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HomeMy WebLinkAboutCSD-15-016 - Zone Change Application - ZC14/04/L/AP - Grand River South Community Plan Amendment - Fairway Rd N at Lackner Blvd, WRDSB REPORT TO: Planning & Strategic Initiatives Committee th DATE OF MEETING: March 9, 2015 SUBMITTED BY: Alain Pinard, Director of Planning PREPARED BY: Brandon Sloan, Manager of Long Range & Policy Planning 519-741-2200 x7648 WARD(S) INVOLVED: Ward 2 th DATE OF REPORT: February 26, 2015 REPORT NO.: CSD-15-016 CHANGE APPLICATION ZC14/04/L/AP AND SUBJECT: ZONE GRAND RIVER SOUTH COMMUNITY PLAN AMENDMENT FAIRWAY RD N @ LACKNER BLVD (N.E. CORNER) WATERLOO REGION DISTRICT SCHOOL BOARD ______________________________________________________________________________________________________ RECOMMENDATION: A. That Zone Change Application ZC14/04/L/AP (Fairway Rd/Lackner Blvd; Waterloo Region District School Board) for the purpose of changing the zoning from Neighbourhood Shopping Centre (C-2) and Residential Nine (R-9) with special provisions 1R, 176R and 10HSR to Mixed Use (MU-2) with special provisions 1R, 443U, 662R, 74H and revised 10HSR, Open Space (P-2) and Hazard Land (P-3) on the lands specified on the attached Map th Nos. 1 and 2-March 9, 2015 attached to Report CSD-15-016 as Appendix B,be approved. B. That the Grand River South Community Plan be amended as follows: i) Delete Policies 5.6 and 6.1 and renumber the remaining policies accordingly; ii); iii) Add new Section 15.0 Mixed Use with the following new Policy Fairway Road and Lackner Boulevard. This site is within a Node and is expected to function as a community-scale focal point. In that regard, a mixture of transit-supportive uses is intended and shall be designed to be transit- and pedestrian-oriented. The emphasis is on creating a walkable, neighbourhood unit internal to the site, but with enhanced connections for all modes of travel to the surrounding area. Retail and other neighbourhood-scale, pedestrian-oriented commercial uses are important for the planned function of the site, especially a mid-size food *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. 1 - 1 store or components thereof. Primarily auto-oriented uses may not be appropriate for this site. Multiple dwellings are the only type of residential use permitted and mixed use buildings are strongly encouraged. The minimum density to -term is 150 residents and jobs per hectare with a Floor Space Ratio of 1.0. Full build-out of the site may require confirmation of adequate sanitary sewer infrastructure. The built form may be organized on the site in accordance with an approved Urban Design Study. Building heights may be influenced by airport regulations, shadow studies and angular plane analysis. Buildings may be required to have pedestrian-scale podiums, building stepbacks, façade height regulations or other regulations to ensure a pedestrian-oriented design internal to the site. In this instance, an iv) That Land Use Plan Schedule 1 be amended, as shown on Schedule A attached to Report CSD-15-016 as Appendix C,to: a. Redesignate the lands at the northeast corner of Fairway Rd/Lackner Blvd from Neighbourhood Commercial and High Rise Multiple Residential to Mixed Use and Open Space; b. institutional lands near the Grand River to the lands at the northeast corner of Fairway Rd./Lackner Blvd; and c. Redesignate the Neighbourhood Institutional site that is closest to the Grand River as Low Density Residential. C.That staff initiate a review to comprehensivelyrevise or repeal the Grand River South Community Plan since the Grand River South Community is planned and substantially developed and a new Official Plan has been adopted. D. That the Urban Design Study for the northeast corner of Fairway Rd/Lackner Blvd, dated January 2015, attached to Report CSD-15-016 as Appendix D,be approved and provide the basis for future site plan design. Minor changes to the Urban Design Study (i.e. internal site walkway or parking design, minor shifting of buildings, entrance/gateway design, clarification of design principles/guidelines, etc) will be to the satisfaction of the Director of Planning and major changes (i.e. significant changes to buildingform especially along the internal road, changes to the school drop-off areas, major changes in building height, etc) will be to the satisfaction of Council. 1 - 2 E. That in support of our collective Pedestrian Charters, Active Transportation Plans, and Safe and Active Routes to School program, Regional Council and staff be requested to work with the City of Kitchener and Waterloo Region District School Board to: i) install an Intersection Pedestrian Signal (IPS), a pedestrian refuge island and provide a minimum 15 metre separation between the traffic signal and the vehicle stop bar from the intersection of Lackner Blvd. and Corfield Rd. to coincide with the opening date of any school at Fairway Rd/Lackner Blvd; ii) consider a pedestrian activated signal or other suitable or comparable traffic control device at the intersection of Fairway Rd and Pebblecreek Dr/Upper Mercer St; and iii) consider, in any future intersection design and work at Fairway Rd/Lackner Blvd, treatments that give some priority to pedestrians including alternate crosswalk locations, and/or enhanced pedestrian signage, pedestrian activated signals, and/or vehicle stop-bar/yield markings that are a minimum of 5-15 metres from a crosswalk. F.That a Community Trail/Primary Walk Link from CountryClair Street to the siteat the northeast corner of the Fairway Rd/Lackner Blvd (which would also connect to the future Idlewood Cr trail) Budget Forecast(utilizing Development Charges funding)for design options and relatedstudyin 2016 and construction and any mitigation to coincide with the opening date of any school at Fairway Rd/Lackner Blvd. G. That the landowner of the northeast corner of Fairway Rd/Lackner Blvd complete all recommendations from the technical studies submitted and amended as part of application ZC14/04/L/AP including finalizing water management requirements related to the Preliminary Servicing and and the Stormwater Management Report,Stantec Consulting Ltd Fairway Road/Lackner Boulevard Environmental Impact Study, Stantec Consulting which contains Ltd. Environmental Advisory Committee and requires an updated environmental inventory prior site plan approval. H. That the City of Kitchener and Waterloo Region District School Board formally pursue shared facility discussions for the community to utilize space within and/or on any school site at the northeast corner of Fairway Rd/Lackner Blvd for programming and events. EXECUTIVE SUMMARY: to rezone lands at Fairway Rd/Lackner Blvd to mixed used and to allow an elementary school. The technical and planning considerations are to a point where the zoning can move ahead subject to a number of recommendations and further actions. 1 - 3 BACKGROUND: th Report CSD-14-113 was presented and discussed at the December 8, 2014 Statutory Public Meeting for the development applications at the northeast corner of Fairway Road North and Lackner Boulevard. That report and the delegations provided extensive background and contextabout the site along with illustrating the challenges and opportunities. The December resolution directed staff to consider the submissions from the public meeting and, upon finalization of outstanding issues, return to Committee of Council with a final report.A summary of recent actions is attached as Appendix A. REPORT: For more than 15 years, the land at the northeast corner of Fairway Rd and Lackner Blvd was planned as the primary commercial site and primary apartment site in the Grand River South Community. The Waterloo Region District School Board (landowner of the property - WRDSB) is proposing to relocate an elementary school site within the community to this location and to work with the City to rezone and design the lands for mixed-use (residential, commercial, office, institutional) development to implement the Official Plan. Proposed Zone Change The applicant (WRDSB) is proposing to rezone the approximate 7.6 hectare site from individual Neighbourhood Shopping Centre (C-2) and Residential Nine (R-9) Zones with certain special provisions to an overall Mixed Use (MU-2) Zone with new special provisions, along with an Open Space Zone (P-2) and aHazard Land Zone (P-3). The proposed location on the site for a school is currently not permitted in the existing R-9 zone.A general explanation of the existing zoning of the site is that: The Commercial zone allows uses such as retail, restaurants, health clinics, financial establishments and personal services with certain regulations that are more conducive to conventional plaza development. The intent is to provide businesses and shopping to serve the surrounding neighbourhoods. The Residential zone currently allows apartments with the highest permissible floor space in the City of Kitchener and Natural Heritage with no maximum building height. Complementary uses in an apartment, such as convenience retail and HighRise Residential personal services are also permitted. There is an existing special provision on the site that requires a GRCA permit, an old special provision on part of the Commercial site that required Fairway Rd to be constructed before development and a special provision on part of the Residential zone that required a minimum Floor Space Ratio of 0.6. 