HomeMy WebLinkAboutDSD-21-005 - OPA/19/003/M/KA - ZBA/19/009/M/KA - 19-41 Mill Street - Polocorp Inc.,Staff Report
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REPORT TO: Planning and Strategic Initiatives Committee
DATE OF MEETING: February 8, 2021
www.kitchener. ca
SUBMITTED BY: Bustamante, Rosa - Director of Planning, 519-741-2200 ext.
7319
PREPARED BY: Bateman, Brian — Senior Planner, 519-741-2200 ext. 7869
Anderl, Katie — Senior Planner, 519-741-2200 ext. 7987
WARD(S) INVOLVED: Ward 9
DATE OF REPORT: January 11, 2021
REPORT NO.: DSD -21-005
SUBJECT: Official Plan Amendment OPA/19/003/M/KA
Zoning By-law Amendment ZBA/19/009/M/KA
19-41 Mill Street
Polocorp Inc.
RECOMMENDATION:
That Official Plan Amendment Application OPA/19/003/M/KA for Polocorp Inc.
requesting a change to the Land Use Designation be adopted in the form shown
in the Official Plan Amendment attached to Report DSD -21-005 as Attachment "A",
for the lands specified and illustrated as the "Area of Amendment" on Schedule
"A", and accordingly forwarded to the Region of Waterloo for approval; and,
That Zoning By-law Amendment Application ZBA19/009/M/KA for Polocorp Inc. be
approved in the form shown in the "Proposed By-law", "Map No. 1", and "Map No.
2" attached to Report DSD -21-005 as Attachment "B"; and,
That in accordance with Planning Act Section 45 (1.3 & 1.4) that applications for
minor variances shall be permitted for lands subject to Zoning By-law Amendment
Application ZBA 19/009/M/KA; and further,
That the Urban Design Guidelines for 19 — 41 Mill Street, revised dated November
2020 and attached to Report DSD -21-005 as Attachment "C", be adopted, and that
along with the Heritage Impact Assessment revised dated September 9, 2020 and
associated addendums thereto, be used as principle guiding documents for site
plan approval.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
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REPORT HIGHLIGHTS:
• The purpose of this report is to evaluate and provide a planning recommendation for
the proposed Official Plan Amendment and Zoning By-law Amendment applications for
properties located at 19-41 Mill Street.
• Community engagement included:
o circulation of a preliminary notice letter to owners of property within 120m of
the subject site,
o installation of notice signage on the property,
o Neighbourhood Information Meeting (December 4, 2019)
o Working Group consisting of 5 neighbourhood representatives together with
the applicant, Ward Councillor and City planning staff (January — March 2020),
o preparation of Design Principles as a result of Working Group sessions
o notice letter advising of the public meeting was circulated to all property
owners within 120 metres of the subject site, those who responded to the
preliminary circulation and those who attended the Neighbourhood
Information Meeting,
o notice of the public meeting was given in The Record on January 15, 2021.
• This report supports the delivery of core services.
EXECUTIVE SUMMARY:
The owner of the properties addressed as 19 — 41 Mill Street is proposing to change the
Official Plan designation from Low Rise Commercial Residential to High Rise Commercial
Residential with a Special Policy Area and the zoning from Commercial Residential One
Zone to Residential Eight Zone with Special Regulations. Staff recommend that the
applications be approved.
BACKGROUND:
Polocorp Inc. has made application to the City of Kitchener for an Official Plan Amendment
and Zoning By-law Amendment proposing to change the designation and zoning of the lands
at 19 - 41 Mill Street to permit the lands to be developed with a multiple residential building
with heights ranging from 3 to 12 storeys. The lands are in the Mill Courtland Woodside
Park Secondary Plan and are currently designated Low Density Commercial Residential
and zoned Commercial Residential One Zone (CR -1).
The subject site is 106 metres wide, approximately 80 metres deep with an overall area of
0.72 hectares (1.8 acres). The subject site contains 6 dwellings, some of which are houses
which have been converted to small multiple dwellings. These properties form part of a
triangular shaped parcel of land that stretches from Queen Street to the CN rail tracks along
Mill Street. The subject area backs onto the Iron Horse Trail, with the CN Railway beyond,
and is generally across from Wagner Green, which is a linear park containing Schneider
Creek and walking paths. Many of the adjacent houses on the east side of Queen Street
South have been converted to commercial uses and lands on the west side of Queen Street
South and on either side of the Iron Horse Trail crossing, have been developed or are
planned to be developed with high rise (11 —15 storey) multiple dwellings. The subject lands
are located adjacent to the Victoria Park Heritage Conservation District and properties within
the district are designated under Part V of the Ontario Heritage Act. 45 Mill Street which is
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located immediately east of the subject site is designated under Part IV of the Ontario
Heritage Act.
Figure 1 - Location Map: 19 — 41 Mill Street
REPORT:
Polocorp Inc. is proposing to develop the subject lands identified in Figure 1 with a multiple
dwelling having a maximum height of 12 storeys and 176 dwelling units, with a parking
structure wrapped by dwelling units. The applicant is proposing to provide five affordable
units in a developer -led initiative to contribute to the affordable housing stock and assist with
those residents to be displaced. The application was received and circulated for comment
in the fall of 2019. The concept circulated in 2019 was for an 8 & 10 storey slab style
building, with 3 storey stacked townhouse style units fronting Mill Street.
Through the review process, the applicant has amended the building design to respond to
comments of staff and the public with respect to achieving a building with greater setbacks,
additional step -backs and terracing. This has resulted in changes to the building massing
which helps to create better orientation of the tower, and better building articulation:
minimizing shadow, wind and visual impacts from surrounding residential properties. To
improve compatibility and articulation, the overall height has increased to 12 storeys at the
northwest corner of the site nearest to Queen St S. and the Iron Horse Trail while a height
reduction to 7 storeys on the southeast portion of the site. These measures, along with
improved setbacks and step -backs, have been incorporated along other elevations. The
building continues to maintain a low-rise height along Mill Street, with stacked townhouse
style units with porches and pedestrian sidewalk connections. Figure 2 (below) is excerpted
from the applicant's Urban Design Guidelines and demonstrates how the building massing
has changed since the application was submitted.
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FIGURE 5; GENERALIZED !MASSING REVISIONS PO ORIGINAL CONCEPT
Figure 2 — Massing Revisions
Removed
Added
Polocorp has worked with staff and has incorporated input from the community as the
development concept has evolved. Following the Neighbourhood Information Meeting in
early December 2019, a working group was formed consisting of five members of the public,
Polocorp, Planning staff and the Ward Councillor to try and work through concerns
expressed by residents and refine the development concept. The working group met on
three occasions starting in early 2020. This led to the preparation of a set of Design
Principles. These principles will inform and help to refine the built form and architectural
characteristics and building materials. These are articulated in a detailed set of Urban
Design Guidelines which is found in Attachment C. While the working group sessions
fostered some good discussions and further refinements, consensus was not achieved,
however. There are members of the working group who question the compatibility of the
proposal and this has been consistent throughout the sessions. It is staff's opinion that
further dialogue will unlikely change that outcome.
Staff is supportive of the proposed development concept and Design Guidelines and
recommend that they be adopted by Council and used as principle guiding documents
throughout the site plan review process. The main Design Principles are depicted and
described in detail in Appendix B of the Urban Design Guidelines in attachment C of this
report.
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Planning Analysis:
Provincial Policy Statement, 2020:
The Provincial Policy Statement (PPS) provides policy direction on matters of provincial
interest related to land -use planning and development. The PPS sets out policies to
consider in order to sustain 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 designation and zoning facilitate a compact form of
development which efficiently uses the lands, is in close proximity to transit options including
bus and rapid transit, 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 including affordable housing. The proposed multiple dwelling represents an
attainable form of market-based housing. In addition, the applicant has indicated that they
are committed to providing 5 affordable rental units in an effort to contribute to the affordable
housing stock within the community and facilitate the transition for existing tenants.
With respect to provincial policies regarding public health and safety, the Grand River
Conservation Authority (GRCA) has confirmed that the subject lands are located outside of
the floodplain associated with Schneider's Creek, and safe access will be preserved. The
lands are an appropriate distance from the nearby CN railway, and noise mitigating building
materials and provision for air-conditioning are incorporated into the special regulation
provision to ensure appropriate indoor noise levels will be achieved. Planning staff is of the
opinion that the applications are consistent with the PPS for health and safety matters.
The Provincial Policy Statement requires that significant built heritage resources be
conserved and that development shall not be permitted on lands adjacent to heritage
property except where the proposed development has been evaluated and demonstrates
that the heritage attributes of the protected heritage property will not be impacted. A
Heritage Impact Assessment was prepared for the subject proposal. The report
demonstrates that the development proposal will not negatively affect adjacent properties
having heritage attributes. Heritage staff concur with the report's assessment. Further
details are discussed in the Cultural Heritage section of this report.
Based on the forgoing, staff is of the opinion that this proposal is in conformity with the PPS.
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A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2019 (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 of the Growth Plan promote
growth within strategic growth areas including major transit station areas, in order to provide
a focus for investments in transit and other types of infrastructure. The Growth Plan
supports planning for a range and mix of housing andincluding higher density housing
options that can accommodate a range of household sizes in locations that can provide
access to transit and other amenities.
The subject lands are located within the City's delineated built up area, and within a Major
Transit Station Area. The proposed development represents intensification and will help the
City achieve density targets. The proposed designation and zoning will support a higher
density housing option that will help make efficient use of existing infrastructure, parks,
roads, trails and transit. The multiple dwelling is also proposed to include a range of 1 and
2 bedroom apartment units, and 2 -bedroom townhouse style units with direct access to Mill
Street and the Iron Horse Trail, increasing the variety of housing options for future residents.
In addition, the owner is committed to providing 5 affordable housing units. Planning staff
is of the opinion that the applications conform to the Growth Plan.
Regional Official Plan (ROP):
Urban Area policies of the ROP identify that the focus of the Region's future growth will be
within the Urban Area. The subject lands are designated Built -Up Area in the ROP. This
neighbourhood provides for the physical infrastructure and community infrastructure to
support the proposed residential development, including transportation networks, municipal
drinking -water supply and wastewater systems, and a broad range of social and public
health services. Regional policies require Area Municipalities to plan for a range of housing
in terms of form, tenure, density and affordability to satisfy the various physical, social,
economic and personal support needs of current and future residents. Regional staff have
indicated that they have no objections to the proposed applications (Attachment `E').
Planning Staff are of the opinion that the applications conform to the Regional Official Plan.
City of Kitchener Official Plan and proposed Official Plan Amendment:
The subject lands are within the Mill Courtland Woodside Park Secondary Plan. In
accordance with s. 16 of the Official Plan, the land use policies and land use designations
in the Secondary Plans contained in Part 3, Section 13 of the 1994 City of Kitchener Official
Plan, as amended, continue to apply until such time as the Secondary Plans are reviewed
and adopted as part of the 2014 Official Plan. Other policies in the Official Plan however
apply to the lands.
Amendment to the Mill Courtland Secondary Plan
The subject lands are currently designated Low Density Commercial Residential, which
permits a range of multiple residential and commercial uses having a maximum Floor Space
Ratio of 1.0. The applicant is proposing to change the land use designation to High Density
Commercial Residential. The High Density Commercial Residential designation permits
redevelopment of office, multiple residential, institutional and limited commercial uses on
Arterial and Collector Roads at higher intensities. Mill Street is classified as an Arterial Road
in the Official Plan. The proposed land use category permits a maximum floor space ratio
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of 4.0 and does not specify a maximum height. Staff recommend adding a Special Policy
Area to limit the maximum height to 12 storeys and the maximum Floor Space Ratio to 3.5
to better align the policy with the development proposal.
Major Transit Station Area
The Official Plan establishes an Urban Structure for the City of Kitchener and provides
policies for directing growth and development within this structure. Intensification Areas are
targeted throughout the Built-up Area as key locations to accommodate and receive the
majority of development or redevelopment for a variety of land uses. Primary Intensification
Areas include the Urban Growth Centre, Major Transit Station Areas, Nodes and Corridors,
in this hierarchy, according to Section 3.C.2.3 of the Official Plan. The subject lands are
located within a Major Transit Station Area. The planned function of the Major Transit Station
Areas is to provide densities that will support transit, and achieve a mix of residential, office,
institutional and commercial uses. They are also intended to have streetscapes and a built
form that is pedestrian -friendly and transit -oriented.
Policies also require that development applications in Major Transit Station Areas consider
the Transit -Oriented Development policies contained in section 13.C.3.12 of the Official
Plan. Generally, the Transit -Oriented Development policies support a compact urban form,
that supports walking, cycling and the use of transit, by providing a mix of land uses near
transit stops, to support higher frequency transit service and optimize transit rider
convenience. These policies also support developments which foster walkability by creating
safe and comfortable pedestrian environments and a high-quality public realm. Staff is of
the opinion that the proposed development will help to increase density in an area well
served by transit and rapid transit while being context sensitive to surrounding lands and
provides excellent access to off-road pedestrian and cycling facilities. Increasing the
number of residents in the area supports the viability of commercial and other uses in the
nearby Queen Street South mixed use corridor, and the proposed built form will contribute
positively to the streetscape, creating a safe and comfortable pedestrian environment both
on Mill Street and on the adjacent section of the Iron Horse Trail.
Staff is of the opinion that the proposed Official Plan Amendment and Zoning By-law
Amendment will support a development that not only complies with the policies for a Major
Transit Station Area but also contributes to the vision for a sustainable and more
environmentally friendly city.
Neighbourhood Planning Review
In accordance with Official Plan Policy the City is in the process of preparing Station Area
Plans for each Major Transit Station Area. Until such time as Station Area Plans are
completed, any development application submitted within a Major Transit Station Area will
be reviewed generally in accordance with the Station Study Areas contained in the City's
Planning Around Rapid Transit Station Areas (PARTS) Project Plan and Background
Report.
Located within the Focus Area of the Queen Station, the designation and zoning of the
subject site is under review as part of the City led Neighbourhood Planning Review process.
Work on the Secondary Plan is informed by the PARTS Central Plan, which provides a
recommended direction to guide the future policies and zoning of the Major Transit Station
Areas. The subject lands are proposed to be included in the new Cedar Hill and Schneider
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Creek Secondary Plan and preliminary work recommends an increase to the permitted
height and density for the subject lands. Both the PARTS Plan and the preliminary
information contained in the draft policies of the Secondary Plan recommend a Medium Rise
Residential land use designation which would include a maximum height of 8 storeys, and
a maximum Floor Space Ratio of 2.0.
The intent of the proposed Secondary Plan designation is to promote redevelopment of the
subject lands at higher intensities given the context and deep lot fabric, and to transition
height and density from the Queen Street corridor to low rise residential areas located east
of CN rail tracks where it crosses Mill Street. While the applicant's proposed land use
designation would permit development at a greater height and density than what is
contemplated through the neighbourhood planning review, staff is of the opinion the intent
of the new secondary plan designation is being achieved. The subject development has
been designed to focus height/massing towards the Queen Street and Iron Horse Trail side
while transitioning to lower building heights along Mill Street and towards properties located
southeast of this development proposal.
In support of the proposed land use designation and zoning the owner has submitted various
site-specific studies which consider the site in detail, and has prepared site specific urban
design guidelines to provide site specific design responses to ensure compatibility and
appropriate design interventions. It is important to note that while this proposal represents
change from what exists on the ground today, the as -of -right CR -1 zoning for the property
would allow for a range of commercial and/or residential uses with building heights 6 plus
storeys.
Urban Design Policies:
The City's urban design policies are outlined Section 11 of the City's OP. In the opinion of
staff, the proposed development satisfies these policies including: Streetscape; Skyline;
Safety; Universal Design; Public Art; Site Design; and Building Design, Massing and Scale
Design. To address these policies, an Urban Design Guidelines report was submitted and
has been reviewed by City staff and is recommended to be adopted by Council. The
formulation of Urban Design Guidelines outlines the vision and principles guiding the site
design, articulates design and built form expectations, and informs the proposed zoning
regulations. The Urban Design Guidelines may be found in Attachment "C".
Streetscape — A key design feature of the proposed development are stacked townhouse
style units fronting onto Mill Street and the Iron Horse Trail. Ground floor units are proposed
to incorporate patios on the trail side and porches along Mill Street. These units will have
direct pedestrian connections to the sidewalk or trail which will help to animate both the
street and trail. Ground floor units along Mill Street will be aligned at an angle to the street
in order to maintain the established rhythm of houses in this area
Skyline — The proposed tower will provide a new feature on the City's skyline. The proposed
building is articulated with varying heights and will create visual interest from several
different vantage points.
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Safety —As with all developments that go through site plan approval, staff will ensure Crime
Prevention through Environmental Design (CPTED) principles are achieved and that the site
meets emergency services policies.
Universal Design — The development will be designed to comply with Ontario Building Code
and Accessibility for Ontarian's with Disabilities Act.
Public Art & Culture — The applicant has indicated that they plan to incorporate interpretive
and commemorative features into the lobby design and possibly into Wagner Green. Further
consultation with the City will be required through the Site Plan Review process to refine
details associated with the commemoration to acknowledge and pay homage to the area.
Site Design, Building Design, Massing and Scale — The subject site has been designed to
carefully consider surrounding land uses and to address all interfaces. The driveway access
points to the building are centralized and located near Queen Street South. The service and
loading area are proposed to be located on the west side of the property next to the parking
lots of the buildings fronting on Queen Street. They are also proposed to be situated at a
lower elevation than surrounding properties to screen service functions. Visual screening
such as landscaping and fencing will be required where drives aisles are adjacent to low
rise residential uses and public spaces.
The proposed building has been designed to provide appropriate transitions in height from
the street and existing low-rise houses. The building will incorporate step -backs in order to
create a transition in height and break up the massing of the building. A combination of
high-quality landscaping and physical screening such as fencing will be used to provide an
attractive interface between building and adjacent dwellings.
The tower is located near the Iron Horse Trail and Queen Street South, and both the location
and tower orientation minimize the effects of shadows and visual impact on nearby homes
and public spaces. The building podium fronting Mill Street and the Iron Horse Trail consists
of stacked townhouse style units, which will have a direct relationship with the street and the
trail. The building lobby fronts onto Mill Street, near Queen Street South, and a maximum
building height of 3 storeys is proposed adjacent to the property at 15 Mill Street. The
proposed bylaw permits the first step -back behind the rear lot line of 15 Mill Street. Rooftop
terraces will provide for private and shared outdoor amenity space for future residents and
will help to soften and green the building facades.
Tall Buildings Guidelines
The subject proposal has also been reviewed for compliance with the City's Tall Building
guidelines. The objective of this document is to:
• achieve a positive relationship between high-rise buildings and their existing and
planned context;
• create a built environment that respects and enhances the city's open space system,
pedestrian and cyclist amenities and streetscapes;
• create human -scaled pedestrian -friendly streets, and attractive public spaces that
contribute to livable, safe and healthy communities;
• promote tall buildings that contribute to the view of the skyline and enhance
orientation, wayfinding and the image of the city;
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• promote development that responds to the physical environment, microclimate and
the natural environment including four season design and sustainability; and,
• promote tall building design excellence to help create visually and functionally
pleasing buildings of architectural significance.
The proposed development has been designed with these objectives in mind. City staff has
confirmed that the proposed tower is generally consistent with and meets the overall intent
of the guidelines.
Transportation
The Official Plan provides for an integrated transportation system which incorporates active
transportation, allows for the movement of people and goods and promotes a vibrant,
healthy community using land use designations and urban design initiatives that make a
wide range of transportation choices viable. The subject lands are located close to public
transit routes, and within 800 metres (about a 10 -minute walk) of a rapid transit station. The
building has excellent access to cycling networks, including existing on and off-street cycling
facilities, including the Iron Horse Trail. The recently approved Cycling and Trails Master
Plan also recommends the future installation of bike lanes/neighbourhood bikeway on Mill
Street. The location of the subject lands in the context of the City's integrated transportation
system supports the proposal for transit -oriented development on the subject lands.
