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HomeMy WebLinkAboutPSI Agenda - 2018-04-09Planning & Strategic Initiatives Committee Agenda Monday, April 9, 2018 Council Chamber Office of the City Clerk Kitchener City Hall 7:00 p.m. – 9:00 p.m. nd 200 King St. W. - 2 Floor Kitchener ON N2G 4G7 Page 1 Chair - Councillor P. Singh Vice-Chair - Councillor B. Ioannidis Consent Items The following matters are considered not to require debate and should be approved by one motion in accordance with the recommendation contained in each staff report. A majority vote is required to discuss any report listed as under this section. None. Delegations Pursuant to Council’s Procedural By-law, delegations are permitted to address the Committee for a maximum of 5 minutes. Item 3 – Tony Brijpaul, ClimateActionWR Discussion Items 1.INS-18-012 - Middle Strasburg Trunk Sanitary Sewer (20 min) - Credit/Refund Agreement Request 2. CSD-18-051 - Official Plan Amendment - OP17/005/W/GS (45 min) - Zone Change Application - ZC17/014/W/GS - Breithaupt Block Inc., 2184647 Ontario Limited - Frederick Andrew Dobson, Paul Raymond Taylor, Kim Taylor, Daniel Paul Taylor - 43, 47, 53, & 55 Wellington Street North, 2-12 & 26 Moore Avenue, 20 Breithaupt Street (Staff will provide a 5 minute presentation on this matter) 3. INS-18-024 - Long Term Community Greenhouse Gas Reduction Target (45 min) (Tova Davidson, Sustainable Waterloo Region, will provide a 10 minute presentation on this matter) Information Items CSD-18-015 - Feasibility and Implications of Being Designated Approval Authority for Amendment to Kitchener’s Official Plan Unfinished Business List Jaclyn Rodrigues Committee Administrator ** Accessible formats and communication supports are available upon request. If you require assistance to take part in a city meeting or event, please call 519-741-2345 or TTY 1-866-969-9994 ** REPORT TO: Planning &Strategic Initiatives Committee DATE OF MEETING: April 9, 2018 SUBMITTED BY: Hans Gross, Director of Engineering, 741-2200 ext. 7410 PREPARED BY: Linda Cooper, Manager Development Engineering, 741-2200 ext. 7974 WARD(S) INVOLVED: Ward 5 DATE OF REPORT: February 6, 2018 REPORT NO.: INS-18-012 SUBJECT: Middle Strasburg Trunk Sanitary Sewer-Credit/Refund Agreement Request ___________________________________________________________________________ RECOMMENDATION: That Council authorize the Mayor and Clerk to execute a development charges credit/refund agreement with the developers (Kitchener Green 3 Developments Inc., Kitchener Green Developments Inc., Activa Holdings Inc., 2079546 Ontario Limited, Activa Investment Corporation, South Estates Kitchener G.P. Inc., Big Spring Farms Limited, B & B Kieswetter Excavating Inc., Deerfield Homes Ltd.) in respect to the developers payment for the costs of the engineering fees and construction of the Middle Strasburg Trunk Sanitary Sewer (MSTSS),in addition the agreement will contain provisions authorizing the acceptance of lands from the developers by the municipality on which the project will be constructed, to the satisfaction of the City Solicitor. BACKGROUND: In 1998 the City of Kitchener (EA) for the Middle Strasburg Creek Trunk Sanitary Sewer between Huron Road and Bleams Road. The trunk sewer will service future development within a portion of the Huron Community Plan which is bounded by Bleams Road to the north, Westmount Road to limit to the south. The Environmental Study Report was approved on April 17, 1998. No construction activity occurred within 10 years on the trunk sewer after receiving approval.Therefore, in accordance with the Municipal Class EA process, The City of Kitchener was obligated to review the planning and design details to ensure that the project and the mitigating measures outlined in 1998 are still valid given the current planning context and site *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. 1 - 1 conditions, by means of an Addendum to the Class EA.The City of Kitchener completed the Addendum to the Class EA on February 28, 2003. Activa Holdings Incorporated initiated the development of stages 8, 9 and part of stage 10 of the Huron Village Subdivision, File 30T-01201. In accordance with the Subdivision Agreement, the Middle Strasburg Trunk Sanitary Sewer was required to be extended from its terminus at that time to Huron Road.The City received a request from Activa Holdings Inc. proposing that the City retain Stantec Consulting Limited as the engineering consultant to undertake the detailed design, contract administration and inspection for the Middle Strasburg trunk sewer project. Further to that Activa requested to execute a credit for Service Agreement with the City of Kitchener in respect to Activa paying the costs of the consultant fees and the construction of Middle Strasburg Trunk Sanitary Sewer project. Council approved this in March 2008 and the first phase of the trunk sewer was constructed. The Region of Waterloo completed a Class C Environmental Assessment for Fischer Hallman Road Improvements on March 2, 2016. The MOECC received multiple Part II Order Requests in association with the Environmental Assessment. The Region of Waterloo received notice from the Minister of Environment and Climate Change dated -Hallman Road (Bleams Road to Plains Road) Class EA Study and issued e single phase.A portion of the MSTSS, local sanitary sewer and local watermain are all within the impact area and are required to be completed in one construction phase as per the M order. REPORT: In accordance with the Kitchener Growth Management Plan and the 2014 Development Charge Background studies, the City of Kitchener is planning to construct the north (upstream) portion of the new Middle Strasburg Trunk Sanitary Sewer (MSTSS). This project is illustrated in Figure 1.0. The portion of the MSTSS from Huron Village Subdivision to the crossing of Strasburg Road and Strasburg Creek has been constructed. Approximately 1250 m of 3100 m are completed.The new trunk sewer will be approximately 1850 m long and will connect to the previously installed portion of this trunk sewer. 1 - 2 Figure 1.0 Middle Strasburg Creek Trunk Sanitary Sewer EA Alignment As identified in the 2018 capital forecast, the MSTSS project is budgeted mainly in 2022-2023, with a small amount of funding in 2018 ($213,000) for the portion of the MSTSS included as part of the Region of Waterloo tender for Fischer Hallman Road reconstruction. As part of the 2018 final budget day discussions, Council also approved advancing $680,000 of funding from 2022 to 2018 so the detailed design for the whole MSTSS project could be completed . The developers group wishes to expedite the construction of the MSTSS in its entirety and thus on February 7, 2018, the City received a development charges credit/refund application request from the developers to advance the detailed design and construction of the MSTSS. The developers have had ongoing discussion with the City. Staff at this time is in support of this application and to date the developer group has submitted all required information to process their application. A project team from various City departments was established to review the credit/refund application. Project team members included Engineering, Planning, Legal, and Finance. All members of the project team are in favour of the proposal. The project team has met with the developers to draft the agreement. The project is a development charge (DC) funded project and was identified in the 2014 DC Background study as shown in the table below. Values included in the 2018 budget reflect the timing change for the portion of the MSTSS related to the Regional 1 - 3 reconstruction of Fischer Hallman Road, completing detailed design in 2018, and also incorporate inflation. Total ProjectTimeframeTotal DC Study Reference Estimated Cost 1Middle Strasburg 2022-$4,707,813$9,415,626Hemson Consulting Creek Sanitary Sewer 2023 -$4,707,813Ltd., April 2014 TrunkProject SA8, p. 196 Other Considerations: As illustrated in Figure 2.0, all 13 parcels of land owned by the developers are dependent on the MSTSS being completed. Of critical note is the traffic on Fischer Hallman Road and the immediate need for capacity improvements to address the issue. The Region is assessing if temporary signalized improvements are required including a temporary rural widening potentially in 2019 but it would only be done if the core project was to be deferred by four to five years. This would be nearly 100% throw-away costs which is not a preferred option. 1, 2 Kitchener Green 3 Developments Inc. 8 Big Spring Farms Limited 3 Kitchener Green Developments Inc. 9 Activa Holdings Inc. 4 B&B Kieswetter Excavating Inc. 10 City of Kitchener 5, 13 20795446 Ontario Limited 11 Activa Investments Corporation 6 Stamm Investments Limited 12 Deerfield Homes Limited 7 South Estates Figure 2.0 Land Ownership 1 - 4 Project Costs The total preliminary cost estimate of the project is $9,415,626.00 in accordance with the 2014 DC Background Study. The cost estimate includes the following: o Engineering Fees for the project ($1,228,125.00) Consultant fees for detailed design, inspection and contract administration Cost for City staff including project management, tender advertisement, permit fees and administration Consultant cost for geotechnical testing, hydrogeological investigation, etc. o Middle Strasburg Creek Sanitary Trunk Sewer (Huron to Bleams Rd) and related works ($8,187,500.00) including a 25% contingency The developers will fund the project in two stages: o Upon execution of the credit for service agreement the developers agree to pay in full the total cost of the design work and the construction portion within the Fischer Hallman Road right-of-way, namely $893,000.00 ($213,000+$680,000). o Upon execution of the credit for service agreement the developers agree to deposit an irrevocable letter of credit in the amount of $1,000,000. The letter of credit will have an automatic renewal clause. o Prior to the award of tenders, the amount of the letter of credit will be modified to match the full amount of the contract price for the creditable works, so that all of the In addition, all property required for the construction, maintenance and ownership of the MSTSS will be transferred to the City. o If during construction any unforeseen issues arise and sufficient funds are not available in the letter of credit to cover the costs, the developer is responsible to provide the funds required to complete the project. The City will provide the developer to provide the funds. If, after the detailed design stage and tendering process, the total value for all project works exceeds the amount agreed upon with the developers and defined in the credit for service agreement, then the developers have the ability to terminate the agreement. The City will retain sufficient funds to complete the design of the MSTSS as well as the construction of the MSTSS within the Fischer Hallman Road right of way plus 20 m downstream to the east. ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN: Strategic Priority:Safe and Thriving Neighbourhoods Strategy: #3.3 Manage growth, curb urban sprawl, and foster more mixed-use development, ensuring new development is integrated with the diversity and character of the surrounding community. 1 - 5 Strategic Action: #51 Kitchener Growth Management Strategy 2017-2019 FINANCIAL IMPLICATIONS: Capital Cost: The capital costs for this project will be borne by the developer. In accordance with Council Policy I-537 (Development Charges Credit/Refund Agreements), the City will reimburse the developer through development charge credits and refunds for significant growth related capital items that are advanced by the developer. Policy I-537 allows developers to proceed with such projects and be reimbursed by the City through crediting, in this case, the sanitary portion of the Development Charge payable upon the issuance of the building permits. Policy I-537 also allows for a refund of the balance on June 30 of the year it appears in development charge revenue targets, City wide. This ensures that there are adequate funds to cover the project in the future. For example, if the City has only reached 60% of its anticipated Development Charge revenue, throughout the City, then the developer is only entitled to 60% of the refund in that year. Every year subsequent to that, the developer receives a refund calculated in the same manner. Based upon this policy, a draft agreement has been prepared by Legal Services in cooperation with legal counsel for the developer. Operating and Maintenance Costs 8Capital Forecast, Middle Strasburg Trunk Sanitary Sewer is to be constructed in 2022-2023. There is no additional operating or maintenance costs to this agreement. The developers agree if maintenance is required prior to June 30, 2022 the City will perform the required maintenance and bill the developers accordingly. COMMUNITY ENGAGEMENT: INFORM advance of the council / committee meeting. CONSULT The City has consulted with GRCA and the Region of Waterloo to ensure the Part II Order issued by the MOECC is being adhered to. The public was previously consulted with during the Environmental Assessment; the open house was on November 13, 1996. 1 - 6 PREVIOUS CONSIDERATION OF THIS MATTER: On April 17, 1998 council approved the Environmental Study Report and it was submitted for MOE for the 30 day review. On March 11, 2008 council approved the retention of Stantec Consulting to complete the detailed design and contract administration for the construction of the first phase of the Middle Strasburg Trunk Sanitary Sewer. It further approved entering into a credit for service agreement with Activa Holdings Inc. for the cost of the detailed design and construction of the trunk sewer. In January 2018 as part of final budget, Council approved the advancement of $680,000.00 to complete the detailed design for the remaining portion of the trunk sewer. CONCLUSION: The developers group has had ongoing discussions with City staff. At this time, the developer group has submitted all the required information to process their application and staff has had the opportunity to review the application in detail. Said developers are proposing to fund the cost of the Middle Strasburg Trunk Sanitary Sewer and related appurtenances. Further they have also agreed to pay any maintenance cost of the subdivision infrastructure until such time as it appears in the capital budget. As such, staff recommends that the credit/refund agreement for the Middle Strasburg Trunk Sanitary Sewer be approved. ACKNOWLEDGED BY: Justin Readman, Executive Director, Infrastructure Services. 1 - 7 1 - 8 REPORT TO: Planning and Strategic Initiatives Committee DATE OF MEETING: April 9, 2018 SUBMITTED BY: Alain Pinard, Director of Planning, 519-741-2200 x 7319 PREPARED BY: Garett Stevenson, Planner, 519-741-2200 x 7070 WARD INVOLVED: Ward 10 DATE OF REPORT: March 7, 2018 REPORT NO.: CSD-18-051 SUBJECT: Official Plan Amendment OP17/005/W/GS Zone Change Application ZC17/014/W/GS Breithaupt Block Inc., 2184647 Ontario Limited, Frederick Andrew Dobson, Paul Raymond Taylor, Kim Taylor, &Daniel Paul Taylor 43, 47, 53, & 55 Wellington Street North, 2-12 & 26 Moore Avenue, 20 Breithaupt Street Location Map: Subject Property EXECUTIVE SUMMARY: Planning staff are recommending approval of an Official Plan Amendment and a Zone Change application to permit a new 12 storey office building, a five storey parking garage with retail uses along Breithaupt Street at the base of the office tower and parking garage, a new privately owned park at the corner of Moore Avenue and Wellington Street North, and the reconfiguration of the existing lane. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. 