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HomeMy WebLinkAboutDSD-2022-213 - Official Plan Amendment OPA20/006/K/AP - Zoning By-law Amendment ZBA20/015/K/AP - 276 King Street East - 276 King East Inc.StaNRepvrt Development Services Department www.kitchener.ca REPORT TO: Planning and Strategic Initiatives Committee DATE OF MEETING: June 13, 2022 SUBMITTED BY: Rosa Bustamante, Director of Planning, 519-741-2200 ext. 7319 PREPARED BY: Andrew Pinnell, Senior Planner, 519-741-2200 ext. 7668 WARD INVOLVED: 10 DATE OF REPORT: May 31, 2022 REPORT NO.: DSD -2022-213 SUBJECT: Official Plan Amendment OPA20/006/K/AP Zoning By-law Amendment ZBA20/015/K/AP 276 King Street East 276 King East Inc. RECOMMENDATION: A. That Official Plan Amendment Application OPA20/006/K/AP, for 276 King East Inc., requesting to add Site Specific Policy Area 5 to Map 4 — Urban Growth Centre (Downtown) of the Official Plan and to add associated Site Specific Policy 15.D.2.68 to the Official Plan, to permit a mixed use building with a maximum floor space ratio of 4.8, and a maximum building height of 28.5 metres or 7 -storeys, be adopted, in the form shown in the Official Plan Amendment attached to Report DSD -2022-213 as Attachment A, and accordingly forwarded to the Regional Municipality of Waterloo for approval; and, B. That Zoning By-law Amendment Application ZBA20/015/K/AP for 276 King East Inc. be approved in the form shown in the "Proposed By-law" and "Map No. 1" attached to Report DSD -2022-213 as Attachment B; and, C. That in accordance with Planning Act Section 45 (1.3 & 1.4) that applications for minor variances shall be permitted for lands subject to Zoning By-law Amendment Application ZBA20/015/K/AP; and further, D. That the Urban Design Brief for 276 King Street East, prepared by GSP Group, dated May 2022, attached to Report DSD -2022-213 as Attachment C, be endorsed and provide general direction for future site plan development. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 83 of 520 REPORT HIGHLIGHTS: The purpose of this report is to provide a planning recommendation for an Official Plan Amendment Application OPA20/006/K/AP and Zoning By-law Amendment Application ZBA20/015/K/AP for 276 King Street East. Community engagement included: o Circulation of a preliminary letter to property owners within 120 metres of the subject lands; o Installation of two billboard notice signs on the property, one facing King Street East and one facing Eby Street; o A virtual Neighbourhood Meeting held on April 28, 2021; o Notice of the statutory public meeting was published in The Record on May 20, 2022; o A postcard advising of the statutory public meeting was mailed to all property owners within 120 metres of the subject lands and mailed (and/or emailed where an email address was provided) to all community members that participated in the application process. This report supports the delivery of core services. EXECUTIVE SUMMARY: In order to facilitate redevelopment of the subject property, addressed as 276 King Street East, with a mixed-use building comprising ground floor commercial uses and 29 dwelling units within the upper storeys, the owner (276 King East Inc.) is requesting an Official Plan Amendment to add a Site Specific Policy Area to Map 4 — Urban Growth Centre (Downtown) and to add an associated Site Specific Policy to the Official Plan, to permit the building to have a maximum floor space ratio of 4.8 and a maximum building height of 28.5 metres or 7 -storeys. A Zoning By-law Amendment is also requested to change the zoning of the whole of the property to `East Market Zone (D-2)' with a Special Regulation Provision to permitthe above noted permissions forfloor space ratio and building height, and to require a rooftop amenity area; to prohibit residential uses on the ground floor; to not require parking for motor vehicles; to require bicycle parking; to regulate front, rear, and side yard setbacks; and to prohibit outdoor storage (excluding display of goods for retail purposes). In addition, a Holding provision is proposed that requires the owner to submit a detailed stationary noise study to the satisfaction of the Region, prior to the establishment of residential or other sensitive land uses. Planning staff recommends that the applications be approved. BACKGROUND: The subject property is located at the intersection of King Street East and Eby Street North, in the Market District of the Urban Growth Centre (Downtown), and is addressed as 276 King Street East. The portion of the property closest to King Street is vacant, while the portion of the lands furthest from King Street contains a building originally constructed as a single detached dwelling. Planning staff understands that the dwelling is presently occupied. The surrounding area contains a wide range of land uses and building forms. The Kitchener Market is located immediately across Eby Street, to the east. The Yeti Cafe is located immediately to the north, on Eby Street. The lands to the west on King Street are occupied with commercial businesses. The subject lands are within a Major Transit Station Area, being located less than 250 metres from the Kitchener Market ION Station. The property has excellent access to LRT, bus transit, cycling and pedestrian infrastructure. The subject property is currently split zoned under Zoning By-law 85-1, with the portion of the lands closest to King Street zoned East Market Zone (D-2) and the portion furthest from King St is zoned Market Village Zone (D-3). It should be noted that the City's Comprehensive Review of the Zoning By-law (CRoZBy) does not currently apply to downtown, including to the subject lands. Planning staff notes that the proposed Urban Growth Centre (UGC) zones, drafted as part of CRoZBy, were withdrawn before being tabled at Council because of the Province's changes to the Planning Act, which removed bonusing provisions. Page 84 of 520 REPORT: The applicant is requesting approval of an Official Plan Amendment (OPA) and Zoning By-law Amendment (ZBA) to change the permissions related to the subject area (see Figure 1) to facilitate their proposed development concept: a 7 -storey mixed-use building with ground floor commercial uses and 29 dwelling units within the upper storeys. The development concept does not propose any parking, but does include both long-term ("Class A") and short-term ("Class B") bicycle parking. A minimum 100 square metre rooftop amenity space is also proposed. i r` D U) Go ��4 m Aa Qom' 471yr4z ts,ti SUBJECT S AREA \�O �4 Figure 1: Subject Area: 276 King Street East Page 85 of 520 Official Plan Amendment The requested OPA would maintain the Market District land use designation and would establish Site Specific Policy 15.D.2.68 within the Urban Growth Centre (Downtown) policies of the Official Plan. If approved, this policy would correspond to Area/Site 5 on Map 4 - Urban Growth Centre (Downtown). The purpose of the requested OPA is to permit a maximum Floor Space Ratio of 4.8 and a maximum building height of 7 -storeys or 28.5 metres. Currently, the Official Plan permits a Floor Space Ratio of 3.0. While there is no height limit specified, the Official Plan states that building and fagade heights may be regulated through the Zoning By-law. Zoninq By-law Amendment The ZBA application requests to rezone the whole of the property to D-2 Zone (from a D-2 / D-3 split) and to add a Special Regulation Provision (SRP) that tailors the zoning to the development concept (see Table 1). The requested zoning would: • Permit a maximum floor space ratio of 4.8, • Permit a maximum building height of 28.5 metres or 7 -storeys, and • Require zero parking spaces (note that the current zoning does not require parking for the commercial use, but does require 29 spaces for the residential use — see below Parking section). In addition, the applicant is amenable to several additional zoning provisions that are recommended by staff that would benefit the residents of the development, for example. • OutdoorAmenity Area —to ensure that a minimum 100 square metre rooftop outdoor amenity space is provided for the residents of the development. • Prohibit dwelling units on the ground floor — to ensure that the ground floor is used only for non-residential uses (e.g., commercial uses). • Require a minimum of 33 secured, long-term bicycle parking spaces — to be used mainly for residents of the development. • Require a minimum of 12 short-term bicycle parking spaces — to be used mainly for visitors. Also, a Holding provision is recommended at the request of the Region, with the support of the applicant, that requires the owner to prepare a detailed stationary noise study to the satisfaction of the Region, prior to the establishment of residential or other uses. The Holding provision cannot be removed until such time as the Region of Waterloo has accepted the final noise study and recommended implementation measures. Parking As noted above, City's Comprehensive Review of the Zoning By-law (CRoZBy) does not currently apply to the Urban Growth Centre (Downtown) [UGC]. The proposed UGC zones were removed from CRoZBy when the province eliminated bonusing. Notwithstanding, UGC parking rates are included within By-law 2019-051 (the zoning by-law that implements CRoZBy). However, these rates will not apply until new UGC zones are tabled and approved by Council. In the meantime, the UGC parking rates within By-law 2019-051 do provide general guidance for this project and other projects within the city. In this regard, the UGC parking rate is zero parking spaces for both dwelling units and commercial uses. In addition, Transportation Services has commentedthat it does not have any concerns with the parking reduction request (see Attachment E). Accordingly, Planning staff supports the parking request and recommends this reduction be incorporated into the special regulation provision. Page 86 of 520 Table 1: High -Level Comparison -Current Official Plan Policy, Current Zoning, and Proposed Zoning Page 87 of 520 Current Urban Current -Zone Proposed Zoning Growth Centre (in Zoning By-law 85-1) (Downtown) and Market District Official Plan Policies Maximum 3.0 [Policy 2.0 (D-2 Zone) / 0.75 (D-3 4.8 Floor Space 15.D.2.59] Zone) Ratio Maximum The building and Not regulated (D-2 Zone) / 28.5 metres or 7 - Building fagade heights may 9.0 metres (D-3 Zone) storeys Height be regulated through the Zoning By-law [Policy 15.D.2.61] Building N/A No part of a building shall Not regulated Elevation be higher, measured from through zoning, but ("Angular finished grade level, than the proposed Plane") the dimension of its building generally horizontal distance from conforms to 45 - the vertical projection of degree angular the street line on the plane (addressed opposite side of King within Urban Street ("45 -degree angular Design Brief) plane"; D-2 Zone only) Location of N/A For lands abutting King Shall not be located Dwelling Units Street: Shall not be located on the ground floor / Residential on the ground floor, except Use for access (D-2 Zone only) Minimum N/A 10 per cent of lot area, but An outdoor amenity Outdoor Area not less than 20.0 square area shall be metres (D-2 Zone only) provided for any building containing residential use. The outdoor amenity area may be located on a rooftop and shall have a minimum area of 100 square m etres. Minimum N/A N/A Minimum of 33 Bicycle secured, long-term Parking bicycle parking spaces. Minimum of 12 short-term bicycle parking spaces. Page 87 of 520 Minimum N/A D-2 and D-3: No parking required Parking Spaces Commercial: No parking required Residential. Larger Units (28 units): 1 space/ unit