Cultural Heritage
The subject property contains six residential buildings and does not contain protected
cultural heritage resources. The subject lands are adjacent to 541, 551 and 561 Queen
Street South, which are properties designated under Part V of the Ontario Heritage Act and
located within the Victoria Park Area Heritage Conservation District. The subject lands are
also adjacent to 45 Mill Street, which is an individually designated property under Part IV of
the Ontario Heritage Act. Part of the subject lands municipally addressed as 19 and 25 Mill
Street were previously on the Heritage Kitchener Inventory of Historic Buildings, however
they were formally evaluated as part of the Council approved 4 -step listing process. The
property located at 19 Mill Street was evaluated by a Sub -Committee made up of heritage
planning staff and members of Heritage Kitchener and was not recommended for inclusion
on the Municipal Heritage Register. The property at 25 Mill Street was evaluated, and in
accordance with the Council Resolution was not included on the Municipal Heritage
Register. As such, the properties municipally addressed as 19 and 25 Mill Street do not have
status under the Ontario Heritage Act and do not require further evaluation.
In accordance with cultural heritage policies of the Official Plan, a scoped Heritage Impact
Assessment (HIA) was prepared by CHC Limited, dated August 14, 2019, revised October
10, 2019 and updated September 9, 2020. The development proposal assessed in October
2019 contemplated an 8 to 10 storey multiple residential dwelling, with a 3 -storey podium.
The findings and recommendations of the scoped HIA were presented and discussed at the
December 3, 2019 meeting of Heritage Kitchener.
The revised development proposal, as assessed through the September 9, 2020 HIA,
contemplates a 7 to 12 storey multiple residential dwelling, with a 3 -storey podium. The
revised development proposal shifts the building mass and configuration, introduces greater
stepping to the building height, building setbacks, and reconfigures the parking garage. In
addition, the building height has been reduced and the building separation increased
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between the proposed development and 45 Mill Street to the southeast to minimize impacts
on the individually designated heritage property.
The HIA evaluated the impact of the proposed development on the adjacent designated
heritage properties and recommends the following mitigation strategies to avoid or reduce
impacts:
• Utilizing step -backs from Mill Street to reduce the sense of height;
• Employing an angular plane of less than 60 degrees throughout the development;
• Integrating a sawtooth pattern to orient the townhouses in the same manner as the
existing neighbouring homes;
• Selecting red or buff brick to be strategically used on the townhouse facades to
reinforce the streetscape character, as well as design cues from the adjacent 19th
century homes;
• Blending building materials (i.e. red or buff brick and contrasting contemporary
materials) to break up the building mass, creating a distinction between the building
components; and,
• Undertaking a pre -construction survey of 45 Mill Street to evaluate potential impacts
of construction as a condition of Site Plan.
The HIA concludes that while the proposed development is greater in height than the
existing dwellings presently on site, no negative impacts on the heritage attributes of the
Victoria Park Area Heritage Conservation District or the individually designated property at
45 Mill Street are expected if the recommended mitigation measures are implemented.
Heritage Planning staff agree with the findings of the HIA that the proposed development is
expected to have no negative impact on the heritage attributes of the Victoria Park Area
Heritage Conservation District and adjacent property addressed as 45 Mill Street subject to
the mitigation achieved through building design and placement. Heritage Planning staff
agree that the proposed special regulation provision will implement appropriate setbacks
and step -backs, and that implementation of the recommended Urban Design Guidelines will
effectively guide the future site plan approval process. Regional Cultural Heritage staff have
reviewed the HIA and have no concerns with respect to proximity to the Joseph Schneider
Haus.
Heritage Planning staff is of the opinion that the scoped HIA dated August 14, 2019, revised
October 10, 2019 and updated September 9, 2020 has satisfied the subject scoped terms
of reference. Further, Heritage Planning staff conclude that implementation of the
recommendations made in the HIA will address the conservation of built heritage resources,
in compliance with Policy 2.6.1 of the Provincial Policy Statement (2020). Accordingly, the
HIA has been approved by the City's Director of Planning.
Housing
The City's primary objective with respect to housing 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. The proposed
development increases the range of dwelling units available in the city. The development is
contemplated to include a mix of one and two-bedroom units with and without dens. Two
storey ground floor units will be designed to have direct access to the sidewalk or Iron Horse
Trail, and the range of units will appeal to a variety of households.
The multiple dwelling represents an attainable form of market-based housing and the
applicant has indicated that they will promote Regional ownership grant programs to
prospective purchasers. Polocorp has committed to providing 5 affordable housing units
and will assist with those displaced as a result of the development.
Conclusion
The subject applications request that the land use designation as shown on Map 12 of the
1994 Official Plan (Mill Courtland Woodside Park Secondary Plan) be changed from Low
Density Commercial Residential to High Density Commercial Residential and to add new
Special Policy Area 13.4.4.16. Based on the above, staff is of the opinion that the proposed
Official Plan Amendment represents good planning and recommend that the proposed
Official Plan Amendment be approved in the form shown in Attachment "A".
Proposed Zoning By-law Amendment:
The subject property is zoned Low Density Commercial Residential Zone (CR -1), 1 R. The
existing CR -1 zone permits a range of residential and commercial uses including multiple
dwellings and other dwelling types, offices, personal services, health offices and clinics and
other uses. The applicant has requested an amendment to Zoning By-law 85-1 to change
the zoning on the lands to Residential Eight Zone (R-8) with Site-specific and Regulation
Provisions 1R, 768R and Property Detail Schedule 44 Special Regulation 1R, which
specifies that the lands are regulated by the GRCA, currently applies to portions of the lands
and will continue to apply.
The proposed R-8 zone permits multiple dwellings with a maximum height of 24.0 metres.
This zoning category is in keeping with the RES -6 zone that is contemplated though the
Neighbourhood Planning Review. The applicant is also seeking a form -based approach
through site specific regulations with a maximum height of 12 storeys and a maximum floor
space ratio of 3.5. The site-specific regulation has been prepared so that the increase in
height is only permitted on specific parts of the lands and would only apply if the property is
developed comprehensively. In other words, the zoning has been tailored specifically to the
development proposal under consideration. If the property is not developed
comprehensively, the base R-8 zoning, which aligns with the RES -6 zone, would then apply.
Official Plan policies indicate that where special zoning regulations are requested for
residential intensification or a redevelopment of lands, the overall impact of the site specific
zoning regulations will consider compatibility with existing built form; appropriate massing
and setbacks that support and maintain streetscape and community character, appropriate
buffering to mitigate adverse impacts, particularly with respect to privacy, avoidance of
unacceptable adverse impacts by providing appropriate number of parking spaces and an
appropriate landscaped/amenity area. The recommended property detail schedule and
special regulation 768R would implement site-specific zoning regulations to set parameters
for site development in keeping with the Urban Design Guidelines such as maximum building
heights, setbacks, step -backs and building massing
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Staff offer the following comments with respect to the proposed Site -Specific Regulation
Provision:
a) That parking be provided at a rate of 1.0 space per unit plus 0.1 visitor spaces per
unit. Bicycle and electric vehicle parking are to be provided in accordance with By-
law 2019-051.
The purpose of this regulation is to provide for a parking rate which is appropriate for
the development. Zoning By-law 85-1 requires a parking rate of 1.25 spaces per unit
(inclusive of visitor spaces). The proposed ratio results in a parking rate of 1.1 spaces
per unit (inclusive of visitor spaces) and is consistent with the parking rates in the
Zoning By-law 2019-051. The subject lands are in an MTSA, have good access to
public transit and rapid transit, pedestrian and cycling facilities. Planning and
Transportation Services staff is of the opinion that the parking rate is appropriate for
the subject lands.
b) Off-street parking spaces, except for drop-off and loading spaces, shall be located
within a building.
The purpose of this regulation is to require that parking generally be provided in a
parking structure, either above or below grade, and not be in surface parking lots.
c) Drive aisles may be located up to 1.5 metres from a street line. Any aisle set back
less than 3.0 metres from a street line shall be screened with a visual barrier having
a minimum height of 0.75 metres.
The purpose of this regulation is to allow a drive aisle to be located up to 1.5 metres
from the property line where a visual barrier is installed. Typically, drive aisles are
required to be set back 3 metres from the street to allow space for landscaping.
Transportation services staff has identified that road widening will be required along
Mill Street at the time of Site Plan approval (approx. 3.4 metres), however there are
no physical works planned and the roadway and the city sidewalk is not proposed to
be relocated in the near future. This will result in a wide boulevard which will provide
a physical setback, and together with a low visual barrier will successfully provide
separation between the drive aisle and the sidewalk.
d) In addition to the Home Business uses permitted to be in a multiple dwelling:
i) Indirect Sales shall also be permitted. For the purposes of this regulation
Indirect Sales shall be defined as "a home occupation which conducts the sale
of goods via mail order, telephone, fax, or internet, but shall not include direct
sales or the storage of inventory on site."
ii) Artisan's establishment may include retail and instruction.
iii) A home occupation may attract a maximum of one customer or client at any
one time.
The purpose of this regulation is to align home business regulations for the proposed
multiple dwelling with the new Zoning By-law 2019-051. This will provide consistency
to future residents who may wish to work from home until such time as Zoning Bylaw
2019-051 is applied to the lands.
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e) A multiple dwelling shall have a central air conditioning system, and building
components as identified in the Noise and Vibration Feasibility Study for 19- 41 Mill
Street, dated June 19, 2019, prepared by HGC Engineering.
The purpose of this regulation is to ensure that required noise mitigation measures
are incorporated into the multiple dwelling when it is constructed. The Region is
satisfied with the Noise Assessment and these measures must be incorporated to
ensure indoor sound level criteria are achieved.
f) For a lot having a minimum lot width of 100 metres and a minimum lot area of 0.7
hectares:
a) The maximum floor space ratio shall be 3.5;
b) The maximum height for a multiple dwelling:
i) within Area A, as shown in Property Detail Schedule No. 43 of By-law
85-1, shall be 14.0 metres and 4 storeys,
ii) within Area B, as shown in Property Detail Schedule No. 43 of By-law
85-1 shall be 25.0 metres and 7 storeys,
iii) within Area C, as shown in Property Detail Schedule No. 43 of By-law
85-1 shall be 36.0 metres and 10 storeys, and
iv) within Area D, shown in Property Detail Schedule No. 43 of By-law
85-1 shall be 42.0 metres and 12 storeys.
The purpose of this regulation is to permit the built form as described in the
development concept and as articulated in the Urban Design Guidelines. This
regulation correlates to the areas shown on Property Detail Schedule 43 (Map 2 in
Attachment `B') and only permits the maximum heights if the site is developed
comprehensively. Should any portion of the site not be developed, the base R-8
zone, which aligns with the recommendations of the Neighbourhood Planning
Review, would prevail. This regulation will ensure that the applicant is only permitted
to develop a building in accordance with the justification and Urban Design
Guidelines that staff recommend be adopted as part of this process.
The proposed increase to the floor space ratio (FSR) is also required to support the
proposed built form, which includes above grade structured parking. Due to
engineering constraints and proximity to the floodplain of Schneider Creek, a fully
below grade parking structure is not feasible. As such, an above grade parking
structure is proposed. The parking structure is proposed to be wrapped with dwelling
units along Mill Street and the Iron Horse Trail and therefore screened from view
although still contributing to FSR. The parking structure by itself represents an FSR
of about 1.1. The amount of floor space occupied by the multiple dwelling unit
represents an FSR of about 2.3, which is only slightly above the FSR recommended
in the PARTS plan (2.0 FSR). City policies support the construction of structured
parking in transit station areas in order to maximize intensification opportunities and
minimize surface parking. Subject to the site-specific setbacks, step -backs and
implementation of the Urban Design Guidelines, staff is of the opinion that the
proposed increase to the FSR is appropriate.
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Staff is of the opinion that the proposed R-8 Zone together with Special Regulation
Provisions 1 R and 768R will provide for a form of development that is compatible with the
neighbourhood, which will add visual interest and enhanced landscaping that will contribute
to the streetscape, which will appropriately accommodate on-site parking needs, and which
represents good planning. Staff recommend that the proposed Zoning By-law amendment
be approved as shown in Attachment "B".
Department and Agency Comments:
Preliminary circulation of the OPA and ZBA was undertaken on September 27, 2019 to
applicable City departments and other review authorities. No concerns were identified by
any commenting City department or agency. Copies of comments are found in Attachment
"F" of this report.
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: Mat Vaughn, August 2019
• Urban Design Guidelines: 19, 25, 29, 33, 37 & 41 Mill Street
Prepared by: Mat Vaughn, August 2019 (revised November 2020)
• Pedestrian Wind Review
Prepared by: RWDI Inc., June 18, 2019
• Functional Servicing and Preliminary Stormwater Management Design Report for 19-41
Mill Street
Prepared by: BluePlan Engineering, August 2019
• Scoped Heritage Impact Assessment (19 — 41 Mill Street)
Prepared by: CHC Limited, August 14, 2019 (revised October 10, 2019 &
updated September 9, 2020)
• Transportation Assessment (Mill Street Residential Development)
Prepared by: Salvini Consulting, July 17, 2019 (addendum letter July 10, 2020)
• Noise and Vibration Feasibility Study (19- 41 Mill Street)
Prepared by: HGC Engineering, June 19, 2019
Community Input & Staff Responses
Staff received written responses from 41 households with respect to the proposed
development. These may be found in Attachment `F'. A Neighbourhood Information
Meeting was held on December 4, 2019 and was attended by 47 residents. In addition, 5
neighbourhood representatives participated in a working group together with the applicant,
ward Councillor and City planning staff.
1-15
Theme: Traffic & Safety
What We Heard
Staff Comment
Mill Street is very busy and
A Transportation Assessment was prepared in support
additional traffic cannot be
of the subject applications. This assessment found that
accommodated at nearby
the 176 units would generate about 40 to 45 trips in and
intersections.
out during each of the morning and afternoon peak
Inventory of Historic Buildings. However,
periods. While the intersection of Mill and Queen is
busy, it is operating at acceptable levels and increases
to exclude
overtime will be largely due to increases in background
them from the Municipal Heritage Register.
traffic. The left turn from Mill Street onto Queen Street
South can have delays in the peak period, but the
volume turning left is low and the incremental increase
due to the proposal is low. The right turn lane can back
up about 20 m, however it is still operational.
Busy traffic levels are a concern
Transportation Services staff is evaluating several
for pedestrian and cyclist safety,
locations where the Iron Horse Trail crosses city
especially at the Iron Horse Trail
streets, including the Mill Street location, in order to
crossing on Mill Street. Traffic
comprehensively and consistently address safety
calming measures should be
concerns.
installed to improve safety.
A stop sign should be added at
Transportation Services is committed to completing a
the Mill Street and Spadina
traffic count at the Mill Street/Spadina Road
Road intersection
intersection, to evaluate whether an all -way stop
control is warranted at this intersection. Data
collection was originally scheduled for the spring of
2020; however, such traffic counts were delayed due
to the pandemic lockdown. In addition, Transportation
staff have indicated that ongoing construction on Mill
Street would further contribute to below average traffic
levels, resulting in inaccuracies. Traffic counts will
occur once traffic levels stabilize, and should
additional stop controls be warranted they will be
installed by the City. While identified through the
consultation process associated with these
application, installation of traffic controls at the
Mill/Spadina intersection are not specifically related to
this development proposal.
Theme: Heritaqe
What We Heard
Staff Comment
Concerns expressed with the
The properties municipally addressed as 19
and 25 Mill
proposed demolition of 19 and
Street were previously on the Heritage
Kitchener
25 Mill Street.
Inventory of Historic Buildings. However,
through a
Council approved process, it was decided
to exclude
them from the Municipal Heritage Register.
Therefore,
1-16
Theme: Building/Site Design
What We Heard
they do not have status under the Ontario Heritage Act.
These buildings were determined not to require further
analysis from a heritage perspective and are permitted
to be demolished.
Impacts to designated heritage
Heritage Planning staff agree with the findings of the
resources including 45 Mill
Heritage Impact Assessment. The proposed
Street, the Victoria Park
development is not expected to have a negative
Heritage Conservation District,
impact on the heritage attributes of the Victoria Park
and the Joseph Schneider Haus
Area Heritage Conservation District and the adjacent
property addressed as 45 Mill Street subject to the
recommended mitigation measures achieved through
building design and placement. Heritage Planning staff
agree that the proposed special regulation provision
will implement appropriate setbacks and step -backs,
and that implementation of the recommended Urban
Design Guidelines will achieve mitigation of impacts.
Further, Region of Waterloo Cultural Heritage staff
have reviewed the HIA and concur that the proposed
development will not impact the Joseph Schneider
Haus.
Impacts to the heritage
The proposed development is planned to be a
character of the neighbourhood
contemporary addition to a central neighbourhood.
Staff will continue to review the building elevations
with an emphasis on selecting building materials which
will complement the traditional character of the
surrounding streetscape. The developer has agreed
that the design of the building, especially along Mill
Street, will be inspired by the character of surrounding
houses and will incorporate traditional materials such
as red or buff brick, and architectural features such as
front porches. The applicant has committed to
commemorate the importance of heritage through
various means that will be further explored through the
site planprocess.
Theme: Building/Site Design
What We Heard
Staff Comment
Residents have expressed that
As articulated in the Urban Design comments, staff is of
the proposed development is
the opinion that the proposed height, subject to the
not compatible with the
tower placement, setback and step -backs has been
neighbourhood.
demonstrated to be compatible with the surrounding
land uses and buildings. The proposed development
maintains a low-rise height along Mill Street, and using
architectural features, including porches, and building
materials, the proposal will positively contribute to the
streetscape.
1-17
Shadow Impacts
A Shadow Analysis was completed for the proposed
Demolition of existing houses will
development and while there will be some shadowing
displace current tenants
of adjacent buildings and lands, the building has been
of nearby homes
oriented so that much of the shadow fall across the site.
Nearby property owners have
The proposed building has been oriented so that most
raised concerns with a loss of
units will have views and windows towards Mill Street
privacy due to units overlooking
and the Iron Horse Trail, and towards Queen Street
private amenity spaces.
South. Effort has been made to orient buildings to
proposal
protect privacy of rear yard amenity spaces, by setting
the tower back and away from adjacent single
detached dwellings.
Theme: Affordable Housing
What We Heard
Staff Comment
Demolition of existing houses will
Staff acknowledge that the existing homes on the
displace current tenants
subject site are currently rented. Staff cannot confirm
of nearby homes
whether these units currently qualify as affordable
housing.
Application should be required
The applicant is proposing to include 5 affordable units
to include affordable housing as
within the subject development. They are exploring
part of the development
options to offer these in coordination with the Region of
proposal
Waterloo through the Rent Supplement Program and
are also open to pursuing a partnership with a local not-
for-profit housing provider. Details of this program
cannot be formalized until closer to occupancy.
Theme: Environment and Natural Hazards
What We Heard
Staff Comment
Concern that the proposed
A stormwater management plan is required to be
development will cause flooding
prepared, approved and implemented as part of the Site
of nearby homes
Plan process in order to ensure appropriate stormwater
management. This plan will consider soil conditions,
infiltration, run-off and retention in accordance with City
policy and regulations. Further, the lands are regulated
by the Grand River Conservation Authority (GRCA) due
to proximity to Schneider Creek. While the site is
located outside of the floodway, and safe access is
confirmed, the site, building and parking garage must
be designed with consideration given to the regulatory
flood elevation. The proposed development will require
a GRCA permit to be issued.
Concern with loss of mature
Staff acknowledge that development of the lands will
vegetation on site and along
necessitate the removal of trees and vegetation on the
Iron Horse Trail
subject lands. A Tree Preservation and Enhancement
1-18
Theme: Noise and Nuisance
What We Heard
Plan will be required as part of the Site Plan Approval
Concerns with noise and
process and the applicant will be required to identify
nuisance during construction
methods to protect and enhance vegetation which can
and associated with a multiple
be preserved, and to protect vegetation which may be
residential development.
on adjacent lands or in shared ownership. Through the
detailed review, trees which are invasive and or in poor
condition may be removed for safety, and new trees will
be planted along Mill Street and the Iron Horse Trail and
the perimeter of the site, in accordance with the tree
planting requirements of the Urban Design Manual.
Loss of Pollinator Habitat is a
Special focus will be placed on incorporating pollinator
concern
habitat and using native and pollinator friendly plant
Concern that construction
species in the landscape design. This requirement has
activities may cause damage to
been captured in the Urban Design Guidelines.