2 - 1 RECOMMENDATION: A. That Official Plan Amendment Application OP17/005/W/GS for Breithaupt Block Inc., 2184647 Ontario Limited, Frederick Andrew Dobson, Paul Raymond Taylor, Kim Taylor, & Daniel Paul Taylor requesting a change in designation from General Industrial Employment and Low Rise Residential to Mixed Use with Specific Policy Area 39 to permit a mixed use development on the parcel of land specified and illustrated on to Report CSD 18-051 Waterloo for approval; AND B. That Zone Change Application ZC17/014/W/GS for Breithaupt Block Inc., 2184647 Ontario Limited, Frederick Andrew Dobson, Paul Raymond Taylor, Kim Taylor, & Daniel Paul Taylor requesting a change from Residential Five (R-5) with Special Use Provision 129U & 411U and Industrial Residential Zone (M-1) to High Intensity Mixed Use Corridor (MU-3) with Special Regulation Provisions716R, 717R, & 718Rand Special Use Provision 465Uon the parcel of land specified and illustrated on Map No. 1, be approved in the form shown i-March 7, 2018, attached to Report CSD 18-051AND C. That the Urban Design Brief dated February 2018, and attached to Report CSD-18-051 through the Site Plan Approval process; AND FURTHER D. That Kitchener City Council declare as surplus to City needs and sell at fair market value to Breithaupt Block Inc. and/or 2184647 Ontario Limited, a portion of the laneway between Moore Avenue and Waterloo Street illustrated on the Map of Proposed Lane Closure, attached to Report CSD 18-051 D BACKGROUND: Perimeter Development Corporation, on behalf of all owners,hassubmitted an Official Plan amendment and a Zone Change application for the lands shown on the location map above. The subject lands comprise an L-shaped property with an area of approximately 0.98 hectares (2.4 acres) and are bordered by Wellington Street and existing residential uses to the north, Moore Avenue to the west, Breithaupt Street to the south and existing residential uses to the east. A City- owned lane runs east-west between Waterloo Street and Moore Avenue and bisects the western portion of the subject lands to connect to Moore Avenue. The majority of the lands are currently used as a surface parking lot for existing development at 25 and 51 Breithaupt Street (Breithaupt Block Phase 1 and 2) except for 53 and 55 Wellington Street North which are currently developed with a semi-detached dwelling. ANeighbourhood Information Meeting was held to gather public input on the applications. Staff also met with the owners and their consultants to work through design and technical comments and concerns. The public input, working meetings, and discussions have resulted inseveral changes to the proposal. Provincial, Regional, and City planning policy provide guidance that must be considered when evaluating changes in land use permissions as discussed below, especially within the Central Transit Corridor and areas identified by the City for intensification. 2 - 2 REPORT: PROVINCIAL POLICY CONSIDERATIONS: Provincial Policy Statement,2014 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 build strong healthy communities. The PPS is supportive of efficient development and land use patterns which sustain the financial well-being of the Province and municipalities over the long term, communities that accommodate an appropriate range and mix of land uses,promoting cost-effective development patterns and standards to minimize land consumption and servicing costs, and promoting development and land use patterns that conserve biodiversity and consider the impacts of a changing climate. ThePPS requires the City to promote economic development and competitiveness by providing for an appropriate mix and range of employment and institutional uses to meet long-term needs, provide opportunities for a diversified economic base, including maintaining a range and choice of suitable sites for employment uses which support a wide range of economic activities and ancillary uses, to take into account the needs of existing and future businesses, and to encourage compact, mixed- use development that incorporates compatible employment uses to support liveable and resilient communities. New developments within existing or planned transportation corridors should be compatible with, and supportive of, the long-term purposes of the corridor and should be designed to avoid, mitigate or minimize negative impacts on and from the corridor and transportation facilities. The PPS requires that long-term economic prosperity be supported by promoting opportunities for economic development and community investment-readiness. Planning staff is of the opinion that the proposed applications are consistent with the PPS as they will facilitate the development of the subject property with a compact mixed-use development that is located within walking distance to the future multi-modal transit hub at King and Victoria Streets, the planned intensification proposed development will provide additional employment opportunities and will better utilize lands that are currently being used for surface parking. No new public roads would be required for the proposed development and Engineering staff have confirmed there is capacity in existing infrastructure to support the proposed development. Planning staff is of the opinion that the requested applications are consistent with the policies and intent of the PPS. Growth Plan for the Greater Golden Horseshoe,2017 (Growth Plan) Two of the Guiding Principles of the Growth Plan are to prioritize intensification to make efficient use of land and infrastructure to support transit viability, and to provide flexibility to capitalize on new economic and employment opportunities as they emerge, while providing certainty for traditional industries, including resource-based sectors. Growth within settlement areas is focused in locations with existing or planned transit, with a priority on higher order transit where it exists or is planned, among other locations.Complete communities feature a diverse mix of land uses, including residential and employment uses, and convenient access to local stores, services, and public service facilities. They also have convenient access to a range of transportation options, including options for the safe, comfortable and convenient use of active transportation. Within complete communities, developments must be of ahigh quality compact built form and an attractive and vibrant public realm which includespublic open spaces. 2 - 3 Economic development and competitiveness is promoted by making more efficient use of existing employment areas and vacant and underutilized employment lands and increasing employment densities; by ensuring the availability of sufficient land, in appropriate locations, for a variety of employment to accommodate forecasted employment growth, by planning to better connect areas with high employment densities to transit; and integrating and aligning land use planning and economic development goals and strategies to retain and attract investment and employment. Major office and appropriate major institutional development are directed to urban growth centres, major transit station areas or other strategic growth areas with existing or planned frequent transit service. In planning for employment, surface parking will be minimized and the development of active transportation networks and transit-supportive built form will be facilitated. The Growth Plan also requires that major transit station areas that are served by light rail transit are planned for a minimum density target of 160 residents and jobs combined per hectare. Within all major transit station areas, development will be supported, where appropriate, by planning for a diverse mix of uses, including second units and affordable housing, to support existing and planned transit service levels; by providing alternative development standards, such as reduced parking standards; and by prohibiting land uses and built form that would adversely affect the achievement of transit-supportive densities. Lands adjacent to or near existing and planned frequent transit should be planned to be transit-supportive and supportive of active transportation and a range and mix of uses and activities. Planning staff is of the opinion that the applications conform to the Growth Plan. The development of the subject lands with a mix of office and commercial uses will contribute to the number of jobs King Street intensification corridor.The existing surface parking lot will be redeveloped with a more intensive employment use. REGIONAL POLICY CONSIDERATIONS: Regional Official Plan (ROP) Urban Area policies in the ROP identify that the focus of the R Urban Area. This area contains the physical infrastructure and community infrastructure to support major growth, including transportation networks, municipal drinking-water supply systems and municipal wastewater systems, and a broad range of social and public health services. It is also well- served by the existing Regional transit system, which is intended to be further enhanced through the introduction of rapid transit. For these reasons, lands within the Urban Area have the greatest capacity to accommodate growth and serve as the primary focus for employment, housing, cultural and recreational opportunities in the region. Within the Urban Area, most of the RCentres, Major Transit Station Areas, Reurbanization Corridors, Major Local Nodes and Urban Designated Greenfield Areas. In general, these areas will be planned to create a more compact urban form with a greater mix of employment, housing and services in close proximity to each other. Major Transit Station Areas are planned to be developed to achieve increased densities that support and ensure the viability of existing and planned rapid transit service levels and a mix of residential, office, institutional and commercial development, wherever appropriate. Planning staff is of the opinion that the applications conform to the Regional Official Plan.Regional Planning staff have no objections to the proposed applications and provided comments (Appendix E) that will be taken under advisement for future development applications. 2 - 4 Community Building Strategy (CBS) The Community Building Strategy (CBS) provides an overall framework and vision for the entire Rapid Transit Route and specific Station Areas. The subject lands fall within 800 meters of several ION stops and the King/Victoria Transit Hub. The Transit Hub area is envisioned to evolve into a connected high density mixed-use node serving as a primary access point to the cluster of high-tech and health services in the area. Region staff are very supportive of mixed used, high density and transit supportive developments at this location. CITY POLICY CONSIDERATIONS: City of Kitchener Official Plan An Official Plan amendment is being sought to change the Official Plan Land Use Designation from General Industrial Employment and Low Rise Residential to Mixed Use with Special Policy Area 39 to add new site-specific policies in the Official Plan to permit amaximum Floor Space Ratio (FSR) of 4.2. The subject applications have Official Plans. The Official Plan for the City of Kitchener was adopted by Kitchener City Council on June 30, 2014 and approved by the Region of Waterloo on November 19, 2014. While some policies remain under appeal, including the Major Transit Station Area Intensification Area Urban Structure Component and the General Industrial Employment and Mixed Use Land Designations, the balance of the plan is now in force and effect, with an in-effect date of September 23, 2015, being the date the appeal to the entire 2014 Official Plan was withdrawn. Where policies of the 2014 Official Plan were specifically appealed, those specific policies are not in effect. General Industrial Employment Land Use Designation, 2014 Plan Under Appeal The lands between the lane and Breithaupt Street (addressed as 2-12 Moore Avenue and 20 Breithaupt Street) are designated as General Industrial Employment in the 2014 Official Plan, a land use designation which is currently under appeal. Lands with this designation are planned to provide for a broad range of industrial uses, some of which by virtue of their operation or site utilization may need to locate within an industrial area or require appropriate buffering to mitigate potential impacts on residential areas.Permitted uses may include; construction uses and contractor/service trades,industrial uses with a commercial component which require large areas for the storage of goods, such as a building materials or decorating supply sales business (lumber yards), industrial office supply or industrial service,major recreation equipment sales and service,manufacturing, assembling, processing, fabricating, refining,repair operations,printing and publishing operations,recycling operations completely contained within a building,transportation facilities, terminals and depots,utilities, and warehousing, storage, distribution and wholesaling. Anumber of accessory or ancillary uses which support the primary function of the General Industrial Employment land use designation may also be permitted, and some manufacturing uses are prohibited. General Industrial Land Use Designation, 1994 Plan The General Industrial Employment land use designation from the 2014 Official Plan is under appeal 2 - 5 and therefore the General Industrial land use designation policies from the 1994 Official Plan currently apply to the subject property. Lands designated as General Industrial are planned to provide a broad range of industrial uses, some of which by virtue of their operation or site utilization require appropriate buffering to mitigate potential impacts on residential areas. In addition to manufacturing, including recycling completely in a building, General Industrial Districts permit a wide variety of industrial business uses typically found in industrial areas including uses such as technical/scientific businesses, repair service, transportation depot and terminal facilities, warehouses and uses relating to motor vehicle and major recreation equipment sales and service. Low Rise Residential Land Use Designation, 2014 Plan Plan. The lands between the lane and Wellington Street North (addressed as 43, 47, 53, & 55 Wellington Street North and 26 Moore Avenue) are designated as Low Rise Residential. Mixed Use Land Use Designation, 2014 Plan Under Appeal Planning staff are recommending that the land use designation for the subject lands be amended to Mixed Use. However, the Mixed Use land use designation is under appeal in the 2014 Official Plan. Until such time as the new Mixed Use land use designation is fully implemented, the Mixed Use Node land use designation from the 1994 Official Plan would apply with the approval of Official Plan Amendment application outlined in Planning s above. For lands designated as Mixed Use, permitted non-residential uses include compatible commercial uses such as, but not limited to, retail, commercial entertainment, restaurants, financial establishments,personal services,office,health-related uses such as health offices and health clinics and institutional uses such as daycare facilities, religious institutions, and educational establishments but not including elementary schools,social service establishment, and studio and artisan-related uses.The Floor Space Ratio for all new residential or mixed use building developments within the Major Transit Station Area shall be a minimum of 0.6 and a maximum 4.0. Through zoning regulations, the design of the building can be regulated to require that a portion of the building mass as well as primary façades and building entrances be oriented towards the public realm by imposing maximum front yard setbacks and façade zoning regulations. Zoning regulations could also regulate the location of active uses such as retail, service shops and restaurants at the street level,limit vehicular parking between the building façade and the street, and require that buildings maintain a human-scaled form of development along the street by imposing façade