Smaller Units (1 unit): 0.165 spaces / unit. Total parking required: 29 spaces Design Concept and Urban Design Brief The purpose of the requested Zoning By-law Amendment (ZBA) is to facilitate redevelopment of the subject property with a seven -storey mixed-use building comprised of ground floor commercial uses and residential units within the upper storeys. The proposal has evolved significantly from the pre- submission consultation stage through to the applicant's final iteration of the Urban Design Brief (UDB) submitted in support of the Zoning By-law Amendment, which is now recommended for endorsement. Figure 2 shows the design concept when it was first submitted in February 2020, during the pre -submission consultation stage. In contrast, Figure 3 shows the design concept included in the final UDB (see Attachment C for the full document). Further refinements will be made through the future Site Plan Application process. Figure 2: Development Concept provided at the pre -submission consultation stage in February 2020. The final UDB shows the building positioned to continuously line the King Street and Eby Street frontages. Along King Street, the building's ground floor footprint continues the setback pattern of adjacent properties to the northwest. The building wall of the second through fourth storeys project over the ground floor and extend to the property line on King Street. Along Eby Street, the building sits largely at the property line, recognizing the ground recessions created for covered entranceways for the residential and main commercial doors. The upper storeys at the King Street and Eby Street corner recede slightly from the property line for relief. On the western side of the building, adjacent to 270 King Street, there is a 1.2 metre side yard setback containing a gated walkway. The building Page 88 of 520 is set back 4.2 metres from the rear (eastern) property line shared with 14 Eby Street North (Yeti Cafe). The proposed building is designed to respond to the slope on which it is built (Eby Street slopes downward from King Street). The proposed building expresses clear distinction and articulation in massing between the base, middle and top using horizontal and vertical projections along the street -facing building elevations. The scale and massing of the proposed building has been designed to ensure it is compatible with the adjacent properties and respects the overall streetscape by integrating stepbacks at the 6t" and 7t" storeys, a glass curtain wall from top to bottom to soften the building design, significant glazing on street -facing elevations, and recessed building entrances to reinforce human scale. Note that angular plane is sometimes used as a tool for determining appropriately scaled development in urban contexts. The proposed stepbacks ensure that the building generally maintains a 45 -degree angular plane to the sidewalk on the opposite side of King Street (see Figure 4). Planning staff recommends that the UDB be endorsed, along with the approval of the ZBA and adoption of the OPA, to provide general direction for future site plan development. Figure 3: Development Concept included in the final Urban Design Brief in May 2022. Page 89 of 520 Figure 4: Angular Plane Diagram Planning Analysis: Provincial Policy Statement, 2020 (PPS): The Provincial Policy Statement (PPS) provides policy direction on matters of provincial interest related to land use planning and development. Policy 1.1.1 states that "Healthy, liveable and safe communities are sustained by: b) accommodating an appropriate affordable and market-based range and mix of residential types (including ... multi -unit housing...), employment (including industrial and commercial)..." The proposed development is a mixed-use building that comprises multi -unit housing and commercial use. Also, policy 1.1.3.3 states that "Planning authorities shall identify appropriate locations and promote opportunities for transit -supportive development, accommodating a significant supply and range of housing options through intensification and redevelopment..." It should be noted that the proposed development is considered transit -supportive since it is compact, mixed-use development that comprises high-density residential use, in proximity to several LRT stations and transit routes. The proposed development would assist in making transit viable and it optimizes investments in transit infrastructure. Policy 1.4.3 states that "Planning authorities shall provide for an appropriate range and mix of housing options and densities to meet projected market-based and affordable housing needs of current and future residents of the regional market area by: ...b) permitting and facilitating: 1. all housing options required to meet the social, health, economic and well-being requirements of current and future residents... and 2. all types of residential intensification, including.... redevelopment ... c) directing the development of new housing towards locations where appropriate levels of infrastructure and public service facilities are or will be available to support current and projected needs; d) promoting densities for new housing which efficiently use land, resources, infrastructure and public service facilities, and support the use of active transportation and transit in areas where it Page 90 of 520 exists or is to be developed; e) requiring transit-supportive development and prioritizing intensification, including potential air rights development, in proximity to transit, including corridors and stations;... The proposed development would assist the City in achieving the appropriate range and mix of housing options and densities contemplated by the PPS. The proposal represents redevelopment that provides a mix of high-density housing and commercial uses in a location where there are excellent levels of infrastructure and public service facilities. The proposal is considered transit supportive development because it would support the nearby ION and transit services and make use of active transportation opportunities in and near downtown. Planning staff is of the opinion that the requested OPA and ZBA would facilitate the intensification of the subject property with a mixed-use building that is sensitive to and compatible with the surrounding land uses and would make use of the existing infrastructure. No new public roads or services would be required to permit the proposed development. Based on the foregoing, staff is of the opinion that this proposal is consistent with the PPS. A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 (Growth Plan): The Growth Plan supports the development of completeand compact communities that are designed to support healthy and active living, make efficient use of land and infrastructure, provide for a range and mix of housing types, jobs, and services, at densities and in locations which support transit viability and active transportation. Policies of the Growth Plan promote growth within strategic growth areas including the urban growth centre major transit station areas, in order to provide a focus for investments in transit and other types of infrastructure. Policy 2.2.1.2 states that "Forecasted growth to the horizon of this Plan will be allocated based on the following:... c) within settlement areas, growth will be focused in: i. delineated built-up areas; ii. strategic growth areas; iii. locations with existing or planned transit, with a priority on higher order transit where it exists or is planned; and iv. areas with existing or planned public service facilities". In this regard, the subject property is within the built-up area, within a strategic growth area (including the Urban Growth Centre and a Major Transit Station Area), in a location that is very well served by existing transit (including ION service). In addition, Policy 2.2.1.4 states that "Applying the policies of this Plan will support the achievement of complete communities that: a) feature a diverse mix of land uses, including residential and employment uses, and convenient access to local stores, services, and public service facilities;... c) provide a diverse range and mix of housing options, including additional residential units and affordable housing, to accommodate people at all stages of life, and to accommodate the needs of all household sizes and incomes". In this case, the proposed development would assist in achieving a complete community, since it features a mix of residential and commercial ("local stores") uses. It also helps to diversify the range and mix of housing options, by providing dwelling units in downtown within a mid-rise building form. Furthermore, Policy 2.2.3.2 states that "Urban growth centres will be planned to achieve, by 2031 or earlier, a minimum density target of:... b) 200 residents and jobs combined per hectare for each of the... Downtown Kitchener urban growth centres..." Also, the City's Official Plan has a greater minim um target of 225 residents and jobs per hectare by 2031. It must be emphasized that these targets are minimums to be reached within specific timelines. Indeed, there are good planning reasons to exceed both these targets. According to the 2021 Kitchener Growth Management Strategy Annual Monitoring Report (which uses data up to June 2021), the estimated density of the Urban Growth Centre (UGC) was 212 residents and jobs in 2021. These figures have not been adjusted to account for changes in office and work from home trends brought on by the COVID-19 Page 91 of 520 pandemic. The extent to which pandemic -related changes will continue in the long-term is uncertain. Nevertheless, interest in residential development within the UGC has remained robust during the pandemic period. The Downtown Kitchener UGC is on its way and is expected to achieve the City's Official Plan minimum density target. The requested OPA and ZBA would facilitate the development of 29 dwelling units and ground floor commercial use. These uses will assist in achieving the above noted minimum targets. Based on the foregoing, Planning staff is of the opinion that this proposal conforms to the Growth Plan. Regional Official Plan, 2015 (ROP): Map 3a Urban Area of the ROP shows that the subject property is within the Urban Area. The ROP states that "Within the Urban Area, most of the region's future growth will be directed to Urban Growth Centres, Major Transit Station Areas, Reurbanization Corridors, Major Local Nodes and Urban Designated Greenfield Areas." Specifically, the property is identified as being within an Urban Growth Centre. Policy 2.D.3 states that, "...This designation identifies the region's primary business, civic, commercial and cultural centres that will be planned and developed: (a) to accommodate a significant share of the region's future population and employment growth; (b) as focal points for investment in institutional and regional -scale human services as well as commercial, recreational, cultural and entertainment land uses; (c) to accommodate applicable Major Transit Station Areas..." In this case, the proposed development will assist in fulfilling this policy by providing high density residential use and ground floor commercial use, within a Major Transit Station Area. Regional staff have indicated that they have no objections to the proposed applications, subject to a Holding provision that requires the owner to prepare a detailed stationary noise study to the satisfaction of the Region, prior to the establishment of residential or other sensitive land uses (see Attachment E for Department and Agency Comments). The Holding provision cannot be removed until such time as the