1 - 4 Proposed Zoning By-law Amendment In addition to the applicant-initiated proposed changes, the City also has an interest in amending the zoning for the subject lands in order to implement the Mixed Use designation of the entire site in the existing and new Official Plans along with reflecting the present day significant natural heritage features. There were many challenges and considerations in preparing the Proposed By-law for this site. These include: ensuring compliance with the existing Official Plan (1995) and Special Policy in Part 3 Section 12.20; ensuring alignment with the new Official Plan (2014) and revised Special Policy in Part D 15.D.12.10; using some of the terminology from existing Zoning By-law 85-1 since it is the By-law that is being amended; utilizing some of the mixed use zoning developed in the Rosenberg Community as a model for these type of sites since currently there is not a base zone that exists in By-law 85- unbuilt Node (only for urban mixed use corridors; using some of proposed new Zoning By-law format, new Mixed Use zone and new terminology from the Comprehensive Review of the Zoning By-law (CRoZBy) project since the first draft is to be released in the same month as this file is being considered. The purpose is that the CRoZBy project is creating a new base zone for this type of site and using some of the same provisions will allow for a smoother transition, future compliance and a proper test of the zoning; the zoning must help plan for and demonstrate the future achievement of both floor space ratio and the residents plus jobs density target while recognizing it s allowing for the over time; allowing some flexibility in the zoning as there are a number of future development scenarios and possible site designs, but at the same time still providing specific direction to ensure that a more mid-rise, urban, pedestrian- and transit-oriented form of development occurs; discerning which of the numerous environmental layers and buffers is the appropriate location for a new development limit; determining how zoning regulations would work given the proposed internal, private/condominium road; and other technical considerations such as revisions to the municipal holding provision, GRCA regulatory requirements, and compliance with airport building height regulations. 1 - 5 The above considerations were factored into the Proposed By-law attached to this report as Appendix B. There is a portion of the site that is proposed to be changed from the existing R-9 zone to a P-3 Natural Heritage Area (Hazard Land) zone in order to recognize and conserve the current significant natural heritage features. The existing commercial and residential zones are now the site. New special zoning provisions Mixed Use identify the list of permitted uses and building, landscaping and parking regulations for the site. A public elementary school (educational establishment) is added to the list of permitted uses given the current planning framework and other site considerations discussed further in this report. Moving forward, under the new Official Plan and new Zoning By-law, the approach is that an elementary school is to be recognized and co The proposed zoning carries forward a variety of commercial uses, such as retail, restaurant, financial establishment, personal services at a scale and intensity that is appropriate for the context of this site. Multiple dwellings are also permitted but with new maximum building height and intensity limitation. Residential is encouraged to mix with other uses in the same building. The Proposed By-law requires that a lower-scale, only residential development may be built along the north section of the internal road that leads to the proposed school in order to create a more typical, and pedestrian-friendly walking/cycling environment. Also, any buildings greater than approximately 4 storeys the street/building edge. Building heights are limited on the site to locations that meet technical tests in order to reduce shadow impact and improve compatibility. The internal private/condominium road is to be treated as a street for the purposes of the by-law regulations and the intent is that it is to be the focus of active building frontages within the site. An existing holding provision requiring the construction of Fairway Road is removed since that has occurred, but it is replaced with a provision that once development reaches a certain level, the Director of Engineering must be satisfied that the sanitary services are adequate. The proposed zoning incorporates a specific parking requirement for multiple dwellings at this location, bicycle parking and relies on existing shared parking rates. Future changes to the base zoning (through CRoZBy) are expected to establish city-wide parking maximums, updated shared and reduced parking rates along with updated transportation demand management items. 1 - 6 The new zoning is appropriate as it will conserve more of the significant environmental features, will comply with provincial and regional policy, implement the existing and new Official Plans, identify appropriate uses for the context of this site, and provide new regulations that promote a mid-rise building form with active frontages. Proposed Community Plan Amendment The existing Grand River South Community Plan (2000) is out-dated given past changes that have occurred in several subdivisions, previous zone changes and decisions in the area, and given the direction and changes in the new Official Plan. During the consideration of the Rockway plan of subdivision (30T-10202), the direction was to maintain the Community Plan until a review could be undertaken. Since this subject zone change requires some amendments to the Community Plan, it is proposed that the current updates to the land use schedule and policies be generally limited to those that apply to the issue at hand and that the remainder of the considerations be left to a future, comprehensive review process. The current proposed changes include the redesignation of the Fairway/Lackner site from Neighbourhood Commercial and High Rise Multiple Residential to Mixed Use and Open Space along with updating and adding policies about those land use categories. Also, the elementary school site symbol would be moved from the previous eastern location to the subject site and redesignating the former site from Neighbourhood Institutional to Low Density Residential. Essentially, the decision to remove the institutional and school from the location previously identified through the Community Plan occurred through the approval of the Rockway subdivision and the WRDSB accommodation review process. The Fairway Road extension would also now be illustrated on the map. The proposed amendments are illustrated on the schedule in Appendix C. Since the primary purpose of this specific Community Plan was to guide new greenfield subdivisions and, for the most part, the vast majority of lands are either developed or approved, typically the Plan is then repealed. In the upcoming Planning Division work program, one of the actions is to conduct a comprehensive review of the It is suggested that Grand River South be considered for comprehensive revision or repeal. Urban Design Study Recently, a comprehensive update to the Urban Design Study that was originally submitted for this site was received. The updated material generally includes several revised site concepts and several pages of sample building photographs to demonstrate what could be developed on the site with the zoning, a site circulation diagram with proposed cross-section of the internal road, greater description of the guiding design policies and principles, and a shadow and angular plane analysis to confirm the appropriate location and limits for building height on the site. 1 - 7 The Design Study is intended to satisfy Part 2, Policy 4.7 of the existing Official Plan (1995), to inform the proposed Zoning By-law and future site plan applications/phases, and it requires Council approval. Ultimately, the intent is to provide a conceptual site , urban neighbourhood at this community node location that