Theme: Noise and Nuisance
What We Heard
Staff Comment
Concerns with noise and
Staff acknowledge that during construction there may
nuisance during construction
be temporary disruptions and construction related
and associated with a multiple
nuisance such as noise and dust. The City will work
residential development.
with the developer through the construction period to
ensure disruptions are kept to a minimum. Construction
activity is typically limited to daytime hours (between 7
am and 7 pm) and Building, Engineering and/or
Property Standards staff will be able to respond to
concerns during the construction period and can work
with the neighbourhood and the owner to mitigate
these.
Concern that construction
The Heritage Impact Assessment recommends that a
activities may cause damage to
pre -construction survey of 45 Mill Street be completed
houses.
to evaluate potential impacts of construction as a
condition of Site Plan. This will be included as a
condition of Site Plan to ensure appropriate pre-
emptive mitigation measures be undertaken. Staff also
recommend that other property owners who may be
concerned should reach out to staff or directly to the
applicant to request the completion of such an
assessment prior to construction commencing.
Planning Conclusions
In considering the foregoing, staff are supportive of the proposed Official Plan Amendment
and Zoning By-law Amendment to permit 19 — 41 Mill street to be developed with a 12 storey
multiple dwelling. Staff is of the opinion that the subject applications are consistent with
policies of the Provincial Policy Statement (2020), conform to Growth Plan for the Greater
1-19
Golden Horseshoe, the Regional Official Plan, and the City of Kitchener Official Plan and
represent good planning.
ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN:
The recommendation of this report supports the achievement of the city's strategic vision
through the delivery of core service.
FINANCIAL IMPLICATIONS:
There are no financial implications associated with this recommendation.
CONCLUSION:
The proposed Official Plan Amendment and Zoning By-law Amendment are appropriate and
represent good planning and it is recommended that the applications be approved.
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
Capital Budget — The recommendation has no impact on the Capital Budget.
Operating Budget — The recommendation has no impact on the Operating Budget.
COMMUNITY ENGAGEMENT:
INFORM — This report has been posted to the City's website with the agenda in advance of
the council / committee meeting. Notice signs were posted on the property and information
regarding the application posted to the City's website in the fall of 2019. A Courtesy Notice
of the public meeting will be circulated to all property owners within 120 metres of the subject
lands, those responding to the preliminary circulation and who attended the Neighbourhood
Information Meeting, and Notice of the Public Meeting will be given in The Record on
January 15, 2021 (a copy of the Notice may be found in Attachment C).
CONSULT— The proposed Official Plan Amendment and Zoning By-law Amendment were
originally circulated to property owners within 120 metres of the subject lands on September
27, 2019. In response to this circulation, staff received written responses from 41
households, which are summarized as part of this report and included in Attachment F. A
Neighbourhood Information Meeting was held December 4, 2019 and was attended by 47
residents.
COLLABORATE — A Working Group consisting of 5 neighbourhood representatives, the
Ward Councillor, planning staff and the applicant, met between January and March 2020.
The purpose of the working group meetings was to allow residents and the applicant to work
through, and, where possible, to come to agreement, on changes to the proposed
development plan in order to resolve concerns of the community. The input of this group
has informed the Design Principles and Urban Design Guidelines.
1-20
PREVIOUS REPORTS/AUTHORITIES:
• Heritage Kitchener (December 3, 2019) A draft of the Heritage Impact
Assessment was discussed.
• February 1, 2010 Council meeting where decision was made not to include 25 Mill
on Register
• Planning Act
• Growth Plan, 2019
• Ontario Heritage Act
APPROVED BY: Justin Readman - General Manager, Development Services
ATTACHMENTS:
Attachment A —
Proposed Official Plan Amendment
Attachment B —
Proposed Zoning By-law Amendment
Attachment C
— Urban Design Guidelines
Attachment D
— Newspaper Notice
Attachment E —
Department and Agency Comments
Attachment F —
Public Comments
1-21
AMENDMENT NO. XX TO THE OFFICIAL PLAN
OF THE CITY OF KITCHENER
CITY OF KITCHENER
19 - 41 Mill Street
DSD -21-005 - Appendix A
1-22
DSD -21-005 - Appendix A
AMENDMENT NO. XX TO THE OFFICIAL PLAN
OF THE CITY OF KITCHENER
CITY OF KITCHENER
19 — 41 Mill Street
mini=\/
SECTION 1 TITLE AND COMPONENTS
SECTION 2 PURPOSE OF THE AMENDMENT
SECTION 3 BASIS OF THE AMENDMENT
SECTION 4 THE AMENDMENT
APPPNnir,PQ
APPENDIX 1 Notice of the Meeting of Planning & Strategic Initiatives
Committee of February 8, 2021
APPENDIX 2 Minutes of the Meeting of Planning & Strategic Initiatives
Committee
APPENDIX 3 Minutes of the Meeting of City Council
1-23
DSD -21-005 - Appendix A
AMENDMENT NO. XX TO THE OFFICIAL PLAN OF THE CITY OF KITCHENER
SECTION 1 —TITLE AND COMPONENTS
This amendment shall be referred to as Amendment No. XX to the Official Plan of the City of
Kitchener (1994). This amendment is comprised of Sections 1 to 4 inclusive.
SECTION 2 — PURPOSE OF THE AMENDMENT
The purpose of the Official Plan Amendment is amend:
• Map 12 (Mill Courtland Woodside Park) by redesignating lands from Low Density
Commercial Residential to High Density Commercial Residential and to add new Special
Policy Area 16;
• Section 13.4.4 to add new Policy 16 to permit a maximum floor space ratio of 3.5 and a
maximum building height of 12 storeys.
SECTION 3 — BASIS OF THE AMENDMENT
The subject lands are designated Low Density Commercial Residential in the Mill Courtland
Woodside Park Secondary Plan (Official Plan, 1994). Staff recommend that the application
proposing to redesignate the lands High Density Commercial Residential, be approved, and that
Special Policy 16 also be added to limit the maximum floor space ratio to 3.5 and the maximum
building height to 12 storeys.
The subject lands are located in a Major Transit Station Area (within the Focus Area of the Queen
Street Station). The planned function of the Major Transit Station Areas is to provide densities
that will support transit, and achieve a mix of residential and other uses. They are also intended
to have streetscapes and a built form that is pedestrian -friendly and transit -oriented. Staff are of
the opinion that the proposed Official Plan Amendment will support a development that complies
with the policies for a Major Transit Station Area. In accordance with Official Plan policy, the City
is in the process of preparing Station Area Plans for each Major Transit Station Area. Until such
time as Station Area Plans are completed any development application submitted within a Major
Transit Station Area will be reviewed generally in accordance with the Station Study Areas
contained in the City's Planning Around Rapid Transit Station Areas (PARTS) Project Plan and
Background Report.
The subject lands are located in the PARTS Central Plan and are proposed to be include in the
Cedar Hill and Schneider Creek Secondary Plan. Both the PARTS Plan and the preliminary
information contained in the draft policies of the Secondary Plan recommend an increase to
permitted height and density of the subject lands to 8 storeys, and a maximum floor space ratio
of 2.0. While the proposed land use designation would permit development at a greater height
and density than what is contemplated through the neighbourhood planning review, staff is of the
opinion that the subject development has been designed in such a way that it is appropriate for
the subject lands. The subject development proposal is tailored to the unique locational
characteristics of this site, and responds to the surrounding neighbourhood. Through the
associated Zoning By-law Amendment, site specific setbacks and stepbacks are recommended
based on site specific Urban Design Gudielines, which staff also recommend by adopted by
Council for implementation through the Site Plan process.
The amendment as proposed herein is consistent with the objectives of the Provincial Policy
Statement, conform with Policies of the Growth Plan for the Greater Golden Horseshoe, and
conforms to the Regional Official Plan and policies of the City's Official Plan, as described in
Report DSD -21-005. Staff are of the opinion that the proposed Official Plan Amendment
represents good planning, and recommends that the proposed Official Plan Amendment be
approved.
1-24
DSD -21-005 - Appendix A
SECTION 4 — THE AMENDMENT
The City of Kitchener Official Plan (1994) is hereby amended as follows:
a) Amend Map No. 12 — Mill Courtland Woodside Park by:
i) Designating Amendment Area 1 High Density Commercial Residential with
Special Policy 16 instead of Low Density Commercial Residential, as shown on
the attached Schedule "A"; and
ii) Designating Amendment Area 2 High Density Commercial Residential with
Special Policy 16 instead of former Rail Right -of -Way, as shown on the attached
Schedule "A".
b) Add new Policy 16 to Section 13.4.4 - Special Policies, as follows:
16. Notwithstanding the High Density Commercial Residential land use
designation and policies of the lands located at 19 — 41 Mill Street:
a) the maximum Floor Space Ratio shall be 3.5
b) the maximum number of storeys shall be 12.
1-25
DSD -21-005 - Appendix A
APPENDIX 1: Notice of the Planning & Strategic Initiatives Committee Meeting (February 8, 2021)
PROPERTY OWNERS AND INTERESTED PARTIES ARE INVITED
TO ATTEND A PUBLIC MEETING TO DISCUSS
PROPOSED OFFICIAL PLAN & ZONING BY-LAW AMENDMENTS
UNDER SECTIONS 17,22 & 34 OF THE PLANNING ACT
19-41 Mill Street
Polocorp Inc. is proposing Official Plan and Zoning By-law Amendments to permit the lands at 19-41 Mill
Street to be developed with a multiple dwelling, having a maximum height of 12 -storeys and a maximum
floor space ratio of 3.5.
In keeping with physical distancing measures recommended by Public Health due to COVID-19, an
electronic public meeting will be held by the Planning & Strategic Initiatives Committee, a Committee
of Council which deals with planning matters, on:
Monday, February 8, 2021 at 7:00 p.m.
(live -stream video available at kitchener.ca/watchnow)
If you wish to make written and/or verbal comments either in support of, or in opposition to, the above noted
proposal you may register as a delegation at kitchener.ca/delegations or by contacting Legislated
Services at 519-741-2200 ext. 2203 by no later than 4:00 p.m. on February 8, 2021. A confirmation email
and instructions for participating in the meeting electronically with be provided once your registration is
received.
If a person or public body would otherwise have an ability to appeal the decision of the City of
Kitchener to the Local Planning Appeal Tribunal, but the person or public body does not make oral
submissions at a public meeting or make written submissions to the City of Kitchener prior to
approval/refusal of this proposal, the person or public body is not entitled to appeal the decision.
ADDITIONAL INFORMATION is available by contacting the staff person noted below or by viewing the report
contained in the meeting agenda (posted 10 days before the meeting at www.kitchener.ca - click on the date
in the Calendar of Events and select the appropriate committee).
Brian Bateman, Senior Planner - brian.bate man a-kitchener.ca
1-26
DSD -21-005 - Appendix A
APPENDIX 2: Minutes of the Planning & Strategic Initiatives Committee Meeting (February 8, 2021)
1-27
APPENDIX 3 - Minutes of the Meeting of City Council
DSD -21-005 - Appendix A
1-28
DSD -21-005 - Appendix A
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DSD -21-005 - Appendix B
PROPOSED BY — LAW
12021
BY-LAW NUMBER
OF THE
CORPORATION OF THE CITY OF KITCHENER
(Being a by-law to amend By-law 85-1, as amended,
known as the Zoning By-law for the City of Kitchener
— Polocorp I nc. — 19 — 41 M ill Street)
WHEREAS it is deemed expedient to amend By-law 85-1;
NOW THEREFORE the Council of the Corporation of the City of Kitchener
enacts as follows:
1. Schedule Number 86 of Appendix "A" to By-law Number 85-1 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 Commercial
Residential One Zone (CR -1) to Residential Eight Zone (R-8) with Special
Regulation Provisions 1 R and 768R and Property Detail Schedule 44.
2. Schedule Number 86 of Appendix "A" to By-law Number 85-1 is hereby amended
by changing the zoning applicable to the parcel of land specified and illustrated as
Area 2 on Map No. 1, in the City of Kitchener, attached hereto, from Commercial
Residential One Zone (CR -1) with Special Regulation Provision 1R to Residential
Eight Zone (R-8) with Special Regulation Provisions 1 R and 768R and Property
Detail Schedule 44.
3. Schedule Number 86 of Appendix "A" to By-law Number 85-1 is hereby further
amended by incorporating additional zone boundaries as shown on Map No. 1
attached hereto.
4. Appendix "B" to By-law 85-1 is hereby amended by adding Property Detail
Schedule No. 44 thereto, as shown on Map No. 2 attached hereto.
5. Appendix "D" to By-law 85-1 is hereby amended by adding Section 768 thereto as
follows:
"768. Notwithstanding Sections 5.13, 6.1.1, 6.1.2 and 42.2 of this By-law within
the lands zoned R-8 and shown as being affected by this subsection on
Schedule Number 86 of Appendix `A' the following special regulation shall
apply:
a) parking shall be provided at a rate of 1.0 space per unit plus 0.1 visitor
spaces per unit.
b) Off-street parking spaces, except for drop-off and loading spaces,
shall be located within a building.
1-30
DSD -21-005 - Appendix B
c) Drive aisles may be located up to 1.5 metres from a street line. Any
aisle setback less than 3.0 metres from a street line shall be screened
with a visual barrier having a minimum height of 0.75 metres.
d) Type A and B bicycle parking to be provided in accordance with
Section 5.5 of By-law 2019-051.
e) Electric Vehicle parking to be provided in accordance with Section 5.8
of By-law 2019-051.
f) In addition to the Home Business uses permitted to be located in a
multiple dwelling:
i) Indirect Sales shall also be permitted. For the purposes of this
regulation Indirect Sales shall be defined as "a home occupation
which conducts the sale of goods via mail order, telephone, fax, or
internet, but shall not include direct sales or the storage of
inventory on site."
ii) Artisan's establishment may include retail and instruction.
iii) a home occupation may attract a maximum of one customer or
client at any one time.
g) A multiple dwelling shall have a central air conditioning system, and
building components as identified in the Noise and Vibration
Feasibility Study for 19- 41 Mill Street, dated June 19, 2019, prepared
by HGC Engineering.
h) For a lot having a minimum lot width of 100 metres and a minimum lot
area of 0.7 hectares:
a) The maximum floor space ratio shall be 3.5;
b) The maximum building setbacks are 4.5 metres (front yard); 5.4
metres (interior side yard — south); 10.3 metres (interior side yard
— north) and 7.6 metres (rear yard) as defined in Property Detail
Schedule No. 44.
c) The maximum height for a multiple dwelling:
i) within Area A, as shown in Property Detail Schedule No. 44 of
By-law 85-1, shall be 14.0 metres and 4 storeys,
ii) within Area B, as shown in Property Detail Schedule No. 44 of
By-law 85-1 shall be 25.0 metres and 7 storeys,
iii) within Area C, as shown in Property Detail Schedule No. 44 of
By-law 85-1 shall be 36.0 metres and 10 storeys, and
1-31
DSD -21-005 - Appendix B
iii) within Area D, shown in Property Detail Schedule No. 44 of
By-law 85-1 shall be 42.0 metres and 12 storeys."
7. This By-law shall become effective only if Official Plan Amendment No. '(19-
41 Mill Street) comes into effect, pursuant to Section 24(2) of The Planning Act,
R.S.O. 1990, c. P.13, as amended.
PASSED at the Council Chambers in the City of Kitchener this
day of
, 2021.
Mayor
Clerk
1-32
DSD -21-005 - Appendix B
SCHEDULE No. 44 MAP NO. 2
DATE :NOVEMBR16,2020 DETAIL from SCHEDULE NO. 86 of APPENDIX 'A' 0 METRIC 6 L 10
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1-34
URBAN DESIGN GUIDELINES
July 2020
Revised November 2020
19, 25, 29, 33, 37, and 41 Mill Street
City of Kitchener, Ontario
DSD -21-005 - Appendix C
TABLE OF CONTENTS
1.0
INTRODUCTION..................................................................................................................................... 2
2.0
BACKGROUND.......................................................................................................................................4
2.1 Applications..................................................................................................................................4
2.2 Public Consultation.......................................................................................................................4
3.0
VISION...................................................................................................................................................6
4.0
DEVELOPMENT CONCEPT.....................................................................................................................7
4.0
DESIGN GUIDELINES............................................................................................................................12
4.1 Site Design 12
4.2 Building Design...........................................................................................................................14
1-36
DSD -21-005 - Appendix C
1.0 INTRODUCTION
In August 2019, Polocorp Inc. ("Polocorp") submitted an Official Plan and Zoning By-law
Amendment application package in support of a development proposal on the lands
municipally addressed as 19, 25, 29, 33, 37, and 41 Mill Street within the City of Kitchener
(the "Site"). Since that time, Polocorp has received extensive input from the public and
City staff through a series of public consultation and focus group meetings. Written
comments were also received. In response, Polocorp has taken the comments into
consideration and has further refined the proposed development concept.
The revised development proposal consists of approximately 180 residential units in a 12 -
storey building, with stacked townhouse units fronting Mill Street and the Iron Horse Trail.
While the unit count and building height are similar to the original proposal, the revised
plan has introduced fundamental shifts to the building massing and configuration
including significant stepping to the building height, increased building setbacks and a
reconfigured parking garage and new garage entrance from Mill Street.
FIGURE 1: SITE LOCATION AND SURROUNDING CONTEXT
The revisions to the plan have been made based on a series of design principles that
were prepared, in consultation with City staff, in response to the comments received.
While the design principles provide the foundation to the development concept, more
refined guidelines are required to inform the ultimate Site Plan design. The purpose of the
Urban Design Guidelines - November 2020
12
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DSD -21-005 - Appendix C
following guidelines is to provide an overview of the works completed thus far, a summary
of the design principles and outline the urban design guidelines that are to be used in
the preparation of the final building and site designs. The enclosed Guidelines should be
considered with, and are supplemental to, the Urban Design Brief submitted in August
2019.
t'4
�"A
-77
FIGURE 2: NORTHEAST CORNER OF THE SITE
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DSD -21-005 - Appendix C
2.0 BACKGROUND
2.1 APPLICATIONS
Between 2011 and 2018, a series of Pre -consultation meetings were held with City staff
for the properties located at 19-41 Mill Street with the final meeting held on November
20, 2018. On August 16, 2019, Polocorp submitted applications for Official Plan and
Zoning By-law Amendments in support of the redevelopment of the lands as a multi -
residential condominium building. The development concept, at that time, had
considered comments that had been received from City staff including those
pertaining to building height, massing, materials and siting. The proposed development
consisted of approximately 176 residential units, in an eight and ten -storey mid -rise
building along with a three -and -a -half storey podium comprised of townhomes fronting
on both Mill Street and the Iron Horse Trail.
Following the formal Official Plan and Zoning By-law Amendment submission, the
application package was circulated for comment to City staff and stakeholder
agencies. A Neighbourhood Information Meeting was scheduled at this time, initiating
extensive consultation efforts with the surrounding community and City staff.
2.2 PUBLIC CONSULTATION
Polocorp has made concerted efforts to work with, and have prioritized input from, the
community to refine the development proposal. To do so, extensive community
consultation was undertaken by Polocorp in cooperation with City staff.
The required Neighbourhood Information Meeting (NIM) was held at the Victoria Park
Pavilion and was well attended throughout the night. As a result of the NIM, it was
determined that assembling a working group, comprised of residents, the Ward
Councillor, City staff and Polocorp, would provide an opportunity to continue
consultations and further refine the development concept.
To date, a total of four community consultation meetings have been held:
December 4, 2019
Neighbourhood Information Meeting
January 15, 2020
Working Group Meeting #1
February 4, 2020
Working Group Meeting #2
March 4, 2020
Working Group Meeting #3
These meetings offered valuable commentary on the project from residents and City
staff that were used to formulate the proposed design principles. In addition to these
meetings, Polocorp received written comments from residents and community groups
through letters and emails. Polocorp also actively followed social media and
documented comments made in public community groups and discussion boards.
The comments received through the public consultation process were valuable in
identifying the priorities of the community and determining appropriate revisions to the
development concept. Using this information, Polocorp prepared a series of design
Urban Design Guidelines — November 2020
4
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DSD -21-005 - Appendix C
principles and guidelines that will be used to inform the ultimate development of the
Site and final building design.