Region of Waterloo has accepted the noise study and recommended implementation measures have been accepted. Planning staff is of the opinion that this proposal conforms to the ROP. Kitchener Official Plan, 2014 (KOP): Urban Structure Within the KOP, subject property is identified as being within two urban structure components: Urban Growth Centre and Major Transit Station Area. Urban Growth Centre Policy 3.C.2.12. states that "The Urban Growth Centre (Downtown) is the primary Urban Structure Component and Intensification Area. The planned function of the Urban Growth Centre (Downtown) is to accommodate a significant share of the Region's and City's future population and employment growth." Also, Policy 3.C.2.13., states "The Urban Growth Centre (Downtown) is planned to achieve, by 2031 or earlier, a minimum density of 225 residents and jobs combined per hectare and assist in achieving the minimum residential intensification target identified in Policy 3.C.1.6." It must again be emphasized that this is a minimum target to be achieved within a specific timeline. As aforementioned, the Downtown Kitchener UGC has an estimated density of 212 residents and Jobs per hectare (as of June 2021) and is on its way to achieving the City's Official Plan minimum target of 225 residents and jobs per hectare by 2031. The proposed development would assist in achieving the City's minimum target. The KOP also states that "3.C.2.14. The Urban Growth Centre (Downtown) is planned to be a vibrant regional and citywide focal point and destination and is intended to be the city's primary focal point Page 92 of 520 for residential intensification as well as for investment in institutional and region -wide public services, commercial, office, recreational, cultural and entertainment uses." The proposal represents residential intensification and commercial redevelopment, noting that the site is largely vacant at this time. Major Transit Station Area Policy 3.C.2.17. states that "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." In addition, Policy 3.C.2.22. states that development applications that are submitted within MTSAs will be reviewed generally in accordance with the City's Planning Around Rapid Transit Station Areas (PARTS) Project Plan, until Station Area Plans are completed. For areas that are intended to be the focus for intensification, development applications will support the planned function of MTSAs and consider several factors, for example, the ROP and Transit -Oriented Development Policies, that redevelopment may be required to have appropriate pedestrian and public transit facilities, and that vehicular access points will be controlled to minimize disruption to traffic flow. In this regard, the proposed development would assist in accommodating the intended growth to support transit and ION service, is well placed to provide connectivity for various modes of transportation, and represents a pedestrian -friendly and transit -oriented, mixed use development that will contribute to the streetscape on King Street and Eby Street. Planning staff is of the opinion that the requested Official Plan Amendment and Zoning By-law Amendment support redevelopment that conforms to the UGC and MTSA urban structure policies. Land Use Designation The subject property is designated Market District on Map 4 — Urban Growth Centre (Downtown). The Market District is located at the eastern entrance to the Downtown and functions as a unique village -like setting anchored by market uses. Policy 15.D.2.57 states that the Market District will permit a broad range of uses, specifically, "a) the predominant use along King Street will be commercial focusing on small retail outlets to provide for the day-to-day shopping needs with residential, restaurants, institutional and some commercial and office uses above. Mixed use buildings will be encouraged." In this case, the proposal would permit a mixed-use building with ground floor commercial use and residential dwelling units above. Also, policy 15.D.2.59. states that, "The maximum Floor Space Ratio for all new development and/or redevelopment, except those lands with frontage on Market Lane or Duke Street, will be 3.0" and policy 15.D.2.61. states that, "The building and facade heights may be regulated through the Zoning By-law." It should also be noted that the subject property is within the recommended focus area on Planning Around Rapid Transit Stations (PARTS) Phase 1 (2013) Station Study Area mapping. Moreover, the PARTS Central Plan (2016) suggests a maximum FSR of 3.0 and that "Building Heights on King Street will be limited to maintain the current pedestrian experience". In this regard, while the proposal is for 4.8 FSR, which is more than contemplated by the Market District and PARTS, Planning staff has undertaken an extensive review of the design and are of the opinion that it meets the objectives of the King Street streetscape, achieving a 45 -degree angular plane through the use of stepbacks. Page 93 of 520 Planning staff is of the opinion that the requested Official Plan Amendment and Zoning By-law Amendment align with the intent of the Market District land use designation policies of the City's Official Plan. Department and Aaencv Review: Circulation of the OPA and ZBA was undertaken February 1, 2021 to applicable City departments and other review authorities. No major concerns were identified by any commenting City department or agency and necessary revisions and updates to the proposal have been made through the application review process, including updates to the Draft Zoning By-law and Urban Design Brief. The Region is supportive of the proposal, subject to application of the aforementioned holding provision. Department and agency comments are included as Attachment E to this report. The following reports and studies were considered as part of the subject Official Plan Amendment and Zoning By-law Amendment: • Arborist Assessment— Existing Trees Prepared by: GSP Group, November 30, 2020 • Functional Servicing Report Prepared by: GM BluePlan Engineering, October 2020 • Pedestrian Wind Assessment Prepared by: SLR, October 6, 2020 • Sustainability Statement Prepared by: GSP Group, October 16, 2020 • Environmental Noise and Vibration Impact Study Prepared by: dBA Acoustical Consultants Inc, October 2020 • Parking Review and Justification Prepared by: Salvini Consulting, September 29, 2020 • Planning Justification and Urban Report Addendum Prepared by: IBI Group, October2020 • Urban Design Brief Prepared by: GSP Group, May 2022 • Vegetation Management Plan Prepared by: GSP Group, November 25, 2020 Community Input & Staff Responses Staff received written comments from approximately 27 community members regarding the requested amendments (see Attachment F). The majority of the comments expressed support for the proposal. A petition in opposition to the proposal was also received. The petition contains the names of 9 community members who represent 4 households (including 4 residents of the existing dwelling on the subject property, addressed as 12 Eby Street). A Neighbourhood Meeting was hosted by Planning staff on April 28, 2021 and was attended by approximately 22 community Page 94 of 520 members. In addition, Planning staff followed up directly with many community members. Table 2 provides a high-level summary of what staff heard from the community, and staff responses. Table 2: High-level Summaryof What Staff Heard from the Community: What Planning Staff Heard Planning Staff Comment The City's Official Plan encourages intensification within Support for development and downtown for economic development purposes. Planning investment in the Market District staff is of the opinion that the proposed development will help to achieve this goal. Support for provision of housing Planning staff agrees that the proposed development supports the creation of housing in downtown. Transportation Services and Planning staff support the Support for zero parking requested parking reduction. The proposed development concept is pedestrian -friendly and transit -supportive. Planning and Urban Design staff worked with the applicant through numerous iterations of the plan to achieve the Support for the building design and design conceptshown in the Urban Design Brief, which will scale contribute to the downtown and ensure compatibility with adjacent uses. Planning staff recommends that Council endorse the Urban Design Brief to provide direction for the future site plan application. Planning staff is of the opinion that the proposed mixed - Support for mixed use within the use building will contribute positively to the Market District proposed building through appropriate residential intensification and provision of ground floor commercial use. It should be noted that the new zoning by-law already contains a zero parking requirement. This rate will be put into effect when the new downtown zones are applied. Parking relief is only required in this case because the Concern about lack of parking and subject property (and all downtown properties) is under the congestion older zoning by-law. Generally, the rationale for the zero parking rate is that downtown is well served by transit, cycling, and pedestrian facilities and contains numerous public and private parking facilities. It should also be noted that there are already much larger approved projects in downtown that do not propose any parking. Planning and Urban Design staff worked with the applicant through numerous iterations of the plan to achieve the design concept shown in the Urban Design Brief. Staff is Concern regarding proposed of the opinion that the concept will contribute positively to building height, massing, design the downtown and will ensure compatibility with adjacent uses. Planning staff recommends that Council endorse the Urban Design Brief to provide direction for the future Site Plan Application. Construction impacts are temporary, intrinsic to development, and necessary to achieve progress within a growing municipality. City by-laws and provincial Concern about construction impacts regulations mitigate and/or prevent some potential construction impacts. Transportation Services staff will ensure that any construction traffic is managed with the least interruption / inconvenience possible. Page 95 of 520 Planning Conclusions Considering the foregoing, Planning staff support the proposed Official Plan Amendment and Zoning By-law Amendment to permit 276 King Street East to be developed with a 7 -storey mixed use building. Planning staff is of the opinion that the requested amendments are consistent with policies of the Provincial Policy Statement (2020), conform to the Growth Plan, the Regional Official Plan, and the City of Kitchener Official Plan, and represent good planning. Accordingly, Planning staff recommends that the Official Plan Amendment be adopted, the Zoning By-law Amendment be approved, and the Urban Design Brief be endorsed. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget —The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Council / Committee meeting. Two notice signs were posted on the property — one on each frontage — and information regarding the applications was posted to the City's website in February 2021. Following the initial circulation, an additional Courtesy Notice of the public meeting was circulated to Page 96 of 520 The proposed development concept represents a significant investment in the Market District. While it is greater in height than immediately adjacent development, Concern about impact on there are several developments in the area that are of the neighbourhood character same height or greater. Also, the proposed building achieves a 45 -degree angular plane along the King Street frontage. It should be noted that Heritage Planning staff does not have any concerns with the proposal. The proposed residential units are not considered affordable housing and comprise one -bedroom units only. Concern about unit cost and size Staff agrees that it would be beneficial for a mix of unit types to be provided. However, there is no authority for the City to prescribe the unit mix or affordability at this time. Planning staff review each development application on its own merits, based on the specific context of the Concern regarding precedent neighbourhood, and in light of applicable legislation, policies, guidelines, etc. Permitting a development of a certain height or massing will not necessarily result in the development of other, similar projects within a given area. Planning staff is concerned about the loss of the existing Concern about demolition of the dwelling and its effect on the current tenants. The current existing dwelling and loss of housing dwelling is proposed to be demolished to facilitate the for current tenants subject proposal. Planning staff requests that the developer work with the current residents regarding future accommodation. Planning Conclusions Considering the foregoing, Planning staff support the proposed Official Plan Amendment and Zoning By-law Amendment to permit 276 King Street East to be developed with a 7 -storey mixed use building. Planning staff is of the opinion that the requested amendments are consistent with policies of the Provincial Policy Statement (2020), conform to the Growth Plan, the Regional Official Plan, and the City of Kitchener Official Plan, and represent good planning. Accordingly, Planning staff recommends that the Official Plan Amendment be adopted, the Zoning By-law Amendment be approved, and the Urban Design Brief be endorsed. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget —The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Council / Committee meeting. Two notice signs were posted on the property — one on each frontage — and information regarding the applications was posted to the City's website in February 2021. Following the initial circulation, an additional Courtesy Notice of the public meeting was circulated to Page 96 of 520 all property owners within 120 metres of the subject lands, those who responded to the preliminary circulation, and those who attended the Neighbourhood Meeting on April 28, 2021. In addition, Notice of the Public Meeting was posted in The Record on May 20, 2022 (see Attachment D). CONSULT —The proposed Official Plan Amendment and Zoning By-law Amendment were circulated to property owners within 120 metres of the subject lands on February 1, 2021. In response to this circulation, staff received written responses from 27 households and a 9 -person petition, which are summarized as part of this staff report and attached as Attachment F. PREVIOUS REPORTS/AUTHORITIES: • Planning Act, R.S.O. 1990, c. P.13 • Growth Plan, 2020 • Provincial Policy Statement, 2020 • Regional Official Plan, 2015 • City of Kitchener Official Plan, 2014 • Planning Around Rapid Transit Stations (PARTS) • City of Kitchener Zoning By-law 2019-051 • Comprehensive Review of the Zoning By-law (CRoZBy), 2022 • City of Kitchener Zoning By-law 85-1 REVIEWED BY: Stevenson, Garett — Manager of Development Review, Planning Division APPROVED BY: Readman, Justin — General Manager, Development Services ATTACHMENTS: Attachment A — Draft Official Plan Amendment Attachment B — Draft Zoning By-law Amendment Attachment C — Urban Design Brief Attachment D — Newspaper Notice Attachment E — Department and Agency Comments Attachm ent F — Com m unity Com m ents Page 97 of 520 AMENDMENT NO. XX TO THE OFFICIAL PLAN OF THE CITY OF KITCHENER CITY OF KITCHENER 276 King Street East Page 98 of 520 AMENDMENT NO. XX TO THE OFFICIAL PLAN OF THE CITY OF KITCHENER CITY OF KITCHENER 276 King Street East 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 June 13, 2022 APPENDIX 2 Minutes of the Meeting of Planning and Strategic Initiatives Committee - June 13, 2022 APPENDIX 3 Minutes of the Meeting of City Council 2 Page 99 of 520 AMENDMENT NO. XX TO THE OFFICIAL PLAN OF THE CITY OF KITCHENER SECTION 1 —TITLE AND COMPONENTS This Amendment shall be referred to as Amendment No. XX to the Official Plan of the City of Kitchener. This Amendment is comprised of Sections 1 to 4 inclusive. SECTION 2 — PURPOSE OF THE AMENDMENT The purpose of the Official Plan Amendment is to amend the Official Plan by adding Site Specific Policy Area 5 to Map 4 — Urban Growth Centre (Downtown) and by adding associated Site Specific Policy 15.D.2.68 to the Official Plan. SECTION 3 — BASIS OF THE AMENDMENT The subject lands are currently designated Market District on Map 4 — Urban Growth Centre (Downtown) of the 2014 Official Plan. Also, the lands are identified as Urban Growth Centre (Downtown) and Major Transit Station Area on Map 2 — Urban Structure of the 2014 Official Plan. The applicant is requesting an Official Plan Amendment to add Site Specific Policy Area 5 to Map 4 — Urban Growth Centre (Downtown) and to add associated Site Specific Policy 15.D.2.68 to the Official Plan. These amendments would permit a mixed use building with a Maximum Floor Space Ratio (FSR) of 4.8 and a maximum building height of 28.5 metres or 7 -storeys, which the applicant intends on constructing through future approvals. A `parallel' Zoning By-law Amendment is also requested. The Amendment would assist the City in achieving the densities contemplated by the Provincial Policy Statement and Growth Plan. The Official Plan Amendment would facilitate a mid -rise development proposal that provides a mix of high-density housing and commercial use in a location where there are excellent levels of infrastructure and public service facilities. The proposal is considered transit supportive development because it would support the nearby ION and transit services and make use of active transportation opportunities in and near downtown. The City's Offical Plan states that the planned function of the Urban Growth Centre (Downtown) is to accommodate a significant share of the region's and the city's future population and employment growth. The requested Amendment assists in achieving the planned function. Moreover, Planning staff is of the opinion the proposed use of the subject lands is desirable and appropriate for this location and will not have adverse impacts on surrounding land uses. The proposed development is compatible with the surrounding neighbourhood. Policy 15.D.2.59. of the City's Official Plan states that, "The maximum Floor Space Ratio for all new development and/or redevelopment, except those lands with frontage on Market Lane or Duke Street, will be 3.0" and policy 15.D.2.61. states that, "The building and facade heights may be regulated through the Zoning By-law." It should also be noted that the subject property is within the recommended focus area on Planning Around Rapid Transit Stations (PARTS) Phase 1 (2013) Station Study Area mapping. Furthermore, the PARTS Central Plan (2016) suggests a maximum FSR of 3.0 and that "Building Heights on King Street will be limited to maintain the current pedestrian experience". In this regard, while the Amendment is for 4.8 FSR, which is more than contemplated by the Market District and PARTS, Planning staff has undertaken an extensive review of the design and Page 100 of 520 are of the opinion that it meets the objectives of the King Street streetscape, achieving a 45 - degree angular plane through the use of stepbacks. Planning staff is satisfied that the requested Amendment aligns with Provincial, Regional, and City policies. In addition, the Amendment is consistent with the policies and intent of the Provincial Policy Statement and conforms to the Growth Plan. Accorindingly, Planning staff recommends approval of the Amendment. SECTION 4—THE AMENDMENT The City of Kitchener Official Plan is hereby amended as follows: a) Part D, Section 15.D.2. is amended by adding Site Specific Policy Area 15.D.2.68 as follows: 15.D.2.68. 276 King Street East Notwithstanding the Market District land use designation on lands municipally known as 276 King Street East, a Floor Space Ratio (FSR) of 4.8 shall be permitted, and, generally, a maximum building height of 7 - storeys or 28.5 metres shall be permitted. In addition, A Holding provision pursuant to Section 17.E.13 will apply to prohibit any residential or other sensitive land uses until such time as a detailed stationary noise study has been submitted to and accepted by the Regional Commissioner of Planning, Development and Legislative Services. This Holding provision will not be removed until the City of Kitchener is in receipt of a letter from the Regional Commissioner of Planning, Development and Legislative Services advising that such noise study and the recommended implementation measures have been accepted to the satisfaction of the Regional Municipality of Waterloo. b) Amend Map No. 4 — Urban Growth Centre (Downtown) by: i) Adding Specific Policy Area "5. 276 King Street East (Policy 15.D.2.68)", to the `Area of Amendment',as shown on the attached Schedule `A'. Page 101 of 520 APPENDIX 1 Notice of the Meeting of Planning and Strategic Initiatives Committee of June 13, 2022 NOTICE OF PUBLIC MEETING for a development in your neighbourhood 276 King Street East Concept drawing Ad em IMP Commercial Ground Floor Have Your Voice Heard! Date: June 13, 2022 Time: 4:00 p.m. Location: Virtual Zoom Meeting To view the staff report, agenda, find meeting details or to appear as a delegation, visit: kitchener.ca/meetings To learn more about this project, including information on your appeal rights, visit: www.kitchenerca/ planningapplications or contact: Andrew Pinnell, Senior Planner 519.741.2200 x 7668 andrew.pinnell@kitchener.ca The City of Kitchener has received applications to change the Official Plan and Zoning By-law to permit a 28.5 metre high (7 -storey) mixed-use building with ground floor commercial uses and 29 dwelling units within the upper storeys. The building has a floor space ratio of 4.8. The applications request to not provide any parking for motor vehicles, but to require 33 long-term bicycle parking spaces and 12 short-term bicycle parking spaces. A holding provision is also requested to prevent development until a detailed noise study has been submitted to and approved by the Region. Page 102 of 520 0 7 Storey Building Residential Upper Floors Ad em IMP Commercial Ground Floor Have Your Voice Heard! Date: June 13, 2022 Time: 4:00 p.m. Location: Virtual Zoom Meeting To view the staff report, agenda, find meeting details or to appear as a delegation, visit: kitchener.ca/meetings To learn more about this project, including information on your appeal rights, visit: www.kitchenerca/ planningapplications or contact: Andrew Pinnell, Senior Planner 519.741.2200 x 7668 andrew.pinnell@kitchener.ca The City of Kitchener has received applications to change the Official Plan and Zoning By-law to permit a 28.5 metre high (7 -storey) mixed-use building with ground floor commercial uses and 29 dwelling units within the upper storeys. The building has a floor space ratio of 4.8. The applications request to not provide any parking for motor vehicles, but to require 33 long-term bicycle parking spaces and 12 short-term bicycle parking spaces. A holding provision is also requested to prevent development until a detailed noise study has been submitted to and approved by the Region. Page 102 of 520 1 PROPOSED BY — LAW OF THE CORPORATION OF THE CITY OF KITCHENER (Being a by-law to amend both By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener — 276 King East Inc. — 276 King Street East) 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 Number 120 of Appendix "A" to By-law Number 85-1 is hereby amended by changing the zoning applicable to the parcel of land specified and illustrated as Area 1 on Map No. 1, in the City of Kitchener, attached hereto, from Market Village Zone (D-3) to East Market Zone (D-2) with Special Regulation Provision 778R and Holding Provision 93H. 2. Schedule Number 120 of Appendix "A" to By-law Number 85-1 is hereby amended by changing the zoning applicable to the parcel of land specified and illustrated as Area 2 on Map No. 1, in the City of Kitchener, attached hereto, from East Market Zone (D-2) to East Market Zone (D-2) with Special Regulation Provision 778R and Holding Provision 93H. 3. Schedule Number 120 of Appendix "A" to By-law Number 85-1 is hereby further amended by incorporating additional zone boundaries as shown on Map No. 1 attached hereto. 