integrates institutional, residential and commercial uses with an emphasis on an enhanced pedestrian environment. One potential, long-term scenario is shown in the Figure below. The updated Study is attached as Appendix D. Figure showing one of the potential long-term development scenarios Environment Impact Study, Detailed Vegetation Plan, Wetland Hydrologic Assessment A comprehensive addendum to the original Environmental Impact Study for this site and was also recently submitted along with further hydrologic information. The addendum attempts to address many of the City, Region and GRCA comments submitted throughout the application, identifies the layers of environmental features (provincially significant wetland, environmentally sensitive policy area/core natural heritage feature, 1 - 8 Idlewood Creek, significant woodland components), and provides a recommended limit of grading that is inclusive of buffers/development setback and used to delineate the boundary between the new natural heritage zoning and the mixed use zoning area. While not all environmental-related technical issues are completely resolved at this time (see some of the items identified in the SWM Report section below), the addendum to the study includes numerous recommendations for future actions with the majority being items that can be undertaken prior to or as a condition of site plan approval. Functional Servicing and Stormwater Management Report Stormwater Management and Infiltration There are numerous technical considerations on this site with respect to pre- and post- development surface water flow, drainage characteristics and groundwater infiltration. A preliminary location for an on-site stormwater management pond is identified on the eastern portion of the site. A portion of the site currently experiences water ponding and other characteristics (i.e. anthropogenic feature) due likely to previous road / intersection construction works. A significant amount of work between the consultant and the GRCA, including with consultation with the Region and City, has occurred on this topic. Although there is enough information to move forward with the zone change, additional work is required through the site plan phase before any development occurs in order to confirm the overall water management strategy, identify an appropriate water flow outlet and drainage near the Fairway Rd frontage, confirm on-site techniques to achieve infiltration targets, confirm any GRCA permit requirements and satisfy other outstanding related matters. Servicing A preliminary review of the engineering infrastructure requirements for development was undertaken. The existing local 200mm sanitary sewer on this portion of Fairway Rd -term development scenario for the subject site, coupled with future development of the vacant site on the south side of Fairway Rd, there may be a point in the future when the flow rate will have to be further studied. Depending on the outcome and amount of future development remaining, the sewer may need to be upgraded. It is also possible to consider this at the same time as any future works that the Region may undertake on Fairway Rd and/or at the Fairway/Lackner intersection. City Engineering staff have requested a holding provision for services be added to the zoning to ensure the future study and implementation of any necessary improvements. Transportation Impact Study and Pedestrian Assessment The Transportation Impact Study and supplementary Pedestrian Assessment are key considerations in the future development of the subject site. They assess potential travel volumes and patterns for the different transportation modes and factor in existing and future development along with background growth. The importance of this work and the direction for this site is highlighted in Policy 8.16 of the Grand River South Community Plan which states: 1 - 9 transportation including walking, cycling, public transit and the automobile. This will be accomplished through measures such as: The creation of street networks and pedestrian links suitable to alternate transportation modes. The use of site planning and urban design techniques to foster attractive pedestrian streetscapes and environments. Minimizing walking distances between housing, schools, transit stops, parks, open space and other local destinations. Development of a bikeway network including on-road and off-road sections, as set out in the City of Kitchener Bikeway Study. The Study identifies that the proposed development of the site can be accommodated within the street network system but there are several initiatives the Region should undertake in the future to improve the operation of the adjacent regional roads/ intersection and there are turning lanes on Fairway Rd and Lackner Blvd and internal to the site that should be installed by the proponent. In addition to typical transportation metrics, certain planning and community objectives were considered in the design of the site along with the location and number of driveways. The intent is to have an internal road system with multiple points of access in order to provide many route options for internal traffic distribution during school drop-off/pick-up times so that residents/ businesses on the site do not entirely have to rely on the school access road. This will also help to distribute vehicles entering and exiting the site to the arterial road system. The internal private road (see cross-section Figure below) is to be aligned with Corfield Dr. and there would be numerous right-in/right-out driveways on Fairway Rd and Lackner Blvd. Since the beginning, Planning and Figure showing cross-section of internal road looking Transportation Services staff, along north from Fairway Rd towards proposed school with many members of the community and the applicant, identified important issues and challenges with future vehicle, cyclist and pedestrian movements on and off this site especially given the proposal for an elementary school near two arterial roads and a potential future roundabout (which is subject to future review, study and approval by Regional Council). 1 - 10 The proposed boundaries for the school catchment area are illustrated in the adjacent Figures. The WRDSB identified that this is a preferred, central location for the school. As a result, it will necessitate many students having to cross one or more arterial roads. There are a number of students and pedestrians that would need to cross Lackner Blvd from the neighbourhood to the west and that would need to cross Fairway Rd from the neighbourhoods to the south. Others that are east of the Figures showing School Boundaries JK-6 and 7-8 site could eventually use a future sidewalk connection on Fairway Rd or the planned trail connection between the neighbourhood and the site. While it is more ideal to locate an elementary school within the interior of a neighbourhood/ community, it is noted that there are many instances where school boundaries cross arterial roads. The potential locations and impacts of new crossing guards were described in Report CSD 14-113. From a planning perspective, the preference is to have schools and neighbourhoods that are located and designed to make walking/cycling the easiest and preferred method of travel in order to assist with providing viable transportation choice and healthy options from an early age. In this instance, there are several challenges or perceptions that could likely lead to a high degree of parents driving children to school and for others in the surrounding neighbourhoods to drive to the site to shop or for other reasons. The Transportation Impact Study and Pedestrian Assessment provide some technical basis for considering the installation of a pedestrian refuge island at Lackner Blvd./Corfield Dr.. Although in the near future other forms of traffic/pedestrian control may be warranted at this location, typically these locations are further monitored and assessed before an alternative form of traffic/pedestrian control is warranted and installed. In this instance, Regional Transportation staff has indicated a willingness to install the underground infrastructure for a future pedestrian-activated signal, continue to monitor pedestrian movements within the first few months of any school opening and, 1 - 11 if warranted at that time, would then proceed to install a pedestrian activated signal or similar device. City Planning staff suggest that if it is not made clear from the beginning that there is a perceived route to school or the site that prioritizes pedestrians, there may be less likelihood of walking and thus it would be longer until any pedestrian signal/device would be technically justified. Given this is one of the main issues with this zone change proposal; given the