Urban Design Guidelines - November 2020
15
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DSD -21-005 - Appendix C
3.0 VISION
The redevelopment of the Site is envisioned as a high-quality multi -residential
development within central Kitchener. The proposed development will provide a mix of
dwelling types within a Major Transit Station Area, within walking distance to Downtown
Kitchener, and as well as open spaces and community amenities. The building will
respect the existing built -form of the street by introducing compatible building heights
and massing with particular consideration given to the properties immediately adjacent
to the Site. The proposed development will be sensitive to the existing architectural
character of the street by utilizing complementary building materials, architectural
elements and details. It is intended that the proposed development will provide an
opportunity to reside within, and contribute to the continued success of, the Schneider
Creek community.
The following goals and objectives have been identified for the proposed development:
1. Provide a building design that positively contributes to the active streetscape
along Mill Street and the Iron Horse Trail;
2. Introduce an architectural design that is appropriate for the area that integrates
complementary heights, massing, and orientation while utilizing architectural
elements, details, and materials of a high quality to enhance the public realm;
3. Respect the existing neighbourhood character through compatible building
massing (building height, scale and location), building design principles, and
streetscape elements;
4. Introduce pedestrian entrances and connections that provide opportunities for
future residents of the Site to utilize public transit and active transportation routes;
5. Design the Site to be compatible and sympathetic with the adjacent cultural
heritage resources (45 Mill Street and the Victoria Park Area Heritage Conservation
District);
6. Provide a compact built form that introduces a variety of housing sizes and types
to the Schneider Creek neighbourhood and supports intensification within the City
while conserving the character of the surrounding established low-density
neighbourhoods;
7. Provide opportunities for future residents to access open spaces and parking with
the area, including the Iron Horse Trail, Mike Wagner Greenway, and Victoria Park;
8. Explore opportunities to enhance the existing public outdoor amenity areas,
including the Mike Wagner Greenway, in consultation with the City and other
commenting agencies, as well as provide for new private outdoor amenity spaces
through landscaping at ground level, rooftop terraces and introduction of
porches;
9. Create a safe and lively public realm that integrates design elements that will
minimize sun, wind and shadow impacts; and,
10. Provide a sustainable built form that is compact and incorporates elements to
reduce energy and water consumption.
Urban Design Guidelines - November 2020
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i�AFI
DSD -21-005 - Appendix C
4.0 DEVELOPMENT CONCEPT
The extensive public consultation that was undertaken between December 2019 and
March 2020 produced a series of specific design recommendations. As a result, the
original development concept that was submitted in August 2019 has been revised to
reflect these comments.
The revised Development Concept was prepared by ABA Architects and illustrates the
proposed massing, heights, and general configuration of the proposed development.
The Concept Plan is attached as Appendix A. It has been informed by the following
design principles that have been prepared based on the specific direction provided
during the consultation process:
1. Provide appropriate setback from 15 Mill Street:
A. 10.5 metre setback from the northern property line,
B. Building stepback above 3 -storeys in line with the rear lot line of 15 Mill
Street, at minimum.
Ensuring a compatible interface with adjacent uses was clearly communicated by
residents and City staff. Compatibility with adjacent uses can be facilitated in a variety
of ways, including ensuring sufficient building setbacks and maintaining appropriate
building massing. As such, a minimum side yard setback of 10.5 metres from the
northern lot line is proposed (ie. from Mill Street). The proposed setback will provide
appropriate separation between uses while allowing for landscape detailing to further
facilitate a compatible interface.
In addition to the proposed setback, the building height will not exceed 3 storeys within
the front portion of the property. The building is to step up in height no closer than the
equivalent to the lot depth of 15 Mill Street. By doing so, the building's massing will be
sufficiently set back from the existing house and avoid unreasonable impacts on the
adjacent property.
2. Maximum height of 12 storeys to be limited to northwest portion of the Site,
A maximum height of 12 -storeys is proposed; however, this height is to be situated only
in the northwest portion of the Site. In doing so, the dimensions of the building tower
would be reduced in size, thereby minimizing shadow, wind and visual impact on the
surrounding properties. This building massing is in response to comments received
indicating that the 'slab tower' proposed in the original submission was too imposing
and inconsistent with the community. As such, the change in building massing, in
combination with a mix of building materials as well as substantial terracing, the
building is more compatible with the surrounding uses and allows for the character of
the community to be maintained at the buildings' interfaces with adjacent uses.
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DSD -21-005 - Appendix C
3. Utilize a variety of building materials in order to break up the massing and
articulate uses:
A. Multi -residential building, including podium, building entrance and
parking garage, to utilize contemporary building materials such as brick,
stone and glass,
B. Townhouse elevations to utilize traditional building materials including
brick, stone and incorporate features such as porches and patios, where
appropriate:
Utilizing a mix of building materials is a method in which a building's massing can be
broken up, while also creating a distinct character to building components. Mill Street is
currently characterized by older, brick homes. Through the public consultation process,
it was clear that maintaining a similar character was an important consideration. As
such, utilizing brick and more 'traditional' building features on the ground -related
townhomes would be appropriate. By utilizing a building style that is influenced by, and
not mimicking, the traditional character of the street, the development can be
integrated into the existing streetscape without overtly standing out.
Similarly, the materials used on the upper storeys can influence the perception the
building's massing and character. By utilizing more contemporary building materials,
features and colour palettes, the multiple -dwelling component of the building will be
differentiated from the ground -related units, and thus, visually break up the building's
massing. When accompanied by the increased use of glass and a different colour
palette, the upper storeys could also have an airy and lighter aesthetic to them and
alleviate the perception of mass to them.
Figure 3: Townhomes and apartment massing can be differentiated using materials
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DSD -21-005 - Appendix C
4. Explore opportunities to commemorate the community and celebrate the history
of the area. Opportunity to utilize research from the Architectural Conservancy
Ontario.
The residents of Mill Street and the surrounding area have a strong sense of community,
tied to a long history in the City. The redevelopment of the lands provides an
opportunity to grow the community, while also providing an opportunity to
commemorate and honour it. Polocorp is committed to exploring options to integrate a
commemorative feature into the building, utilizing information found from the
Architectural Conservancy Ontario, artifacts or suggestions from residents.
5. Terrace building and utilize building stepbacks as amenity areas;
A. Building stepback from Mill St above 3 -storeys creates private terraces;
B. Rooftop terrace to be provided on building podium;
C. Building steps up in height
The original development concept proposed a slab tower with little building
articulation. Comments received through the consultation process indicated that
stepping of the building height was preferred. With the introduction of additional
terraces into the building design, an appropriate transition between the low-rise
residential to the south and the higher portions of the building can be provided. An
Angular Plane Analysis has been prepared and has been included as Appendix B. The
terraces also provide an opportunity to integrate active uses, such as amenity areas,
into the exterior of the building and increase the overall level of activity around the
building.
FIGURE 4: TERRACING OFFERS OPPORTUNITIES FOR OUTDOOR AMENITY AREAS
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DSD -21-005 - Appendix C
6. Utilize high-quality landscape design to provide an attractive interface between
building and adjacent uses:
The proposed development concept includes substantial setbacks on all sides of the
property and provides opportunity for high quality at -grade landscape treatments
throughout the Site. The Mill Street frontage is dominated by townhouse dwellings that
include off-street parking within the internal parking structure. With the absence of
individual driveways, there is ample opportunity to introduce high-quality landscaping
along the Mill Street frontage and create a comfortable and attractive street edge.
Similar treatments can be carried around the balance of the building to provide an
attractive interface between the proposed development and the adjacent uses. The
introduction of large setbacks allows for substantial vegetation to be planted,
particularly on the north side from Mill Street, in order to soften the building edges at the
pedestrian level. The south side of the building, fronting the Iron Horse Trail, offers a
unique opportunity to create an active, and landscaped, building edge along the trail
while also improving safety along this corridor through the use of lighting and increased
visibility.
7. Landscape design to recognize connection with Wagner Green:
A. Utilize common landscape features including plant species and building
materials:
B. Provide pedestrian crosswalk, if feasible and/or desirable:
C. Introduce commemorative plaque or other community benefit within
Wagner Green, if feasible, or off-site:
Comments received through the consultation process often referred to Wagner Green
as a communal meeting space and an appreciated community asset. The proposed
development will provide ample landscaped areas around the entirety of the Site,
including along Mill Street. Taking design cues from Wagner Green will provide a
physical, and visual, connection between the greenspaces and, ultimately, increase
the overall sense of space. Polocorp Inc will work with City staff, and the community, to
determine whether a pedestrian connection to the park is feasible, or desired.
8. Access to parking garage to be centrally located along Mill Street frontage:
A. Residential units to be located adjacent to 45 Mill Street:
By re -locating the access to the parking garage from the east end of the building off of
Mill Street to a more central location to the west within the building frontage, the north
and south ends of the building can be utilized for only residential uses. Locating
residential uses adjacent to existing residential uses allows for a direct social and visual
connection between the new and existing dwellings, and facilitates a more compatible
introduction of the development to the community.
9. Parking to be provided in above -grade garage:
A. Garage is to be integrated into building podium and is not to exceed 3 -
storey's in height:
B. Garage is to be screened from view from Mill Street and Ironhorse Trail:
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DSD -21-005 - Appendix C
Underground parking is not feasible on the Site and, as such, an above -grade parking
structure is necessary. To mitigate the visual impact of the parking structure, it is
proposed to be internal to the building podium and not to exceed 3 -storeys in height.
The structure will be screened from view from Mill Street and the Iron Horse Trail by the
townhomes that form the frontages of the building. Screening the parking structure
improves the overall aesthetic of the building and maintains active frontages at -grade.
10. Provide appropriate setbacks from southern property line and 45 Mill Street:
A. Side yard setback in excess of Zoning By-law requirements;
B. Building stepback from southern property line above 3 -storeys;
C. Building setback tapered away from adjacent lot.
As with the north side of the development, ensuring compatibility with the adjacent
uses is a primary design principle for the development. East of the Site is primarily
comprised of low-density residential uses, including a heritage building at 45 Mill Street.
Considering this, it is proposed that an oversized building setback and stepped building
height be provided in order to provide an appropriate transition between the low-
density character east of the Site and the higher building elements on the west side of
the development. Such a transition is supported by the updated Heritage Impact
Assessment prepared by CHC Limited, dated July 2020.
- ---------
f
Removed
,Added
FIGURE 5: GENERALIZED MASSING REVISIONS TO ORIGINAL CONCEPT
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DSD -21-005 - Appendix C
4.0 DESIGN GUIDELINES
The following design guidelines have been prepared to inform the Site Plan Approval
process and should be considered in the preparation of the final building plans, site
plan, building elevations and other detail plans, however, they are intended to be
flexible in nature and represent the general intent for the development.
These guidelines have been informed by the City of Kitchener Official Plan and Urban
Design Manual (UDM), including the Part B: Design for Tall Buildings, and input received
through extensive public consultation with the community and City staff. Specific
design recommendations described within Section 3.0 of this report have been
reflected in the Design Guidelines.
4.1 SITE DESIGN
Site Circulation and Parking
• Create a comfortable and convenient pedestrian environment by avoiding
physical and visual barriers around the Site;
• Open spaces surrounding the building should prioritize pedestrian connectivity,
comfort and safety;
• Avoid the creation of entrapment areas;
• Provide bicycle parking in convenient and visible locations;
• Access to parking garage to be centrally located along Mill Street frontage and
shall not be located adjacent to 45 Mill Street;
• Provide direct pedestrian access to townhomes from Mill Street and Iron Horse
Trail;
• Parking to be provided in above -grade parking structure that is integrated into
the building podium;
• Parking structure is not to exceed 3 storeys in height;
• Parking structure is to be screened from view from Mill Street and the Iron Horse
Trail;
• Locate barrier -free parking spaces in close proximity to building entrances;
• Ensure pedestrian and cyclist safety by maximizing visibility;
• Utilize contrasting materials for walkways over vehicular routes;
Universal Design
• Site and building are to be designed to be fully compliant with Ontario Building
Code and accessibility standards;
• Site should be designed for varying levels of mobility and provide ramps,
handrails and other barrier free measures, where necessary;
• Design should consider seasonal changes, including snow clearing and storage;
Safety and Security
• Site design is to avoid the creation of entrapment areas, including dead ends
and hidden spaces;
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DSD -21-005 - Appendix C
• Active spaces around the building should be sufficiently lit to avoid areas of
reduced visibility;
• Residential units should be designed with windows fronting the street and the Iron
Horse Trail so as to encourage natural surveillance and 'eyes on the street';
Arts and Culture
• Incorporate a commemoration to the community and the history of the area
through the use of features such as interpretive glass or heritage furniture, if
desired;
• Introduce a commemorative plaque or other community benefit within Wagner
Green, if feasible;
Landscape Design
• Introduce a high-level of landscape design that contributes to the character of
Mill Street and further promotes a sense of place;
• Utilize high-quality landscape design and materials to provide an attractive
interface between building and adjacent uses;
• Introduce a high-level of landscaping within the eastern side yard, along the
building and property line to soften the building edge;
• Provide visual screening between adjacent uses, such as opaque fencing,
including board -on -board fencing or dense coniferous shrubbery;
• Give preference to native pollinator species;
• Explore opportunity to provide pedestrian crossing in consultation with City staff
and neighbourhood residents;
• Utilize creative landscape design to provide buffering between adjacent uses
and soften the building edge along Mill Street and the Iron Horse Trail;
• High-level of landscape design fronting along the Iron Horse Trail that maintains
visibility to the trail and includes sufficient lighting;
• Design to accommodate seasonal variation;
• Utilize vegetation that is suitable for the context, including species that can
tolerate urban conditions, such as road salt and heat;
• Utilize a mix of vegetation to provide visual interest including colour and texture;
Lighting
• Lighting is to be compatible with existing character of the street;
• Avoid light spillover and glare onto adjacent properties or living areas;
• All on-site lighting is to be full cut-off (uplight zero or UO) and dark sky compliant;
• Utilize energy efficient light fixtures and bulbs;
• Consider the use of pedestrian scaled lighting along walkways, building
entrances and amenity areas;
• Where possible, utilize a higher number of fixtures at lower voltages, to provide
uniform light distribution;
• Site lighting should be designed such that active areas are sufficiently lit so as to
avoid shadowed, and potentially unsafe, areas;
• On-site lighting is to correlated colour temperature, with a maximum of 3000K;
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DSD -21-005 - Appendix C
Sustainability
• Introduce a mix of vegetation, including native and pollinator species;
• Maximize permeable landscape features, where feasible;
• Utilize low-energy, efficient LED lighting, where feasible;
• Install efficient, energy -star appliances;
• Utilize landscaped spaces for outdoor amenity and gather spaces;
Heritage
• Recognize the existing street -line and building setbacks to help maintain street
character;
• Consider materials and architectural features of existing building stock on Mill
Street;
• Minimize any impacts on the character of Queen Street caused as a result of
view, shadow -cast or wind;
• Transition building heights and massing to respect the existing character of Mill
Street;
• Integrate the surrounding landscape open space with Mike Wagner Greenway
and Iron Horse Trail;
Microclimate
• Provide pedestrian refuges through the use of awnings, overhangs and other
architectural elements;
• Introduce trees within the landscaped open spaces to regulate on-site
microclimates;
• Consider seasonal variations in the design of outdoor amenity and pedestrian
areas;
• Provide indoor and outdoor bicycle parking;
• Further recommendations to be provided through detailed Wind Study, to be
completed as part of Site Plan Approval.
4.2 BUILDING DESIGN
To// Building Design
The portion of the building standing over 9 storeys in height has a total area that
exceeds 850 sq. m (approximately 1,300 sq. m) and is configured in an "L" shape. Due
to the buildings dimensions, it is considered a slab tower, as per the To// Building Urban
Design Guidelines. As such, the following guidelines have been prepared to be
consistent with the guidelines described for `Large Slab' towers.
• Building height should be articulated across the building and contribute to a
sense of identity;
• Building base shall not exceed 4 storeys in height;
• Building base is to be flanked by townhouse units to create active frontages on
Mill Street and Iron Horse Trail;
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DSD -21-005 - Appendix C
• Building height shall not exceed 12 storeys;
• Maximum building height shall be isolated to the western end of the building;
• Floors 4 to 10 are to step down from west to east toward 45 Mill Street;
• Street -fronting townhomes shall not exceed 4 -storeys in height, including a step -
back to provide a 3,d storey terrace;
• Articulation in building height should contribute to a unique skyline and building
top;
• Building should be designed to ensure a human -scale interface with the public
realm;
Scale and Massing
• The building is to be designed at a scale that is compatible with the existing and
planned surroundings;
• Massing is to be articulated to create visual interest and a sense of identity;
• Maintain a human scale, particularly along Mill Street and the Iron Horse Trail
• Differentiate the massing between the townhomes and the multi -residential
building;
• Utilize glazing and transparency on street facing facades to encourage a
human scale at street level;
• Massing should reflect the transition in scale between adjacent uses;
• Provide articulation along the building face fronting onto Mill Street to create
visual interest;
Setbacks
• Front yard setback is to be compatible with existing adjacent uses;
• Provide a minimum 10.5 metre interior side yard setback on the west side of the
property, adjacent 15 Mill Street;
• Provide a minimum 5 metre interior side yard setback on the east side of the
property, adjacent 45 Mill Street;
• Taper building setback away from eastern lot line;
• Setbacks are to be landscaped, where feasible.
Stepbacks
• Stepback upper floors to encourage a pedestrian scale along Mill Street and the
Iron Horse Trail;
• Stepback upper floors to create an appropriate transition from the adjacent
uses;
• Building to stepback from the front lot line above the 3rd storey, with the intent
being that the building stepback, at minimum, aligns with the rear lot line of 15
Mill Street, at minimum;
• Utilize building stepbacks as common amenity areas and private terraces to
increase active outdoor spaces;
• Building podium to stepback above 3 storeys to create townhouse rooftop
terraces;
Urban Design Guidelines - November 2020
1 15
1-50
DSD -21-005 - Appendix C
• Rooftop terrace to be provided on building podium;
• Building height to step up to maximum building height;
• Floors 4 to 7 to stepback a minimum of 7 metres from eastern building face;
• Floors 8 to 10 to stepback a minimum of 18 metres from floors 4 - 7 eastern
building face;
• Floors 1 1 and 12 to stepback a minimum of 32 metres from floors 8 - 10 eastern
building face;
Amenity Areas
• Utilize amenity areas as a means of creating visual interest throughout the
building exterior;
• Include amenity areas on building rooftops, where feasible;
• Amenity areas should be designed to be flexible in use;
• Porches are to be provided on townhomes;
• Consider seasonal changes in the design of amenity areas;
• Ensure amenity areas allow for natural surveillance of Mill Street. Iron Horse Trail
and shared amenity spaces;
• Wind impacts to be mitigated in accordance with the detailed Wind Study;
• Minimize overlook onto private spaces, where possible;
Materials and Articulation
• Materials should be compatible with those found throughout the existing
neighbourhood, however, the intent is not to mimic but complement;
• Respect the rhythm of design elements within the existing streetscape;
• Utilize a variety of materials in order to break up the massing and articulate uses;
• Create visual interest through the use of architectural details, use of colour,
materials and textures, particularly at the pedestrian scale;
• Multi -residential building, including podium, building entrance and parking
garage, to utilize contemporary building materials such as brick, stone and glass;
• Townhouse elevations to utilize traditional building materials including brick and
stone as well as features such as porches and patios, where appropriate;
Building Entrance
• Primary building entrance should be prominent and visually distinct from the
street;
• Entrance should be visible and inviting.
Urban Design Guidelines - November 2020
1 16
1-51
APPENDIX A
Concept Plan
DSD -21-005 - Appendix C
1-52
APPENDIX B
Design Principles Summary
DSD -21-005 - Appendix C
1-54
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PROPERTY OWNERS AND INTERESTED PARTIES ARE INVITED
TO ATTEND A PUBLIC MEETING TO DISCUSS
PROPOSED OFFICIAL PLAN & ZONING BY-LAW AMENDMENTS
UNDER SECTIONS 17,22 & 34 OF THE PLANNING ACT
19-41 Mill Street
DSD -21-005 - Appendix D
Polocorp Inc. is proposing Official Plan and Zoning By-law Amendments to permit the lands at 19-41 Mill
Street to be developed with a multiple dwelling, having a maximum height of 12 -storeys and a maximum
floor space ratio of 3.5.
In keeping with physical distancing measures recommended by Public Health due to COVID-19, an
electronic public meeting will be held by the Planning & Strategic Initiatives Committee, a Committee
of Council which deals with planning matters, on:
Monday, February 8, 2021 at 7:00 p.m.