and building height regulations. Mixed Use Node Land Use Designation, 1994 Plan The Mixed Use land use designation from the 2014 Official Plan is under appeal and therefore the Mixed Use Node land use designation policies from the 1994 Official Plan would apply to the subject , until such time as appeals to the 2014 Official Plan are resolved. Mixed Use Nodes are distributed throughout the city and are primarily located near or around major intersections of the arterial road system. These nodes are intended to serve an inter-neighbourhood function and will allow for intensive, transit supportive development in a compact form. It is intended that the Mixed Use Nodes will intensify and provide a balanced distribution of commercial, multiple residential and institutional uses. 2 - 6 Individual properties within Mixed Use Nodes are zoned to achieve this balanced distribution of uses. The full range of commercial uses is permitted, including retail, neighbourhood level entertainment, and freestanding office. A full range of institutional uses and medium and high rise residential uses are also permitted. Mixed Use Nodes generally have strong pedestrian linkages with the surrounding residential neighbourhoods. To strengthen these linkages, new developments are required to orient a portion of the building mass to the street, provide for integration of cycling facilities, provide on-site pedestrian facilities, and provide pedestrian connections to abutting developments or transit facilities. New development shall be compatible with surrounding residential neighborhoods and will be of an appropriate height and density in relation to adjacent low rise residential development. New developments which abut arterial or major collector roads, are well separated from low rise residential development and have adequate municipal infrastructure may have a maximum Floor Space Ratio of 4.0. Urban Structure: Major Transit Station Area Intensification Area, 2014 Plan - Under Appeal Major Transit Station Areas are designated in the Regional Official Plan, are identified on Map 2 of the 2014 Official Plan, and are a conceptual representation of the area of a ten minute walking radius centered around the location of Rapid Transit Station Stops. The planned function of Major Transit Station Areas, in order to support transit and rapid transit, is to: a) provide a focus for accommodating growth through development to support existing and planned transit and rapid transit service levels; b) provide connectivity of various modes of transportation to the transit system; c) achieve a mix of residential, office (including major office), institutional (including major institutional) and commercial development (including retail commercial centres), wherever appropriate; and, d) have streetscapes and a built form that is pedestrian-friendly and transit-oriented. Major Transit Station Areas may include lands within stable residential neighbourhoods which are not the primary focus for intensification. The planned function of these areas will be reviewed and confirmed through the course of future Station Area Planning exercises. The Official Plan also provides direction for future Station Area Plans exercises, which have been completed for Central, Midtown and Rockway stations areas, but have not been initiated for the Block Line, Fairway, or Sportsworld station areas. - industrial employment uses without the requirement for a municipal comprehensive review provided that the proposal is in accordance with the Transit-Oriented Development Policies in the Section 13.C.3 of the Official Plan. The PARTS (Planning Around Rapid Transit Stations) Central Plan and recommendations for implementation have been approved by Kitchener City Council which is discussed in the subsequent PARTS section below. Urban Design, 2014 Plan Through the Site Plan process, the design of the buildings will be considered in greater detail. Materials, finishes, and detailed design elements that are found throughout the neighbourhood will 2 - 7 be encouraged for the buildings to ensure compatible design. Lighting, landscape design and materials, amenity areas, façades, roof designs, and site layout, and configuration will be carefully considered through the submission of detailed design plans and drawings. The proposed specific zoning regulations are being recommended to ensure that any future buildings are accommodated within a building envelope discussed in the attached Urban Design Brief. Transit-Oriented Development, 2014 Plan To assist in reviewing site specific development applications, in advance of station area planning exercises being fully implemented, the 2014 Official Plan contains Transit-Oriented Development provisions to consider when reviewing development applications for sites that are served by existing or planned rapid transit. The proposed Official Plan Amendment and Zone Change applications supports a more compact urban form with a mix of transit supportive uses, including office and commercial uses. The proposed employment use supports higher frequency transit service. The location of the proposed buildings, secured through the proposed special regulation provisions, will result in a built form that fosters walkability with pedestrian-friendly environments that allow walking to be a safe, comfortable, barrier-free and convenient form of urban travel. At future site plan approval processes, the design of the buildings will have to feature a high quality public realm to enhance the identity of the area and create gathering points for social interaction, community events and other activities. Additionally, secured and visitor bicycle parking will be required. Transportation Demand Management, 2014 Plan sustainable transportation choices and discourage single occupant vehicle trips and to reduce traffic congestion, parking supply needs, and demand for parking spaces by encouraging various modes of travel. With direction from the Official Plan, the City has completed the Planning Around Rapid Transit Station Areas (PARTS) TDM Strategy. Additional community improvements may also be identified through future station area planning exercises to support community-wide TDM initiatives as well. Official Plan Analysis The current General Industrial land use designation from the 1994 plan was brought forward into the 2014 plan as General Industrial Employment. The existing Secondary Plans were not reviewed as part of the 2014 Plan as station area planning exercises were contemplated for large portions of the Secondary Plan areas. While the subject lands are not within a Secondary Plan area, they were identif Major Transit Station Area Intensification Areas are planned to accommodate growth through development to support existing and planned transit and rapid transit service levels, while preserving stable residential neighbourhoods which are not the primary focus for intensification.The subject lands are currently underutilized. A parkette and building step backs are proposed along Wellington Street as a means to buffer and incorporate the proposed building with the low rise residential neighbourhood. 2 - 8 The 2014 Plan permits the conversion of employment lands to other non-industrial employment uses.Policy 15.D.12.22 permits lands to convert to other non-industrial employment uses or non- employment uses without the requirement for a municipal comprehensive review provided the proposal is in accordance with the Transit-Oriented Development Policies in the Section 13.C.3. Since the approval of the 2014 Official Plan, new policies came into effect in the 2017 update to the Growth Plan for the Greater Golden Horseshoe which requires a Municipal Comprehensive Review to be completed by the Region of Waterloo to permit the conversion of employment lands to other non-industrial employment uses. In 2010, as part of the Official Plan review, the City undertook the Comprehensive Review of Employment Lands study (CREL). The purpose of the study was to complete a provincially mandated municipal comprehensive review of the City of employment lands (industrial lands) to ensure that the City has sufficient lands to meet long term industrial employment needs, to protect prime industrial employment lands and to identify industrial employment lands that are suitable for conversion to other employment uses and non-employment uses. The study recommended that lands identified within the Urban Growth Centre and Major Transit Station Areas were not required to be retained for employment uses for the purposes of accommodating the employment projections. As a result, planning applications for employment lands conversions could be considered and processed in these specific areas, provided that each application demonstrate how the proposed development will meet the objectives of any Provincial or Regional policies associated with such areas.The proposed development is in accordance with the Transit-Oriented Development Policies in the Section 13.C.3 of the Official Plan as it will facilitate a development that promotes a walkable and transit-suportive employment use. The development concept is compact and within walking distance of the King and Victoria Street multi-modal transit station. The proposed building, streetscapes, and publically accessible parkette will be support a high quality public realm which will enhance the identity of the area and create a gathering point for social interaction. The proposed development supports various transportation modes including walking and cycling. Section 13.C.3.12 of the 2014 Plan provides direction for development applications in advance of the full implementation of station area planning exercises. Planning s Amendment will permit the development of the subject lands with a mixed-use development that is in a compact form with uses that are transit supportive. The King/Victoria Transit Hub station stop is in close proximity to the lands. The proposed Mixed Use land use designation is appropriate for the subject lands and implements the Major Transit Station Area Intensification Area policies. The Mixed Use designation permits commercial uses including retail, commercial entertainment, restaurants, financial establishments, personal services, office, health-related uses such as health offices and health clinics and institutional uses such as daycare facilities, religious institutions, and educational establishments,social service establishment, and studio and artisan-related uses. The Mixed Use land use designation provides direction for implementing zoning regulations for building design, including setbacks, façade heights, building openings for primary facades, building orientation, permitted ground floor uses, Floor Space Ratio, vehicle parking locations, and building heights. Planning staff are recommending approval of an amending zoning by-law, attached to this report, to change the zoning of the subject lands to High Intensity Mixed Use Corridor (MU-3) with special use and regulation provisions which are discussed in further detail below. As the Mixed Use land use designation from the 2014 Official Plan is under appeal, with approval of Mixed Use Node land use designation policies from the 1994 Official Plan would apply to the subject property.The Mixed Use Node land designation is also appropriate for the subject lands. The policies are similar to the Mixed Use land use designation policies in the 2014 Plan. Lands designated as Mixed Use Node are planned to be developed with intensive, transit supportive development in a compact form. In this case, the recommended amending zoning by-law includes 2 - 9 zoning by-law as well as the Strategy. The Site Plan approval process will be comprehensive and will be guided by the attached Urban Design Brief. High quality public spaces and building materials and finishes will be required. Lighting, landscape design and materials, amenity areas, façades, roof designs, and site layout, and configuration will be carefully considered through the submission of detailed design plans and drawings. The site planning process will also include a development agreement which will ensure the long-term maintenance and upkeep of the site. Site Plan Control will be used in accordance with the Planning Act as a means of achieving a well-designed, functional, accessible, and sustainable built form. Planning staff are proposing to implement TDM strategies in with the recommended zoning in two ways: with a special regulation provision to reduce vehicle parking and increase bicycle parking rates, and with the proposed High Intensity Mixed Use Corridor (MU-3) base zone which regulates ground floor façade design and requires active uses on the ground floor. The proposed vehicle and bicycle parking rates align with the Transportation Impact and Demand Management Strategy that was prepared in support of the applications.The balance of the site specific TDM measures will be implemented through the future site planning approval process. Planning Around Rapid Transit Stations (PARTS) The primary purpose of the Planning Around Rapid Transit Stations (PARTS) project is to provide direction for future development and stability within station study areas along with recommendations for capital projects to ensure that these areas are developed in a way that is transit supportive and adds value to our community. PARTS Phase 1 includes an identification of recommended station study areas, compilation of background information, and a project plan for how to undertake corridor-wide initiatives in Kitchener followed by the Station Study Area Plans. The subject properties are within the PARTS Central Plan area. Through Phase 1 it was determined that efficiencies would be achieved by completing some of the key initiatives at a corridor-wide scale in Kitchener all at once, rather than for individual station areas. Phase 2 consisted of five corridor-wide initiatives, including Interim Direction, Communications Approach, Urban Design Guidelines, Sanitary Sewer Capacity Analysis, and Transportation Demand Management (TDM) Strategy. The Interim Direction initiative was completed with the approval of Section 13.C.3.12 of the 2014 Official Plan as discussed above and the direction of Transportation Demand Management (TDM) Strategy was considered in the recommended amending by-law as discussed above. The Communications Approach and the Sanitary Sewer Capacity Analysis were further utilized during the PARTS Central Plan station area planning exercise. A new PARTS Urban Design Brief for the station study areas (with the exception of Sportsworld). The brief implements new transit-oriented guidelines and provides general direction in reviewing development applications within each area. The brief was considered by Planning staff in reviewing the site specific zoning regulations for the subject 2 - 10 PARTS Central Plan The PARTS Central Plan and recommendations for implementation have been approved by Kitchener City Council. The PARTS Central Plan objectives are to manage growth and change, ensure a mix of appropriate land uses, enhance transportation choice and connectivity, enhance placemaking, safety and community design, and to guide public and private investment. To achieve these objectives, the City will promote appropriately located and scaled intensification to achieve transit supportive densities, identify and conserve established stable residential areas, and promote redevelopment opportunities on underutilized lots. New buildings must contribute to a pedestrian friendly environment and incorporate new green spaces and connections where possible. The Plan also provides guidance to private sector investments to shape the nature and form of new development and its contribution to the streetscape and supports the growth of high-tech and start-up companies, educational institutions, and arts, cultural, and entertainment uses. residents and jobs per hectare