comments from many members of the community and Council at and before the Statutory Public Meeting; and given the fact that we collectively have a Pedestrian Charter, Active Transportation Plans and participate in the Active and Safe Routes to School Program, City Planning staff suggest principle to recommend installing the full pedestrian infrastructure up front with the opening of any school. Staff also recommends that other nearby intersections be studied for enhanced pedestrian facilities. The WRDSB has indicated a willingness to have any appropriate pedestrian facilities installed for this school/site. Regional Transportation staff has also identified that often when pedestrian facilities are introduced to regional roads there is a propensity for additional collisions for a number of reasons. Since 1996, Regional staff is aware of 11 pedestrian collisions in Kitchener at a pedestrian signal and 3 pedestrian collisions at a location with a crossing guard. Pedestrian refuge islands are typically associated with a positive collision reduction benefit. To date, City staff is not aware of any collisions at Kitchener locations with a pedestrian refuge island, pedestrian signal and a crossing guard. Also, locating the vehicle stop bar sufficiently separated from the pedestrian crossing should help. It is recognized that these issues are often limited to generic,technical standards. There are often different perspectives or opinions and Planning staff suggest that there are certain objectives and priorities that should be factored into the recommended decision. School Drop-off/Pick-up Typically, the detailed design of a school site is not considered at the zone change scale (it is usually at the site plan level). However, part of the consideration of the justification for a school at this location, part of the Urban Design Study for the creation of a mixed-use, pedestrian-oriented neighbourhood, and based on City Planning and Transportation staff requests; necessitated the preparation of design options for the school drop-off/pick-up. Often, the operation of a school site, the design and operation of roads and parking surrounding a school and behaviour contribute to negative impacts on a neighbourhood. The staff direction was to create a design that would limit impacts. The preferred site design includes (please see Appendix E for the diagram): a private road that would be signed for no parking, is more narrow than a typical public street and thus less room for illegal parking, and would be regulated by the WRDSB (not the City as it is not a public street); 1 - 12 bus drop off/pick up (and some staff parking) located off of the north portion of the private road that is completely separate from other parent drop-off/pick-up locations; a separate parking lot on the south side of the school that would have dedicated locations for kindergarten drop-off/pick-up most directly near a school entrance, other student drop-off/pick-up and some staff parking all located whereby no street needs to be crossed; locating most of the parking away from the north portion of the private road and Lackner/Corfield intersection and reducing the number of driveways along that section so that there are less conflicts with walking and cycling students on that multi-use path; providing opportunities for students east of the site and along Fairway Rd to access the school without crossing commercial areas; allowing for additional temporary or permanent shared parking between uses; and designing a number of route options so that vehicles do not all have to use only one way in/out of the site. The design of the mixed-use potion of the site also allows for the ability to access commercial uses post- or pre-drop off/pick up. The final design details (including signage) would occur through the site plan process. Preliminary Noise Analysis The Preliminary Noise Analysis identified that a school in the proposed location would have no impacts from noise sources. At the time that the future development for the remainder of the site is known, additional analysis is required in order to confirm the best passive design solutions to address any implications of noise. In order to do this through the site plan process, the Region has recommended a holding provision be added to the zoning. Summary of Department and Agency Comments Report CSD-14-113 and Appendix A thereto outlined the department and agency comments on the application. That report and the various sections of this report identify a number of issues raised on the application, the status, any resolution and next steps. Some clearances, such as the GRCA, Environmental Planning and Engineering is contingent upon further work being addressed and resolved at the site plan stage. Comments from Departments and Agencies were factored into the preparation of the materials for this report and additional comments are attached as Appendix F. Summary of Community Comments and Statutory Public Meeting Report CSD-14-113 and Appendix A thereto also outline the community comments on the application which were often similar to concerns that staff raised or that essentially provided either support for a school being constructed soon or identified issues with a th school at this location. At the December 8 Statutory Public Meeting, the majority of delegations and presentations were on behalf of the WRDSB or residents with children that would attend the school. The primary sentiment was that although this is not an 1 - 13 ideal site for a school, there are limited options and a school in this central community location is needed ASAP to serve a growing population. There was acknowledgement that the WRDSB and parents were willing to assist with helping operate active and safe routes to school. Additional comments highlighted a desire to not see any gas station or car wash on this site and to ensure there is enough green/open space. Comments from members of Council at the meeting were wide-ranging and reflected the full spectrum of considerations and issues from historical actions/decisions that led to this point, the need for the school, the importance of mixed use for this site, and the criticality of appropriate school drop-off/pick-up design and pedestrian crossings. Since the Statutory Meeting, an additional public comment was received that highlighted many important student-vehicle potential conflict issues. Staff and the consultants considered all of the above in the additional actions that have occurred since the meeting, in the updated conceptual designs for the site, and in preparing the proposed zoning. In the end, a balance of issues must be considered and the community comments helped reach the recommended approach on this application. Additional Delegation/Site Issue At the Statutory Public Meeting, a delegation on behalf of a developer that has been involved in this site for many years raised several issues pertaining to the future development of the non-school portion of the lands. The WRDSB is rezoning the site as the landowner, but would not be the developer of the residential, commercial or mixed use areas. There are a number of complicated, inter-related issues that are most appropriately dealt with between the parties (WRDSB and developer) themselves. However, there would be benefit to the parties working together on the details of the design of the site as several issues were highlighted by the developer and their representatives that are aligned with the desire to see appropriately sized and oriented blocks for residential, commercial and mixed use development. Details such as the location and geometric profile of the internal road are important for the future potential of incorporating underground/cantilevered parking in order to realize the desired development and full build-out. With the updates to the Urban Design Study and concept plans, along with the ability to update those plans once the site plan process is further along, it is demonstrated that it is possible to develop the site in accordance with the proposed zoning and recommended design direction. Additional Planning Analysis Provincial Policy (Provincial Policy Statement and Growth Plan) and Regional Policy Provincial and Regional policies provide direction for a number of high-level objectives including managing growth, intensification, designated greenfield areas, complete communities, community infrastructure and conservation. The proposed Zoning By-law and mixed use development complies with this policy direction. Additional analysis of density targets is described below. 