4. Appendix "D" to By-law 85-1 is hereby amended by adding Special Regulation Provision 778R thereto as follows: "778. Notwithstanding Sections 6.1.2 and 14A of this by-law, within the lands zoned East Market Zone (D-2) and shown as affected by this provision on Schedule Number 120 of Appendix A, the following special regulations shall apply: a) The maximum floor space ratio shall be 4.8. b) The maximum building height shall be 28.5 metres or 7 storeys. Page 104 of 520 c) The minimum front yard setback abutting King Street shall be 0 metres for upper storeys of a building and 0.8 metres for the ground floor. d) The maximum front yard setback abutting King Street shall be 2.0 metres. e) The minimum side yard abutting Eby Street shall be 0 metres. f) The maximum side yard abutting Eby Street shall be 2.0 metres. g) The minimum side yard setback from the northwest property line (i.e., abutting 270 King Street East) shall be 1.2 metres. h) The minimum rear yard setback shall be 4.0 metres. i) Dwelling units shall not be located on the ground floor. j) An outdoor rooftop amenity area shall be provided for a building containing dwelling units. The outdoor rooftop amenity area shall have a minimum area of 100 square metres. k) No outdoor storage of goods, materials or equipment shall be permitted. This shall not, however, prevent the display of goods or materials for retail purposes. 1) The minimum number of secured, long-term bicycle parking spaces shall be 33. m) The minimum number of short-term publicly accessible bicycle parking spaces shall be 12. n) No off-street parking shall be required for any permitted use". 5. Appendix "F" to By-law 85-1 is hereby amended by adding Section 93H thereto as follows "93. Notwithstanding Section 14A of By-law 85-1, within the lands zoned D-2 and shown as being affected by this Subsection on Schedule 120 of Appendix "A", no residential or other sensitive land use shall be permitted until such time as a detailed stationary noise study has been submitted to and accepted by the Regional Commissioner of Planning, Development and Legislative Services. This Holding Provision shall not be removed until the City of Kitchener is in receipt of a letter from the Regional Commissioner of Planning, Development and Legislative Services advising that such noise study and the recommended implementation measures have been accepted to the satisfaction of the Regional Municipality of Waterloo." Page 105 of 520 6. This By-law shall become effective only if Official Plan Amendment No._, (276 King day of Street East) comes into effect, pursuant to Section 24(2) of The Planning Act, R.S.O. 1990, c. P.13, as amended. PASSED at the Council Chambers in the City of Kitchener this , 2022. Mayor Clerk Page 106 of 520 Of zo o w a opo opo O o Ljj J a Z Z LWLI O O N E: y E O O W O Uo UU O H U Of LLI O Q a > > J J J W N co IQ O N Of Q Q Q J U Ln a 00 W d= a= H H H Q W 00 \Q Z N (h N Z Z Z X W Q a ° 0 � Z Z00Z Z Z W J X p Z Q Y m Lo Qo�o �o-i �� Z o o 0 0 U) x w O 2 W z m cfl cD > > O LLI Z >— W C� Z W O 0 0 Z Q J H W Y H W Q Q Q N H Q p H U LL (n U W Z Of N Z 0 O Z w� >W�a �W�a U U U LLI Y ~ g~ z w Q Q Q Q Q �QO z Q N La < z W d' Q U' �' Q U' W W W Oaf <> � Z H H H H H X N O m Q A+ d Q w Y Q— Z H Q— Z r U Q w z �_ — Z Z Z Z Z N W U — U La � � � J � w LLI LLI LLI LLI LLI LLI o w N a (~jam Q�a� Q�a� co � � � Q � Y U � � � _ �_ �_ �_ �_ �_ af-j =z LU D g U U p N W U U O O O O H U Of LL O w U U U U U U= d LZ LI m WO<LLF- Q w== Q w== J U N (h d' W 2 O OU Q N W (h W d' d' d' d' d' W � IL 2 Z ^ F W O H 0 W O Z Z Z 2 Q U w Z iOf wOfQ—z wofQ —z >L � � � N ch v Ln U j0 j0 Ln Q? ao rn OULLH W Va UQ�Q QLL_HQ m U U U 0 0 0- 2N 2N of of W- of of NUOY 0 C }'p r � , Z 0 U W Z U w Q Of W Q pU) 3 o � 'V ^' Z ~F N= N �u�i Q �'w L mea S � Ln 3t m L J■ 2 �WO LLI > LOco _ U W LL p LL co �a N O o,a9z G mm 9,a 1 r N O � CD LO CM 1 �� LO� O LET W p N Qz C Q a� �� U Q Q U D o 0 ag NLN �^a� LU LU gam D FtL ��uL r U Z W O ; U) Z w c9 �1Z 1� Z Y aY� (O N N Urban Design Brief 276 King Street East Kitchener Pioneer Tower Homes Inc. Official Plan Amendment & Zoning By-law Amendment May 2022 rA GSP t)ORCHARD group Page 108 of 520 Contents 1. Background & Purpose 2. Contextual Fit 3. Design Policy and Guideline References 3.1 Official Plan 3.2 Urban Design Manual 3.3 Central PARTS Plan 4. Site and Building Design Overview 4.1 Building Positioning 4.2 Building Scale and Massing 4.3 Access and Circulation 4.5 Loading and Service 4.6 Car Parking 4.7 Bicycle Parking 4.8 Building Materials and Articulation 4.9 Streetscape and Landscape Design 5. Microclimate Analysis 5.1 Shadow Analysis 5.2 Pedestrian Wind Analysis 6. Response to Policy and Guideline Framework 6.1 Response to Official Plan Policy 6.2 Response to Urban Design Manual Guidelines 7. Summary 1 4 11� 11 11 12 17 17 17 17 18 21 22 22 23 24 24 24 30 Page 109 of 520 1. Background & Purpose Scop(- Pioneer cop Pioneer Tower Homes Inc. ("the owner") is proposing a mixed-use development on the property at 276 King Street East ("the site") in Kitchener. This Urban Design Brief is prepared for Official Plan Amendment and Zoning Bylaw Amendment applications for the proposed development, required per the February 2020 Pre - Submission Consultation. The Kitchener Official Plan defines an Urban Design Briefs as a "comprehensive Urban Design document which may include urban design vision, principles, objectives, guidelines and strategies" and that "may be required of an owner/applicant in support of a development application". Subject Site The site is approximately 484 square metres (0.0484 hectares) in size located at the northwest corner of King Street East and Eby Street North. The site is a narrow site, measuring approximately 12 metres wide along King Street East and 35 metres of depth along Eby Street North. The site does flare out in the northwest corner behind the abutting property on King. The site is currently an undeveloped lot at the corner of King and Eby as well as 2 -stored converted dwelling (former 12 Eby Street North). The site's grade along Eby Street drops approximately 2 metres from King Street to its rear property line with an existing retaining wall along its Eby Street flankage. Site� �.. Kitche Mark 3 " SO f Kitchener Market Station a a W�,a •t � F Urban Design Brief Revised 1 276 King Street East I GSP Group, May 2022 Page 110 of 520 Site frontage looking from King Street East. Er 1�� L_� Site flankage looking from Eby Street North towards King Street East (exiting detached dwelling part of site off to the right) Urban Design Brief Revised 1 276 King Street East I GSP Group, May 2022 Page 111 of 520 Proposed Developmen The proposed development is a 7 -storey mixed-use building with ground floor commercial uses and residential units in the upper storeys. The building contains 29 units in total in the second through seventh storeys, ranging generally from 550 to 650 square feet in floor space. The proposed development is a car -free building with no parking is proposed for the residential units or commercial unit. Service functions for loading, storage and bicycling parking from the building's rear. This Urban Design Brief is based on preliminary drawings and materials available at this stage of the approval process. As work continues on the detailed aspects of design for Site Plan Approval, such as the completion of detailed site plans, lighting plans, landscape plans, elevation drawings, the detailed aspects of the proposed development will be refined and fully demonstrated. Based on the matters identified in pre -submission consultation record, this Urban Design Brief: • Describes the contextual relationships and fit with the surrounding area (Section 2), • Outlines the general Official Plan design policies and Urban Design Manual that are relevant to the site's and development's design (Section 3), • Provides an overview of the proposed site and building design (Section 4), • Discuss the building form and design aspects of the proposed development (Section 5), • Summarizes the microclimatic assessments, including shadow and wind impacts (Section 5), • Assesses how the proposed development's design responds specifically above policy and guideline basis (Section 7), and • Makes conclusions regarding the findings of the Urban Design Brief (Section 8). Urban Design Brief Revised 1 276 King Street East I GSP Group, May 2022 Page 112 of 520 2. Contextual Fit Downtown Kitchener Context The subject site is located within the eastern end of Downtown Kitchener. Downtown is the planned focal point for intensification within Kitchener and is intended to accommodate a significant portion of the city's growth in a compact, dense and transit -supportive form. The Downtown core to the west has been undergoing a dramatic transformation with significant recent and ongoing public and private sector investment, which has begun to a lesser scale in the broader area surrounding the site. Downtown Kitchener is at the heart of the Region's ION light rail transit system, containing 4 stations in both the westbound and eastbound routes. Immediately surrounding the site, the eastbound/westbound ION Kitchener Market sits approximately 300 to 400 metres to the south, on the east side of the Charles and Cedar intersection. The site sits within the Market District of Downtown Kitchener, which forms the eastern entrance to the Downtown. The site is central to this small pocket of Downtown that stretches two blocks along King, Charles and Duke Streets, generally between Scott and Cedar Streets. The District, as its name implies, is anchored by the Kitchener Market facing the east side of the site. The Market District generally exhibits a lower rise pattern of purpose-built commercial institutional, and residential buildings (and mixed-use buildings) as well as many converted residential buildings for commercial purposes surrounding the Market. This pattern of use also brings a variety of building form patterns, between "coarser" pattern of larger commercial, residential and institutional/community buildings and the "finer" grain associated generally with a main street form along King Street converted dwellings on side streets. Although the District and surrounding urban fabric exhibits a lower -rise characteristic, there are numerous examples of existing mid -rise buildings or under construction tall buildings throughout. There is an emerging cluster of high-rise buildings around the 8 - storey Waterloo Regional Courthouse, including a 39 - storey mixed-use building at Frederick and Duke (under construction) and two 11 -storey facing at Scott and Weber under construction and approved. Two existing mid -rise buildings (6 and 8 storeys) on the south side of King moving from the site up to Frederick. To the east, an emerging cluster includes mid -rise (7 and 8 storeys) and high-rise buildings (14/18 storeys) that are approved and/or under construction surrounding the King and Madison intersection. Urban Design Brief Revised 1 276 King Street East I GSP Group, May 2022 Page 113 of 5L0 R Urban Design Brief Revised 1 276 King Street East I GSP Group, May 2022 Page 114 of 520 Immediate Context East The Kitchener Market (300 King) faces the site on the east side of Eby Street. The Market building sits centrally on the block is a two -storey height, one storey facing the courtyard towards King Street and a two storey height to the rear with dropping grade. The Market's canopied open air functions are on the Eby Street side of the building. A two-storey, red -brick commercial building (290 King) sits at the corner of King and Eby, directly facing the site, positioned tight to both street edges with the building's length along King. Behind the Market building, a 3 -storey residential building (165 Duke, "Market Lofts") occupies the block's remainder, the building situated tight to all three street sides and finished in a consistent fashion to the Market building and commercial building. %1&1 ,moi _ y _ South A 2 -storey mixed-use building (287-289 King) faces the site at the southeast corner of King and Eby, with ground floor commercial and residential above. A 3 -storey (265 King) multi -tenanted commercial plaza faces the site at the southwest corner of King and Eby, the building narrow along King Street and deep facing a surface parking to the west. Both buildings are situated close to the street continuing the predominant pattern along King Street East. The south side of King Street East has a relatively consistent 2 to 3 storey height in the area surrounding the site (recognizing the mid -rise buildings identified above) and a mixed architectural character of traditional and more recent forms and styles. Urban Design Brief Revised 1 276 King Street East I GSP Group, May 2022 Page 115 of 520 West The properties to the site's west are characteristically a 2 -storey "main street" form with ground floor commercial uses and buildings situated continuously close to the street edge. The immediately abutting property (270 King) has a 2 -storey building with ground commercial and space above, recently renovated with a traditional aesthetic. Attached to the west of this building, there is a 2 -storey building (254-262 King) also with ground floor commercial and space above. This building has ground floor commercial entrances as well as entrances to the upper floors at the street. To the west of this property, there is an access driveway from King connecting to a parking area to the rear. North Properties to the north along Eby Street North are converted residential buildings for commercial purposes. The properties beyond (14 Eby and 16 Eby) are 2 -storey converted dwelling containing a restaurant and business respectively, the former including an outdoor patio. Beyond this set of converted dwellings, Market Lane runs east -west between Scott Street and Eby Street North. Market Lane is a narrower laneway largely with a mixed character: largely with rear building walls and parking areas facing the laneway but also instances of flanking converted buildings forming interior courtyard -like spaces. There are walkway facilities on both side of the laneway as well as streetscape improvements including paving, light standards and benches. Urban Design Brief Revised 1 276 King Street East I GSP Group, May 2022 Page 116 of 5k 3. Design Policy and Guideline References 3.1 Official Plan General Downtown Policies The site is part of the Urban Growth Centre (Downtown) designation in the Kitchener Official Plan. The Urban Growth Centre is meant as Kitchener's focal point for employment growth, residential intensification and region -wide community uses. The general policies have several urban design directions: • Contribution to the public realm through the design of private spaces and buildings (15.D.2.11). • Building scale and height along King Street may be limited to ensure adequate sun exposure, pedestrian enhancements, and a human scale (15.D.2.18). • Priority to pedestrian, cycling and rapid and public transit modes over vehicular circulation (15.D.2.21). • Quality urban design for buildings, architecture and streetscapes, including encouragement for innovation and architectural excellence (15.D.2.27). ON Site 4� wean Growth Centre (0—toon) Q M.pITrenalt Station Area City Node Commundy Made 'm a Neiynbownood Node 4W wban Corridor Artenal Corrinor Market District Policies R Further to the above policies, the site is within the "Market District" sub -designation of the Urban Growth Centre. The eastern entrance to Downtown, these polices identify the Market District as an area that "functions as a unique village -like setting anchored by market uses". Along King Street, Section 15.D.2.57 directs that ground floor commercial (specifically smaller retail uses) with other uses above, including residential, will be the predominant use and mixed-use buildings are encouraged. Section 15.D.2.59 establishes a maximum Floor Space Ratio of 3 for properties along King Street. General Urban Design Policies Section 11 of the Official Plan contains general urban design policies that are used to evaluate movement patterns, the relationship between built form and open spaces, integration of natural and cultural resources and development impacts. They include: • General urban design policies speak to the city's skyline, CPTED principles, fire prevention, barrier - free accessibility, and shade. • Site Design policies speak to the building's street relationship landscaping to improve the streetscape; developments to improve aesthetic quality and be safe, comfortable, functional and provide circulation for all transportation modes; and site servicing and utilities to be screened from view from the public realm. • Building Design, Massing and Scale design policies speak to human -scale proportions to support a comfortable and attractive public realm, including attractive building forms, facades and roof designs; complementary design of new buildings; and architectural innovation and expression. Section 17.E.10.5 identifies that urban design briefs/reports together with other design -related are meant to be used to a) demonstrate that a proposed development or redevelopment is compatible; b) address the relationship to and the privacy of adjacent residential development; and, c) ensure compatibility with the existing built form and the physical character of the established area and/or neighbourhood. Urban Design Brief Revised 1 276 King Street East I GSP Group, May 2022 Page 117 of 520 3.2 Urban Design Manual PART A — Design Guidelines Part A contains design guidelines on various land uses, built types, geographic areas, and urban structure elements. The following topics of design guidelines are relevant to the site and the proposed building. a) City -Wide The City -Wide design guidelines apply to Kitchener as a whole. The main objective of these guidelines it to ensure Kitchener is designed as an inclusive, safe, accessible, comfortable and appealing place to live, work and play. Guidelines are divided into Community Design and Site Design. The Community Design guidelines are primarily used by the City in designing the form and structure of communities through the application of design best practices in a range of topics. The Site Design guidelines address built form, open space and site functionality. b) Downtown The Downtown design guidelines apply to properties within the Urban Growth Centre. They have general guidance for the entirety of the area as well as area - specific guidelines applying to the four design districts. The site is within the Market Design District (UG4). This district is the smallest of the four design districts, generally bound by Charles, Cedar, Duke and Scott. c) Major Transit Station Areas The Major Transit Station Areas guidelines apply generally for areas surrounding ION Stations. The site is within such an area, being 300 to 400 metres to the Kitchener Market Station. Although the guidelines indicate they do not apply to sites subject to the Downtown guidelines, they are germane to the proposed development and inform design. d) Mid -Rise Buildings The Mid -Rise Buildings guidelines guide the design of mid -rise buildings in the city, which are defined as those between 4 and 8 storeys in height. These guidelines are meant to be read in conjunction with the policies of the Official Plan and guidelines of the Urban Design Manual and are meant to be applied on a case-by-case basis. PART C — Design Standards Part C contains design standards with specifications on technical details. Several standards are applicable to the proposed development, including those for parking structures, access, surface parking, outdoor lighting, barrier -free accessibility, pedestrian and transit - supportive development, rooftop mechanical equipment, emergency services, landscaping and natural features, storm water management facilities and landscape design. These technical aspects of the detailed design will be evaluated at a later stage of the review process through Site Plan Approval. L-Dowllto n Urban Design Brief Revised 1 276 King Street East I GSP Group, May 2022 Page 118 of 520 3.3 Central PARTS Plan Kitchener's Planning Around Rapid Transit Stations (PARTS) plans provide a more land use and design direction for each of the ION Station Areas within Kitchener. They are meant to provide more specific land use policy direction from that of the general Major Transit Station Area policies in the Regional Official Plan and the 2014 Kitchener Official Plan. The PARTS Central Plan was approved by City Council in 2016, which includes the subject site. Largely a land use planning document, three parts of the PARTS Central Plan, include urban design references for development within the area: • Section 4 contains broader objectives including place -making directives, • Section 8 contains urban design considerations for new development, and • Section 9 contains design intent for different streetscapes within the area, including King Street and Eby Street. Urban Design Brief Revised 1 276 King Street East I GSP Group, May 2022 Page 119 of 520 4. Site and Building Design Overview 4.1 Building Positioning The building is positioned to continuously line the King Street and Eby Street edges. Along King, the building's ground floor footprint continues the pattern set by the abutting property (270 King), set back between 0.8 and 1.4 metres generally. Above, the building wall of the 2nd through 4th storeys along King project over the ground floor, extending to the property line. Along Eby, the building sits largely at the property line, recognizing the ground recessions created for covered entranceways for the residential and main commercial doors and the upper storeys at the King and Eby corner pull back from the property line for relief. On the western side, there is a general 1.2 metre setback to the northern property line containing a gated walkway. The building is set back 4.2 metres from the eastern property line shared with 14 Eby Street North. _ 3152'35"E z 3.389 rn Vol o e1o■r.*e■e a f" z p P neNcw. 