for the Urban Growth Centre (UCG). Five of the six station stops in the PARTS Central Area are located in the UGC (Downtown) and one station stop is located just on the fringe of the UGC. All the station stops will be well-served by an area that exceeds the minimum best practice density target for LRT of 160 residents and jobs per hectare. The overall planned density of the PARTS Central Area is 175 residents and jobs per hectare at 50% of the zoned capacity of the lands. The subject lands are identified as Innovation Employment and Low Rise Residential in the PARTS Central Plan. The Innovation Employment applies to the portion of the subject lands located on the north side of Breithaupt Street and south of the public lane. The Low Rise Lands apply to the portion of the subject lands on the south side of Wellington Street and the north side of the public lane.The Innovation Employment is a new category of land use which is not currently found in Official Plan. Uses permitted within this land use district may include: creative production industries which may music), craftsman shop, live/work space, shared facilities, galleries, studios and office space for creative professionals; retail sales associated with the production of goods and materials; office uses, including scientific, technological and/or communications establishments such as computer, electronic, data processing, research and development and consulting uses those engaging in research and development; some light industrial uses such as small repair operations and contractor or service trade uses; complementary service commercial uses such as restaurants, print shops, personal services, fitness centres, recreational facilities, daycare facilities, health office and clinics and veterinary services; and in order to provide for a transition between the Low Rise Residential land use designation and Mixed Use and Innovation District land use designations, residential uses may be permitted on some lands, where it can be demonstrated that the residential use is compatible with Innovation Employment uses on the subject lands and adjacent lands. The Innovation Employment land use designation will be developed and implemented through the preparation of a new Secondary Plan for the PARTS Central Plan but has been identified with a maximum building height of 14.0 metres. The proposed Low Rise Residential land uses designation is applied to lands that are largely comprised of the stable established neighbourhoods and the centres of Heritage Conservation Districts. It is intended that through the development of the Secondary Plan and implementing 2 - 11 zoning by-law, further and more detailed policy direction will be provided for these areas, with respect to dwelling types, built form, building regulations and setbacks, in order to conserve the development pattern, character, and cultural heritage significance of these areas. These areas are proposed to accommodate low density housing types, including single detached dwellings, duplex dwellings, semi-detached dwellings, and where appropriate and compatible, other low density housing types such as street townhouse dwellings and small-scale multiple dwellings. At this time, the maximum permitted Floor Space Ratio (FSR) has been identified as a maximum of 0.6, with a maximum building height of 3 storeys or 4 storeys if the lands front onto a Regional Road or City Arterial Street. While the PARTS Central Plan has not yet been fully implemented, the Preferred Plan was reviewed in consideration of the subject applications. The portion of land currently designated as Low Rise Residential and identified as Low Rise Residential on the PARTS Central Preferred Plan includes an existing semi-detached residential building (53 and 55 Wellington Street North), two residential lots addressed as 26 Moore Avenue and 43 Wellington Street that previously contained residential dwellings, as well as a large surface parking lot that was historically used in conjunction with the former industrial use at 51 Breithaupt Street. The proposed site-specific zoning requires that any future building be set back 15 metres from the streetline along Wellington Street to provide an at grade publically accessible parkette. The parkette is proposed to be maintained by the Owner and public access will be secured through an easement at the site planning stage. As a result, all above ground floor area of any future building would be generally in line with the original rear walls of the former and existing residential uses along Wellington Street. A second set back of 31.5 metres would apply to any portion of a future building that is greater than 21.0 metres in height (the tower), which is generally in line with the boundary of the Low Rise Residential and Low Density Mixed Use land uses designations on the opposite side of Moore Avenue. The proposed Mixed Use land use designation permits a variety of the land uses identified in the Innovation Employment land use designation in the PARTS Central Plan.Special Use Provision 465U is proposed to limit uses permitted within the High Intensity Mixed Use (MU-3) zone to align with the intended land uses in the Innovation District. The majority of the building mass, including the tallest portion of the tower, must be located more than 31.5 metres away from Wellington Street and concentrated on the portion of the lands which are currently designated and zoned for industrial employment uses. The proposed FSR of 4.2, which is slightly greater than the permitted 4.0 FSR in the Mixed Use land use designation and the High Intensity Mixed Use (MU-3), can be accommodated on site and may be reduced in future through more detailed design at the site planning stage. While the proposed land use designation differs from the Central PARTS Preferred Plan, the concept of locating employment uses in a compact form that is buffered from the low rise residential neighbourhood is largely achieved with the proposed site specific permitted uses and set back regulations. The PARTS Central plan notes that staff pursue the preparation of a detailed Streetscape Master Plan and cost estimate for Breithaupt Street (from King/Moore to Weber St) in conjunction with updated urban design guidelines for the PARTS Central Plan area. Urban design staff will work with the applicant to design and implement upgraded streetscape elements along the City owned right-of- way as directed by the PARTS Central plan. 2 - 12 Kitchener Growth Management Strategy The Kitchener Growth Management Strategy (KGMS) helps to ensure that growth is managed effectively to achieve the required density and intensification targets, through a desired built form and function which will enhance the quality of life in Kitchener. While the intent of the Kitchener Growth Management Plan (KGMP) is to help guide the relative priority for all development applications within a growth area with a primary focus is on plans of subdivision, vacant land condominiums, and official plan amendments for new urban land use designations within growth areas that have not previously been considered in past Staging of Development Reports, it is based on the fundamental principle that maximizing the use of existing infrastructure is preferred, and that planning for and implementing intensification is a high priority. Planning staff is of the opinion that the applications comply with the KGMS as it allows for the appropriate intensification of the subject property which better utilizes the existing and planned infrastructure with development at a transit-supportive density. Zoning By-law 85-1 Planning staff are recommending site-specific zoning to provide additional direction that will guide future development. Planning staff recommend changing the zoning from Residential Five (R-5) with Special Use Provisions 128U & 411U and Industrial Residential Zone (M-1) to High Intensity Mixed Use Corridor (MU-3) with Special Regulation Provisions716R, 717R, and 718R and Special Use Provision 465U. Special Use Provision 465U prohibits certain non-employment commercial and residential uses that are more appropriate for a mixed use corridor, providing further direction for innovation employment type uses.Prohibited uses include Commercial Entertainment, Conference or Convention Facility, Duplex Dwelling, Dwelling Unit, Home Business, Hospice, Hotel, Lodging House, Multiple Dwelling, Museum, Private Club or Lodge, Religious Institution, Residential Care Facility, Single Detached Dwelling, Street Townhouse Dwelling, and Tourist Home. Special Regulation Provisions 716R, 717R, and 718Rdefine the location of the front yard along Breithaupt Street as well as podium and tower setbacks, stepbacks, and heights along Wellington Street. Site-specific regulationprovisions on vehicle and bicycle parking standards, maximum FSR, andbuilding height are also further outlined. CRoZBy (New Zoning By-law, Fist Draft), 2015-2017 The City is undertaking a review of the Zoning By-law to implement the 2014 Official Plan. The -law (CRoZBy) project is well underway. This project -ears. New zoning will beapplied to properties within major transit station areas when the PARTS Central Plan is implemented. The proposed amending by-law includes provisions for reduced parking and increased bicycle parking and facilities which is based on the draft Section 5 of the new zoning by-law, which were drafted based on the PARTS TDM Plan. 2 - 13 Tall Building Guidelines & Urban Design original proposal and the revised development concept for compliance with the newly approved Tall Building Guidelines and provided advice through the development review process which led to the refinement of the proposed built form. The proposal comprises a fairly large urban redevelopment located in close proximity to the future multi-modal transit hub. As such, any redevelopment of the lands should achieve a high standard for design excellence. The proposed development should strive to be a local leader with respect to the treatment of the streetscapes and the public realm (notably the proposed parks). The detailed design brief at Site Plan will detail the proposed streetscape treatments and park design. At the site planning stage, further detail will be requested, including the identification of surface treatments and strategies for patterning, articulation and variety. Landscape elements should be further detailed, with strategies to provide trees and other landscape elements that are viable and sustainable. The physical separation of the revised concept based on a 63.9 metre tower length and a 63.8 metre height (including mechanical penthouse) is 20.4m. This separation is achieved successfully to the interior lot line (31 metres) abutting the residential neighbourhood. While there is neither a proposed or likely future adjacent tall building, neighbourhood compatibility has been identified as a key design factor in review of this application. Overlook has a strong, measureable correlation for achieving good compatibility. The proposed tower directly overlooks neighbouring residential properties by approximately 33% (of the tower length). The target for a building this size is 30%. Considering that the tower exceeds its separation target, we can consider the intent of this guideline is successfully met. An updated shadow study will be required, as will an updated 3D Model, at the site planning stage that that shadowing can be confirmed for neighbouring properties at the detailed design stage. At the site planning stage, review will be undertaken with further refinement on the above grade parking structure. -form and urban fabric and therefore assumes a responsibility for high-quality, compatible design no different from that of any other use. Specifically, through the site planning stage, there will be further consideration for the façade design massing and materiality. Design changes will be implemented on all sides. Opportunities to integrate art or sculptural design elements into the façade of the garage will be considered. Façade art could also complement the adjacent open space along Breithaupt Street and give an identity unique to the open spaces on the site and in the area. Heritage Conservation The subject lands are located adjacent to 51 Breithaupt Street, which is listed as a non-designated property of cultural heritage value or interest. The subject lands are also located within the Warehouse District cultural heritage landscape and the Mt Hope/Breithaupt Neighbourhood cultural heritage landscape. The materials and colours of the building facing Breithaupt Street could pull in elements from the original Breithaupt Block buildings (e.g. yellow brick). The private green space at the corner of Moore and Wellington along with the substantial setback to the proposed building helps to mitigate some of the impact to the low rise residential Mt Hope/Breithaupt Neighbourhood cultural heritage landscape, in particular the Wellington Street streetscape.The scale of the podium and parking garage along Breithaupt Street is compatible with the existing listed buildings at 51 Breithaupt Street. 2 - 14 Lane Reconfiguration and Partial Closure The development concept shows the office tower being located along Breithaupt Street and Moore Avenue, with the main building entry facing the intersection of Breithaupt Street and Moore Avenue. The proposed development concept requires the partial closure and reconfiguration of the existing lane. As shown on the Map of Proposed Lane ClosureDa new privately-owned intersection with the existing lane. The portion of the lane west of 59 Wellington Street North would have to be declared as surplus and sold by the City of Kitchener to the Developer. Public access to the lane would be proposed with the new perpendicular lane noted above. The lane closure proposal was circulated to all utility providers, Canada Post, Transportation, Fire, Engineering, and Operations staff for review and comment.An existing storm service that is located on private property (under the current surface parking lot) will have to be relocated by the Developer and full access will be provided to the City in the form of an easement. Operations staff will require greater detail on the proposed loading dock at the site planning stage to update snow removal procedures for the City-owned portion of the lane. Public access over the private lane will also be provided with a public easement. The private lane was shifted to accommodate a larger loading area and increase landscape buffer in response to public comments and after the inclusion of 53 and 55 Wellington Street North within the development. During construction, an access management plan will be required as a condition of site plan approval to ensure public access to the lane during construction. existing lane is not a route used for fire response and that it does not appear to be used as a fire route for any of the existing building. The Fire Division does not have any significant concern with the closure.Rogers does not have services in the lane and has no objections to the sale or closure. The existing overhead Bell telephone wire will have to be relocated which will be determined as part of the site planning stage. AGENCY COMMENTS: A copy of all comments received from the commenting agencies and City departments are attached E summary, there are no outstanding concerns with the proposed Official Plan Amendment and Zone Change applications. Additional consideration or concerns will be addressed through the site development approval process. NEIGHBOURHOOD COMMENTS: FComments were received immediately following the initial circulation in September 2017 and following the Neighbourhood Information Meeting on January 9, 2018. The development proposal evolved throughout the process in response to resident, City, and agency comments. Additional information on the comments received from community members during the