1 - 14 Kitchener Growth Management Plan (KGMP) 2013-2015+ The subject lands are a Priority B within the KGMP since it was identified that a site specific design study and additional technical studies were required prior to development approvals in this Node. Given the number, variety and complexity of some of the issues; the priority level and delivery of this application is appropriate and generally in line with the KGMP. City Policy There are several City policy/Official Plan considerations with this zone change application. The initial issue is that both the existing and new Official Plans have a policy that discourages locating elementary schools on an arterial road. The design of the site whereby the school is not adjacent to an arterial road and is integrated into a new neighbourhood is intended to improve the compliance with this policy. Although the proposal may now technically comply with that policy of the Official Plan, there would still be the reason for the policy which is walkability, potential conflicts and compatibility. This is the genesis for much of the work that has been undertaken on the design and the on- and off-site transportation/pedestrian considerations. Given the analysis provided above, the direction in the Urban Design Study and Pedestrian Assessment along with the recommendations of this report for enhanced pedestrian crossings and trail connections, this is an improvement and preferred method to address the issue. Further policy direction for this site is to ensure that it achieves the planned function of providing nearby commercial uses for the surrounding community along with providing a mixture of land uses and certain transit-supportive densities within this Node (as per existing and new Official Plan policies for this site). The proposed zoning and Urban Design Study achieve the current and new policy objectives. Density and Built Form Requirements development within the region and urban municipalities must achieve a minimum amount of residents and jobs per hectare. The proposed Kitchener approach (as reflected in the should have the exact same target. The advantage for Kitchener is that we had one or two , within Nodes, that were already zoned. The Fairway/Lackner Node was the primary location to help achieve the overall requirement. The 2008 Kitchener Growth Management Background Study identified the maximum potential under the current zoning for this Node is 374 residents and jobs per hectare (RJs/Ha).When as processes, the tentative target was considered to be 187 RJs/Ha until technical studies and other matters were considered. Since that time, the Rosenberg Community was approved that established a new ode, Corridor and densities that could appropriately off-set other locations. Also, the development application and technical studies for the subject site have highlighted a number of constraints and issues. As a result, the target was reduced to 175 and then again to what is now 150 RJs/Ha (as per the new Official Plan). Although 1 - 15 it sounds like a fairly high number, achieving this amount of density is relatively easy with mid-rise, mixed use development. The challenge is that a school site takes a relatively large portion of the land, delivers limited density numbers and thus requires the remainder of the site to make up the difference. The demonstration plan of an ultimate development scenario within the Urban Design Study illustrates that the overall site can exceed the RJs/Ha requirement, and that it could, in the long-term, also exceed the minimum Floor Space Ratio (built form) requirement. Although the Official Plan allows the FSR to be up to 4.0, for now, a maximum of 2.0 is recommended in the zoning in order to reflect the proposed new zoning for these type of Nodes in the new Official Plan/Zoning By-law, to recognize that given several site constraints it would be difficult to achieve development beyond that amount, and that development beyond that amount may have additional transportation and engineering implications. This location is appropriate for this type of density in the long-term as it is surrounded by natural heritage features and roads that provide a separation to surrounding properties and this will be a future nexus of main transit corridors. It is will also be an important Node part way between the Fairview Mall area and the airport/future development area to the east. Establishing residential on this site in certain typologies will providing housing options in close proximity to a school and would provide additional opportunity for a pupil population to sustain the school in the long-term. The Design Study and zoning provide direction to transition the density from adjacent lands and within the site. They both also provide the compliance that the site is planned, designed and zoned to achieve the density requirements. [Note: the environmental areas of the site include provincially significant features and regional ESPA/Core Natural Features and thus are excluded from the RJs/Ha and FSR calculations]. Community Space Throughout the consideration of this development proposal, City Planning staff identified that if there was to be a school on this site that it is an opportunity to consider utilizing a portion of the facility and/or field for neighbourhood/community level programs and recreational activities. The closest community centre is Stanley Park CCand this growing area of Grand River South could benefit from having this type of space in closer proximity (see Policy 7.16 of the Grand River South Community Plan). The synergy with other possible uses on the site (health-related, commercial, residential, environmental areas, etc) is somewhat ideal. To date, the WRDSB indicated a willingness to consider this idea. Planning staff recommend further pursuing this endeavour. Summary of Report Recommendations Based on a balance of all of the considerations for this development proposal, staff are recommending that it could be possible to integrate a school into a new, mixed use neighbourhood on this site subject to several recommendations and next steps. A summary of these and other report recommendations includes: 1 - 16 A) approval of the zone change; B) approval of amendments to the Grand River South Community Plan that are related to this site and school relocation; C) direction to proceed with a comprehensive review or repeal of this Community Plan as part of the upcoming Planning Division work program; D) approval of the Urban Design Study to establish the framework for future site plans along with illustrating compliance with the Official Plan and informing the zoning; E) a request to Regional Council to consider implementing all of our collective -the- infrastructure (that is timed to coincide with the opening of any school/first stage of development of this site); Figure showing future Idlewood Cr trail and required trail F) implementing city-level connection to the site from existing walkway (Rec. F) pedestrian infrastructure in accordance with the Existing walkway direction in the Grand River connection South Community Plan and connectivity for this site by moving forward with the Required connection between primary walk link/ neighbourhood, the community trail from the NE Type 2 route and site portion of the site to (Community Plan) Country Clair Street (see adjacent Figure); G) implement a number of Future Type 2 Route Connection as per Multi-Use recommendations from the Pathway Master Plan / technical studies for this Community Plan site, such as the Stormwater Management Report and the Environmental Impact Study, through the site plan process; and H) formalize discussions and arrangements between the WRDSB, City and the surrounding community for utilizing some space in and/or on the school site for community programming and recreational purposes. ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN: The proposed Zone Change for mixed use development most closely aligns with the as Community Priority DEVELOPMENT Strategic Plan. FINANCIAL IMPLICATIONS: The future financial implications of added crossing guards for a school at this location were noted in CSD Report 14-113. 