(live -stream video available at kitchener.ca/watchnow)
If you wish to make written and/or verbal comments either in support of, or in opposition to, the above noted
proposal you may register as a delegation at kitchener.ca/delegations or by contacting Legislated
Services at 519-741-2200 ext. 2203 by no later than 4:00 p.m. on February 8, 2021. A confirmation email
and instructions for participating in the meeting electronically with be provided once your registration is
received.
If a person or public body would otherwise have an ability to appeal the decision of the City of
Kitchener to the Local Planning Appeal Tribunal, but the person or public body does not make oral
submissions at a public meeting or make written submissions to the City of Kitchener prior to
approval/refusal of this proposal, the person or public body is not entitled to appeal the decision.
ADDITIONAL INFORMATION is available by contacting the staff person noted below or by viewing the report
contained in the meeting agenda (posted 10 days before the meeting at www.kitchener.ca - click on the date
in the Calendar of Events and select the appropriate committee).
Brian Bateman, Senior Planner - brian.bate man a-kitchener.ca
1-56
Internal memo
Infrastructure Services Department
Date: October 25, 2019
To: Katie Anderl, 519-741-2200, ext. 7987
From: Karen Leasa, Parks & Cemeteries, 519-741-2600 ext. 4176
cc: N/A
Subject: COMMENTS for: OPA/ZBA Submission — 19-41 Mill St
DSD -21-005 - Appendix E
K R
www.kitchener. ca
The below comments are in response to the OPA/ZBA Submission for 19-41 Mill St. A more
detailed response (if required) will be provided from Parks & Cemeteries at time of Site Plan
submission.
Park Dedication
• Parkland Dedication will be required for the proposed development at the time of Site
Plan Application in the form of cash -in -lieu.
• Land appraisal for all proposed residential units will be assessed at the rate for Multiple
Residential Apartment ($1,359,000/ha) since use areas for the two proposed residential
types (multiple residential apartment and multiple residential townhouse) overlap. If
the applicant feels there is a discrepancy with this approach, a land appraisal value can
be submitted for consideration.
• For the proposed development of 176 residential units on the net site area of 0.72ha,
the dedication amount would be approximately $478,368. Any change to the
development as proposed could change this amount.
Access Trail(s)
• Parks & Cemeteries is in agreement with the proposed paved connections to the Iron
Horse Trail from the applicant's property. This connection is consistent with the Iron
Horse Trial Improvement Strategy (2015).
• Trail connection requirements shall include, but are not limited to the following:
a) Vegetation planted along the trail edge, but should respect the character of the
adjacent public land and/or the trail corridor with a preference for native
material.
b) No drainage from the site or snow clearance is permitted towards the trail or
public lands.
c) Alignment from the site to the Iron Horse Trail is to follow the shortest possible
route from the property as allowed by proposed grading, with final approval
required from Parks & Cemeteries staff.
1-57
Internal memo
Infrastructure Services Department
Street Tree Planting
DSD -21-005 - Appendix E
K R
www.kitchener. ca
• Street tree planting will be a requirement along Mill St as per Development Manual
section M quantities and soil volume requirements, and in accordance with other
considerations from Urban Design staff and review of Parks and Cemeteries.
END OF COMMENTS
1-58
DSD -21-005 - Appendix E
From: Christine Goulet
Sent: Monday, September 30, 2019 12:12 PM
To: Katie Anderl
Cc: Angela Mick
Subject: 19-41 Mill St OPA/ZC
Hi Katie,
I've reviewed the functional servicing report for sanitary only at this time. Engineering is ok with the
proposed zone change and official plan amendment that produces a sanitary peak flow of 6.3L/s.
I have not reviewed their storm water management approach, that will be reviewed at the time of a site
plan application.
Kitchener Utilities will provide comment on the water distribution portion.
Thanks,
Christine Goulet, C.E.T.
Project Manager I Development Engineering I City of Kitchener
519-741-2200 Ext. 7820 1 TTY 1-866-969-9994 1
0000,000-0
1-59
DSD -21-005 - Appendix E
Christine Kompter
From: Christine Goulet
Sent: Monday, September 30, 2019 12:12 PM
To: Katie Anderl
Cc: Angela Mick
Subject: 19-41 Mill St OPA/ZC
Hi Katie,
I've reviewed the functional servicing report for sanitary only at this time. Engineering is ok with the proposed zone
change and official plan amendment that produces a sanitary peak flow of 6.3L/s.
I have not reviewed their storm water management approach, that will be reviewed at the time of a site plan
application.
Kitchener Utilities will provide comment on the water distribution portion.
Thanks,
Christine Goulet, C.E.T.
Project Manager I Development Engineering I City of Kitchener
519-741-2200 Ext. 7820 1 TTY 1-866-969-9994 1 christine.goulet@kitchener.ca
•I:ZfI+7vIoZ•ZoZe�
1-60
DSD -21-005 - Appendix E
Christine Kompter
From: Barbara Steiner
Sent: Monday, February 3, 2020 3:37 PM
To: Katie Anderl
Subject: RE: EnvlPing Draft Comments Pre -submission Consultation - 19-41 Mill Street (ZBA)
Katie: DRAFT Comments dated Nov 2018
ERA
GVO, TP/EP to accompany ZBA
I will attend the pre -sub meeting to: 1. Speak to Engineering and GRCA about water management on the site, and the
possibility of the south end of the property being designed to contribute to an improved stream valley area along
Shoemaker Creek. Would also be interested to know what—if any—plans exist re: trail(s) / parks on City land to the
south. Is Parks staff circulated?
I am copying Matt Wilson from the SWM Utility as they are just starting a study in this section of Shoemaker Creek, and
he may wish to add some comments through Linda's group. I was incorrect in this assumption at the time.
I will finalize my comments so they jive with everyone else's after the meeting for your PSC Record. Don't worry; they
will not be this long J. I have put in the supporting OP policy so everyone knows where I am coming from. Final
comments will be simpler. This is really about water management (SWM) and riparian planting as part of that and the
Tree Management / Landscape Plans.
1. Ecological Restoration Area
A portion of these properties is identified as an Ecological Restoration Area (ERA) in the Kitchener Official Plan (2014,
under appeal). This area is located in the regulated floodway of a Two -Zone Floodplain area, and is considered **part of
the potential riparian area of Schneider Creek.
The applicable OP polices (7.C.2.35, 7.C.2.41, 7.C.2.42, and those in Section 17.E.11) are:
7. C. 2.35
Ecological Restoration Areas are identified by the City in order to enhance the diversity and connectivity of the Natural
Heritage System and to provide habitat supportive of the overall sustainability of the System.
7.C.2.41
Development, redevelopment or site alteration will not be permitted on lands adjacent to an Ecological Restoration Area
unless an Environmental Impact Study or other appropriate study evaluates the area's ecological functions in its optimal
ecological state in accordance with Policy 7.C.2.42, and demonstrates to the satisfaction of the City, Region, Grand River
Conservation Authority and/or Province, as appropriate, that there will be no adverse environmental impacts on the
restored feature or the ecological functions of the feature in its optimal ecological state.
7.C.2.42
The optimal ecological state of an ecosystem may be determined through watershed studies, environmental
assessments, or other similar master plans or studies. Where no such guidance exists, the optimal ecological state of an
ecosystem will be determined by the appropriate agencies having jurisdiction in consultation with the owner/applicant.
[Optimal ecological state is defined in the OP as:
1-61
DSD -21-005 - Appendix E
An optimal ecological state for aquatic and/or terrestrial ecosystems is reflective of ecosystems that are characteristic of
the particular area's natural heritage. Restoration to such an optimal state will attempt to return an ecosystem to its
historic trajectory (e.g. a known prior state, or one that could develop within the bounds of the historic trajectory).
However, such restoration recognizes that ecosystems may not necessarily recover their former states since
contemporary constraints and conditions may cause them to develop along altered trajectories]
Section 17.E.11 of the new Kitchener OP sets out the requirements for an Environmental Impact Study.
The mapping and criteria for identifying individual natural heritage features including Ecological Restoration Areas is
included in the Kitchener Natural Heritage System Technical Background Report (rev. June 2014).
http://www.kitchener.ca/en/livinginkitchener/resources/PLAN NaturaIHeritageSystemsBackground Report. pdf
A (scoped) Environmental Impact Study (EIS) will be required. The presence of an identified Ecological Restoration
Areas may place limitations or conditions on these and adjacent lands related to development, redevelopment or site
alteration --especially when drainage characteristics, site grading and/or stormwater management are being
undertaken. A (scoped) Environmental Impact Study can determine whether/where (re)development is appropriate
and how development should occur.
2. Tree Management Policy
Any treed vegetation on / adjacent to the subject property will need to addressed as per: the requirements of the City's
Council -adopted Tree Management Policy (Tree Management Policy - City of Kitchener) to the satisfaction of the
Environmental Planner (ZC) and the Urban Designer (SP).
Please find my comments pertaining to the Pre -Submission Consultation for the proposed development at 19-37 Mill
Street below:
• There are no natural heritage features of local, Regional, Provincial or Federal significance on or adjacent to the
subject property;
• Limited treed vegetation is present on the property, and is located immediately adjacent (east) to the Iron Horse
Trail. The City (Planning) will require a Tree Preservation / Enhancement Plan that includes the requirements
under the Council -adopted Tree Management Policy (rev. 2001);
• Guiding documents with respect to the natural heritage features and functions on or near the property are as
follows:
o Tree Management Policy. Rev. Nov. 2001. City of Kitchener.
• Please be advised that this property is within GRCA regulated floodplain limits.
N.B.: We sometimes advise that a GVO / TPEP be submitted to aid in answering questions that arise out of the Public
Consultation process. In this particular case, I do not see this as an issue that is likely to emerge from the public as part
of the ZBA application.
From: Christine Kompter
Sent: Thursday, October 25, 2018 10:58 AM
To: Barry Cronkite < Barry. Cron kite@kitchener.ca>; Bell - c/o WSP <circulations@wsp.com>; Carol Bacon
<Carol.Bacon@kitchener.ca>; Cynthia Fletcher<Cynthia.Fletcher@kitchener.ca>; Dan Ritz <Dan.Ritz @kitchener.ca>;
Dave Seller <Dave.Seller@kitchener.ca>; DSD - Planning Division <DSDPlanningDivision@kitchener.ca>; Faranak Hosseini
<Faranak.Hosseini@kitchener.ca>; 'Feds' <vped@feds.ca>; GRCA -Trisha Hughes <thughes@grandriver.ca>; Greg Reitzel
<Greg.Reitzel@kitchener.ca>; Hydro One - Dennis DeRango <landuseplanning@hydroone.com>; Jeff Wildfang
<Jeff.Wil dfang@kitchener.ca>; Jonn Barton <jonn.Barton @kitchener.ca>; Joyce Evans <Joyce.Evans@kitchener.ca>; 'K-
W Hydro - Greig Cameron' <gcameron@kwhydro.on.ca>; Larry Tansley <Larry.Tansley@kitchener.ca>; Linda Cooper
1-62
DSD -21-005 - Appendix E
<Linda.Cooper@kitchener.ca>; Mark Parris <Mark.Parris@kitchener.ca>; Mayor's Office - Admin <MayorsOffice-
Admin@kitchener.ca>; Mike Seiling <Mike.Seiling@kitchener.ca>; MTO -John Morrisey <john.morrisey@ontario.ca>;
'Ontario Power Generation'<Executivevp.lawanddevelopment@opg.com>; Region - Amanda Kutler
<akutler@regionofwaterloo.ca>; 'Region - Blair Allen' <ballen@regionofwaterloo.ca>; 'Region - Brenna MacKinnon'
<bmackinnon@regio nofwaterloo.ca>; Region - Carolyn Crozier <CCrozier@regionofwaterloo.ca>; 'Region - Joginder
Bhatia' <jbhatia@regionofwaterloo.ca>; Region - Shilling Yip <syip@regionofwaterloo.ca>; Richard Parent
<rparent@regionofwaterloo.ca>; Rita Delaney <Rita.Delaney@kitchener.ca>; Robert Morgan
<Robert.Morgan@kitchener.ca>; Tim O'Brien <Tim.OBrien@kitchener.ca>; 'UW - SA' <Steven.amirikah@uwaterloo.ca>;
WCDSB - Planning <planning@wcdsb.ca>; WRDSB - Planning <planning@wrdsb.ca>
Subject: Notice of Pre -submission Consultation - 19-41 Mill Street (ZBA)
FYI - A pre -submission consultation meeting has been scheduled as detailed below. A meeting request and additional
information will be circulated to those invited to attend. If you are not required to attend this meeting but have
comments related to this proposal, please contact the staff person noted below.
PLEASE NOTE: PRE -SUBMISSION CONSULTATION APPLICATIONS ARE TONFIDENTIAL'.
COMMENTS DUE BY: Friday, November 16, 2018
MEETING DATE & TIME: Tuesday, November 20, 2018 - 1:00 - 2:30 p.m. (first % hour will be staff only)
MEETING LOCATION: Schmalz Room, 2"d Floor, City Hall
SITE: 19-41 Mill Street
APPLICANT: Polocorp Inc. (Michael Puopolo)
PROPOSAL:
This pre -submission consultation is a follow-up to the consultation held in July 2018. Based on feedback received from
staff, the applicant has amended their development proposal and refined the form of the building. The applicant is
proposing a one -storey above grade (one -storey below grade) podium with a ten -storey slab tower atop. The podium is
proposed to be wrapped in approximately nine townhouse dwellings and the multiple unit residential tower will consist
of approximately 187 units.
STAFF/AGENCIES INVITED TO ATTEND:
Katie Anderl, Victoria Grohn, Adam Clark, Linda Cooper (or delegate), Barry Cronkite (or delegate), Carol Bacon, Brenna
MacKinnon (or delegate) - Region, Trisha Hughes - GRCA.
Comments or questions should be forwarded to Katie Anderl — Senior Planner (katie.anderl@kitchener.ca, 519-741-
2200 ext. 7987).
Sincerely,
Christine Kompter
Administrative Assistant I Planning Division I City of Kitchener
200 King Street West, 6t" Floor I P.O. Box 1118 Kitchener ON N2G 4G7
519-741-2200 ext. 7425 1 TTY 1-866-969-9994 christine.kompter@kitchener.ca
000000000
1-63
DSD -21-005 - Appendix E
Christine Kompter
From: Trevor Heywood <theywood@grandriver.ca>
Sent: Wednesday, November 4, 2020 3:01 PM
To: Katie Anderl
Subject: [EXTERNAL] RE: 0PA19-003-M-KA and ZBA19-009-M-KA 19-41 Mill St
Hi Katie,
Melissa forwarded this to me, as I cover this part of Kitchener now. We will ask for Special Regulation 1 R to
remain, as part of the property are still going to be affected by floodplain after grading, and the works have not
been undertaken to date.
Thanks,
Trevor Heywood
Resource Planner
Grand River Conservation Authority
519-621-2763 x2292 I theywood@grand river.ca
From: Katie Anderl <Katie.Anderl@kitchener.ca>
Sent: October 29, 2020 11:46 AM
To: Melissa Larion <mlarion@grandriver.ca>
Subject: FW: OPA19-003-M-KA and ZBA19-009-M-KA 19-41 Mill St
Hi Melissa,
Trisha had provided the attached comments about a year ago (GRCA has no objections). I am working on finalizing the
by-law, I just wanted to confirm whether you require us to maintain Special Regulation 1R for all or a portion of the
lands (indicating that GRCA Permit is required)?
Thanks!
Katie
From: Trisha Hughes <thughes@grandriver. ca>
Sent: Friday, November 01, 2019 3:12 PM
To: Katie Anderl <Katie.Anderl@kitchener.ca>
Subject: OPA19-003-M-KA and ZBA19-009-M-KA 19-41 Mill St
Hi Katie,
Please see attached GRCA's comments on the above noted Official Plan Amendment and Zoning By-law Amendment
applications.
If you have any questions, please let me know.
Kind regards,
Trisha Hughes I Resource Planner
Grand River Conservation Authority
400 Clyde Road, Cambridge, ON NIR 5W6
P: (519) 621-2763 x2319
1-64
F: (519) 621-4844
www.grandriver. ca
DSD -21-005 - Appendix E
1-65
DSD -21-005 - Appendix E
Christine Kompter
From: Susanne Glenn-Rigny <Susanne.Glenn-Rigny@cn.ca>
Sent: Thursday, October 24, 2019 11:20 AM
To: Katie Anderl
Subject: Kitchener 19-41 Mill Street OPA 19/003/M/KA and ZBA19/009/M/KA - CN Comments
Good morning Katie
Thank you for circulating CN Rail on the application for a 10 -storey residential building at 19-41 Mill Street. This project
is in proximity to Milepost 1.39 of the Huron Park Spur of the Guelph Spur. This line is a principle branch line. The edge
of the property line is approximately 35 meters from the CN right-of-way.
My comments:
• The Noise and Vibration Feasibility study is acceptable to CN Rail. Two small corrections are requested
o The line is owned by CN Rail and no longer leased to GEXR. References to the lease with GEXR should be
removed.
o Appendix A has the Principle Main Line requirements. This is a Principle Branch Line and the correct CN
standards should be referenced.
As a follow up to our conversation, here are two conditions that CN would request on this development:
The Proponent shall grant CN an environmental easement over the property. This easement is to be registered
by the Proponent and CN's costs for drafting this agreement are to be covered by the Proponent.
• The following clause shall be inserted in all development agreements, offers to purchase, and agreements of
Purchase and Sale or Lease of each dwelling unit within 300m of the railway right-of-way: "Warning: Canadian
National Railway Company or its assigns or successors in interest has or have a rights-of-way within 300 metres
from the land the subject hereof. There may be alterations to or expansions of the railway facilities on such
rights-of-way in the future including the possibility that the railway or its assigns or successors as aforesaid may
expand its operations, which expansion may affect the living environment of the residents in the vicinity,
notwithstanding the inclusion of any noise and vibration attenuating measures in the design of the development
and individual dwelling(s). CNR will not be responsible for any complaints or claims arising from use of such
facilities and/or operations on, over or under the aforesaid rights-of-way."
I will wait for your response as to where in the permitting process these conditions would be placed.
Regards
Susanne
Susanne Glenn-Rigny
Senior Officer, Community Planning and Development I Corporate Services
T: 514-399-7844 1 C: 514-919-7844
Celebrating 100 years I Celebrons nos 100 ans
1-66
Development Engineering
From:
Sent:
To:
Cc:
Subject
Hi Kaye,
Christine Goulet
Monday, September 30, 2019 12:12 PM
Katie Anders
Angela Mick
19-41 Mill St OPAJ2C
DSD -21-005 - Appendix E
Appendix "E"
Department and Agency Comments
I've reviewed the functional servicing report for san;tary only at this time. Engineering :s ok with the
proposed zone change and official plan amendment that produces a sanitary peak flow of 6.3L/s.
I have not reviewed their storm water management approach, that will be reviewed at the time of a site
plan application.
Kitchener Utilities wilt provide comment on the water distribution portion.
Thanks,
Christine Goulet, C.E.T.
Project Manager I Development Engineering I City of Kitchener
519-741-2200 Ext. 7820 1 TTY 1-866-969-9994 1 chrostine-poulet(-n)kitchener.ca
000000000
From:
Christine Goulet
Sent:
Monday, September 30, 2019 3:24 PM
To:
Katie Anderl
Subject:
FW: 19-41 Mill St
Iii Katie,
KU is o with the water distribution report.
Thanks,
Christine Goulet, C.E.T.
Project Manager 1 Development Engineering
519-741-2200 Ext. 7820
1-67
Interna! memo
DSD -21-005 - Appendix E
Appendix "E"
Department and Agency Comments
� 77yy
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------------------ - W6_------------------------------------------------------------------------------------------------
Date: ; � 6 vr~rnber �021f
To: Katie Anderl, Kitchener Planning
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From: ;Barbara Steiner, Seni�nr Enuirl�nrntal Planner ;
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f------------------J---------------------------------------------------------------------------__________________------------I
Subject: ; Official Plan Amendment DPA191003&IIKA ;
Zoning 6y -law Amendment ZBAI W009AAFKA
I , I
;fig — 41 Mill Street
Polocorp Inc.
