passed this ___ day of _________, 2024.
Schedule ‘C’
This is Schedule ‘C’ to By-law No. 2024 - ______ passed this _____ day of ____________, 2024.
Exception C266
Address 6 Regina Street North & 24, 28, and 34 Erb Street East
Zoning U1-81
File Reference OPA 41 Z-22-12 OLT-23-000234 OLT-23-000235
Location: 6 Regina Street North & 24, 28, and 34 Erb Street East as shown on Schedule ‘A’ to By-law No. 2024-XXX
Site Specific Regulations:
a) Notwithstanding anything to the contrary, the following site specific provisions shall apply to 6 Regina Street North & 24, 28, and 34 Erb Street East (the “Lands”):
i. BUILDING HEIGHT (maximum):
A. Area A on Image 1 herein: 16.2 metres and 4 STOREYS
B. Areas B and C on Image 1 herein: 81 metres and 25 STOREYS
C. PODIUM Height: 16.2 metres and 4 STOREYS
D. TOWER Height (inclusive of PODIUM): 81 metres and 25 STOREYS
E. Rooftop Parapet (maximum height): 2.5 metres
F. A combined mechanical and elevator penthouse (maximum height): 6 metres, provided the combined rooftop mechanical and elevator penthouse does not contain habitable floor space.
ii. Density (maximum): 1,578 BEDROOMS per hectare and 289 DWELLING UNITS
iii. REAR YARD setback (minimum): 0.44 metres
iv. TOWER Separation, measured from the exterior face of the BUILDING, including balconies (minimum):
A. To the northerly INTERIOR LOT LINE/SIDE LOT LINE as shown on Image 2 herein:
10.5 metres to SIDE LOT LINE 1
5.3 metres to SIDE LOT LINE 2
6.6 metres to SIDE LOT LINE 3
8.5 metres to SIDE LOT LINE 4
B. To the easterly INTERIOR LOT LINE/REAR LOT LINE as shown on Image 2 herein:
For the fifth STOREY: 6.9 metres
For STOREYS six to twenty-five, inclusive: 20 metres
v. Horizontal TOWER Dimension (maximum):
A. for the fifth STOREY: 60 metres
B. for STOREYS six to twenty-five, inclusive: 47 metres
vi. TOWER Footprint (maximum):
A. for the fifth STOREY: 1,080 square metres
B. for STOREYS six to twenty-five, inclusive: 880 square metres
vii. TOWER STEPBACK above PODIUM (minimum):
A. FRONT BUILDING FACADE (Regina St N): 3.0 metres
B. FLANKAGE BUILDING FACADE (Erb St E):
BUILDING FAÇADE of the PODIUM to BUILDING FAÇADE of the TOWER: 3.0 metres, with the exception of the southwest corner of the TOWER where the minimum TOWER STEPBACK shall be 0.5 metres
Straight balconies on STOREYS 6, 7, 8, 9, 10 and 11 shall be permitted to project into the TOWER STEPBACK a maximum of 1.6 metres
V-shaped balconies on STOREYS 8 to 25 shall be permitted to project into the TOWER STEPBACK a maximum of 1.9 metres.
viii. Minimum parking space dimensions (where parking is provided):
A. Where one side of the parking space abuts a wall or column, and where the wall/column is situated so as not to obstruct the opening of a vehicle door, the minimum parking space width shall be 2.8 metres
B. Where both sides of the parking space abut a wall or column, and where the walls/columns are situated so as not to obstruct the opening of a vehicle door, the minimum parking space width shall be 3.2 metres, with exception to 4 parking spaces which shall have a width of 3.0 metres.
ix. The COMMON OUTDOOR AREA regulations contained in Table 8B of the BY-LAW shall not apply.
x. The following USES shall be permitted on the FIRST STOREY for the purposes of Section 8.1.22.a.) of the BY-LAW:
A. Water Meter Room
B. Hydro/Electrical Switchgear Room
xi. Stacked BICYCLE PARKING spaces shall be permitted. For the purpose of this provision, Stacked BICYCLE PARKING spaces shall be defined as follows:
BICYCLE PARKING (STACKED) - means a BICYCLE PARKING space that is positioned above or below another BICYCLE PARKING space with both BICYCLE PARKING spaces being accessible from the floor.