consultation on these applications is described in greater detail below. Building Height & Shadow Impacts Planning staff received comments on the proposed building height and shadow impacts on the adjacent low rise residential neighbourhood. There has been arevised development concept prepared to address some of the community concerns regarding height and shadow impacts.Following the Neighbourhood 2 - 15 Information Meeting, a revised development concept and request to amend the application was received. The changes from the original concept to the revised concept include; incorporating and including 53 & 55 Wellington Street North within the limits of the project, increasing the size of the loading dock and loading area and realigning the loading docks parallel to the building and further away from the surrounding residential uses, increasing the depth of the landscape buffer between the project and 59 Wellington Street North, increasing the setback of the tower portion of the building from 19 metres to 31.5 metres to improve shadowing on residential property east of the subject lands on the south side of Wellington Street North, reducing the size and relocating the mechanical penthouse (top floor) to reduce shadows from that portion of the building, and adjusting the tower to be rectangular in shape, resulting in more of the floor area being located closer to Breithaupt Street. Planning staff are supportive of the revised development concept and are recommending approval of Official Plan amendment and Zone Change applications as outlined in the report. The attached Urban Design Brief includes images of the revised development concept and an updated preliminary site plan. the shadow impacts of the revised development concept. In the modelling software, a scenario of removing a storey from the building only resulted in about 5 additional minutes of sun in the afternoon, and no additional sunlight in the morning (the parking garage is casting the shadow in the early morning).As a result, Planning staff advised that changes to the penthouse location and tower setback would be required to reduce shadow impacts. With the additional proposed tower setback and the inclusion of 53 and 55 Wellington Street North within the project limits, the shadow analysis was redone using 59 Wellington North as a point of referes target is to achieve 5 cumulative hours without shadow at the equinox (March 21 and September 21).The point of reference (middle of 59 Wellington Street North) is in sun from 8:00am-8:10am, 8:30am to 1:10pm, and 4:55pm to 5:20pm on the equinox. This represents 5:15 total hours of sunlight access. Tall Building Guideline for shadow impacts, as there is at least five cumulative hours of direct sunlight for both the March and September equinoxes. This is also true for the adjacent residential community. The revised development concept, including the updated shadow analysis, is outlined in the attached Urban Design Brief. It should be noted that the summer shadow condition is greatly improved from the equinox condition with very little notable impact to properties off site. their surroundings. Implementing setbacks from property lines and stepbacks between the podium, tower, and top features are important to achieve an appropriate transition.As noted above, the buildings have been pushed further away from Wellington Street and the adjacent residential community. The Tall Building Guidelines also require that tall buildings implement design cues from surrounding built form and to utilize a contemporary architectural style. Planning staff are recommending that Council endorse the attached Urban Design Brief which provides further direction for the site planning stage regarding building materials and design. The City will also require a Crime Prevention Through Environmental Design (CPTED) report as part of the site planning stage. 2 - 16 Construction Impacts The community surrounding the subject lands has been subject to construction for several years, including the reconstruction of King and Victoria Street intersection and ION King Street grade separation. There was also concern about the temporary displacement of the existing parking during construction. bris, dust, and road conditions.The Developer has confirmed that a temporary parking solution for the current tenants at 25 and 51 Breithaupt Street will be developed and adequate parking will be provided elsewhere. At this time, it is anticipated that a temporary shuttle system will be employed to discourage parking within the community by tenants. Transportation and Traffic Analysis Several community residents expressed concern about an increase in traffic as a result of the proposed development. The Developer has completed a Transportation Impact Study to determine the impacts of the proposed development and any improvements to accommodate any changes in traffic patterns as a result of the development. Regional and City Transportation Staff have reviewed the TIS and have no concerns with the proposed development. Detailed review regarding the location and function of each access will be further refined through the site plan process. With respect to projected trip generation and traffic, Transportation staff reviewed the Breithaupt Block Transportation Impact and Demand Management Study that was prepared to support the applications. That report concluded that a left-turn lane with 15 metres of storage length was warranted on Wellington Street North and notes that due to the right-of-way width at that location, a turning lane was not likely. At the request of Transportation staff, an additional analysis was conducted by Paradigm Transportation Services Limited assuming a scenario where the Wellington Street North Access was used for right turns into the site, and right turns out of the site (no left turns permitted from Wellington Street). The new analysis determined that traffic operations are acceptable under this condition and the other accesses can accommodate the traffic. The down side of this approach is that vehicles using the garage ramp near the Wellington Street would have more of the site to drive through to access the parking. Further review will be undertaken regarding site accesses at the site planning stage. Reduced Off-Street Parking and Transportation Demand Management Residents expressed concern about the proposed parking reduction requested with this application. Under the current zoning by-law, for lands zoned High Intensity Mixed Use Corridor, non-residential uses may benefit from a parking reduction of 30% from the typical standard parking requirement. upport and enhance sustainable transportation choices and discourage single occupant vehicle trips and to reduce traffic congestion, parking supply needs, and demand for parking spaces by encouraging various modes of travel. Along with the proposed parking reduction and increase bicycle parking, additional TDM measures such as car share spaces, active uses at grade, shower and change facilities for bicycle users, and subsidized transit passes will be further explored and implemented through the site planning stage. As a component of PARTS Phase 2, the City completed the PARTS Transportation Demand Management Strategy which supports the use of parking reductions, shared parking, unbundled parking, electric vehicle parking, bicycle parking and facilities, and car share parking for a development. The strategy is currently being implemented as part of the CRoZBy projectwith new 2 - 17 draft parking regulations for the PARTS Area. The proposed rate for bicycle parking is 1 indoor secured bicycle parking space per 333 square metres of floor area and 1 outdoor visitor parking spaces per 500 square metres of floor area. Over time, especially with ION, two-way all-day GO Train service, and potentially high speed rail, a wide range of transportation options should be available in close proximity to the users of this site. This could help reduce the overall environmental impact of the development and its users. Site Light and Light Pollution Some commentershighlighted some concern about the potential for light pollution from the office building, outdoor lighting, and the parking garage lighting. However, some residents noted that the current lighting in the surface parking area is an improvement and has resulted in greater natural n Design Manual requires a detailed Lighting Plan at the site planning Compliant standards.The roof top level of the parking garage will have to be designed to avoid light spill onto the adjacent properties. Low level lighting will be explored through the CPTED process to ensure that areas that are less publically visible are well lit. Property Value A few property owners questioned whether the proposed development would have an impact on their property values. It is difficult for planning staff to comment accurately on the impact that a proposed development may have on the value of nearby homes. Staff understand that MPAC assesses homes based on as many as 200 different factors ranging from the size of the house/lot, and their location, to the number of bathrooms and quality of the construction. Market values depend on a host of different factors including the state of the economy and the individual planning staff recognize that property value may be an important consideration for some individual residents, it is not a land use planning matter. Planning staff focus on whether the development is good planning with respect to the community and the City as a whole. Design Many respondents commented that they liked the proposed design and architecture and favoured high quality materials. Many people were supportive of the proposed parkette along Wellington Street North and the ground level retail at the base of the building. Some commenters also advised that they appreciated the additional interest and investment in this area. PLANNING ANALYSIS: The property is currently designated as Low Rise Residential and General Industrial Employment in the 2014 Official Plan. The General Industrial Employment land use designation from the 2014 Official Plan is under appeal and therefore the General Industrial land use designation policies from the 1994 Official Plan currently apply to the subject property. However, policy 15.D.12.22 of the 2014 Official Plan permits lands to convert to other non-industrial employment uses or non- employment uses without the requirement for a municipal comprehensive review provided the proposal is in accordance with the Transit-OrientedDevelopment Policies in the Section 13.C.3, keeping with the vision of the new Official Plan. The proposed Mixed Use land use designation from the 2014 Official Plan, and the Mixed Use Node land use designation from the 1994 Official Plan, are appropriate land use designations to implement the planned function of the subject lands. The proposed Mixed Use land use designation and 2 - 18 implementing site specific zoning will permit a development that will see a surface parking lot redeveloped into an employmen intensification corridor, and the future King/Victoria multi-modal transportation hub. Community input was gathered at a Neighbourhood Information Meetings which resulted in several changes to the proposal. The development proposal evolved with input from community members, City staff, and commenting agencies. Provincial, Regional, and City planning policy provide guidance that must be considered when evaluating changes in land use permissions as discussed below, especially within the Central Transit Corridor and in areas identified by the City as an Intensification Area, such as a Major Transit Station Area. Major Transit Station Areas also include lands within stable residential neighbourhoods which are not the primary focus for intensification. The proposed development will be compatible with the surrounding stable residential neighbourhoods. The Official Plan Amendment and Zone Change applications have been reviewed in consultation PARTS Central Plan to ensure that the proposed land use changes will permit development that focuses growth in an area intended to be the focus for intensification, supports the planned function of Major Transit Station Areas, and permits uses that are transit-supportive. Based on this analysis, Planning staff are recommending approval of the application as outlined in port. ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN: delivery of core service. FINANCIAL IMPLICATIONS: No new or additional capital budget requests are associated with these recommendations. COMMUNITY ENGAGEMENT: INFORM The Official Plan amendment and Zone Change application have been circulated for comment to internal departments, external agencies, and all property owners within 120 metres of the subject lands on September 25, 2017.A list of interested residents was updated throughout the application process. Written responses from property owners and interested parties are attached as discussed in this report. This re the agenda in advance of the council / committee meeting. Notice signs are posted on the property and additional notice signs were posted in advance of the Neighbourhood Information Meeting. CONSULT The Neighbourhood Information Meeting was held on January 9, 2018. Reponses and comments identified during that meeting were largely considered in a revised proposal. All residents who provided comments or attended one of the Neighbourhood Information Meetings were mailed notice of the public meeting, and notice of the public meeting appeared in The Record on March 16, 2018. 2 - 19 CONCLUSION: Planning s-law attached represent an evolution of the original application and proposal with input from residents, the applicant, and City staff. The proposed development aligns with the overall objective of locating transit supportive mixed use development with the Central Transit Corridor that provide places for people to work. The applications align with Provincial, Regional, and City policies and will contribute to and support the newly constructed ION rapid transit system. Therefore, Planning staff are recommending approval of the applications as thy represent good planning. REVIEWED BY: Della Ross, Manager of Development Review ACKNOWLEDGED BY: Michael May, Deputy CAO, Community Services ATTACHMENTS: &Newspaper Advertisement -law & Map No. 1 CUrban Design Brief Map of Proposed Lane Closure Department/Agency Comments FCommunity Input 2 - 20 CSD-18-051 Appendix A AMENDMENT NO. ____ TO THE OFFICIAL PLAN OF THE CITY OF KITCHENER CITY OF KITCHENER Breithaupt Block Phase 3 2 - 21 AMENDMENT NO. ___ TO THE OFFICIAL PLAN OF THE CITY OF KITCHENER CITY OF KITCHENER Breithaupt Block Phase 3 INDEX SECTION 1 TITLE AND COMPONENTS SECTION 2 PURPOSE OF THE AMENDMENT SECTION 3 BASIS OF THE AMENDMENT SECTION 4 THE AMENDMENT APPENDICES APPENDIX 1 Notice of the Meeting of Planning and Strategic Initiatives Committee of April 9, 2018 APPENDIX 2 Minutes of the Meeting of Planning and Strategic Initiatives Committee April 9, 2018 APPENDIX 3 Minutes of the Meeting of City Council April 16, 2018 2 - 22 AMENDMENT NO. ___TO THE OFFICIAL PLAN OF THE CITY OF KITCHENER SECTION 1 TITLE AND COMPONENTS This amendment shall be referred to as Amendment No. ___ to the Official Plan of the City of Kitchener. This amendment is comprised of Sections 1 to 4 inclusive. SECTION 2 PURPOSE OF THE AMENDMENT The purpose of the Official Plan Amendment is change the land use designation and amend Map 3 as well as to add a site specifc policy area and amend Map 5 to permit the development of the subject lands with a newmixed-use office and commercial development. The amendment comprises of the following changes: Map 3 is amended by changing the land use designation from General Insutrial Employment and from Low Rise Resdiential to Mixed Use, Map 5 is amended by adding Specific Policy Area 39, Adding Policy 15.D.12.39to Section 15.D.12to permit a maximum Floor Space Ratio of 4.2: o Specific Policy 15.D.12.39 amends one policyin the Mixed Use land use designation: Policy15.D.4.17.cis amended to permit a maximum Floor Space Ratio of 4.2. SECTION 3 BASIS OF THE AMENDMENT The subject lands are currently designated as General Industrial Employment and Low Rise Residential in the 2014 Official Plan. The current General Industrial land use designation from the 1994 plan was brought forward into the 2014 plan as General Industrial Employment. The Low Rise residential land use designation is also carried forward from the 1994 plan and permits a variety of low density residential uses and neighbourhood scaled compatible non-residential uses. The existing Secondary Plans were not reviewed as part of the 2014 Plan as station area planning exercises were contemplated for large portions of the Secondary Plan areas. While the subject lands are not within a Secondary Plan area, they were identified as a Major Transit Station Area Major Transit Station Area Intensification Areas are planned to accommodate growth through development to support existing and planned transit and rapid transit service levels, while preserving stable residential neighbourhoods which are not the primary focus for intensification. The subject applic Official Plans. The Official Plan for the City of Kitchener was adopted by Kitchener City Council on June 30, 2014 and approved by the Region of Waterloo on November 19, 2014.While some policies remain under appeal, including the Major Transit Station Area Intensification Area urban structure component and the General Industrial Employment and Mixed Use land use designations, the balance of the plan is now in force and effect, with an in effect date of September 23, 2015, being the date the appeal to the entire 2014 Official Plan was withdrawn. Where policies of the 2014 Official Plan were specifically appealed, those specific policies are not in effect. 