------------------�-------------------------------------------------------------------------------------------------------- ;
1
1
, , 1
---- ----------------
------------------------------------------------------------------ — '
--
ErrArvnrnental Planning staff has re.-ewed the applications noled above
We can advise that there are no natural heritage features orfunctions of local Regional, Provincial
or naional significance on, o• it it iedialely adjacent to, the subject properties. Therefore 'Vie
anti to no negative impact tc the Kitchener Natural Herilage System.
However, bees subject ba the City of Kilcheners Council -adopted (200 1) Tree Management Po icir
erg on and adjaceat to the s object ~ies, incl ud ing trees in shared 1mvnership, with neighbouring
landowners.
Therefore. in order to ensUre compliance with this policy, a Tree Preservalien i Enhancement Plan
(Section 3.4 and Appendix C of the policy noted above) is required to ae suamtted a the iime of the
future Site Plan Application as earl of a comioleie agolication. It should be rvviev ec by the Ct :s
Urban Designer prior to approval -In -Principle of any fulure Site Plana
DSD -21-005 - Appendix E
Appendix "E"
Department and Agency Comments
Internal memo
Infra stro c to re Services Department
Mate: October 25, 2019
To: Katie Anded, 519-741-2-200, ext. 7987
From: Karen Leasa, Parks & Cemeteries, 519-741-2600 ext_ 4176
cc: WA
Subject: COMMENTS for. 0PA/ZBA Submission — 19-41 Mill St
t;,I :{H_'%R
www.kitchener.cs
The below comments are in response to the QPA/ZBA Submission for 19-41 Mill St. A more
detailed response (if required) will be provided from Parks & Cemeteries at time of Site Plan
submission.
Park Medication
■ Parkland Dedication will be required for the proposed development at the time of Site
Plan Application in the form of cash -in -lieu.
• Land appraisal for all proposed residential units will be assessed at the rate for Multiple
Residential Apartment ($1,359,000/ha) since use areas for the two proposed residential
types (multiple residential apartment and multiple residential townhouse) overlap. If
the applicant feels there is a discrepancy with this approach, a land appraisal value can
be submitted for consideration.
• For the proposed development of 176 residential units on the net site area of 0.72ha,
the dedication amount would be approximately $478,358. Any change to the
development as proposed could change this amount.
Access Trails)
• Parks & Cemeteries is in agreement with the proposed paved connections to the Iron
Horse Trail from the applicant's property. This connection is consistent with the Iron
Horse Trial Improvement Strategy (2015).
• Trail connection requirements shall include, but are not limited to the following:
a) Vegetation planted along the trail edge, but should respect the character of the
adjacent public land and/or the trail corridor with a preference for native
material,
b) No drainage from the site or snow clearance is permitted towards the trail or
public lands.
c) Alignment from the site to the Iron Horse Trail is to follow the shortest possible
route from the property as allowed by proposed grading, with final approval
required from Paries & Cemeteries staff.
1-69
DSD -21-005 - Appendix E
Appendix "E"
Department and Agency Comments
Street Tree Planting
Street tree planting will be a requirement along Mill St as per Development Manual
section M quantities and soil volume requirements, and in accordance with other
considerations from Urban Design staff and review of iParks and Cemeteries.
END OF COMMENTS
Transportation Services
From: Steven Ryder
Sent: Thursday, December 10, 2020 4:03 PM
To: Katie Anderl
Cc: Brian Bateman
Subject: 19-41 Mill Street - OPA/ZBA Submission
Good afternoon Katie,
I am emailing you to inform you that Transportation Services is supportive of the submission for an
Official Plan Amendment and a Zoning By-law Amendment for 19-41 Mill Street in Kitchener.
I have reviewed the proposed development plans for the site, as well as the Transportation Assessment
completed by Salvini Consulting Inc. in July 2019 (including the updated letter submitted in July 2020).
The proposed site will align with the new zoning by-law (2019-051) in terms of parking provided within
the site.
If you have any questions or concerns, please feel free to contact me.
Regards,
Steven Ryder, C.E.T.
Traffic Planning Analyst I Transportation Services I City of Kitchener
519-741-2200 ext 71521 TTY. 1-866-969-9994 1 Steven.Ryder@kitchener.ca
1-70
DSD -21-005 - Appendix E
Appendix "E"
Department and Agency Comments
Date: September 22, 2020
To: Katie Anderl, Senior Planner
From: Victoria Grohn, Planner (Heritage)
cc:
Subject: OPA19/003/M/KA
ZBA19/003/M/KA
19-41 Mill Street
Heritage Planning Comments
Heritage Planning staff has reviewed the Scoped Heritage Impact Assessment, Urban Design
Guidelines, Site Plan, Shadow Impact Analysis and Angular Plane submitted in support of
Official Plan Amendment application OPA19/003/M/KA and Zoning By-law Amendment
application ZBA19/003/M/KA regarding 19-41 Mill Street.
Current Heritage Status of Subject and Adjacent Properties
The subject property contains six (6) residential buildings and does not contain cultural heritage
resources. However, the properties municipally addressed as 19 and 25 Mill Street were
previously on the Heritage Kitchener Inventory of Historic Buildings. These properties were re-
evaluated in 2009-2010 as part of the Council -approved process to list properties on the
Municipal Heritage Register.
The Municipal Heritage Register Sub -Committee (a sub -committee of Heritage Kitchener)
recommended that the property municipally addressed as 19 Mill Street not be included on the
Municipal Heritage Register.
Heritage Planning staff and the Municipal Heritage Register Sub -Committee recommended that
the property municipally addressed as 25 Mill Street be listed on the Municipal Heritage
Register. This recommendation was brought to Council for consideration. Council made a
decision not to list 25 Mill Street on the Municipal Heritage Register. As such, the properties
municipally addressed as 19 and 25 Mill Street do not have status under the Ontario Heritage
Act.
The subject lands are adjacent to 541, 551 and 561 Queen Street South, which are properties
designated under Part V of the Ontario Heritage Act and located within the Victoria Park Area
1-71
DSD -21-005 - Appendix E
Appendix "E"
Department and Agency Comments
Heritage Conservation District. The subject lands are also adjacent to 45 Mill Street, which is a
designated property under Part IV of the Ontario Heritage Act.
Policy 2.6.3 of the Provincial Policy Statement (2020) states that authorities shall not permit
development and site alteration on adjacent lands to protected heritage property except where
the proposed development and site alteration has been evaluated and it has been demonstrated
that the heritage attributes of the protected heritage property will be conserved.
Conclusions and Recommendations of the Scoped Heritage Impact Assessment
A scoped HIA was prepared by CHC Limited, dated August 14, 2019, revised October 10, 2019
and updated September 9, 2020. The development proposal assessed in October 2019
contemplated an 8-10 storey multiple residential dwelling, with a 3 -storey podium. The revised
development proposal, as assessed through the September 9, 2020 HIA, contemplates a 7-12
storey multiple residential dwelling, with a 3 -storey podium. The revised development proposal
shifts the building mass and configuration, introduces greater stepping to the building height,
building setbacks, and reconfigures the parking garage. In addition, the building height has been
reduced and the building separation increased between the proposed development and 45 Mill
Street as a means to minimize impacts on the individually designated heritage property.
The HIA evaluated the impact of the proposed development on the adjacent designated
heritage properties and recommends the following mitigation strategies to avoid or reduce
impacts:
• Utilizing stepbacks from Mill Street to reduce the sense of height;
• Employing an angular plane of less than 60 degrees throughout the development;
• Integrating a sawtooth pattern to orient the townhouses in the same manner as the
existing neighbourhing homes;
• Selecting red or buff brick to be strategically used on the townhouse facades to reinforce
the streetscape character, as well as design cues from the adjacent 19th century homes;
• Blending building materials (i.e. red or buff brick and contrasting contemporary
materials) to break up the building mass, creating a distinct character between the
building components; and
• Undertaking a pre -construction survey of 45 Mill Street to evaluate potential impacts of
construction as a condition of a Site Plan Application.
The HIA concludes that while the proposed development is greater in height than the six
residential dwellings presently on site, no negative impacts on the heritage attributes of the
Victoria Park Area Heritage Conservation District or the individually designated property at 45
Mill Street are expected if the recommended mitigation measures are implemented.
Heritage Planning Staff Comments
The findings and recommendations of the scoped HIA were presented and discussed at the
December 3, 2019 meeting of Heritage Kitchener. Some of the concerns heard from committee
members were centred around the height of the proposed development, potential shadow
impacts on the adjacent property at 45 Mill Street, and the required contents of the HIA. The
1-72
DSD -21-005 - Appendix E
Appendix "E"
Department and Agency Comments
Terms of Reference for the HIA were scoped to address potential impacts on the adjacent
protected heritage property. The subject property does not contain protected heritage property
as the existing dwellings were previously evaluated and addressed through a formal process.
Heritage Planning staff agree that the anticipated impact of the proposed development and
Official Plan and Zoning By-law amendments on the setting and character of the subject
property is one of greater mass and height, but that the proposed development is expected to
have minimal impact on the Victoria Park Area Heritage Conservation District and adjacent
property addressed as 45 Mill Street. Further, Heritage Planning staff address that a degree of
mitigation can be achieved through building design and placement. As such, Heritage Planning
staff recommend the following tools be used to address the findings of the HIA to mitigate
impact:
• Add special regulation provisions to the Zoning By-law to implement various mitigative
measures associated with the design and location of the proposed development
including establishing maximum or minimum setbacks and/or stepbacks; and
• Use Site Plan Control to implement urban design measures to achieve a design that
complements the surrounding neighbourhood and adjacent designated heritage
properties, as described in the HIA.
Heritage Planning staff are of the opinion that the scoped Heritage Impact Assessment dated
August 14, 2019, revised October 10, 2019 and updated September 9, 2020 and prepared by
CHC Limited has satisfied the subject scoped terms of reference. Further, Heritage Planning
staff conclude that implementation of the recommendations made in the Heritage Impact
Assessment will address the conservation of built heritage resources, in compliance with Policy
2.6.1 of the Provincial Policy Statement (2020).
1-73
DSD -21-005 - Appendix E
Appendix "E"
Department and Agency Comments
CN Rail Comments
Thank you for circulating CN Rail on the application for a 10 -storey residential building at 19-41
Mill Street. This project is in proximity to Milepost 1.39 of the Huron Park Spur of the Guelph
Spur. This line is a principle branch line. The edge of the property line is approximately 35
meters from the CN right-of-way.
My comments:
• The Noise and Vibration Feasibility study is acceptable to CN Rail. Two small
corrections are requested
o The line is owned by CN Rail and no longer leased to GEXR. References to the
lease with GEXR should be removed.
o Appendix A has the Principle Main Line requirements. This is a Principle Branch
Line and the correct CN standards should be referenced.
As a follow up to our conversation, here are two conditions that CN would request on this
development:
• The Proponent shall grant CN an environmental easement over the property. This
easement is to be registered by the Proponent and CN's costs for drafting this
agreement are to be covered by the Proponent.
The following clause shall be inserted in all development agreements, offers to
purchase, and agreements of Purchase and Sale or Lease of each dwelling unit within
300m of the railway right-of-way: "Warning: Canadian National Railway Company or its
assigns or successors in interest has or have a rights-of-way within 300 metres from the
land the subject hereof. There may be alterations to or expansions of the railway
facilities on such rights-of-way in the future including the possibility that the railway or its
assigns or successors as aforesaid may expand its operations, which expansion may
affect the living environment of the residents in the vicinity, notwithstanding the inclusion
of any noise and vibration attenuating measures in the design of the development and
individual dwelling(s). CNR will not be responsible for any complaints or claims arising
from use of such facilities and/or operations on, over or under the aforesaid rights-of-
way."
I will wait for your response as to where in the permitting process these conditions would be
placed.
Regards
Susanne
Susanne Glenn-Rigny
Senior Officer, Community Planning and Development I Corporate Services
T: 514-399-7844 1 C: 514-919-7844
Celebrating 100 years I Celebrons nos 100 ans
1-74
N*
Reginn of Waterloo
Katie Anderl
Senior Planner
City of Kitchener
200 King Street West, 61' Floor
P.O. Box 1 118. Kitchener. ON
N2G 4G7
Dear Ms. Anderl,
DSD -21-005 - Appendix E
Appendix "E"
Department and Agency Comments
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
Community Planning
150 Frederick Street Oth Floor
Kitchener Ontario N20 U Canada
Telephone. 519-575-4400
TTY: 519.57544608
Fax, 519.575-4466
+nww.teg ionofwa ter loo_ca
Melissa r0ohr -1-226-752-8622
File'.D17/2/19003
C 1412119003
October 23, 2020
Re: Re -Circulation of Proposed Official Plan Amendment
OPA 19-003 and Zoning By-law Amendment ZBA 19-003
19-41 Mill Street
Polocorp Inc,
CITY OF KITCHENER
Polocorp Inc. has re -submitted an Official Flan Amendment and Zoning By-law
Amendment for a development proposal at 19-41 Mill Street in the City of Kitchener
The applicant originally submitted the proposal in 2019 to establish a 176 multi -
residential building comprised of an 8-10 storey building having a three and -a -half
storey podium consisting of townhouse units fronting onto Mill Street and the Iron Horse
trail. Following public consultation and comments received on the 15c submission of the
application. the applicant is now proposing to construct a 12 storey, 176 unit multi -
residential building. One hundred and ninety eight (198) parking spaces with 113 bike
parking spaces are proposed with two driveway access points from Mill
Street. Landscaping is proposed around the periphery of the site and along the Mill
Street frontage.
The subject lands are designated Urban Area and Built -Up Area In the Regional Official
Plan, located in the Major Transit Station ArealCentral PARTS Plan Area of Kitchener
and is designated Low Density Commercial Residential. An Official Plan Amendment is
required for the increase in density on site. The Zoning By-law Amendment is required
to permit the added density, decreased parking and building setbacks and to facilitate
the construction of the above noted proposal.
Document Number: 3438483 Version: 1
1-75
DSD -21-005 - Appendix E
Appendix "E"
Department and Agency Comments
The Region has had the opportunity to review the recent proposal and offers the
following:
Regional Comments
Consistency with Provincial Legislation and Regional Official Plan Conformity
The subject lands are designated "Urban Area" and Built -Up Area" on Schedule 3a of
the Regional Official Plan (ROP) and the site is located in the Central PARTS Plan Area
of Kitchener and is designated Law Density Commercial Residential in the City of
Kitchener Official Plan -
The Urban Area designation of the ROP has the physical infrastructure and community
infrastructure to support major growth and social and public health services (ROP
Section 2-D). In addition to the Urban Area designation, the ROP supports a Planned
Community Structure based on a system of Nodes, Corridors and other areas that are
linked via an integrated transportation system (ROP objective 2-1 and 2 -2) -
Components of the Planned Community Structure include the Urban Area, nodes,
corridors and other development areas including Urban Growth Centres (U GC's) and
Major Transit Station Areas (MTSA's)-
This Planned Community Structure provides a framework for decision-making on a wide
range of issues, including land use and transportation planning amonq others- Mostly
all of the Region's future growth will occur within the Urban Area and Township Urban
Area designations, with a substantial portion of this growth directed to the existing Built -
Up Area of the Region through reurbanization_ Focal points for reurbanization include
Urban Growth Centres, Township Urban Growth Centres, Major Transit Station Areas,
Re u rb an 1 zation Condors and Major Local Nodes (ROP Section 2.B) -
Regional staff understand that the proposal is for a mixed use, high-density
development that exceeds the reurbanization target within the Built -Up Area. In
addition, this site is located within 500-BDO metres of two ION stops (Victoria Park and
Queen Street Station) and is. located within the City of Kitchener Central PARTS Area -
Regional staff are supportive of higher density within the MTSA area and of the Region
as the proposed development supports the Planned Community Function of the
Regional Official Plan -
The Region wishes to advise the applicant of the following technical comments related
to the proposal:
Corridor Planning
Transportaffon Impact Assessmenf-
There are no comments or concerns with the Transportation Assessment Report dated
July 17, 2019 by Salvini Consulting-
Enwronmenfaf Noise.:
The NDise and Vibration Feasibility Study entitled "Proposed 10 -Storey Multi -Unit
Residential development, 19-41 Mill Street, Kitchener, Ontario" dated June 19, 2019
Document Number 3438483 Version: 1
1-76
DSD -21-005 - Appendix E
Appendix "E"
Department and Agency Comments
prepared by HGC Engineering has been previously reviewed and found acceptable I}5,
the Regional staff_ Comments have already been provided and are re -attached as
Schedule `A' to this document.
The building shall be constructed according to the recommendations of the noise and
vibration report to avoid any retrofit to the building at a later application stage and the
recommendations of the noise and vibration report shall be implemented through a
registered agreement with the City of Kitchener, as a Regional condition for any future
Condominium application for the proposed development.
Stationary lVofse_
Stationary Noise comments gill fallow under separate cover.
Hydrogeology and Source Water Protection
The subject lands are within the Part IV area under the Clean Water Act and Grand
River Source Protection Plan therefore a valid Notice of Source Protection Plan
Compliance (Section 59 Notice) is required. A Risk Management Plan for salt
application may be required for proposed parking areas greater than eight parking
spaces on the property. A Risk Management Plan for storm water management may be
required if any engineered infiltration features are proposed_ The Region of Waterloo
does not support infiltration of salty runoff from parking lots in chloride contributing
areas, and strongly encourages applicants to design the storm water management
system to avoid this approach.
Please see the Regions TAPS website: https:fitaps.regionofvraterloo.ca to determine all
applicable Source Protection Plan requirements and contact the Risk Management
Official Qinot regionofwaterloo_ca) as required_ In addition, please consider the
timeframe to negotiate a Risk Management Plan, if required, as a Noti ce will not be
issued until a signed Risk Management Plan is complete.
Housing Services
The Region supports the provision of a full range of housing options, including
affordable housing. The Region's 10 -Year Housing and Homelessness Plan contains an
affordable housing target forWaterloo aterloo Region. The target is for 30% of all new
residential development between 2019 and 2041 to be affordable to low and moderate
income households. Staff recommend that the applicant consider providing a number of
affordable housing units on this site.
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
tALAIIIINVt" UI_
Housing for which the purchase price
results in annual accommodation casts
which do not exceed 30 percent of gross $357,200
annual household income for low and-
moderate
ndmoderate income households
Document Number .34.38483 Version: 1
1-77
DSD -21-005 - Appendix E
Appendix "E"
Department and Agency Comments
Housing for which the purchase price is
at least 1D percent below the average
purchase price of a resale unit in the $456,D00
regional market area
'Based cn the most recent irfon=ion availaNe fnxn the PPS Housing TaNes (2019).
In order for an owned unit to be deemed afford abler the maAmum affordable house
price is $357,200 -
FO F
357,200_
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
$1,430
household income for low and moderate
income households
A unit for which the rent is at or below the
Bachelor: 81 D
average market rent (AMR) in the
1 -Bedroom: $1,D45
regional market area
2 -Bedroom: $1,231
3 -Bedroom: 51,300
4+ Bedroom: S1,300
'Based on the nxsl. recent irfannation availaNe from the PPS Housing TaNes (2010)
In order fora 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 listed above.
Water Services
Water Services has no concerns regarding the above noted [official Plan and Zoning
By-law Amendment applications, however, please be advised that the subject property
is located in Kitchener Zone 4 with a static hydraulic grade line of 384 mASL. Any
development with a finished road elevation below 327.8 mAL will require individual
pressure reducing devices on each water service in accordance with Section B_.4.7 of
the Design Guidelines and Supplemental Specifications for Municipal Services for
January 2020.
General comments
Any future development on the lands subject to the above -noted application will be
subject to the provisions of Regional Development Charge By-law 10-037 or any
successor thereof.
As indicated above, a valid Section 59 Notice shall be required. In addition,
stationary noise comments are to follow under separate cover. It is recommended
that the City receive this documentation prior to making a recommendation to
Council.
Document Number: 3438483 Version: 1
1-78
DSD -21-005 - Appendix E
Appendix "E"
Department and Agency Comments
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,
r
11elissa Mohr, MCIR RPP
Principal Planner
1. Polocorp Inic- UO Mike Poupolo (Ovmer)
Fo ocorp Inc. CIO Matthew Warzecha (Applicant)
From: Melissa Mohr MMohr@regionofwaterloo.ca
Sent: Wednesday, December 09, 2020 1:12 PM
To: Katie Anderl; Brian Bateman
Subject: [EXTERNAL] Review of Stationary Noise report for OPA 19-03 an ZBA 19-03
(19-41 Mill Street)
Good Afternoon,
Please note that Regional staff have reviewed the stationary noise component of the report entitled,
"Noise and Vibration Feasibility Study, Proposed 10 -Storey Multi -Unit Residential Development, 19-41
Mill Street, Kitchener, Ontario" (HGC, June 19, 2019) in support of ORA 19-03 and ZBA 19-03.