1 - 17 The cost of the Community Trail/Primary Walk Link to Country Clair Street and connecting to the future Idlewood Creek trail will be determined through future project design and Capital Budget line item for 2016-17 but should be considered for Development Charges funding. COMMUNITY ENGAGEMENT: As noted in CSD Report 14-113, this development application has utilized an enhanced strategy to CONSULT and INFORM the community. Formal notice was previously given th of the December 8, 2014 Statutory Public Meeting. Minutes of that meeting are attached as Appendix G.This report is to be sent to those delegations from the Statutory Public Meeting and the community contact list along with advance notice of th the March 9 meeting. The report will be posted dedicated page for this application. CONCLUSION: The relocation of a previously identified elementary school site from a future, walkable residential neighbourhood to one of the few remaining commercial and residential sites near the intersection of two arterial roads in a Community Node is not ideal. The current, over-whelming need for school space to serve the Grand River South Community and part of the Idlewood Community in a more central location is a driving force behind the proposed development application at the corner of Fairway Rd and Lackner Blvd. Coupled with numerous technical challenges of this site, this application has required some innovative approaches. The result is that it could be possible to zone, design and build this site as a new, mixed-use, urban neighbourhood for residents, shoppers, workers, students, and recreationalists. Using the conceptual site master plans as a basis, a mainly mid-rise and integrated building form could be created over the long term. The direction is to establish a low-rise residential streetscape feel for pedestrians on an internal road that leads to the school, while still providing adequate places internal to the site to live, work, shop and play. Therefore, not only can the site achieve the required density targets, but perhaps more importantly, can also achieve an active, lively and socially-dynamic place. REVIEWED BY: Andrew Pinnell, Planner Della Ross, Manager, Development Review ACKNOWLEDGED BY: Michael May, Deputy CAO, Community Services Department Attachments: Appendix A Highlight of Actions since the December 2014 Report/Meeting Appendix B Proposed Zoning By-law including Map Nos. 1 and 2 Appendix C Community Plan Amendment to Schedule 1 Appendix D Urban Design Study Fairway and Lackner Node (January 2015) Appendix E Potential School Drop-off/Pick-up Design Appendix F Additional Department/Agency and Public Comments th Appendix G Notice and Statutory Public Meeting Minutes December 8, 2014 1 - 18 Appendix A Highlight of Actions since the December 2014 Report/Meeting Additional work and meetings regarding the Transportation Impact Study/Pedestrian Assessment and proposed crossing treatment at Lackner Blvd/Corfield Dr Additional engineering and environmental work along with numerous meetings with GRCA, City and Regional staff regarding several water management issues Updated, revised and new site demonstration concept plans to illustrate potential mixed- use development on the site over time and to demonstrate compliance with various objectives and density targets for these lands Technical analysis of potential future buildings on the site to ensure the zoning is appropriate and that future development can be compatible with the surrounding area, proposed school and within the site An updated Urban Design Brief that requires Council approval, informs the zoning for the site and provides the necessary direction for future site plans An addendum to the Environmental Impact Study to address a variety of comments and recommendations along with providing a new development limit for the zoning Additional consideration of the appropriate uses and regulations for the site, including the preparation and internal review of the proposed Zoning By-law Preparation and consideration of the proposed Grand River South Community Plan Amendment Consideration of the comments and discussion at the Statutory Public Meeting Staff meeting with the developer involved in the site (delegation from the Public Meeting) Identification of proposed enhancements to the pedestrian environment Determination of which outstanding technical issues can be addressed at the site plan/development stage 1 - 19 Appendix B PR O P O S E D B Y L A W March 9, 2015 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 of the City of Kitchener Waterloo Region District School Board Northeast Corner of Fairway Road and Lackner Boulevard) 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 266 of Appendix "A" to By-law Number 85-1is hereby amended by changing the zoning applicable to the parcel of land specified and illustrated as Area 1 on Map No. 1 attached hereto, from Residential Nine Zone (R-9) with Special Regulation Provisions 1R and 176R to Hazard Land Zone (P- 3). 2.-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 attached hereto, from Residential Nine Zone (R-9) with Special Regulation Provisions 1R and 176R to Medium Intensity Mixed Use Corridor Zone (MU-2) with Special Use Provision 443U and Special Regulation Provisions 662R and 1R and Holding Provision for Services and Roadways 1HSR and Holding Provision 74H with reference to Property Detail Schedule Number 38. 3.-law Number 85-1 are hereby amended by changing the zoning applicable to the parcel of land specified and illustrated as Area 3 on Map No. 1 attached hereto, from Neighbourhood Shopping Centre Zone (C-2) with Special Regulation Provision 1R to Medium Intensity Mixed Use Corridor Zone (MU-2) with Special Use Provision 443U and Special Regulation Provisions 662R and 1R and Holding 1 - 20 Provision for Services and Roadways 1HSR and Holding Provision 74H with reference to Property Detail Schedule Number 38. 4.-law Number 85-1 is hereby amended by changing the zoning applicable to the parcel of land specified and illustrated as Area 4 on Map No. 1 attached hereto, from Residential Nine Zone (R-9) with Special Regulation Provision 1R and Holding Provision for Services and Roadways 10HSR to Medium Intensity Mixed Use Corridor Zone (MU-2) with Special Use Provision 443U and Special Regulation Provisions 662R and 1R and Holding Provision for Services and Roadways 1HSR and Holding Provision 74H with reference to Property Detail Schedule Number 38. 5.-law Number 85-1 is hereby amended by changing the zoning applicable to the parcel of land specified and illustrated as Area 5 on Map No. 1 attached hereto, from Residential Nine Zone (R-9) with Special Regulation Provision 1R and Holding Provision for Services and Roadways 10HSR to Open Space Zone (P-2). 6.-law Number 85-1 is hereby amended by changing the zoning applicable to the parcel of land specified and illustrated as Area 6 on Map No. 1 attached hereto, from Residential Nine Zone (R-9) with Special Regulation Provision 1R and Holding Provision for Services and Roadways 10HSR to Hazard Land Zone (P-3). 7. Schedule Numbers 265 and 266 -law Number 85-1are hereby further amended by incorporating additional zone boundaries and reference to Property Detail Schedule No. 38 as shown on Map No. 1 attached hereto. 8.-law Number 85-1 is hereby amended by adding new Property Detail Schedule No. 38 as shown on Map No. 2 attached hereto. 9.-law 85-1 is hereby amended by adding Section 443 thereto as follows: . Notwithstanding Section 54.1 of this By-law, within the lands zoned MU-2 as shown as affected by this subsection on Schedule Numbers 265 and 266 and Property Detail Schedule 38 of , only the following uses, subject to any indicated notations (#), shall be permitted, except that only Multiple Dwelling (which may include Cluster 1 - 21 Townhouse Dwellings),Home Business and Studio shall be permitted within AreasAand B as indicated on Property Detail Schedule No. 38: (1) Canine and Feline Grooming Community Centre Craftsman Shop (1) Day Care Facility (1) Dwelling Unit (2) Educational Establishment Fitness Centre (3) Financial Establishment Health Clinic Health Office Home Business (4) Medical Laboratory Multiple Dwelling (5) Museum Office (6) Personal Services Print Shop (7) Religious Institution (1) Repair Service (1) Residential Care Facility (8) Restaurant (1) Retail (9) Studio (1) Veterinary Services (1) Must be in a building containing a minimum of 3 permitted uses. This shall not apply to a day care facility as an accessory use to an educational establishment. (2) May be permitted on the ground floor of a building provided that the ground floor that fronts onto as identified on Property Detail Schedule No. 38 contains permitted non- residential uses. Dwelling units on the ground floor of a building used entirely for residential are permitted as it is a Multiple Dwelling. (3) Means a premises in which facilities and activities are provided for physical exercise and may include exercise classes and associated facilities such as a sauna, retail store, office space and related lounge facilities. (4) In accordance with the regulations set out in Section 5.13 of this By- law. (5) A building in the form of a Townhouse that is attached to a Multiple Dwelling or that has units divided vertically in addition to horizontally (i.e. a stacked townhouse) shall entirely be considered a Multiple Dwelling. 