3 2 - 23 Planning staff are recommending that the land use designation for the subject lands be amended to Mixed Use. However, the Mixed Use land use designation is under appeal in the 2014 Official Plan. Until such time as the new Mixed Use land use designation is fully implemented, the Mixed Use Node land use designation from the 1994 Official Plan would apply with the approval of Official Plan For lands designated as Mixed Use, permitted non-residential uses include compatible commercial uses such as, but not limited to, retail, commercial entertainment, restaurants, financial establishments, personal services, office, health-related uses such as health offices and health clinics and institutional uses such as daycare facilities, religious institutions, and educational establishments but not including elementary schools, social service establishment, and studio and artisan-related uses. As the Mixed Use land use designation from the 2014 Official Plan is under appeal, with approval of policies from the 1994 Official Plan would apply to the subject property. The Mixed Use Node land designation is also appropriate for the subject lands. The policies are quite similar to the Mixed Use land use designation policies in the 2014 Plan. Lands designated as Mixed Use Node are planned to be developed with intensive, transit supportive development in a compact form. The Floor Space Ratio for all new residential or mixed use building developments with the Major Transit Station Area shall be a minimum of 0.6 and a maximum 4.0. Area Specific/Site Specific Policy Area 39 is proposed to permit a total FSR of 4.2. Site specific zoning regulations and well as a Council-adopted proponent prepared Urban Design Breif will ensure that the ultimate development is compatible with the surrounding community. Section 13.C.3.12 of the 2014 Plan provides direction for development applications in advance of the full implementation of Amendment will permit the development of the subject lands with a mixed-use development that is in a compact form with uses that are transit supportive. The proposed development is located within walking distance to the future multi-modal transit hub at King and Victoria Streets, the planned intensification corrid The Official Plan Amendment and Zone Change applications have been reviewed in consultation with the Council-adopted Planning Around Rapid Transit Station Areas (PARTS) Central Plan. While the proposed land use designation differs from the Central PARTS Preferred Plan, the concept of locating employment uses in a compact form that is buffered from the low rise residential neighbourhood is largely achieved with the proposed site specific permitted uses and set back regulations. The 2014 Plan permits the conversion of employment lands to other non-industrial employment uses. Policy 15.D.12.22 permits lands to convert to other non-industrial employment uses or non- employment uses without the requirement for a municipal comprehensive review provided the proposal is in accordance with the Transit-Oriented Development Policies in the Section 13.C.3. Since the approval of the 2014 Official Plan, new policies came into effect in the 2017 update to the Growth Plan for the Greater Golden Horseshoe which requires a Municipal Comprehensive Review to be completed by the Region of Waterloo to permit the conversion of employment lands to other non-industrial employment uses. In 2010, as part of the Official Plan review, the City undertook the Comprehensive Review of Employment Lands study (CREL). The purpose of the study was to employment lands (industrial lands) to ensure that the City has sufficient lands to meet long term industrial employment needs, to protect prime industrial employment lands and to identify industrial employment lands that are suitable for conversion to other employment uses and non-employment uses. The study recommended that lands identified within the Urban Growth Centre and Major Transit Station Areas were not required to be retained for employment uses for the purposes of 4 2 - 24 accommodating the employment projections. As a result, planning applications for employment lands conversions could be considered and processed in these specific areas, provided that each application demonstrate how the proposed development will meet the objectives of any Provincial or Regional policies associated with such areas.The proposed development is in accordance with the Transit-Oriented Development Policies in the Section 13.C.3 of the Official Plan as it will facilitate a development that promotes a walkable and transit-suportive employment use. The development concept is compact and within walking distance of the King and Victoria Street multi-modal transit station. The proposed building, streetscapes, and publically accessible parkette will be support a high quality public realm which will enhance the identity of the area and create a gathering point for social interaction. The proposed development supports various transportation modes including walking and cycling. Planning staff is of the opinion that the applications comply with the Kitchner Growth Management Strategy as it allows for the appropriate intensification of the subject property which better utilizes the existing and planned infrastructure with development at a transit-supportive density. The applications align with Provincial, Regional, and City policies and will contribute to and support the newly constructed ION rapid transit system. Planning staff is of the opinion that the applications conform to the Growth Plan. The development of the subject lands with a mix of uses at a density that will support the rapid transit system. Planning staff is of the opinion that the proposed applications are consistent with the PPS as they will facilitate the development of the subject property with a compact mixed-use development that is located within walking distance to the future multi-modal transit hub at King and Victoria Streets, the proposed development will provide additional employment opportunities and will better utilizes lands that are currently be used for surface parking. Planning staff is of the opinion that the applications conform to the Regional Official Plan. Within the Urban Growth Centres, Major Transit Station Areas, Reurbanization Corridors, Major Local Nodes and Urban Designated Greenfield Areas. In general, these areas will be planned to create a more compact urban form with a greater mix of employment, housing and services in close proximity to each other. The applicant has also applied for a Zone Change to change the zoning the lands from Residential Five (R-5) with Special Use Provision 129U & 411U and Industrial Residential Zone (M-1) to High Intensity Mixed Use Corridor (MU-3) with Special Regulation Provisions 716R, 717R, & 718R and Special Use Provision 465U. Special Use Provision 465U prohibits certain non-employment commercial type uses that are more appropriate for a mixed use corridor, providing further direction for innovation employment type uses. Special Regulation Provisions 716R, 717R, and 718R define the location of the front yard along Breithaupt Street as well as podium and tower setbacks, stepbacks, and heights along Wellington Street. Regulations on site specific vehicle and bicycle parking standards, maximum FSR, and building height are also further regulated. 5 2 - 25 SECTION 4 THE AMENDMENT 1. The City of Kitchener Official Plan is hereby amended as follows: a) Part D, Section 15.D.12 is amended by adding Site Specific Policy Area 15.D.12.39 as follows: 15.D.12.39. Breithaupt Block Phase 3 Notwithstanding the Mixed Use land use designation and policies, on the lands municipally known as 43, 47, 53 and 55 Wellington Street North, 2-12 and 26 Moore Avenue, and 20 Breithaupt street, a maximum Floor Space Ratio of 4.2 will be permitted. b) Amend Map No. 3 Land Use by: i)General Industrial EmploymentandLow Rise Residential,as shown on the attached Schedule c) Amend Map No. 5 Specific Policy Areas by: i) Adding Specific Policy Area 39to the subject lands as shown on the attached 6 2 - 26 APPENDIX 1 Notice of the Meeting of Planning and Strategic Initiatives Committee of April 9, 2018 Advertised in The Record March 16, 2018 PROPERTY OWNERS AND INTERESTED PARTIES ARE INVITED TO ATTEND A PUBLIC MEETING TO DISCUSS A PROPOSED OFFICIAL PLAN AMENDMENT AND AMENDMENTS TO THE KITCHENER ZONING BY-LAW UNDER SECTIONS 17, 22 AND 34 OF THE PLANNING ACT Breithaupt Block Phase 3 The City of Kitchener has received an application for an Official Plan Amendment for the lands shown above to change the land use designation from General Industrial Employment and Low Rise Residential to Mixed Use with Special Policy Area 39 to permit a maximum Floor Space Ratio (FSR) of 4.2. The City has also received a Zone Change Application to change the zoning from Residential Five (R-5) with Special Use Provisions 128U & 411U and Industrial Residential Zone (M-1) to High Intensity Mixed Use Corridor (MU-3)with Special Use and Special Regulation Provisions to permit anew 12 storey office and commercial development. The public meeting will be held by the Planning & Strategic Initiatives Committee, a Committee of Council which deals with planning matters, on: MONDAY, APRIL 9, 2018 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 opposition to, the above noted proposals. 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 these proposals, the person or public body is not entitled to appeal the decision. ADDITIONAL INFORMATION is available by contacting the staff person noted below, viewing the staff report which will be available approximately 10 days before the meeting (https://calendar.kitchener.ca/council - click on the meeting date th in the calendar, scroll down & select meeting), 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). Garett Stevenson, Planner - 519-741-2200 ext.7070 (TTY: 1-866-969-9994); garett.stevenson @kitchener.ca 2 - 27 APPENDIX 2 Minutes of the Meeting of Planning and Strategic Initiatives Committee April 9, 2018 8 2 - 28 APPENDIX 3 Minutes of the Meeting of City Council April 15, 2018 9 2 - 29 .mxd FILE: OP17005WGS_SchA Low Rise ResidentialMixed UseGeneral Industrial EmploymentOpen SpaceRefer to Secondary Plan For DetailUrban Growth Centre (Downtown)Refer to Map 4Area of AmendmentFrom Low Rise ResidentialTo Mixed UseArea of AmendmentFrom General Industrial EmploymentTo Mixed Use 2 1 ¬« ¬« Legend W T S City of Kitchener R E B E W COMMUNITY SERVICES DEPARTMENT, PLANNING W T W S T S E S K U DE T L S R T A P H U C REVISED: A H T I E 250 R S B S A I R O T C I V METRES 2 W !( 1:6,000 T S 1 !( G N I 0 DATE: MARCH 7, 2018 K SCALE E V A E R O O M SCHEDULE 'A' AND DANIEL PAUL TAYLOR T S 26 MOORE AVE; 20 BREITHAUPT ST K ONTARIO LIMITED, FREDERICK ANDREW R A P APPLICANT: BREITHAUPT BLOCK INC., 2184647 43, 47, 53 AND 55 WELLINGTON ST N; 2-12 AND DOBSON, PAUL RAYMOND TAYLOR, KIM TAYLOR, 2 - 30 .mxd FILE: OP17005WGS_SchB KKKKKKKKKKKK KKKKKKKKKKKK City of Kitchener W N W COMMUNITY SERVICES DEPARTMENT, PLANNING T T T S S S S A I G E N RL N I T R O K ST A C REVISED: H NI C V O T G 250 N S I T L S L A E I R W O T METRES C I 1:8,000 V 0 DATE: MARCH 7, 2018 SCALE SCHEDULE 'B' AND DANIEL PAUL TAYLOR 26 MOORE AVE; 20 BREITHAUPT ST ONTARIO LIMITED, FREDERICK ANDREW APPLICANT: BREITHAUPT BLOCK INC., 2184647 43, 47, 53 AND 55 WELLINGTON ST N; 2-12 AND DOBSON, PAUL RAYMOND TAYLOR, KIM TAYLOR, 2 - 31 CSD-18-051 Appendix B PROPOSED BY LAW March 7,2018 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 - Breithaupt Block Inc., 2184647 Ontario Limited, Frederick Andrew Dobson, Paul Raymond Taylor, Kim Taylor, Daniel Paul Taylor Breithaupt Block Phase 3) WHEREAS it is deemed expedient to amend By-law 85-1 for the lands specified above; NOW THEREFORE the Council of the Corporation of the City of Kitchener enacts as follows: 1. Schedule Numbers 74 and 84 o-law Number 85-1are 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 Residential Five Zone (R-5) with Special Use Provision 129U to High Intensity Mixed Use Corridor Zone (MU-3) with Special Use Provision 465U and Special Regulation Provisions 716R and 717R. 2. Schedule Numbers 74 and 84 -law Number 85-1are 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 Residential Five Zone (R-5) with Special Use Provision 411U to High Intensity Mixed Use Corridor Zone (MU-3) with Special Use Provision 465U and Special Regulation Provisions 716R and 717R. 3. Schedule Numbers 74 and 84 -law Number 85-1are hereby amended by changing the zoning applicable to the parcel of land specified and illustrated as Area 3 on Map No. 1, in the City of Kitchener, attached hereto, from Industrial Residential Zone (M-1) to High Intensity Mixed Use Corridor Zone(MU-3) with Special Use Provision 465U and Special Regulation Provisions 716R and 717R. 4. Schedule Numbers 74 and 84 -law Number 85-1are hereby amended by changing the zoning applicable to the parcel of land specified and illustrated as Area 4 on Map No. 1, in the City of Kitchener, attached hereto, from Industrial Residential Zone (M-1) to 2 - 32 High Intensity Mixed Use Corridor Zone(MU-3) with Special Use Provision 465U and Special Regulation Provisions 716R and 718R. 5. Schedule Numbers 74 and 84 -law Number 85-1are hereby further amended by incorporating additional zone boundaries as shown on Map No. 1 attached hereto. 6.