Section 2, paragraph 2 (p. 2) of the report notes that there are commercial facilities to the west and south
of the railway tracks and that there was no noise audible on the day of site visit (February 2019). The
report does recommend use of a warning clause, to be registered on title, to advise homeowners of
potential noise from these nearby commercial facilities and that noise may at times be audible. The
report also acknowledges that there are no significant sources of industrial (stationary) noise within 500m
of the subject site. The recommended warning clause reads "Purchasers are advised that due to the
proximity of nearby commercial land uses, sound levels from these facilities may at times be audible."
Regional staff concur with the report conclusions and recommendation with respect to stationary
noise. The above noise warning clause shall be implemented through an agreement and within the
Condominium Declaration and offers of purchase and sale/lease/rental agreements associated with a
future plan of condominium or consent application.
I trust the above is of assistance. Please do not hesitate to ask should you have any future questions.
Kind Regards,
Melissa
Melissa Mohr, MCIP, RPP
Principal Planner
Planning, Development and Legislative Services
Region of Waterloo
150 Frederick Street, 8th Floor, Kitchener ON N2G 4J3
1-79
Grand River Conservation Authority
Resource Managernent Division
Tdsha Hughes, Resource Planner
PLAN REVIEW REPORT: City of Kitchener
Katie Anderl
DSD -21-005 - Appendix E
Appendix "E"
Department and Agency Comments
400 Clyde Road., P.0_ Box 729
Cambddge, Ontario NIR 5W6
Phone: (519) 621-2761 ext. 2319
Fax: (519) 621-4945
E-mail: thughes grarLdriver_ca
DATE; rvovember 1. 201'1 YOUR FILE. 0 PA 1 910031MIKA and
ZBA191003/MIKA
GRCA FILE; 0PA'i9-003-M-KA and ZBA 19-0 09-Nl-KA 1941 Mill St
RE: Official Plan Amendment OPA1910031MIKA and Zoning By-law
Amendment ZBA19I003IM1KA Applications
19-41 Mill Street, City of Kitchener
Polocorp Inc_
GRCA COMMENT":
Grand River Conservation Authority (GRCA) staff have no objection to the above noted
Official Plan Amendment and Zoning By-law Amendment appiications_ Please see our
detailed comments below.
BACKGROUND:
1. Resource Issues
Information currently available at this office indicates that a portion of the subject lands
are regulated due to the floodplain of Schneider Creek and the associated 5 metre
allowance to the floodplain.
2. LegislativelPolicy Requirements and Implications
This reach of Schneider Creep has been designated as a Two -Zone Floodplain Policy
Area. In Two -Zone areas, the floodplain is comprised of two sections - the flDodway and
the flood fringe. The floodway is the area of the floodplain required to pass the flows of
greatest depth and velocity_ No new development is pennitted within the floodway_ The
flood fringe lies between the floodway and the edge of the floodplain_ Depths and
velocities of flooading in the flood fringe are much less than those in the floodway,
allowing for limited development to occur if certain criteria are met_ Portions of the
subject properties are located with 1n the flood fringe and a small portion (at the road
frontage along hill Street) is within the floodway.
We understand that the purpose of these applicatiDns is to allow for future construction
of a multi -unit residential development, by re -designating the lands from Low Density
Commercial Residential to High Density Commercial Residential and rezoning the Lands
from Commercial Residential Zone (CR -1) to Residential Eight Zone (R-8).
Rap ➢ a€3
DSD -21-005 - Appendix E
Appendix "E"
Department and Agency Comments
The development must conforrn to the Two Zone Floodplain Policy Area policies within
the City of Kitchener official Plan and the GRCA's Policies for the Administration of
Ontario Regulation '150106 -
Our Engineer has advised that there are two Regulatory Flood Elevations (RFEs)
applicable to the subject lands. The RFE is 323.1 metres between crass -sections
102280 and 102271 and 322-8 metres between cross-sections 102271 and 102260.
GRCA staff have reviewed the following materials submitted with the applications:
• Drawing SPA -01 - Site Plan ,prepared by aba Architects Inc., last revised August
8, 2010
• Drawing ZBA 2.1 - Parking Plan Level 1 (Ground Floor), prepared by aba
Architects Inc-, dated August 27, 2019
• Drawing ZBA 2. - Parking Plan Level 2, prepared by aba Architects Inc., dated
August 27, 2019
• Drawing ZBA 3.1 - Elevations, prepared by aba Architects Inc., dated August 7,
2019
• Drawing ZBA 3-2 - Elevations, prepared by aba Architects Inc-, dated August 7,
2019
• Drawing 1 — Existing Conditions Plan, prepared by GIVI BluePlan Engineering,
last revised August '12, 2019
• Drawing 2 - Preliminary Servicing and Grading Plan, prepared by GM BluePlan
Engineering, last revised August 12, 2019
Based on our review of the plans noted above and discussion with the applicant, we
understand that all dwelling units, habitable floor space, electrical, mechanical and
heating services will be located above the applicable RFEs noted above. We also
understand that there will be some parking proposed below the RFEs, however, the
entrance to the parking will be located above the applicable RFE. Please note we
previously reviewed the Safe Access Investigation and Analysis for 1041 Mill Street,
prepared by GM BluePlan (dated October 11, 2018). Based on our review, the analysis
demonstrated that safe access is available to the property- As such, GRCA staff have
no objection to the above noted Official Plan Amendment and Zoning By-law
Amendment applications-
VVhile we have no objection to the above noted applications, the following should be
addressed during the site plan process:
1- The floodway line, as shown on GRCA mapping, should also be reflected on all
plans- Development, including grading, should be located outside of the floodway
portion of the floodplain.
2- Final Grading Plans showing existing and proposed grades on the properties should
be provided. The existing and proposed floodplain should be illustrated on the
grading plan based on the RFEs provided above- The floodway, as shown on GRCA
mapping, should also be reflected on the grading plans and all grading works should
be shown outside of the floodway portion of the floodplain-
3- The Floor plans and the Elevation plans should include geodetic elevations for
finished floor levels, and clearly show that all dwelling units, habitable floor space
and electricallmechanicallheating services will be located above the RFEs. If an
elevator is proposed below the RFEs, please demonstrate how the elevator will
respond if the below ground parking is flooded. We will require confirmation that the
PaEe=o_3
1-81
DSD -21-005 - Appendix E
Appendix "E"
Department and Agency Comments
elevator will not operate below the RFE in the event of flooding. This sh0uld be
demonstrated in a letter signed and stamped by an Engineer.
Provide final floor plans and elevation plans for any underground parking with
geodetic elevations. As noted above, we understand that the entrance to the
parking structure will be above the applicable RF E_ The elevation of the entrance
should be reflected on final plans. Since there is parking proposed below the RFE, a
structural engineer should review the underground parking in relation to the RFEs
noted above and sign off that R can withstand hydrostatic pressure in the event of
floods_
We trust the City will ensure appropriate starrnwater management measures are
implemented where applicable -
Du e
pplicable_
Clue to the presence of the floodplain, a portion of these lands are regulated by the
GRCA under Ontario Regulation 15D106_ As such, any development proposed within the
regulated area will require prior written approval from the GRCA in the form of a permit
pursuant to Ontario Regulation 1501136-
3. Plan Review Fees
The GRCA applies Plan Review Fees for Planning Act appiications located within
GROA areas of interest. This application is considered a'Minor Official Plan
Amendment/Zoning By-law Amendment, with an applicable fee of $410 as perthe 2019
fee schedule_ W q a copy of this correspondence, the appiicant will be invoiced in the
amount of 5410.00.
A separate fee will be required for a GRGA permit application_
We trust this information is of assistance_ If you have any questions or require additional
information please contact the undersigned.
Sincerely,
risha Hughes
Resource Planner
Grand River Conservation Authority
c.c. Amanda Stellings, Polocorp, 379 Queen St S, Kitchener, ON N2G 11d1+S
" These comments are respectfully submitted as advice and reflect resource
concerns within the scope and mandate of the Grand River Conservation Authority
1-82
DSD -21-005 - Appendix E
Christine Kompter
From: Shilling Yip <SYip@regionofwaterloo.ca>
Sent: Tuesday, December 3, 2019 4:49 PM
To: Katie Anderl
Subject: RE: site screen questionnaire
Hi Katie,
Staff is OK on the site contamination issue, RSC not required. Here are some high-level comments.
Water Services
Serviced by Kitchener Zone 4. Any development with a finished road elevation below 327.8 mASL will require individual
PRVs.
No concerns with the FSR report prepared by GM BluePlan dated August 2019.
No other concerns.
Region Cultural Heritage
Regional Cultural Heritage staff have reviewed the document titled: Scoped Heritage Impact Assessment (CHC, 14
August 2019) and have no further comment on the HIA or the above noted development applications.
Source Water Protection
Hydrogeology and Source Water staff did not identify any requirements at pre -submission. The proposed development
does not appear to have changed much based on the pre -submission information provided. The property is not in a
WPSA. Further, no surface parking is proposed so a Salt Management Plan is not warranted. Staff do not have any
further requirements based on the proposed development concept submitted for this application.
Corridor Planning
Staff acknowledge receipt of the report "Noise and Vibration Feasibility Study Proposed 10 -Storey Multi -Unit Residential
Development, 19-41 Mill Street, Kitchener, Ontario" (HGC, June 19, 2019). Review of the study is underway.
Shilling (519) 575-4496
-----Original Message -----
From: Katie.Anderl@kitchener.ca [mailto:Katie.Anderl@kitchener.ca]
Sent: Tuesday, December 03, 2019 1:38 PM
To: Shilling Yip
Subject: RE: site screen questionnaire
Thanks - end of the week is fine. Just a verbal or informal indication of any highlevel comments would be helpful for
tomorrow (in case there are questions).
Thanks!
Katie
-----Original Message -----
From: Shilling Yip <SYip@regionofwaterloo.ca>
Sent: Tuesday, December 03, 2019 1:14 PM
To: Katie Anderl <Katie.Anderl@kitchener.ca>
Subject: RE: site screen questionnaire
1-83
DSD -21-005 - Appendix E
Thanks Katie. Will try to get an answer for you for tomorrow. Will formal comments at end of week be ok, or do you
need something for tomorrow? -Shilling
-----Original Message -----
From: Katie.Anderl@kitchener.ca [mailto:Katie.Anderl@kitchener.ca]
Sent: Tuesday, December 03, 2019 12:58 PM
To: Shilling Yip
Subject: site screen questionnaire
-----Original Message -----
From: eStudio@kitchener.ca <eStudio@kitchener.ca>
Sent: Tuesday, December 03, 2019 12:57 PM
To: Katie Anderl <Katie.Anderl@kitchener.ca>
Subject: Send data from 6-PlanningCopyR
Scanned from 6-PlanningCopyR
Date:12/03/2019 12:57
Pages:1
Resolution:300x300 DPI
1 : E
Internal memo
DSD -21-005 - Appendix E
Ki r�7\i k
®r-welnpmunt Servicas Opp artment wwwlitchell OrCa
Date: 16 November 2020
To: Katie Anderl, Kitchener Planning
From: Barbara Steiner, Senior Environmental Planner
Subject: Official Plan Amendment OPA19/003/M/KA
Zoning By-law Amendment ZBA19/009/M/KA
19 — 41 Mill Street
Polocorp Inc.
Environmental Planning staff has reviewed the applications noted above.
We can advise that there are no natural heritage features or functions of local, Regional, Provincial
or national significance on, or immediately adjacent to, the subject properties. Therefore, we
anticipate no negative impact to the Kitchener Natural Heritage System.
However, trees subject to the City of Kitchener's Council -adopted (2001) Tree Management Policy
exist on and adjacent to the subject properties, including trees in shared ownership with neighbouring
landowners.
Therefore, in order to ensure compliance with this policy, a Tree Preservation / Enhancement Plan
(Section 3.4 and Appendix C of the policy noted above) is required to be submitted at the time of the
future Site Plan Application as part of a complete application. It should be reviewed by the City's
Urban Designer prior to Approval -In -Principle of any future Site Plan.
1-85
DSD -21-005 - Appendix E
Christine Kompter
From: Steven Ryder
Sent: Thursday, August 27, 2020 4:18 PM
To: Katie Anderl
Subject: RE: 19 - 41 Mill Street - OPA/ZBA resubmission
Attachments: 19-41 Mill Street (2018).docx; 19-41 Mill Street OPA ZBA Transportation.docx; 19-41 Mill St - OPA
ZBA Re -submission - Transportation.docx
Hi Katie,
I have attached some comments, and they are mostly based off of previous OPA/ZBA comments (which I have also
attached just for reference). There are comments from Faranak in 2018, and myself in 2019 outlining the parking
justification brief including the TDM checklist, and I know I spoke with Julia Salvini in early 2019 about some traffic data
and the TDM Checklist based on saved emails. However, I cannot find any parking brief, but I am unsure if we have
received one at this time — do you have any knowledge of that and can you provide a copy if you do?
I can add some details regarding the parking justification that will be required, if needed, but if Julia worked on it than I
trust it would be completed appropriately.
Let me know when you have a chance, thanks!
Regards,
Steven Ryder, C.E.T.
Traffic Planning Analyst I Transportation Services I City of Kitchener
519-741-2200 ext 71521 TTY. 1-866-969-9994 1 Steven. Ryderkkitchener.ca
APlease consider the environment before printing this e-mail.
From: Katie Anderl <Katie.Anderl@kitchener.ca>
Sent: Monday, August 10, 2020 11:34 AM
To: Sandro Bassanese<Sandro.Bassa nese @kitchener.ca>; Steven Ryder <Steven. Ryder@ kitchener.ca>; Victoria Grohn
<Victoria.Groh n@kitchener.ca>
Cc: Barbara Steiner <Barbara.Steiner@kitchener.ca>; syip@regionofwaterloo.ca
Subject: 19 - 41 Mill Street - OPA/ZBA resubmission
Hi Everyone,
The City has recently received an updated submission for the Polocorp project at 19 — 41 Mill Street. The building form
and site layout have been refined based on preliminary comments provided to the applicant from the City, agencies and
a resident working group.
The files are available here: S:\General\Names\Katie A\CPA - ZBA\19-41 Mill St\submission package\August 2020
Shilling — I will send you a sharefile link.
Please review and provide final comments to my attention by August 28t". If you have any questions or would like to
arrange a follow up discussion, please let me know.
1 : •
Thanks!
Katie
Katie Anderl
Senior Planner I Planning Division I City of Kitchener
519-741-2200 x7987 I TTY 1-866-969-9994 1 katie.anderl@kitchener.ca
*Working Remotely— Please Correspond By Email —Your Patience Is Appreciated*
DSD -21-005 - Appendix E
1-87
From:
Christine Goulet
Sent:
Monday, September 30, 2019 3:24 PM
To:
Katie Anderl
Subject:
FW: 19-41 Mill St
Hi Katie,
KU is ok with the water distribution report.
Thanks,
Christine Goulet, C.E.T.
Project Manager I Development Engineering
519-741-2200 Ext. 7820
From: Angela Mick <Angela.Mick@kitchener.ca>
Sent: Monday, September 30, 2019 2:46 PM
To: Christine Goulet <Christine.Goulet@kitchener.ca>
Subject: RE: 19-41 Mill St
Hi Christine,
It looks good
Ang
From: Christine Goulet <Christine.Goulet@kitchener.ca>
Sent: Monday, September 30, 2019 1:10 PM
To: Angela Mick <Angela.Mick@kitchener.ca>
Subject: RE: 19-41 Mill St
Yes, sorry it was in the back appendix.
Christine Goulet, C.E.T.
Project Manager I Development Engineering
519-741-2200 Ext. 7820
From: Angela Mick <Angela.Mick@kitchener.ca>
Sent: Monday, September 30, 2019 12:58 PM
To: Christine Goulet <Christine.Goulet@kitchener.ca>
Subject: RE: 19-41 Mill St
Was there a hydrant flow test? It referenced one but It wasn't attached
DSD -21-005 - Appendix E
1 . .
DSD -21-005 - Appendix E
From: Christine Goulet <Christine.Goulet@kitchener.ca>
Sent: Monday, September 30, 2019 12:05 PM
To: Angela Mick <Angela.Mick@kitchener.ca>
Subject: 19-41 Mill St
Hi Angela,
Attached is part of functional servicing report to support an OPA/ZC application. I only got one copy so I
just scanned the applicable pages for you. If you need more pages let me know.
Thanks,
Christine Goulet, C.E.T.
Project Manager I Development Engineering I City of Kitchener
519-741-2200 Ext. 7820 1 TTY 1-866-969-9994 1 christine.goulet@kitchener.ca
DSD -21-005 - Appendix E
Christine Kompter
From: Steven Ryder
Sent: Friday, September 18, 2020 11:53 AM
To: Katie Anderl
Subject: RE: 19 - 41 Mill Street - OPA/ZBA resubmission
Hi Katie,
I am sorry for the delay, I know I was late getting you a response, but I had an incorrect date for comments in my own
tracker and am more late than I realized, my apologies.
In regards to the proposed parking rate of 1.1 spaces per unit for the OPA/ZBA, we can support this rate as it will meet
what is required under 2019-051, as well as including the proposed TDM measures. The one comment I have would be
to include an filled out copy of the TDM Checklist as an appendix to the study completed by Salvini Consulting. I believe I
had connected with Julia in the past abouting obtaining a blank version for the proponent, but I could be wrong and can
always connect with her.
When it comes to the proposed pedestrian crosswalk across Mill to connect to the existing trail system, that is
something I will table with Dave/Aaron at our next Development Review meeting. Off the top of my head, we likely
would not want to have a defined pedestrian crossing there without going through some studies to see if there is
viability for a protected pedestrian crossover. It may also need to go through our 'Resident -led Traffic Calming'
procedure, but I will get some more info and can provide you with a more specific response for the pedestrian
crossing/mural proposal.
If you have any questions or concerns, please let me know.
Regards,
Steven Ryder, C.E.T.
Traffic Planning Analyst I Transportation Services I City of Kitchener
519-741-2200 ext 71521 TTY. 1-866-969-9994 1 Steven. Ryderkkitchener.ca
U-ioa�
LM
j Please consider the environment before printing this e-mail.
From: Katie Anderl <Katie.Anderl@kitchener.ca>
Sent: Friday, September 18, 2020 8:51 AM
To: Steven Ryder <Steven.Ryder@kitchener.ca>
Subject: RE: 19 - 41 Mill Street - OPA/ZBA resubmission
Hi Steven,
I wanted to follow up with you on the parking justification studies I recently forwarded on this proposed OPA/ZBA to see
if you have had a chance to review, and if you are satisfied with the proposed rate of 1.1 spaces/unit (I would expect this
is ok as its consistent with CROZBy rates).
1-90
DSD -21-005 - Appendix E
Polocorp has also proposed installing a defined pedestrian cross-walk/mural on the street at their main driveway,
connecting through to the park entrance across the street. Would you be open to them installing such a feature in this
location? This would help to address traffic calming questions raised by applicants and also act as an art feature. It
would likely be done as part of their site plan.
Please let me know if you are satisfied with both the parking and the street mural/crossing.
Thanks!
Katie
L COUR
B�
2
1-91
DSD -21-005 - Appendix E
From: Katie Anderl
Sent: Tuesday, September 08, 2020 11:49 AM
To: Steven Ryder <Steven.Ryder@kitchener.ca>
Subject: RE: 19 - 41 Mill Street - OPA/ZBA resubmission
Hi Steven,
Here is the original and updated parking studies for this one.
Thanks,
Katie
From: Steven Ryder <Steven.Ryder@kitchener.ca>
Sent: Thursday, August 27, 2020 4:18 PM
To: Katie Anderl <Katie.Anderl@kitchener.ca>
Subject: RE: 19 - 41 Mill Street - OPA/ZBA resubmission
Hi Katie,
I have attached some comments, and they are mostly based off of previous OPA/ZBA comments (which I have also
attached just for reference). There are comments from Faranak in 2018, and myself in 2019 outlining the parking
justification brief including the TDM checklist, and I know I spoke with Julia Salvini in early 2019 about some traffic data
and the TDM Checklist based on saved emails. However, I cannot find any parking brief, but I am unsure if we have
received one at this time — do you have any knowledge of that and can you provide a copy if you do?