1 - 22 For locations not within Areas A and B as indicated on Property Detail Schedule No. 38, this shall not include Cluster Townhouse Dwellings. (6) Provided that a freestanding office building will be no greater than a 2 gross floor area of 10,000 m. (7) Means a premises used by the general public for photocopying, blueprinting or binding and may include accessory retail. (8) May only include a nursing home with greater than 8 residents. 2 (9) Shall not exceed 3,000 m of gross floor area for each individual retail 2 outlet, with the exception of a food store which shall not exceed 5,000m of gross floor area. The total gross floor area of all Retail shall not exceed 2 10,000 m. 10. Appen-law 85-1 is hereby amended by adding Section 662 thereto as follows: 662. Notwithstanding Sections 6.1 and 54.2 of this By-law, within the lands zoned MU-2as shown as affected by this subsection on Schedule Numbers 265 and 266 only the following regulations shall apply, including that shall be but not for the purposes of the definition : Minimum Yard1.5m Maximum Building Height 36m(1) Minimum Floor Space Ratio1.0(2) Minimum and Maximum Gross Floor Area for Non-Residential or Non-Educational 15% to 50% (2) Establishment Uses Maximum Floor Space Ratio2.0 1 - 23 Minimum Façade Heightfor Non-Residential 7.5m Buildings 50% of the length of the street, except for Fairway Road andthe Minimum Width ofFront Yard or Side Yard north side of the internal Abutting a Street that must include a Building private/condominium road Façade frontage which shall both be 30% Minimum Façade Openingsfor Non- 20% Residential Buildings 15%, which may include Minimum Landscaped Area landscape areasnot at grade. Shall not be located within 30 metres of an intersection of two public streets or 20metres of an Location of Drive-throughFacilityintersection of a public street and a private/condominium road orfrom aneducational establishment i) vehicular parking for multiple dwellings shall be a minimum of 1.25 spaces per unit and a maximum of 1.75 spaces per unit;inclusive of a minimum of 15% visitor parking ii) bicycleparking within a secure structure shall be a minimum of: a) 1 space / unit for Multiple Dwellings and Dwelling Unit Parking 2 b) 1 space / 500mfor all other uses iii)parking and loading spaces shall not be permitted to locate between a buildings primary façade and a street iv) all other parking regulations shall be in accordance with Section 6 of this By-law 1 - 24 (1) Provided that no building or structure shall exceed a height greater than a geodetric elevation of 356.5 metres above sea level in accordance with the Region of Waterloo International Airport Zoning Regulations issued by Transport Canada under the Aeronautics Act.Buildings greater than 4 storeys (approximately 13.5metres) in building height shall have a podium.Portions of buildings greater than 13.5 meters up to 26.0 metres (approximately 5 to 8 storeys) in building height shall have a minimum stepback of 3.0 metres from the façade of a building abutting a street. Portions of buildings greater than 26.0 metres up to 36 metres (approximately 9 to 12 storeys) in building height shall have a stepback of 4.5 metres from the façade of a building abutting a street. Notwithstanding the minimum stepbacks, no portion of a building is permitted within the 45 degree angular plane as measured from the west side of the Lackner Boulevard right-of-way or to the opposite side of the internalprivate/condominium road identified on Property Detail Schedule No. 38,in accordance with an approvedUrban Design Study. (2) Individual buildings or blocks will not be required to achieve the minimum FSR or minimum non-residential/non-educational establishment gross floor area provided there is an approved Urban Design Study that includes a conceptual Master Site Plan that demonstrates the overall development can achieve the minimum FSR and achieve a minimum of 15% and a maximum of 50% of the gross floor area as non-residential or non-educational establishment uses across the whole site. 11.-law 85-1 is hereby amended by adding new Section 74 thereto as follows: Notwithstanding Section 54.1 and Special Use Provision 443U of this By- law, within the lands zoned MU-2 and shown as affected by this subsection onSchedule Numbers 265 and 266 Schedule 38 ofno residential uses, religious institutionor day care facility shall bepermitted until such time as the Regional Municipality of Waterloo and the City of Kitchener satisfied with respect to the submission of a detailed Noise Study,including mechanisms to implement the study, and this holding provision has been removed by By- 12. AppenG-law 85-1 is hereby amended by adding Section 1 thereto as follows: 1. K [(S)] 1 - 25 Notwithstanding Section 54.1 of this by-law, within the lands zoned MU-2 with special provisions 443U and 662R as shown as affected by this subsection on Schedules 265 and 266 and Property Detail Schedule 38, the holding provision represented by the letter symbols K [(S)] as established in Section 3.5.7 shall apply so that no development on the lands above asanitary sewer flow rate of 14 L/s shall occur until such time as the sanitary sewers are adequate to handle additional development and this holding provision has been removed by By-law. PASSED at the Council Chambers in the City of Kitchener this day of 2015. _____________________________ Mayor _____________________________ Clerk 1 - 26 Appendix C 1 - 27 MAP NO. 2 SCHEDULE No.38 Surveyed Environmental Development Limit Line Internal Private / Condominium Rd P-3 MU-2 443U, 662R, 1R, 1HSR, 74H AREA A P-2 AREA B DETAIL from SCHEDULE No. 38 of APPENDIX 'A' ´ 1:3,000 METRIC SCALE Showing PT LOT 119 G.C.T. 02550 1 - 28 Date: February 6, 2015 Metres 1 - 29 Appendix D 1 - 30 1 - 31 1 - 32 1 - 33 1 - 34 1 - 35 1 - 36 1 - 37 1 - 38 1 - 39 1 - 40 1 - 41 1 - 42 1 - 43 1 - 44 1 - 45 1 - 46 1 - 47 1 - 48 1 - 49 1 - 50 1 - 51 1 - 52 1 - 53 1 - 54 1 - 55 1 - 56 1 - 57 1 - 58 1 - 59 1 - 60 1 - 61 1 - 62 1 - 63 1 - 64 1 - 65 1 - 66 1 - 67 1 - 68 1 - 69 1 - 70 Appendix E {-wššŒ ©“­¦š©··zš“r t©‰z“mr “7 {·Ò7;“· 5©š¦hEE Main Student Walking Routes School Staff Parking Bus Drop-off Kindergarten Drop-off Potential Temporary School Staff Parking Parking No Parking Permitted Student Drop-off Potential Shared Overflow Parking 1 - 71 Appendix F 1 - 72 1 - 73 Date: October 7, 2014 To: Andrew Pinnell, Kitchener Planning From: Carrie Musselman,Senior Environmental Planner cc: Shari Muscat, Stantec Consulting Inc. Kristen Barisdale / BillGreen, GSP Group Tim Van Hinte/Chris Gosselin, Region of Waterloo Beth Brown/Mollie Kuchma, Grand River Conservation Authority Lenore Ross, Kitchener Planning Katie Pietrzak, Kitchener Engineering Mark Parris, Kitchener Parks and Operations Subject: WRDSB Property Fairway Road & Lackner Boulevard, Kitchener Zone Change ApplicationZC14/04/L/LP and Grand River Community Plan Amendment st The following comments are in response to the Stantec Consulting Letter dated August 1, 2014 th in response to City of Kitchener Environmental Planner comments of June 4, 2014. The current comments should be read in conjunction with our previous comments (November thth 15, 2013 and June 4, 2014). It should be noted that some previous comments remain unaddressed. Kitchener Environmental Planning can support the Zone Change Application ZC14/04/L/LP and associated Grand River Community Plan Amendment provided that the following outstanding matters (points 1 3 below) are completed. 1. Limits of Development / Buffers Please amend Figure 3 of the EIS to reflect the information shown on Drawing L-900 rotection Areaimit of Development).Additionally, recommended buffers and setbacks should be shown.This information will guide the proposed zone limits (P-2 vs MU-2). We now understand that the Rough Sedge and Hackberry will be retained within the ESPA. However, it is still unclear whether the Virginia Stickseed within CUW1 will be retained. If it cannot be retained in its current location can it be transplanted/relocated? Please illustrate the location(s) of the Virginia Stickseed and comment and/or illustrate as to the possibility of its relocation/transplantation as a component of the EIS. 2. Stormwater Management It is our requirement (Engineering) to manage stormwater / infiltration for an entire site and not on a lot-by-lot basis as proposed in the Preliminary Stormwater Management Report and Section 7.1 of the EIS. Please revise the Preliminary Stormwater Management Report and Section 7.1 of the EIS (Stantec February 2014) to address this requirement. 14 Page of 1 - 74 Stantec (August 1, 2014) states that additional infiltration measures are being What additional measures are being considered? o Will a water balance deficit remain? If so, what will the impact(s) of the deficit be o on water-dependent receiving features? The EIS will need to include statements that respond to these questions. Have GRCA policies concerning the location of the Stormwater Management facility within the one-zone floodplain been met? Stormwater Management Facilities are normally not permitted in floodplains. Additionally, has an appropriate outlet been identified? 