-law 85-1 is hereby amended by adding Section 465 thereto as follows: 465. Notwithstanding Section 55.1 of this By-law, within the lands zoned MU-3 as shown on Schedules 74 and 84 s affected by this section, the following uses are prohibited; Commercial Entertainment Conference or Convention Facility Duplex Dwelling Dwelling Unit Home Business Hospice Hotel Lodging House Multiple Dwelling Museum Private Club or Lodge Religious Institution Residential Care Facility Single Detached Dwelling Street Townhouse Dwelling Tourist Home 7. -law 85-1 is hereby amended by adding Section 416 thereto as follows: 416. Notwithstanding Sections 6.1.2a), 6.1.2b), 6.1.2d), and 55.2 of this By-law, within the lands zoned High Intensity Mixed Use Corridor Zone (MU-3), shown as affected by this subsection, on Schedules74 and 84 of A,a mixed-use development shall be permitted in accordance with the following: 2 - 33 a. The required off-street parking for all uses shall be 1 parking space per 93 space metres of gross floor area. b. A minimum of 1 bicycle parking space, which is either in a building or structure or within a secure area such as a supervised parking lot or enclosure with a secure entrance or within a bicycle locker, per 333 square metres of gross floor area of all uses shall be provided. c. A minimum of 1bicycle parking space, which is located in accessible and highly visible locations near the entrance of a building and are accessible to the general public, per 500 square metres of gross floor area of all uses shall be provided. d. The front yard shall be the lot line abutting Breithaupt Street. e. The maximum Floor Space Ratio shall be 4.2. 8. -law 85-1 is hereby amended by adding Section 417 thereto as follows: 417. Notwithstanding Sections 55.2 of this By-law, within the lands zoned High Intensity Mixed Use Corridor Zone (MU-3), shown as affected by this subsection, on Schedules 74 and 84 -use development shall be permitted in accordance with the following: a. The rear yard shall be lot line abutting Wellington Street North. i. The minimum rear yard abutting a street along Wellington Street North for any portion of a building with a height less than 21.0 metres shall be 15.0 metres. ii. The minimum rear yard abutting a street along Wellington Street North for any portion of a building with a height greater than 21.0 metres shall be 31.5 metres. b. The maximum building height is 60 metres and 12 storeys. 2 - 34 9. -law 85-1 is hereby amended by adding Section 718 thereto as follows: 18. Notwithstanding Sections 55.2 of this By-law, within the lands zoned High Intensity Mixed Use Corridor Zone (MU-3), shown as affected by this subsection, on Schedules 74 and 84 -use development shall be permitted in accordance with the following: a. The maximum building height is 18 metres. 10. This By-law shall come into effect only upon approval by the Minister of Municipal Affairs and Housing, or his/her delegate, of Official Plan Amendment No. ##,Breithaupt Block Phase 3,but upon such approval, the provisions hereof affecting such lands shall be deemed to have come into force on the date of passing hereof. PASSED at the Council Chambers in the City of Kitchener this ______day of ___________,2018 _____________________________ Mayor _____________________________ Clerk 2 - 35 4 5 7 8 R 1- 6 5 3 9 1 3 4 6 3 N 2 921 A 150 P RA L 31 T 1 21 - P2 R 7 G 8 T5 E 3 R 6 P E RA C 1 T R T G 7 P RA G R P 2 T 3 1 L 11 A A APTT 5 TR 3 RR 56 P N AA PP N P 6 RA 113 4 T 4 7 2 3 A4 P RA T 25 T 8 T 1 6L R TP T RA 1 6T R A O R 7P P A 3 RAP A1 TRA P P 757 T 3L P P RAAP 1TTR G 84AP8 TR1 F 2 4 1 9 N PT 1 RA E 9 T R 5 O A T R A 0 T P L R N 5 RA AP P TR 5 1 AP P0 15 RA A T 8 89 1 P AP R TR L 1 4 1P 7RAAP G- TTR 8 999 7 AP 3 T TR P 4 1APP 4 6TRRA 4E7 01 T 069 0 R 9 5 AP TRP 41 RAP 6RL 5 1TRA A 1 10 TT 59 2P 5 RA 8 2R P 1 TR 244APPAP 2 A TRRATR 7E 0 1 T1 A 4 2490- P G TRAP R 1T 8 1P 34APPAP TRRATR 5 I R0 1 T1 P 3391 P ARA 3L 1T 6 24APAP PTRTR 9AC 01 1 42 7N 7I 4 1PAP 4 RAAPTR 3 6 TTR1 25133 3 371 10 N T 1 64 RAP TAAPAPTR 8 PTRTR1 3 24 2 29 R 4 U P- N 0PRA 8 ARAAP T R P TTR51 8 2RA33 2 P T8 5 29 AM T PP TRAAPRA APP TTR T TRRA432 61 0 1 T7 L R RAP519 TR 41 AP 3 7APAPTR AAPPTRTR1 A TRRA 32 7 AP01 T56 P PTR609 4 1 1 P 6APAP TRAPTR AP 3TR 1 TRAP62 8 P0 1TR5 3 RA78 1T9 54PAP G RAAPTR P TTR1 58R-15420 6 RAAP73 29 P 1TTR4 RA808 1T8 44AP E TRAP 2 PP3 TR PRARA8 2 6 RA1 T T3 1 TAP9078 14TR 41 P R 3RAAP 1 AP TTR PTRAP93 2 RAP1 1TR2 1 TRA08 04 1T6 24APP 3 TRRA AP 4 T STRATIFIED PLAN TRAP012 AP11 TR TR1 8 3 15 8 9APP 5 TRRA 2 PP4 T 46 2 RARA102-6 1T T 2 AP2148 R3 TR 1 0 31 AP 8- 2 8PTRAP RAP 6TR 5R 1 TRA3 5 8 P31 T0 8 RA38 5 1 T 1 73P 1 RAP APP TRA TRRA26 T5 1 11 T94 AP4286 1 TR4 T 3 1AP TT 6TRAP 2 APP6 TRR 5 TRRA1 4A R 11 T8PR P5186 RAP 1 TPRA 2 53PRA TA A6 RAP T74APAP 1 1TRA06TRTRT 61 T 44 P P0845 P0 9 RA 1 TPR 43PRA RAAP T 1TTR95A 717 2 P9 RAAPP 1 TPTR 4 33PRA4 AP RAP T3TR 1TRA854 6 81 T2 87P 7 APRA TR T 3 1PAP65 2 2RATRAP T5 TR 7775 3 5 P5 8RA 1 T 13 1AP TR 1 7 6PP APRARA TTR9 T T N 3 114525 3 0 1APPP 1 RTTRRARA 7 7 T T R53515 PA 1 ARAPP A 1T0RAP 1 P922 TRA 1 147 T T37 AP4 L APRTR 6 TRA51 2 21 P5 8PT RA T 27AP P 1TRPR 27 RA 11 1T T45 6 2 RAPA ATR P7 0P 1 P7 RA T T G 96P RAT TP 86RA R T AP76R 23TR E AP22 6 A TR 1 16 51 TTA 2RR AAAP PPTRP 6 P 6 R 5AP TR8 6 4 8 P RAT 1 T 35 5 1 2R 1 T 60 7RA R S A 8 AP4P 1TR2P 2 1 1 1 7 7T E 1 1 R 1 E TPA RAP 1 T G7 2 T 62- R N AP R RA 1T P15 R P A6 A 6S8 L2 P 3 L A 7 T 5 E N R 3 6 D A N 1 3 P T 7 NAN R 5 LA A A 5 P 9 L 1S 1 D P 5 8 2 T 1 N T 6 E GA R 3 A E E P S R4 R 7 T 3 T N E A R SL E P E G 1 38 G RE R T1 5 2T 9P R 11 1 4 T L S AR A P6A P T 4 45 0N 4 2 - O R 3 83 S 5 LT 2 7 2R 1T T5 E 3 3 E R 6 O T A 5 6 S P A L 8 RP A R T T N 4 - 7D 52 R0 9 6 0 1L A8 1 0- A P 2 R N 5 8 TT R RR 56 E AA PP E S 5 2 G 1 P L A 0 1 N7 8 T 57 6 3 1 7-6 R 4 R 8 A 5 P 3 T 5 R1 2 A T T 1 P R 0 R A 1 AP4 4 8 2 P 1 T - R R A 8 5 P 0 9 1 1 21 1 4 5 6T T 8 S 4T 4 9 3 R R 1R 8 4 -A E3 2R A7A P 1 R- P1P 1N 8- ER 8 3 5 2 R 5 SA G 1 8 33 T L 5 R E 1A P P 6N T D L R 7 3 A N A A 3 L T44 P A 3 N R1 T 1 A N D T R5 P S T R6 4 A A 1 T NT R8 PA 2 T R L1 A7 P AR T E R 0 PA 2 P T R PA E E2 R P S A 1PA G GTR P T T EE R P 1 RS A E L P R A T N 0 2 1 S T 1 R 8A 3 P 8 2 7 2 8 4 1 - R 8 5 0 2 4 2 98 1 T 0 0 TR N 7 RA 2 6 AP 6 A P 0 1 L - 7 P R 6 6 8 1 3 -5 9 G R 8 8 1 E - 5 R R A 8 5 8 1 6 0 T R T 2 A P R 58R-16455 A 1 R P T E G R A 8 P 1 P B L 4 2 T A R 4T A P N 5 3 T R R 3 A P 1 A 7 - 6 P R 7 8 3 T 07 R 5 A P 2 83 1 6 0 22 2 R 2 E T G R N A P P L A9 A3 N L 0 3 57 P 8 6 7 5 R T R A -P 50 G 9 8 2 8 E R 7 1 R 0 E 2 0 72 1 G - 9 1 R 8 5 P a L e A 4 r N 01 38 ELUDEHCS 1 2 48 ELUDEHCS 1 8 A TT 2 R 4 AR P A 8 P 2 6 0 5 7 01 2 7 4 1 SCHEDULE 74 -- SCHEDULE 75 R 1 8 R 5 2 2 8 7 5 1 8 T 6 3 6R 5 1 0A 3 -3 9 P2 R1 6 - 8 5R 8 5 C 1 2 4 2 T 5 R A P 2 T R 1 A P 5 2 4 1 R 1 2 E G 56 2 P 82 L3 A- N2 R P 3 A 7 R 687 T 1 5 7 3 1 7 N2 2 A 7 L 93 3P2 5 R 7 E1 G- G P LRT E A 82 N RC 2 51 8 3G 5 PART 1 6 6 6 T R 1 A P 4T 1 42 O 2 6L 0 7 5 RF 8 6 E1 G 2 40O R P2 -1 L8 1 A5E -8 RN N8 R R 8 3G -8A 5 771 62 5 L 6 59 5 4 P T P R 2 A L R P L EA G 8A 1 N P L6P A I N 4 7 3C 72 I 3 6 0 4 49N 5 3 - U N6R 8 5 2M A L 9 P) 6 D G 6 E E5 3 7S 1 T R R 7 A 4O P -3 L 7 R 2C N 8( A 5 0 L 7 P G T 1 AR P E ) R T 8D E E 2E S 0R PART 4 2 TO 74 1 L NS 2 7 07AC T Y( R 9L A 3 P 3 P E 3 - GL R E N 7 8S R 5 T E R A A P CW 7 L 0 9 9 7 P 1 - 2 R 8 G 6 5 7 E 2 3 R 7 P N A 5 6 R T 8 2 R 0 A- 1 1 5 3 0 L 6 4 P- 0 P A R T 1 3 R 3PART 13 G 7 8 T PART 12 E3 5 R R A1 1 P 6T R A T P R A P 8 7 T R 1 2 A P 0 3 2 PART 5 8 1 7- N 7R 08 A 5 9 1 7 L - R 9 P 8 53 G 3 4 -1 E 2 9 T R5 R T 7 3 R R 8 A 4 P A 5 1 P 1 1 3 - 4 R T 7 8N 8 3 PART 16 C 5 5A 0 T 4L1G 2R A 4 2 T P -P 6 R 8 71 2L A R9 1 3 P - 833A - T R 58P R 5I 5O 8 L 7C 5 I F PART 15 N O 1U 1 T R 2 M A 7 9 TP 7 1 R T A 73 T R P A 5 P R 2 33 A7 P T 2 8N T R 6 R 8 A P A 7 6 1 A 1 L -T P R A P P R 3 8 3 7 G 2 - 5 R 8 E 5 4 R 3 76 73 2 - 36 CSD-18-051 Appendix C THE BREITHAUPT BLOCK PHASE III 20-24 BREITHAUPT STREET, 2 AND 12 MOORE AVENUE, 43 47, 53 & 55 WELLINGTON STREET, CITY OF KITCHENER PREPARED BY: MHBC PLANNING (with additional graphics provided by Martin Simmons) REVISED FEBRUARY 2018 2 - 37 CSD-18-051 Appendix C 2 - 38 CSD-18-051 Appendix C 2 - 39 CSD-18-051 Appendix C 2 - 40 CSD-18-051 Appendix C 2 - 41 CSD-18-051 Appendix C 2 - 42 CSD-18-051 Appendix C 2 - 43 CSD-18-051 Appendix C 2 - 44 2 - 45 2 - 46 CSD-18-051 Appendix C 2 - 47 CSD-18-051 Appendix C 2 - 48 CSD-18-051 Appendix C 2 - 49 CSD-18-051 Appendix C 2 - 50 CSD-18-051 Appendix C 2 - 51 CSD-18-051 Appendix C 2 - 52 CSD-18-051 Appendix C 2 - 53 CSD-18-051 Appendix C 2 - 54 CSD-18-051 Appendix C 2 - 55 CSD-18-051 Appendix C 2 - 56 CSD-18-051 Appendix C 2 - 57 CSD-18-051 Appendix C 2 - 58 CSD-18-051 Appendix C 2 - 59 CSD-18-051 Appendix C 2 - 60 CSD-18-051 Appendix C 2 - 61 CSD-18-051 Appendix C 2 - 62 CSD-18-051 Appendix C 2 - 63 CSD-18-051 Appendix C 2 - 64 CSD-18-051 Appendix C 2 - 65 CSD-18-051 Appendix C 2 - 66 CSD-18-051 Appendix C 1 3 2 4 5 7 6 2 - 67 CSD-18-051 Appendix C 5 6 PHASE II 8 9 9 8 2 - 68 CSD-18-051 Appendix C 2 - 69 CSD-18-051 Appendix C 2 - 70 CSD-18-051 Appendix C 2 - 71 CSD-18-051 Appendix C 2 - 72 CSD-18-051 Appendix C 2 - 73 CSD-18-051 Appendix C 2 - 74 CSD-18-051 Appendix C 2 - 75 CSD-18-051 Appendix C 2 - 76 CSD-18-051 Appendix C 2 - 77 CSD-18-051 Appendix C 2 - 78 CSD-18-051 Appendix C 2 - 79 CSD-18-051 Appendix C 2 - 80 CSD-18-051 Appendix C 2 - 81 CSD-18-051 Appendix C 12 storey tower 4 storey 5 storey podium parking structure parkette 2 - 82 CSD-18-051 Appendix C 2 - 83 CSD-18-051 Appendix C 2 - 84 2 - 85 2 - 86 2 - 87 2 - 88 2 - 89 2 - 90 January 29, 20180709C N.T.SNZ w Outline K:\\0709C- Breithaupt Block\\Shadow Analysis\\Shadow Study\\Report Figure Template.dwg Spring Shadows - March 21 Breithaupt Block Ph. 3City of KitchenerRegional Municipality of Waterloo Shadow Study SCALE:JOB: DATE:DRN: LEGEND Shado t S o o l r e t a W t S t p u a h t i e r B t s e W e v t A e e r o e o r M t S g N n t i S K n o t g n i l l e W 10:00am 2 - 91 January 29, 20180709C N.T.SNZ w Outline K:\\0709C- Breithaupt Block\\Shadow Analysis\\Shadow Study\\Report Figure Template.dwg Shadow Study Spring Shadows - March 21 Breithaupt Block Ph. 3City of KitchenerRegional Municipality of Waterloo SCALE:JOB: Shado DATE:DRN: LEGEND t S o o l r e t a Wt S t p u a h t i e r B t s e W e v t A e e r o e o r M t S g N n t i S K n o t g n i l l e W 12:00pm 2 - 92 CSD-18-051Appendix C January 29, 20180709C N.T.SNZ w Outline K:\\0709C- Breithaupt Block\\Shadow Analysis\\Shadow Study\\Report Figure Template.dwg Spring Shadows - March 21 Breithaupt Block Ph. 3City of KitchenerRegional Municipality of Waterloo Shadow Study SCALE:JOB: DATE:DRN: LEGEND Shado t S o o l r e t a W t S t p u a h t i e r B t s e W e v t A e e r o e o r M t S g N n t i S K n o t g n i l l e W m 2:00p 2 - 93 CSD-18-051Appendix C January 29, 20180709C N.T.SNZ w Outline K:\\0709C- Breithaupt Block\\Shadow Analysis\\Shadow Study\\Report Figure Template.dwg Shado Shadow Study Spring Shadows - March 21 Breithaupt Block Ph. 3City of KitchenerRegional Municipality of Waterloo SCALE:JOB: DATE:DRN: LEGEND t S o o l r e t a Wt S t p u a h t i e r B t s e W e v t A e e r o e o r M t S g N n t i S K n o t g n i l l e W m 4:00p 2 - 94 CSD-18-051Appendix C January 29, 20180709C N.T.SNZ w Outline K:\\0709C- Breithaupt Block\\Shadow Analysis\\Shadow Study\\Report Figure Template.dwg Spring Shadows - March 21 Breithaupt Block Ph. 3City of KitchenerRegional Municipality of Waterloo Shadow Study SCALE:JOB: DATE:DRN: LEGEND Shado t S o o l r e t a W t S t p u a h t i e r B t s e W e v t A e e r o e o r M t S g N n t i S K n o t g n i l l e W m 6:00p 2 - 95 CSD-18-051Appendix C January 29, 20180709C N.T.SNZ w Outline K:\\0709C- Breithaupt Block\\Shadow Analysis\\Shadow Study\\Report Figure Template.dwg Shadow Study SCALE:JOB: DATE:DRN: Summer Shadows - June 21 Breithaupt Block Ph. 3City of KitchenerRegional Municipality of Waterloo LEGEND Shado t S o o l r e t a W t S t p u a h t i e r B t s e e vW A t e r e o o e M r t S g n i N K t S n o t g n i l l e W m 10:00a 2 - 96 CSD-18-051Appendix C January 29, 20180709C N.T.SNZ w Outline K:\\0709C- Breithaupt Block\\Shadow Analysis\\Shadow Study\\Report Figure Template.dwg Shadow Study Summer Shadows - June 21 Breithaupt Block Ph. 3City of KitchenerRegional Municipality of Waterloo SCALE:JOB: Shado DATE:DRN: LEGEND t S o o l r e t a W t S t p u a h t i e r B t s e e W v A t e r e o o e M r t S g n i N K t S n o t g n i l l e W m 12:00p 2 - 97 CSD-18-051Appendix C January 29, 20180709C N.T.SNZ w Outline K:\\0709C- Breithaupt Block\\Shadow Analysis\\Shadow Study\\Report Figure Template.dwg Summer Shadows - June 21 Breithaupt Block Ph. 3City of KitchenerRegional Municipality of Waterloo Shadow Study SCALE:JOB: DATE:DRN: LEGEND Shado t S o o l r e t a W t S t p u a h t i e r B t s e e vW A t e r e o o e M r t S g n i N K t S n o t g n i l l e W m 2:00p 2 - 98 CSD-18-051Appendix C January 29, 20180709C N.T.SNZ w Outline K:\\0709C- Breithaupt Block\\Shadow Analysis\\Shadow Study\\Report Figure Template.dwg Shado Shadow Study Summer Shadows - June 21 Breithaupt Block Ph. 3City of KitchenerRegional Municipality of Waterloo SCALE:JOB: DATE:DRN: LEGEND t S o o l r e t a W t S t p u a h t i e r B t s e e W v A t e r e o o e M r t S g n i N K t S n o t g n i l l e W m 4:00p 2 - 99 CSD-18-051Appendix C January 29, 20180709C N.T.SNZ w Outline K:\\0709C- Breithaupt Block\\Shadow Analysis\\Shadow Study\\Report Figure Template.dwg Summer Shadows - June 21 Breithaupt Block Ph. 3City of KitchenerRegional Municipality of Waterloo Shadow Study SCALE:JOB: DATE:DRN: LEGEND Shado t S o o l r e t a W t S t p u a h t i e r B t s e e W v A t e r e o o e M r t S g n i N K t S n o t g n i l l e W m 6:00p 2 - 100 CSD-18-051Appendix C January 29, 20180709C N.T.SNZ w Outline K:\\0709C- Breithaupt Block\\Shadow Analysis\\Shadow Study\\Report Figure Template.dwg Autumn Shadows - Sept. 21 Breithaupt Block Ph. 3City of KitchenerRegional Municipality of Waterloo Shadow Study SCALE:JOB: DATE:DRN: LEGEND Shado t S o o l r e t a W t S t p u a h t i e r B t s e v e A e r W o o t M e e r t S g n N i t K S n o t g n i l l e W m 10:00a 2 - 101 CSD-18-051Appendix C ws - Sept. 21 January 29, 20180709C N.T.SNZ w Outline eithaupt Block Ph. 3 K:\\0709C- Breithaupt Block\\Shadow Analysis\\Shadow Study\\Report Figure Template.dwg Shadow Study BrCity of KitchenerRegional Municipality of Waterloo SCALE:JOB: Shado DATE:DRN: LEGEND Autumn Shado t S o o l r e t a W t S t p u a h t i e r B t s e v e A e r oW o t M e e r t S g n N i t K S n o t g n i l l e W m 12:00p 2 - 102 CSD-18-051Appendix C January 29, 20180709C N.T.SNZ w Outline K:\\0709C- Breithaupt Block\\Shadow Analysis\\Shadow Study\\Report Figure Template.dwg Breithaupt Block Ph. 3City of KitchenerRegional Municipality of Waterloo Autumn Shadows - Sept. 21 Shadow Study SCALE:JOB: DATE:DRN: LEGEND Shado t S o o l r e t a W t S t p u a h t i e r B t s e v e A e r W o o t M e e r t S g n N i t K S n o t g n i l l e W m 2:00p 2 - 103 CSD-18-051Appendix C January 29, 20180709C N.T.SNZ w Outline K:\\0709C- Breithaupt Block\\Shadow Analysis\\Shadow Study\\Report Figure Template.dwg Shado Shadow Study Autumn Shadows - Sept. 21 Breithaupt Block Ph. 3City of KitchenerRegional Municipality of Waterloo SCALE:JOB: DATE:DRN: LEGEND t S o o l r e t a W t S t p u a h t i e r B t s e v e A e r W o o t M e e r t S g n N i t K S n o t g n i l l e W m 4:00p 2 - 104 CSD-18-051Appendix C January 29, 20180709C N.T.SNZ w Outline K:\\0709C- Breithaupt Block\\Shadow Analysis\\Shadow Study\\Report Figure Template.dwg Breithaupt Block Ph. 3City of KitchenerRegional Municipality of Waterloo Autumn Shadows - Sept. 21 Shadow Study SCALE:JOB: DATE:DRN: LEGEND Shado t S o o l r e t a W t S t p u a h t i e r B t s e v e A e r W o o t M e e r t S g n N i t K S n o t g n i l l e W m 6:00p 2 - 105 CSD-18-051Appendix C January 29, 20180709C N.T.SNZ w Outline K:\\0709C- Breithaupt Block\\Shadow Analysis\\Shadow Study\\Report Figure Template.dwg Winter Shadows - December 21Breithaupt Block Ph. 3City of KitchenerRegional Municipality of Waterloo Shadow Study SCALE:JOB: DATE:DRN: LEGEND Shado t S o o l r e t a W t S t p u a h t i e r B t s e v e A e r W o o t M e e r t S g n N i t K S n o t g n i l l e W m 10:00a 2 - 106 CSD-18-051Appendix C January 29, 20180709C N.T.SNZ w Outline K:\\0709C- Breithaupt Block\\Shadow Analysis\\Shadow Study\\Report Figure Template.dwg Winter Shadows - December 21 Shadow Study Breithaupt Block Ph. 3City of KitchenerRegional Municipality of Waterloo SCALE:JOB: Shado DATE:DRN: LEGEND t S