I can add some details regarding the parking justification that will be required, if needed, but if Julia worked on it than I
trust it would be completed appropriately.
Let me know when you have a chance, thanks!
Regards,
Steven Ryder, C.E.T.
Traffic Planning Analyst I Transportation Services I City of Kitchener
519-741-2200 ext 71521 TTY. 1-866-969-9994 1 Steven. Ryderkkitchener.ca
a ME sm ACOUsyco—
,
APlease consider the environment before printing this e-mail.
From: Katie Anderl <Katie.Anderl@kitchener.ca>
Sent: Monday, August 10, 2020 11:34 AM
To: Sandro Bassanese<Sandro.Bassa nese @kitchener.ca>; Steven Ryder <Steven.Ryder@kitchen er.ca>; Victoria Grohn
<Victoria.Groh n@kitchener.ca>
Cc: Barbara Steiner <Barbara.Steiner@kitchener.ca>; syip@regionofwaterloo.ca
Subject: 19 - 41 Mill Street - OPA/ZBA resubmission
Hi Everyone,
1-92
DSD -21-005 - Appendix E
The City has recently received an updated submission for the Polocorp project at 19 — 41 Mill Street. The building form
and site layout have been refined based on preliminary comments provided to the applicant from the City, agencies and
a resident working group.
The files are available here: S:\General\Names\Katie A\CPA - ZBA\19-41 Mill St\submission package\August 2020
Shilling — I will send you a sharefile link.
Please review and provide final comments to my attention by August 28t". If you have any questions or would like to
arrange a follow up discussion, please let me know.
Thanks!
Katie
Katie Anderl
Senior Planner I Planning Division I City of Kitchener
519-741-2200 x7987 I TTY 1-866-969-9994 1 katie.anderl@kitchener.ca
*Working Remotely— Please Correspond By Email —Your Patience Is Appreciated*
1-93
Pq
Grand River Conservation Authority
Resource Management Division
Trisha Hughes, Resource Planner
PLAN REVIEW REPORT: City of Kitchener
Katie Anderl
DSD -21-005 - Appendix E
400 Clyde Road, P.O. Box 729
Cambridge, Ontario N1 R 5W6
Phone: (519) 621-2761 ext. 2319
Fax: (519) 621-4945
E-mail: thughes@grandriver.ca
DATE: November 1, 2019 YOUR FILE: OPA19/003/M/KA and
ZBA19/003/M/KA
GRCA FILE: OPA19-003-M-KA and ZBA19-009-M-KA 19-41 Mill St
RE: Official Plan Amendment OPA19/003/M/KA and Zoning By-law
Amendment ZBA19/003/M/KA Applications
19-41 Mill Street, City of Kitchener
Polocorp Inc.
GRCA COMMENT*:
Grand River Conservation Authority (GRCA) staff have no objection to the above noted
Official Plan Amendment and Zoning By-law Amendment applications. Please see our
detailed comments below.
BACKGROUND:
1. Resource Issues
Information currently available at this office indicates that a portion of the subject lands
are regulated due to the floodplain of Schneider Creek and the associated 5 metre
allowance to the floodplain.
2. Legislative/Policy Requirements and Implications
This reach of Schneider Creek has been designated as a Two -Zone Floodplain Policy
Area. In Two -Zone areas, the floodplain is comprised of two sections - the floodway and
the flood fringe. The floodway is the area of the floodplain required to pass the flows of
greatest depth and velocity. No new development is permitted within the floodway. The
flood fringe lies between the floodway and the edge of the floodplain. Depths and
velocities of flooding in the flood fringe are much less than those in the floodway,
allowing for limited development to occur if certain criteria are met. Portions of the
subject properties are located within the flood fringe and a small portion (at the road
frontage along Mill Street) is within the floodway.
We understand that the purpose of these applications is to allow for future construction
of a multi -unit residential development, by re -designating the lands from Low Density
Commercial Residential to High Density Commercial Residential and rezoning the lands
from Commercial Residential Zone (CR -1) to Residential Eight Zone (R-8).
Pagel of 3
1-94
DSD -21-005 - Appendix E
The development must conform to the Two Zone Floodplain Policy Area policies within
the City of Kitchener Official Plan and the GRCA's Policies for the Administration of
Ontario Regulation 150/06.
Our Engineer has advised that there are two Regulatory Flood Elevations (RFEs)
applicable to the subject lands. The RFE is 323.1 metres between cross-sections
102280 and 102271 and 322.8 metres between cross-sections 102271 and 102260.
GRCA staff have reviewed the following materials submitted with the applications:
• Drawing SPA.01 - Site Plan prepared by aba Architects Inc., last revised August
8, 2019
• Drawing ZBA 2.1 - Parking Plan Level 1 (Ground Floor), prepared by aba
Architects Inc., dated August 27, 2019
• Drawing ZBA 2.2 - Parking Plan Level 2, prepared by aba Architects Inc., dated
August 27, 2019
• Drawing ZBA 3.1 - Elevations, prepared by aba Architects Inc., dated August 7,
2019
• Drawing ZBA 3.2 - Elevations, prepared by aba Architects Inc., dated August 7,
2019
• Drawing 1 — Existing Conditions Plan, prepared by GM BluePlan Engineering,
last revised August 12, 2019
• Drawing 2 - Preliminary Servicing and Grading Plan, prepared by GM BluePlan
Engineering, last revised August 12, 2019
Based on our review of the plans noted above and discussion with the applicant, we
understand that all dwelling units, habitable floor space, electrical, mechanical and
heating services will be located above the applicable RFEs noted above. We also
understand that there will be some parking proposed below the RFEs, however, the
entrance to the parking will be located above the applicable RFE. Please note we
previously reviewed the Safe Access Investigation and Analysis for 19-41 Mill Street,
prepared by GM BluePlan (dated October 11, 2018). Based on our review, the analysis
demonstrated that safe access is available to the property. As such, GRCA staff have
no objection to the above noted Official Plan Amendment and Zoning By-law
Amendment applications.
While we have no objection to the above noted applications, the following should be
addressed during the site plan process -
1 .
rocess:1. The floodway line, as shown on GRCA mapping, should also be reflected on all
plans. Development, including grading, should be located outside of the floodway
portion of the floodplain.
2. Final Grading Plans showing existing and proposed grades on the properties should
be provided. The existing and proposed floodplain should be illustrated on the
grading plan based on the RFEs provided above. The floodway, as shown on GRCA
mapping, should also be reflected on the grading plans and all grading works should
be shown outside of the floodway portion of the floodplain.
3. The Floor plans and the Elevation plans should include geodetic elevations for
finished floor levels, and clearly show that all dwelling units, habitable floor space
and electrical/mechanical/heating services will be located above the RFEs. If an
elevator is proposed below the RFEs, please demonstrate how the elevator will
respond if the below ground parking is flooded. We will require confirmation that the
Page 2 of 3
1-95
DSD -21-005 - Appendix E
elevator will not operate below the RFE in the event of flooding. This should be
demonstrated in a letter signed and stamped by an Engineer.
4. Provide final floor plans and elevation plans for any underground parking with
geodetic elevations. As noted above, we understand that the entrance to the
parking structure will be above the applicable RFE. The elevation of the entrance
should be reflected on final plans. Since there is parking proposed below the RFE, a
structural engineer should review the underground parking in relation to the RFEs
noted above and sign off that it can withstand hydrostatic pressure in the event of
floods.
We trust the City will ensure appropriate stormwater management measures are
implemented where applicable.
Due to the presence of the floodplain, a portion of these lands are regulated by the
GRCA under Ontario Regulation 150/06. As such, any development proposed within the
regulated area will require prior written approval from the GRCA in the form of a permit
pursuant to Ontario Regulation 150/06.
3. Plan Review Fees
The GRCA applies Plan Review Fees for Planning Act applications located within
GRCA areas of interest. This application is considered a `Minor' Official Plan
Amendment/Zoning By-law Amendment, with an applicable fee of $410 as per the 2019
fee schedule. With a copy of this correspondence, the applicant will be invoiced in the
amount of $410.00.
A separate fee will be required for a GRCA permit application.
We trust this information is of assistance. If you have any questions or require additional
information please contact the undersigned.
Sincerely,
//Ilet � ILII
risha Hughes
Resource Planner
Grand River Conservation Authority
C.C. Amanda Stellings, Polocorp, 379 Queen St S, Kitchener, ON N2G 1W8
* These comments are respectfully submitted as advice and reflect resource
concerns within the scope and mandate of the Grand River Conservation Authority.
Page 3 of 3
1-96
DSD -21-005 - Appendix E
Christine Kompter
From:
Christine Goulet
Sent:
Monday, September 30, 2019 3:24 PM
To:
Katie Anderl
Subject:
FW: 19-41 Mill St
KU is ok with the water distribution report.
Thanks,
Christine Goulet, C.E.T.
Project Manager I Development Engineering
519-741-2200 Ext. 7820
From: Angela Mick <Angela.Mick@kitchener.ca>
Sent: Monday, September 30, 2019 2:46 PM
To: Christine Goulet <Christine.Goulet@kitchener.ca>
Subject: RE: 19-41 Mill St
Hi Christine,
It looks good
Ang
From: Christine Goulet <Christine.Goulet@kitchener.ca>
Sent: Monday, September 30, 2019 1:10 PM
To: Angela Mick <Angela.Mick@kitchener.ca>
Subject: RE: 19-41 Mill St
Yes, sorry it was in the back appendix.
Christine Goulet, C.E.T.
Project Manager I Development Engineering
519-741-2200 Ext. 7820
From: Angela Mick <Angela.Mick@kitchener.ca>
Sent: Monday, September 30, 2019 12:58 PM
To: Christine Goulet <Christine.Goulet@kitchener.ca>
Subject: RE: 19-41 Mill St
Was there a hydrant flow test? It referenced one but It wasn't attached
i
1-97
DSD -21-005 - Appendix E
From: Christine Goulet<Christine.Goulet(@kitchener.ca>
Sent: Monday, September 30, 2019 12:05 PM
To: Angela Mick <Angela.Mick@kitchener.ca>
Subject: 19-41 Mill St
Hi Angela,
Attached is part of functional servicing report to support an CPA/ZC application. I only got one copy so I just scanned
the applicable pages for you. If you need more pages let me know.
Thanks,
Christine Goulet, C.E.T.
Project Manager I Development Engineering I City of Kitchener
519-741-2200 Ext. 7820 1 TTY 1-866-969-9994 1 christine.goulet@kitchener.ca
Internal memo
Development Services Department
Date: September 22, 2020
To: Katie Anderl, Senior Planner
From: Victoria Grohn, Planner (Heritage)
cc:
Subject: OPA19/003/M/KA
ZBA19/003/M/KA
19-41 Mill Street
Heritage Planning Comments
DSD -21-005 - Appendix E
L_ 1
KIl i i If \I R
wwwkitchener.ca
Heritage Planning staff has reviewed the Scoped Heritage Impact Assessment, Urban Design
Guidelines, Site Plan, Shadow Impact Analysis and Angular Plane submitted in support of Official
Plan Amendment application OPA19/003/M/KA and Zoning By-law Amendment application
ZBA19/003/M/KA regarding 19-41 Mill Street.
Current Heritage Status of Subject and Adjacent Properties
The subject property contains six (6) residential buildings and does not contain cultural heritage
resources. However, the properties municipally addressed as 19 and 25 Mill Street were
previously on the Heritage Kitchener Inventory of Historic Buildings. These properties were re-
evaluated in 2009-2010 as part of the Council -approved process to list properties on the Municipal
Heritage Register.
The Municipal Heritage Register Sub -Committee (a sub -committee of Heritage Kitchener)
recommended that the property municipally addressed as 19 Mill Street not be included on the
Municipal Heritage Register.
Heritage Planning staff and the Municipal Heritage Register Sub -Committee recommended that
the property municipally addressed as 25 Mill Street be listed on the Municipal Heritage Register.
This recommendation was brought to Council for consideration. Council made a decision not to
list 25 Mill Street on the Municipal Heritage Register. As such, the properties municipally
addressed as 19 and 25 Mill Street do not have status under the Ontario Heritage Act.
The subject lands are adjacent to 541, 551 and 561 Queen Street South, which are properties
designated under Part V of the Ontario Heritage Act and located within the Victoria Park Area
Heritage Conservation District. The subject lands are also adjacent to 45 Mill Street, which is a
designated property under Part IV of the Ontario Heritage Act.
Policy 2.6.3 of the Provincial Policy Statement (2020) states that authorities shall not permit
development and site alteration on adjacent lands to protected heritage property except where
the proposed development and site alteration has been evaluated and it has been demonstrated
that the heritage attributes of the protected heritage property will be conserved.
1-99
Internal memo
Development Services Department
DSD -21-005 - Appendix E
L_ 1
KVI+ i If \I R
wwwkitchener.ca
Conclusions and Recommendations of the Scoped Heritage Impact Assessment
A scoped HIA was prepared by CHC Limited, dated August 14, 2019, revised October 10, 2019
and updated September 9, 2020. The development proposal assessed in October 2019
contemplated an 8-10 storey multiple residential dwelling, with a 3 -storey podium. The revised
development proposal, as assessed through the September 9, 2020 HIA, contemplates a 7-12
storey multiple residential dwelling, with a 3 -storey podium. The revised development proposal
shifts the building mass and configuration, introduces greater stepping to the building height,
building setbacks, and reconfigures the parking garage. In addition, the building height has been
reduced and the building separation increased between the proposed development and 45 Mill
Street as a means to minimize impacts on the individually designated heritage property.
The HIA evaluated the impact of the proposed development on the adjacent designated heritage
properties and recommends the following mitigation strategies to avoid or reduce impacts:
• Utilizing stepbacks from Mill Street to reduce the sense of height;
• Employing an angular plane of less than 60 degrees throughout the development;
• Integrating a sawtooth pattern to orient the townhouses in the same manner as the existing
neighbourhing homes;
• Selecting red or buff brick to be strategically used on the townhouse facades to reinforce
the streetscape character, as well as design cues from the adjacent 19th century homes;
• Blending building materials (i.e. red or buff brick and contrasting contemporary materials)
to break up the building mass, creating a distinct character between the building
components; and
• Undertaking a pre -construction survey of 45 Mill Street to evaluate potential impacts of
construction as a condition of a Site Plan Application.
The HIA concludes that while the proposed development is greater in height than the six
residential dwellings presently on site, no negative impacts on the heritage attributes of the
Victoria Park Area Heritage Conservation District or the individually designated property at 45 Mill
Street are expected if the recommended mitigation measures are implemented.
Heritage Planning Staff Comments
The findings and recommendations of the scoped HIA were presented and discussed at the
December 3, 2019 meeting of Heritage Kitchener. Some of the concerns heard from committee
members were centred around the height of the proposed development, potential shadow impacts
on the adjacent property at 45 Mill Street, and the required contents of the HIA. The Terms of
Reference for the HIA were scoped to address potential impacts on the adjacent protected
heritage property. The subject property does not contain protected heritage property as the
existing dwellings were previously evaluated and addressed through a formal process.
Heritage Planning staff agree that the anticipated impact of the proposed development and Official
Plan and Zoning By-law amendments on the setting and character of the subject property is one
of greater mass and height, but that the proposed development is expected to have minimal
impact on the Victoria Park Area Heritage Conservation District and adjacent property addressed
as 45 Mill Street. Further, Heritage Planning staff address that a degree of mitigation can be
achieved through building design and placement. As such, Heritage Planning staff recommend
the following tools be used to address the findings of the HIA to mitigate impact:
1-100
Internal memo
Development Services Department
DSD -21-005 - Appendix E
L_ 1
KIl i i If \I R
wwwkitchener.ca
Add special regulation provisions to the Zoning By-law to implement various mitigative
measures associated with the design and location of the proposed development including
establishing maximum or minimum setbacks and/or stepbacks; and
Use Site Plan Control to implement urban design measures to achieve a design that
complements the surrounding neighbourhood and adjacent designated heritage
properties, as described in the HIA.
Heritage Planning staff are of the opinion that the scoped Heritage Impact Assessment dated
August 14, 2019, revised October 10, 2019 and updated September 9, 2020 and prepared by
CHC Limited has satisfied the subject scoped terms of reference. Further, Heritage Planning staff
conclude that implementation of the recommendations made in the Heritage Impact Assessment
will address the conservation of built heritage resources, in compliance with Policy 2.6.1 of the
Provincial Policy Statement (2020).
1-101
From:
Sent:
To:
Cc:
Subject:
Good afternoon Katie,
Steven Ryder
Thursday, December 10, 2020 4:03 PM
Katie Anderl
Brian Bateman
19-41 Mill Street - OPA/ZBA Submission
DSD -21-005 - Appendix E
I am emailing you to inform you that Transportation Services is supportive of the submission for an
Official Plan Amendment and a Zoning By-law Amendment for 19-41 Mill Street in Kitchener.
I have reviewed the proposed development plans for the site, as well as the Transportation Assessment
completed by Salvini Consulting Inc. in July 2019 (including the updated letter submitted in July 2020).
The proposed site will align with the new zoning by-law (2019-051) in terms of parking provided within
the site.
If you have any questions or concerns, please feel free to contact me.
Regards,
Steven Ryder, C.E.T.
Traffic Planning Analyst I Transportation Services I City of Kitchener
519-741-2200 ext 71521 TTY. 1-866-969-9994 1 Steven. Ryderkkitchener.ca
0611-IQ0 � «Z
APlease consider the environment before printing this e-mail.
1-102
DSD -21-005 - Appendix E
Ftom: Melissa Mohr <MMohrtllreg,onofAraterloo cEl>
Sent Wednesday, Deoernbw 0R 2020 112 RVI
To: Kale A xlert ®aen Ner non
Subject LUQ ReA w d SPabOnal)' Nose report for CPA 19.03 an ZEA 19-03 (19-Q1 N
Sheer)
Good Mem000l.
Please note II'lal Regocnel stall ha.e r89ewed the stallonal)' noose component d Ille report enbltecl, 'Noote and MlJrdm
Feaslbity Study, Proposed lo.storey Muttl tlnil Residential Development, 19.41 Mil Stteel, Micheas, rid' (HGC.
June 19, 2019) rnsopport-af OPA 19-03 and ZBA 19-M
Sea,on 2 pala!18ph 2(p 2) afthe report motes thal there are commercial faakbes to the - s t and lAh q�lr!p
trade; and that Illerewas no noise audible cn the day ofske vM (February 2019) The report does aGou,=-d !aa aha
vvam,rg clause, to be registered cn titleb advise homeammrs d poW&I noise from these nearby
and that nose may at t mms be audible. The report also adaiovvledges !hat !here are no significant IIOIICeS of lndu9lnat
(slaUonary) noise within 500m of the subject site The reawimended warring clause reads 'P,imbas"s an adviled 11at
due b the proxmly of nearby commercial land uses, 5000d 18M firm these faalll!es may at flares be audible.'
Reg,cnal Slefl'' concur v411 the report aood. Mns and recommendation w!h respect D slallooary noise The abd19
warning clause shall be implemented Illrough an agreement and WMu, the CondOMUium Oedwabon a , d of%s of
purchase and salgleasekertal agreements a,,soaated Wh a future plan d condominium o< consent appicaban
I trust the above Sof assistance. Please do not hesitate b ask should you have ary fut..e questions
Melissa Mohr, IIICIP,
Rmel pal Planner
Region of Waterloo
RPP
and IegiSJaIM! Sen„ces
150 Freded& SJaE# 811 Fbof, Madlener ON N2G dfi
Cell. 1 -226 -752 -SM
CorMetoal,ly' Noboa TNs ema0 com,spondenCe fa'rdudrag any tea)- ma, ” IIINde ill
eonl!deooal ardO< elGllq)I from disclosure under appfieallle law, and B ! tle.lded a-r1J for .. U N c l the Z' -kJ a uS at
reap,enl(s) listed above Any unauhortzed --4E�Yj < d 11 d o a n B ♦ prohbled. If Y(I - not .. w 1 Or
Iled Illls"1aaage by wASMVP, pie-nol!ly llewldert -ae-nwl, a
yo111b' you
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