xii. STACKED BICYCLE PARKING spaces shall comply with the following dimensions:
A. Width (minimum): 0.6 metres
B. Length (minimum): 2.0 metres
C. Vertical Clearance (minimum): 2.44 metres
D. Access Aisle Width (minimum): 1.75 metres
xiii. A small portion of the BUILDING shall be permitted to encroach into the City’s DAYLIGHT TRIANGLE at the Regina Street North and Erb Street East intersection, as follows:
A. Adjacent to Regina Street North:
PODIUM, at-grade (maximum): 2.4 square metres
PODIUM, STOREYS 2-4 (maximum): 11.5 square metres
B. Adjacent to Erb Street East:
PODIUM, at grade (maximum): 2.6 square metres
PODIUM, STOREYS 2-4 (maximum): 11.2 square metres
A wind screen on STOREY 5 and part of the straight and/or V-shaped balconies on STOREYS 6-25 shall be permitted to encroach into the City’s DAYLIGHT TRIANGLE.
xiv. Notwithstanding anything to the contrary, the Erb Street East STRUCTURED PARKING opening shall be permitted to be located a maximum 1.0 metre below the elevation of the REGULATORY FLOOD.
b) Notwithstanding any other provision in the BY-LAW, the following USES shall be prohibited unless an ACCEPTED FLOOD EMERGENCY PLAN is provided for the BUILDING or STRUCTURE prior to the approval of a Site Plan pursuant to Section 41 of the PLANNING ACT:
i. Residential uses, including DWELLING UNITS
ii. HOTEL, provided further that all hotel rooms where individuals sleep shall be located above the elevation of the REGULATORY FLOOD.
For the purpose of this provision, ACCEPTED shall be defined as follows:
ACCEPTED – means to the satisfaction of the CITY and the REGION, in consultation with the Grand River Conservation Authority where appropriate.
For the purpose of this provision, FLOOD EMERGENCY PLAN shall be defined as follows:
FLOOD EMERGENCY PLAN – means a comprehensive flood emergency plan, prepared and certified by a qualified professional or qualified professionals, that is coordinated with flood warning processes and municipal flood emergency procedures and is informed by the flood risk assessment for the BUILDING or STRUCTURE on the LOT, to address at a minimum the matters set out below, including how individuals (including residents, occupants, visitors, and/or current or prospective owners and tenants, as applicable) (“Individuals”) will be informed of safe access and flood event protocols, and evacuation, re-entry, and shelter in place procedures for the purposes of safeguarding persons, animals and property before, during and after a flood event. A FLOOD EMERGENCY PLAN shall include, but not be limited to:
i. flood emergency strategies and systems to protect Individuals at the site;
ii. address how Individuals will be informed of the FLOOD EMERGENCY PLAN, safe access protocols, and emergency procedures for evacuation, re-entry, and shelter in place;
iii. measures to avoid and/or mitigate loss of life and damage to property;
iv. emergency preparedness recommendations and directives for Individuals at the site;
v. map(s) showing egress routes for the residential areas (including any amenity areas), residential parking, commercial areas, commercial parking, and bike storage areas;
vi. provisions to ensure that, commencing upon first occupancy, the Owner will maintain up-to-date emergency contact lists, including owner/board, property manager(s), security persons, concierge persons, relevant agencies, utilities, contractors, and consultants (including roles and responsibilities), which shall be kept current at all times;
vii. provisions to ensure that, commencing upon first occupancy, the Owner will maintain an up-to-date list of residents (including identification of those requiring special assistance), which shall be kept current at all times;
viii. standard operating procedures for maintenance of emergency entrances/exits, alarm systems, voice communication systems, lighting, extinguishers, utility shut-offs, elevators, and emergency generators;
ix. provisions requiring that, prior to first occupancy, the Owner establish, identify and maintain an emergency command centre, assembly areas, and first aid areas; and
x. protection and location of building documents, including the emergency contact lists, list of residents, and standard operating procedures, at the emergency command centre and any additional location(s) identified by the City’s Fire Rescue Services Division
Image 1
Image 2