o o l r e t a W t S t p u a h t i e r B t s e v e A e r W o o t M e e r t S g n N i t K S n o t g n i l l e W m 12:00p 2 - 107 CSD-18-051Appendix C January 29, 20180709C N.T.SNZ w Outline K:\\0709C- Breithaupt Block\\Shadow Analysis\\Shadow Study\\Report Figure Template.dwg Breithaupt Block Ph. 3City of KitchenerRegional Municipality of Waterloo Winter Shadows - December 21 Shadow Study SCALE:JOB: DATE:DRN: LEGEND Shado t S o o l r e t a W t S t p u a h t i e r B t s e v e A e r W o o t M e e r t S g n N i t K S n o t g n i l l e W m 2:00p 2 - 108 2 - 109 2 - 110 Kitchener, ON August 25, 2017 Building Three The Breithaupt Block 2 - 111 2 - 112 2 - 113 2 - 114 2 - 115 2 - 116 CSD-18-051 Appendix C 2 - 117 CSD-18-051 Map of Proposed Lane Closure 2 - 118 2 - 119 2 - 120 2 - 121 2 - 122 2 - 123 2 - 124 2 - 125 2 - 126 2 - 127 2 - 128 2 - 129 2 - 130 2 - 131 2 - 132 2 - 133 2 - 134 2 - 135 2 - 136 2 - 137 2 - 138 2 - 139 2 - 140 2 - 141 2 - 142 2 - 143 2 - 144 2 - 145 2 - 146 2 - 147 2 - 148 2 - 149 2 - 150 2 - 151 2 - 152 2 - 153 2 - 154 2 - 155 2 - 156 2 - 157 2 - 158 2 - 159 2 - 160 2 - 161 2 - 162 2 - 163 2 - 164 2 - 165 2 - 166 CSD-18-051 Appendix G 2 - 167 M M W N W N o o t t S S o o a na n r o r o t t t et e g g e e n n i i l l l l r Ar A e e l l W o W o v v o o e e S S t t 5 5 3 5 t t S S t t p p u u a a h h t t i i e e r r B B K K i i n n g g S S t t W W LEGEND DATE: February, 2018 Additional Lands Subject Lands Acquired by Applicant h t r o SCALE: NTS n Additional lands acquired by applicant: FILE: 0709C DRAWN: GC K:\\0709C- BREITHAUPT BLOCK\\RPT\\LANDS ACQUIRED.DWG Breithaupt Block City of Kitchener Regional Municipality of Waterloo 2 - 168 REPORT TO: Planning & Strategic Initiatives Committee DATE OF MEETING: April 9, 2018 SUBMITTED BY: Justin Readman, Interim Executive Director - Infrastructure Services, 519-741-2200 ext. 7646 PREPARED BY: Justin Readman, Interim Executive Director - Infrastructure Services, 519-741-2200 ext. 7646 Brandon Sloan, Manager of Long Range and Policy Planning, 519-741-2200 ext. 7648 WARD(S) INVOLVED: All DATEOF REPORT: March 26, 2018 REPORT NO.: INS-18-024 SUBJECT:Long Term Community Greenhouse Gas Reduction Target ___________________________________________________________________________ RECOMMENDATION: That Council endorse a community greenhouse gas emission reduction target of 80% below 2010 levels by 2050. BACKGROUND: ClimateActionWR is a collaborative effort led by Sustainable Waterloo Region and REEP Green Solutions. The three cities (Kitchener, Cambridge and Waterloo) along with the Regional Municipality of Waterloo jointly fund ClimateActionWR to develop the Climate Action Plan for Waterloo Region as part of the Federation of Canadian Municipalities (FCM) Partners for Climate Protection (PCP) program. In 2013, the City Councils of Cambridge, Kitchener and Waterloo, as well as Regional Council, unanimously passed recommendations to endorse the Climate Action Plan and commit to a community Greenhouse Gas (GHG) reduction target of 6% below 2010 levels by 2020. On June 5, 2017 Kitchener Council received an update from ClimateActionWR titled Our Progress, Our Path, which showed that overall greenhouse gas emissions decreased in Waterloo Region by approximately 5% between 2010 and 2015. At this meeting Council also approved the recommendation for Kitchener to continue to participate as a collaborative partner in the upcoming engagement process to establish a long-term community greenhouse gas reduction target beyond 2020. This report *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. 3 - 1 outlines the findings of the community consultation and recommends a long-term community GHG emission reduction target. REPORT: Community consultation as well as scientific evidence suggests that a community greenhouse gas emissions reduction target of 80% below 2010 levels by 2050 is appropriate for the Waterloo Region. The City of Kitchener along with the cities of Cambridge and Waterloo, and the Region of Waterloo are collectively seeking council endorsement of this recommendation during April and May of 2018. This target aligns with the provincial government’s emissions reduction target of 80% below baseline levels by 2050. Additionally, the federal government has recently consulted on the possibility of a similar target. Alignment with provincial and federal targets will be important moving forward. There have already been federal and provincial funding competitions that reward or require meeting or exceeding provincial emissions reduction targets for 2050, such as the Municipal GHG challenge fund. For municipalities to remain competitive in future funding competitions, an ambitious target that matches senior-level targets is required. It is also important to consider Waterloo Region’s target in the context of other communities in Southern Ontario. Communities such as London, Durham, Peel, Hamilton, and Toronto have set 2050 targets, and all of them have chosen 80% as their reduction target (Table 1). Ontario Communities with 2050 Targets (Table 1) Municipality ProvinceReduction Target Durham Region ON 80% by 2050 HamiltonON 80% by 2050 LondonON 80% by 2050 Peel Region ON 80% by 2050 TorontoON 80% by 2050 The consistent alignment around this target is also backed by scientific evidence. The United Nations Environment Programme has found that global emissions must be net- zero by 2060-2080 to prevent global temperatures from rising more than 1.5 degrees Celsius. By setting the recommended 2050 target, the Waterloo Region will support emissions reductions that align with the global temperature threshold. It is important to note that an absolute target has been selected for each of the jurisdictions listed above, including Kitchener. This means that as the communities’ population and economic activity grows the total emissions will lower. 3 - 2 At first glance an absolute GHG reduction of 80% below 2010 levels by 2050 seems like a significant challenge; however, local emissions are expected to decline substantially on their own over the next several decades. This is due to changes that will happen at other levels, including: auto manufacturers increasing production of electric and hydrogen vehicles; carbon pricing in developed countries that will favour renewable energy; significant decreases in the cost of related energy technologies, like stationary batteries that can store energy from solar panels; and changes to the building code in Ontario and other provinces and US states, which are expected to require that all new buildings be net-zero by about 2030. It is expected that a majority of that 80% reduction will result from these kinds of macro- trends and external changes. From an economic standpoint the global clean tech sector is expected to triple in value between 2014 and 2020, reaching $3 trillion. Globally, renewable energy has attracted more investment than oil, gas and coal combined for five years in a row, and oil and gas companies are now investing in renewable energy to remain competitive. Yet Canada’s proportion of global clean tech sector has been shrinking. For Waterloo Region to prepare for this new decarbonizing global economy, it must get out ahead of these economic trends. Showing leadership with an ambitious long-term emissions reduction target will better position the local economy and community to benefit from a low-carbon future. Achieving an ambitious target will bring many additional benefits to the community. Policies and investments that support additional emissions reductions, in areas like local energy investment, transportation, and land use planning go well beyond the fight against climate change. Investment in local energy brings economic benefits and adds resiliency to our energy system. Reduced emissions improves air quality and health outcomes. Building more liveable, walkable communities improves quality of life for local citizens, and makes the community a more attractive location for businesses and the workers they need. The community will demonstrate leadership by pursuing an ambitious target and help businesses and people see Waterloo Region as a place that’s ready for the future. At the same time, the region would be doing its part locally to solve the global problem of climate change. Following council endorsement of the target ClimateActionWR and local municipalities will be following a backcasting approach to meet the target.This approach begins with identifying a goal and is followed by a series of shorter-term plans that work toward achieving that goal, similar to the Corporate Climate Action Plan (CorCAP) process. Next steps will include a process to design the next Climate Action Plan. This will build on the work included within the Community Energy Investment Strategy, which identifies the impact of a number of energy and emission actions to the year 2041. The process will also further engage local stakeholders to achieve community ownership of the plan 3 - 3 and its implementation. Staff will report back to council on the progress as collaborative work between the partners continues. 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 and is related to Strategic Priority #4 – Sustainable Environment and Infrastructure. FINANCIAL IMPLICATIONS: The Cities of Kitchener, Cambridge, Waterloo and the Regional Municipality of Waterloo provide equal contributions toward ClimateActionWR’s annual budget of approximately $100,000. This funding and support has been secured until July 2021 through collaborative agreements between the municipalities and ClimateActionWR to provide stability for the implementation of the Community Climate Action Plan. COMMUNITY ENGAGEMENT: INFORM – This report has been posted to the City’s website with the agenda in advance of the council / committee meeting. CONSULT – Nationally, a recent representative Abacus survey found the vast majority of voters believe action must be taken on climate change. Locally, statistically representative polling of Waterloo Region residents conducted in 2017 found that 89% of people said climate change was “a significant issue.” ClimateActionWR’s public consultations in 2017 and early 2018 showed strong support for an ambitious long-term target. Between July and November 2017, ClimateActionWR heard from more than 1800 people across Waterloo Region. When asked, 85% of people chose a 2050 target of 50% or more, and a majority of 53% chose a target of 70% or more. People in Waterloo Region want to take action on climate change. ClimateActionWR attended Kitchener Cycling and Trails Advisory Committee on thth January 9, 2018, Kitchener Environmental Committee on January 18, 2018 and st Kitchener Safe and Healthy Community Advisory Committee on February 1, 2018. Each committee was supportive of setting an aggressive target. The Environmental Committee also passed the following recommendation: That the community greenhouse gas emission reduction target be set no less than 80% below 2010 levels by 2050. COLLABORATE – ClimateActionWR facilitates three volunteer committees made up of local residents and representatives of partner organizations. These committees meet monthly to support community action within the focus areas of: transportation, 3 - 4 workplaces and homes. The development of a community GHG reduction target was developed through a collaborative effort. PREVIOUS CONSIDERATION OF THIS MATTER: CSD-13-108 (October 30, 2013) – Community Climate Action Plan and Corporate Greenhouse Gas Reduction Initiative CSD-17-046 (May 29, 2017) - Community Climate Action Plan Progress Report CSD-18-004 (February 5, 2018) - Community Energy Investment Strategy for Waterloo Region ACKNOWLEDGED BY: Justin Readman, Interim Executive Director – Infrastructure Services 3 - 5 REPORT TO: Planning & Strategic Initiatives Committee DATE OF MEETING: April 9, 2018 SUBMITTED BY: Alain Pinard, Director of Planning, 519-741-2200 ext. 7319 PREPARED BY: Alain Pinard, Director of Planning, 519-741-2200 ext. 7319 WARD(S) INVOLVED: City Wide DATE OF REPORT: March 7, 2018 REPORT NO.: CSD-18-015 SUBJECT: IMPLICATIONS OF OBTAINING APPROVAL AUTHORITY FOR ______________________________________________________________________ RECOMMENDATION: For Information BACKGROUND: This report is in follow up to report CSD-16-053 which recommended pursuing approval to report back on the feasibility and implications. REPORT: The changes to the process would be relatively minor. Currently, once official plan amendments are adopted by Kitchener City Council they are forwarded to the Region for approval. The Region issues notices of decision and processes tribunal appeals. Regional approvals are often issued promptly but they can take up to 180 days. The Region can also request modifications which may require the consent of Kitchener City Council which can add time to the approval process. If the City of Kitchener were delegated approval authority, Legislative Services staff would issue notices of decision and process tribunal appeals. In many respects the process would be similar to the processing of zoning by-law amendments. Legislative Services staff advise that work levels would be about the same. The workload associated with issuing notices of decision and processing appeals would replace the work associated with preparing and submitting official plan amendment packages to the Region of Waterloo, and coordinating the communication on Regional decisions. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. IF1 - 1 in any material way. As with all processes changes, should the City of Kitchener obtain this approval authority, staff from both divisions would monitor workload impacts and report any issues. The largest beneficiaries would be applicants who would deal with fewer approval bodies and have more opportunity to coordinate the timing of multiple development approvals. The biggest hurdle remains that the relevant regulation under the Planning Act (O. Reg.699/98) does not give the Region of Waterloo the authority to delegate this approval authority. The Region remains committed to engaging the Province along with area municipalities in order to explore the opportunity to have this regulation amended. It is anticipated that the process to change the regulation would take some time given agenda. Council will be advised of any progress. ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN: This initiative supports delivery of Effective and Efficient City Services, especially priority 5.2 which is excerpted below: Improve the design and delivery of city services so that they provide what citizens want in the most reliable, convenient and cost-efficient way. FINANCIAL IMPLICATIONS: This initiative is expected to be cost/revenue neutral to the municipality. Customers doing business with the City are expected to realise efficiencies from the streamlined approval process. COMMUNITY ENGAGEMENT: INFORM advance of the council / committee meeting. CONSULT The Legislative Services Division was consulted regarding the operational implications. The Region and other area municipalities were consulted in order to determine the best way to move forward together. COLLABORATE Should the Government of Ontario decide to amend the relevant regulation (O. Reg. 699/98) collaboration with the Region of Waterloo will be required to move forward with this initiative. ACKNOWLEDGED BY: Michael May, Deputy CAO (Community Services) IF1 - 2 PLANNING & STRATEGIC INITIATIVES COMMITTEE Page 1 UNFINISHED BUSINESS2018-04-09 SUBJECT (INITIATOR) DATETARGET STAFF INITIALLY DATE/STATUS ASSIGNED CONSIDERED Financial implications analysis of enhanced 2012-06-18Future PSI B.Sloan streetscape options for Fischer Hallman Rd design (PSI)Meeting improvements (over and above baseline capital and operating budgets) Feasibility and implications of being designated 2016-10-03 2018-04-09 A.Pinard approval authority for amendments to Kitchener’s Official Plan (CSD-16-053) IF2 - 1