3. Small Wetland Pocket Have GRCA policies concerning the removal of the small wetland in the southwest corner been met? The final Scoped EIS is required for environmental planning staff to provide comments or conditions on the proposed site plan; however, we can provide the following at this time: PRIOR TO SITE PLAN APPROVAL IN PRINCIPLE 4. Scoped Environmental Impact Study (EIS) The Scoped EIS that has been updated to address outstanding issues will be required to support the Site Plan Application. 5. City of Kitchener Tree Management Policy A Detailed Vegetation Plan was prepared as part of the EIS. It should be noted that as the Detailed Vegetation Plan. A Tree Preservation and Enhancement Plan (site plan application level of study) will be required to be submitted with the Site Plan Application. Please reference the City's Tree Management Policy for submission requirements. 6. Amphibians and Reptiles Only one site visit (conducted on June 18, 2014, rather late in the season) is not sufficient to characterize the amphibian community on and/or adjacent to the site. In accordance with the Marsh Monitoring Program, a more comprehensive review is required as discussed in our November 15, 2013 and June 4, 2014 comments. As discussed in our November 15, 2013 and June 4, 2014 comments, any amphibian or reptile surveys should include several visits during the year, at different times of day, in suitable weather to determine species presence and activity, (e.g. turtles bask early in the morning and mid-afternoon, and frogs call at night). 24 Page of 1 - 75 7. Mitigation and Monitoring Plans A pre, during and post-construction mitigation plan for wildlife/birds/reptiles/amphibians be prepared to the satisfaction of the City, GRCA and/or MNRF (as appropriate) as a component of the Scoped EIS supporting the application. Supporting the site plan application. In accordance with our standard requirements, the Scoped EIS will need to identify in detail the monitoring parameters for during-construction monitoring (e.g. buffers, tree protection fencing, stormwater management facility inspections, and biological) and include proposed timing/frequency (daily, weekly or monthly etc.). 8. Regionally Significant Species Thank you for identifying where the Regionally Significant plant species are located but as requested in our June 4, 2014 comments, a figure illustrating the locations of the species (e.g. Virginia Stickseed, Rough Sedge, Hackberry) is preferred as a component of any Scoped EIS accompanying the Site Plan Application. Will the proposed grades affect the portion of the Cottonwoods proposed to be retained? 9. Conveyance of Natural Lands (and associated buffers) that are dedicated to the City or other public authority are not eligible as part of the parkland dedication and it is typical for the City or other pubic authority to acquire land having no development potential free of charge. PRIOR TO FINAL SITE PLAN APPROVAL 10. Fencing A detailed plan illustrating fencing locations specifically at the limit of development/buffers will need to be prepared as a component of any Scoped EIS accompanying the Site Plan Application. 11. Management It should be noted that at the time of site plan approval the following conditions among others will be requested: A detailed management plan be prepared and submitted for natural lands (ESPA 25, Core Environmental Feature, etc.) to the City as a component of the scoped EIS. A stewardship brochure be prepared as a component of the scoped EIS. Theapplicant submit landscaping and planting plans for all buffer areas contiguous to ESPA 25 and the Core Environmental Feature to the satisfaction of the City of Kitchener in consultation with the Region as a component of the scoped EIS. 34 Page of 1 - 76 Although a number of comments have been provided above many of them are minor in nature or are not required to be completed prior to the zone change and associated Grand River Community Plan Amendment. We will continue to work with the consultants and agencies to resolve any outstanding items and are happy to meet to clarify any of the comments in order to assist with a speedy resolution. 44 Page of 1 - 77 INTERNAL MEMO City of Kitchener City Hall, 200 King St. West P.O. Box 1118 Kitchener, ON N2G 4G7 Date: July 3, 2014 To: Andrew Pinnell From: Katie Pietrzak cc: Linda Cooper Subject: Zone Change Site Address:Fairway Rd and Lackner Blvd Project Description:zonechange for School, residential and commercial lands Owner:Waterloo Region District School Board Upon reviewing the Functional Servicing Report there is significant capacity constraints . The sanitary sewers constraint appears along Fairway Road from the end of the run (heading south) until it connects to the 375mm diameter heading to Apple Tree Sanitary Pumping Station. Engineering ran the model and the Fairway/Lackner development is able to release 14 L/s without any sanitary sewer upgrades. Anything over 14 L/s proposed from the subject site would bring the sanitary capacity over 95% full and therefore upgrades may be required on specific runs of pipe. The sections of pipe that may need to be upgraded will depend on the ultimate flows coming from the site. Engineering recommends a holding prevision be put on the property to ensure that amaximum release rate of 14 L/s is maintained until further studies are done and possible upgrades are accommodated through the site plan development of this property. Katie Pietrzak, C.E.T. Design & Construction Technologist S:\General\03-06-002 Site Plan Files\Zone Change Application\2014\Lackner and Fairway - revised.doc 1 - 78 1 - 79 1 - 80 1 - 81 1 - 82 1 - 83 1 - 84 1 - 85 1 - 86 1 - 87 1 - 88 1 - 89 1 - 90 1 - 91 1 - 92 1 - 93 1 - 94 1 - 95 1 - 96 1 - 97 1 - 98 1 - 99 1 - 100 1 - 101 1 - 102 1 - 103 1 - 104 1 - 105 1 - 106 1 - 107 Appendix G PROPERTY OWNERS AND INTERESTED PARTIES ARE INVITED TO ATTEND A PUBLIC MEETING TO DISCUSS PROPOSED AMENDMENTS TO THE KITCHENER ZONING BY-LAW UNDER SECTION 34 OF THE PLANNING ACT Fairway Road North and Lackner Boulevard (Northeast Corner) The Waterloo Region District School Board (WRDSB) is proposing to change the zoning and community plan designation of the site at the northeast corner of Fairway Road N / Lackner Boulevard in order to allow the construction of an elementary school. The applications also propose to allow a mix of commercial and high-density residential uses as well proposal with a range of residences, stores, institutional uses including a school, and other complementary uses. In general, the zoning would be changed from Residential Nine (R-9) and Neighbourhood Shopping Centre (C-2) to a Mixed Use (MU-2) with site-specific regulations. Green areas would be rezoned to Open Space (P-2) and Hazard Land (P-3). The purpose of this public meeting is to: 1. Provide background and information regarding the subject applications in advance of a final decision; 2. Provide asummary of the public and department/agency comments received to date; 3.Identify the actions taken on the comments/issues; 4. Advise the community and Committee of the current status and next steps; 5. Receive and consider further community input through the formal statutory public meeting; and 6. Receive input from the Committee regarding their comments on the proposal. Planning & Strategic Initiatives Committee The public meeting will be held by the , a Committee of Council which deals with planning matters, on: MONDAY, DECEMBER 8, 2014 at 7:00 P.M. nd COUNCIL CHAMBERS, 2 FLOOR, CITY HALL 200 KING STREET WEST, KITCHENER. Any person may attend the public meeting and make written and/or verbal representation either in support of, or in If a person or public body does not make oral submissions at this public opposition to, the above noted proposal. meeting or make a written submission prior to approval/refusal of this proposal, the person or public body is not entitled to appeal the decision to the Ontario Municipal Board, and may not be added as a party to the hearing of an appeal unless there are reasonable grounds in the opinion of the Board. ADDITIONAL INFORMATION is available by contacting the staff person noted below, viewing the report contained in the agenda(posted 10 days before the meeting at www.kitchener.ca - click on the date in the Calendar of Events and select the th appropriate committee), or in person at the Planning Division, 6 Floor, City Hall, 200 King Street West, Kitchener between 8:30 a.m. - 5:00 p.m. (Monday to Friday). Andrew Pinnell ,Planner - 519-741-2200 ext. 7668 (TTY: 1-866-969-9994), andrew,pinnell@kitchener.ca 1 - 108 1 - 109 1 - 110 1 - 111