1,3/...J O O � to Q•,f]fC•�• f 0 50 N32'04'20'E 1>.eiri' . + N., t,e■ . r ��.rr r . . � • •. ®cvcLs . CONC_ WALKWAY _ STOR E / z gyp■__ o Z 0 co M M M M 0a --I 7 STOREY COMMERCIAL / RESIDENTIAL BUILDING I w. • .gra N3734'35"E 22.397 N32'34'35'E I, E%. CONC. SIDEWALK EBY STREET a r PRINCIPAL ENTRANCE N O ■ 1',4ys�Fv -uF_ FN � 4AM_F 3 FIFE-.c...'Evi ✓Fi M:ieAi. ENTR E T6 BU'S�N4 I w. • .gra N3734'35"E 22.397 N32'34'35'E I, E%. CONC. SIDEWALK EBY STREET a N O ■ 497 Urban Design Brief Revised 1 276 King Street East I GSP Group, May 2022 Page 120 of 920 4.2 Building Scale and Massing The proposed development has been redesigned to better integrate with surrounding properties. The proposed building mass has a smaller building ground floor footprint of approximately 330 square metres, measuring generally 10.75 metres wide by 30 metres long, owning to the narrow footprint of the subject site. At the King Street edge, the building is 23.92 metres to top of 7th floor roofline (plus 3.65 metres to recessed mechanical penthouse). The northeast corner of the building along Eby Street sits up to 1.9 metres lower than the King Street ground floor given the dropping grades from the King Street intersection. Other than the western side along King and surrounding the corner of King and Eby, the building's upper storeys have the same footprint as the ground floor. Along King Street, most of the building wall of the upper storeys projects 1.2 metres above the ground floor footprint as an overhang of the pedestrian realm. Extending around corner, the upper storeys project past the recessed ground floor at the corner, which sits 2.25 metres and 1.15 metres, respectively, at their shallowest from the King and Eby ground walls. LEVER 1 W9s0 — r LEVELS _ X670 EWL 2 4420 - 3i LOSBY x I -� L,EVEL1 x -1310 .1340 � r LEVEE I low 900 The apparent scale and massing of the proposed building has been redesigned to ensure that proposed development is compatible with the adjacent properties and respects the overall streetscape by integrating stepbacks at the 6th and 7th storeys (including mechanical penthouse stepped back further), glass curtain wall systems from top to bottom to soften the building design, increased appearance of glazing on street -facing elevations and recessed building entrances to reinforce human scale. A clear distinction and articulation in massing of the proposed building is expressed between the base, middle and top (mechanical penthouse) using horizontal and vertical projections along the street -facing building elevations. The proposed building maintains the recommended 45 - degree angular plane to King Street (far side -sidewalk), with step -backs at 1.0 metre and 3.6 metres to the glass railing and building's edge, respectively for the 6th storey and an additional 5.5 metres for the 7th storey. The fully enclosed mechanical penthouse is positioned entirely outside of that angular plane with further step -backs from the 7th storey rooftop of more than 5.5 metres. Approximate 45 angular plane 0 " .o Mo. Urban Design Brief Revised 1 276 King Street East I GSP Group, May 2022 rel M M "Lill] Urban Design Brief Revised 276 King Street East GSP Group, May 2022 -1 Corner of King Street and Eby Street facing side Page 122 of 920 Eby Street facing side TRY I ZI LOW i000 .a 0 Urban Design Brief Revised 1 276 King Street East I GSP Group, May 2022 Page 123 of 8�0 mill TRY I ZI LOW i000 .a 0 Urban Design Brief Revised 1 276 King Street East I GSP Group, May 2022 Page 123 of 8�0 Frederick Street facing side SLEVEL 6 , 1J9J0 LEVEL 7 , 2(M70 ■ 7420 L , f I]�]0 q A LEVELS , 1170 LEVELI , 0970 ■ LEAL 3 , ■ 7670 LEVEL 1 , 6120 LEVEL) , 0 r4340 -1 }1p LEVEL I LOw 4900 6ASFMNE ♦ IA20 Duke Street facing side Page 124 of 920 o o LEVEL B 23920 O Q LEVEL,2 M67C ® O i�i♦ LEVEL6 7120 ( d fi O_— _ � LE VELI 11170 �.. _._ V * LEVEL 1 10920 a — — Q ♦ LEVEL j1 7670 - Q �I ... .. . ........ .__. .._. , LEVELJ_, 1140 7 p 7 i _— _ _ _ _ ♦ LEVEL) 0 �♦ L066T .1 J40 ,. LEVEL I Low >z =190P _ _ _ , BASEMENT low 7 Urban Design Brief Revised 1 276 King Street East GSP Group, May 2022 Duke Street facing side Page 124 of 920 Upper Storeys and Rooftop Articulation mil r lo Urban Design Brief Revised 1 276 King Street East I GSP Group, May 2022 Page 125 of 920 4.3 Access and Circulation Pedestrian entrance to the main commercial unit is situated at the site's corner of King and Eby, easily accessed by both public sidewalks. The entrance to the residential lobby is mid -building on the eastern side, accessed directly from the Eby public sidewalk (and co - located with stairwell egress and a second entrance to the main commercial unit). The entrance to the smaller commercial unit is located on the building's northern side, accessed from a concrete walkway lining the building leading to the Eby public sidewalk. The only vehicular access to the site will be a single loading space from Eby Street North, per the below. Cyclists will access the site by the concrete walkways lining either the northern (from Eby) or western (from King) sides of the building. These walkways provide access to the outdoor or indoor bicycle parking, per the below. 4.5 Loading and Service One loading space is provided along the northern end of the building, providing access to the building interior (through the bicycle storage area) and the two deep well collection enclosures in the northwest corner of the site. Main commercial unit entrance FUTURE COMMERCIAL sem ANlli 4.6 mar rarKing The proposed building will be a car -free development with no parking for cars provided on site, instead relying on proximity to the ION Grand River station, bus routes and active transportation infrastructure nearby. Bicycle Parking An indoor bicycle storage room (33 spaces) is in the building's northwest corner with access internally through the lobby as well as externally by way of the walkway along the northern building edge. Additionally, two outdoor racks (12 spaces) provided in the northwest corner near the end of the loading space. Second commercial unit entrance Bicycle storage entrance Residential entrance BICYCLE STORAGE X LOBBY _ F] FUTURE COMMERCIAL FE m r� Urban Design Brief Revised 1 276 King Street East I GSP Group, May 2022 Page 126 of 8k 4.8 Building Materials and Articulation The proposed design employs a contemporary aesthetic regarding the selection and application of materials. Core cladding materials includes clear glass and metal siding panels with other accenting materials throughout. Clear glass is predominant for most of the public -facing elevations interposed with darker spandrel panels for accent effects. The ground floor facing King and Eby is entirely a glass treatment. Projecting patterns of lighter grey aluminum cladding frame window bays above the ground moving up the mid -rise form. Continuous clear glass element (with darker spandrel accents) through building height as corner feature Clear glass ground floor (King & Eby) predominately with spandrel panel accents The corner of King and Eby is pronounced in the architecture with a continuous glass feature through the building height to the ground floor, the above recessions and the main commercial unit entrances and ground floor overhang. A series of cornice lines capped with darker aluminum cap horizontal lines mid -building and along the roofline. Darker aluminum cladding for mid- and roofline cornices F Projecting elements of lighter grey metal siding through mid- portion of building (King & Eby) Rhythm of clear glass window bays with dark spandrel accents Clear glass entrance door and windows Urban Design Brief Revised 1 276 King Street East I GSP Group, May 2022 Page 127 of 920 Q1 ! r ° ■. �� 11 IN mom o » M■ D NINE M■ 0 I mom 0 lid �■ � ■ � 2M ME F"70A I in son 7i`�i �_ �� �l•�,■�� �■fir e �■ ■rV01111101 Ie■ a III - 'no M! M■ ■ MIME IN .� o 1110 al MATERIALS LEGEND Elm IN 101111 T� CORRUGATED METAL SIDING PRECASICONCREIEWALTPANELS O2 ALUMINUM COMPOSITE PANEL. O TEMPERED GLASS GUARD O3 SEALED DOUBLE GLAZING SET IN THERMALLY BROKEN CONCRETE COLUMN PREFIM[SHED EXTRUDED ALUMINUM FRAMING �� TYPE CLEAR l"1' O POURED CONCRETE WALL 38 TYPEB-SPANDREL PANEL O PREFINISHEDALUMINUMSUNSHAD€ est Elevation (facing King) Urban Design Brief Revised 1 276 King Street East I GSP Group, May 2022 Page 128 of 920 KE LEvE�a- 23920 L LEVEL 7 20670 a L.. LEVEL 6_ 17420 LLEVELS- 14170 a L LEVEL 4 _ 10920 L LEVEL H- 7670 L LEVEL 2, 4420 C Ims ❑0 R (D Q Q 5L l LOaev _ LEVEL 1 LOW 14J - RAccu— a Urban Design Brief Revised 276 King Street East GSP Group, May 2022 East Elevation (facinq loadinq space) MATERIALS LEGEND OCORRBGATEO METALSIOINO O PRECAST CONCRETE WALL PANELS O ALUMINUM COMPOSITE PANEL O TEMPERED GLASS GUARD O SEALED DOUBLE GLAZING SET IN THERMALLY BROKEN O CONCRETECOLUMN PRE -FINISHED EXTRUDED ALUMINUM FRAMING O TYPE A -VISION PANEL - CLEAR O POURED CONCRETE WALL 3B TYPEB-SPANOREtPANEL O PREFINISHED ALUMINUM SUNSHADE o Q North Elevation (facing interior) 0 — _- o ' Q e Page 129 of 620 `-',treetscape and Landscape Design The building's footprint on this small, narrow site limits opportunity for plantings and streetscape elements. Detailed plans have not been explored at this time. The building positioning, ground floor commercial units, and glass transparency support an animated streetscape along King Street and Eby Street. There are opportunities for movable planters along the building's King Street overhang and coordination of paving treatments with public sidewalk along this area. There are similar opportunities in the recessed space surrounding the main commercial entrance at King and Eby, as well those for modest furnishings and distinct pavement treatment for delineation of the private and public realms. Urban Design Brief Revised 1 276 King Street East i GSP Group, May 2022 Page 130 of 620 5. Microclimate Analysis 5.1 Shadow Analysis Shadow Analysis is a complete application submission requirement per the site's Pre -Submission Consultation meeting. The Mid -Rise Building guidelines identify that shadow analysis should demonstrate how the proposed building maintains "daily access to at least 5 hours of cumulative direct sunlight under equinox conditions" on nearby public spaces, open spaces and sidewalks, as well as targeting same for adjacent low-rise properties. To demonstrate this, shadow impact graphics are provided in Appendix A for March 21, June 21, September 21 and December 21 from 10am to 6pm (or 2pm for December 21). The below analysis of equinox conditions (and Summer Solstice for reference) demonstrates the impacts are acceptable and provide sufficient sun exposure per the Mid -Rise Guidelines guidance. In summary, the proposed building: • Maintains more than 5 hours of sunlight on the Kitchener Market Plaza across Eby Street and does not affect any other public open spaces. • Maintains more than 5 hours of sunlight on affected public sidewalks on both sides of King and Eby. • Respects the intended target of 5 hours of sunlight, generally, for adjacent low-rise properties recognizing that tight urban form and as -of -right shadow impacts. BUILDING Kitchener Market King Sidewalks Eby Sidewalks Adjacent Low -Rise IMPACTS Plaza Properties ON: March 21 None between 10am Opposite — None Opposite — None 270 King — None between to 4pm periods (7+ between 10am to 6pm between 10am to 4pm 4pm to 6pm (likely 4 hours) periods (9+ hours) periods (7+ hours) hours) Adjacent — None Adjacent — None 14 Eby — None at 10am; between 12am to 6pm between 10am to 2pm generally none in rear periods (7+ hours) periods (5+ hours) yard at 4pm and 6pm; minimal in rear yard at 12pm June 21 None between 10am Opposite — None Opposite — None 270 King — None between to 4pm periods (7+ between 10am to 6pm between 10am to 2pm 2pm to 6pm (5+ hours) hours) periods (9+ hours) periods (5+ hours) 14 Eby - None at 10am Adjacent — None Adjacent — None and 12pm; generally none between 12am to 6pm between 10am to 2pm in rear yard at 4pm and periods (7+ hours) periods (5+ hours) 6pm September None between 10am Opposite — None Opposite — None 270 King — None between 21 to 4pm periods (7+ between 10am to 6pm between 10am to 2pm 4pm to 6pm (likely 4 hours) periods (9+ hours) periods (5+ hours) hours) Adjacent — None Adjacent — None 14 Eby — None at 10am; between 12am to 6pm between 10am to 2pm generally none in rear periods (7+ hours) periods (5+ hours) yard at 4pm and 6pm; minimal in rear yard at 12pm Urban Design Brief Revised 1 276 King Street East i GSP Group, May 2022 Page 131 of 620 5.2 Pedestrian Wind Analysis SLR Consulting prepared the Pedestrian Wind Study as part of the complete application requirements for the proposed development. The Assessment investigated the potential wind comfort and safety conditions resulting from the proposed development, based on a qualitative numerical analysis of existing and proposed conditions, and recommends mitigation measures as necessary. A detailed wind study will be undertaken during the site plan review process and mitigation techniques identified through the detailed wind study will be implemented through detailed building design and site plan review process. The Study makes the following conclusion. • The wind safety criterion is predicted to be met in all locations in both the Existing and Proposed Configurations. • Wind conditions at the main and secondary entrances to the proposed building are expected to be suitable for the intended usage throughout the year. • On the sidewalks surrounding the proposed development, wind conditions are anticipated to be suitable for the intended usage throughout the year. • In the nearby Kitchener Market and Yeti Cafe, wind conditions are predicted to be similar between the Existing and Proposed Configurations. Predicted Wind Comfort ❑ Sitting ❑ Standing ❑ Leisurely Walking Fast Walking Uncomfortable OResidential Entrance 13 Commercial Entrance Osecondary Entrance/Exit Figure 5, Summary of predicted wind comfort conditions —Grade Level Worst case — Winter Season alobA environmental and advisory solution, SLR ' Urban Design Brief Revised 1 276 King Street East I GSP Group, May 2022 Page 132 of 620 f Z 7 STOREY COMMERCIAL 1 Y - RESIDENTIAL BUILDING PRINCIPAL ENTfUNCL EBY STREET NORTH Predicted Wind Comfort ❑ Sitting ❑ Standing ❑ Leisurely Walking Fast Walking Uncomfortable OResidential Entrance 13 Commercial Entrance Osecondary Entrance/Exit Figure 5, Summary of predicted wind comfort conditions —Grade Level Worst case — Winter Season alobA environmental and advisory solution, SLR ' Urban Design Brief Revised 1 276 King Street East I GSP Group, May 2022 Page 132 of 620 6. Response to Policy and Guideline Framework Response to Official Plan Policy The proposed design responds to the design direction of the Urban Growth Centre (Downtown) designation in that the proposed mid -rise building: 3.2 Response to Urban Design Manual Guidelines Inclusive Design • Infills an existing void in the King Street streetscape with a new building that is positioned, articulated, and containing ground floor commercial uses to support • the public realm of King Street. • Fits within the existing and emerging context, scaled to respect the proportions of King Street through upper storey stepbacks and demonstrating no adverse shadow or wind impacts. • Prioritizes walking and public transit use with no parking provided in the building and generous bicycle parking facilities. • Provides a quality, articulated and contemporary building architecture that complements the surrounding area. The proposed mid -rise building does not compromise the Market District's ability to maintain the "unique village -like setting anchored by market uses". Rather, it complements this function with an appropriately scaled intensification that infuses new residents in this portion of Downtown Kitchener with ground floor commercial uses in keeping with the Market District policies. The proposed mid -rise building is designed in keeping with the design policy direction of Official Plan Section 11, as further explored in detail as part of the Urban Design Manual analysis in the following section. This Urban Design Brief, per Official Plan Section 17.E.10.5, demonstrates that the proposed development is a compatible addition to the Market District, as outlined below and that there are no expected privacy impacts given the abutting properties are converted residential dwellings for commercial purposes (together with the fact that no proposed residential units face onto the interior northern property line). CITY-WIDE �)VIV1v i Guv. MAJOR TRANSIT STATION AREAS MID -RISE BUILDINGS Direct connections between the building interior and residential or commercial spaces and the abutting public sidewalks on King and Eby. Pedestrian -scale lighting to be defined at detailed design stage. • Uninterrupted sight lines from the building faces to public sidewalks along King and Eby, featuring a highly transparent building elevations at the ground floor and above for natural surveillance purposes. • Ground floor commercial units fronting directly onto King Street or Eby Street, animating the street with people and activity. • Prominent, protected entrance vestibules to the main commercial units and residential lobby with generous outdoor landing area. • Accessible routes that will be universally designed at the time of detailed design. • Provides smaller one -bedroom units catering to the specific market set looking for urban lifestyle options in an accessible location without the need for parking. • Public art installations, either in the building or on the site, have not been explored at this time. • Common outdoor rooftop terrace atop the 7th floor for use by all residents. Smart City Design CITY-WIDE • Details of building interiors and building/site infrastructure not known at this time. Urban Design Brief Revised 1 276 King Street East I GSP Group, May 2022 Page 133 of 6M Site Function CITY-WIDE MAJOR TRANSIT STATION AREAS MID -RISE BUILDINGS • No parking proposed for the building, eliminating any design considerations for access and screening. Proposed design provides for on-site utility equipment and elements to be in rear or side area behind the building and away from public frontage, which is to be addressed at the time of detailed design. Private realm along King Street frontage between building and public sidewalk to be coordinated surface treatment for additional pedestrian space. Main commercial unit entrance located prominently at corner of King and Eby, recessed on the ground floor to provide weather protection and landing space for entrance and exit. Residential entrance located prominently mid -point on the Eby Street side, also recessed on the ground floor to provide weather protection and landing space for entrance and exit. Functional areas (garbage, loading, moving) positioned away from the King Street frontage and corner interface with Eby Street. • Deep well garbage/recycling facilities access through site walkways without need to cross loading space. • Interior bicycle storage room and outdoor bicycle parking racks in the building's northwest corner co - located in a secure and easily accessible location. • Entrances and landing spaces in front of entrance to be designed to universal accessibility standards. Design for Sustainability CITY-WIDE MAJOR TRANSIT STATION AREAS MID -RISE BUILDINGS • Compact intensification of undeveloped site within an area that is served by existing transit, commercial and community uses. • Site is within walking distance (300 to 400 metres) to the two-way ION Kitchener Market station and near multiple stops of a higher frequency transit route (Route 7). • Site is connected to employment, residential and institutional locations in the immediately surrounding area and throughout Downtown Kitchener. • There are multiple active transportation connections in the vicinity with sidewalks and bicycle facilities, plus the Iron Horse Trail is situated approximately one kilometre to the southwest. • No parking, surface or structured, proposed for the building reducing associated heat island effects and emissions. • Indoor bicycle storage rooms and outdoor bicycle racks providing secure locations and supporting active transportation opportunities. • Stormwater on the site will be controlled through on- site measures to reduce peak flows to existing conditions levels, limiting pressures on the existing on the Eby Street sewer. • Architectural features (such as canopies and building overhangs) shown on plans, while building envelope considerations (Increased insulation, high- performance glazing, and lower window -to -wall ratio) to be explored through detailed design. • Material choice and detailing addresses bird collision avoidance guidelines, which can be further explored through detailed design. Deep well waste and recycling collection areas to encourage the collecting and recycling of waste produced by residents and tenants. Urban Design Brief Revised 1 276 King Street East I GSP Group, May 2022 Page 134 of 620 Design of Outdoor Comfort CITY-WIDE MAJOR TRANSIT STATION AREAS MID -RISE BUILDINGS • The Pedestrian Wind Assessment demonstrates acceptable safety and comfort conditions around building entrances, on sidewalks, at the Kitchener Market and on surrounding commercial properties. • The Shadow Analysis demonstrates acceptable sun exposure conditions for affected sidewalks, public spaces, and adjacent low-rise properties. • Building design addresses pedestrian weather protection through recessed vestibules from public sidewalks and generous covered landing spaces. • Lighting and landscape plans at the time of detailed design will address pedestrian comfort guidelines. Shared Spaces CITY-WIDE MAJOR TRANSIT STATION AREAS MID -RISE BUILDINGS • A rooftop outdoor terrace (129 square metres in area) atop the 7th storey will provide shared amenity space for residents. • Balconies are not provided on the building. Street Design [a]IVATaa.» MAJOR TRANSIT STATION AREAS • Detailed landscaped design will explore opportunities for blending surface treatments between private property and public sidewalks. • Consideration of movable planters and furnishings in certain locations to add to the streetscape will be explored through detailed design. • Juliet balconies are proposed for every unit, plus a full Parks and Open Spaces CITY-WIDE MAJOR TRANSIT STATION AREAS • These guidelines are not relevant for the subject site. Compatibility CITY-WIDE DOWNTOWN MAJOR TRANSIT STATION AREAS MID -RISE BUILDINGS The proposed building is placed and massed to both public street frontages, with architectural response to the corner intersection through a recessed corner entrance and glass corner feature in the upper storeys. • Proposed building setback along King Street aligns generally with the abutting property (270 King) with cantilevered upper floors projecting past and covering the space below. • The proposed building's upper storeys along King Street is massed to respect a general 45 angular plane to King Street (far -side sidewalk) respecting the desired urban proportions. • The proposed mid -rise form fits within the mixed context of low-rise main street forms, larger scale community, commercial and office buildings, and converted low-rise residential buildings for commercial uses. • Human scaled -relationship along King Street and Eby Street achieved through ground floor height, uses and activities, and exterior wall transparency as well as covered pedestrian entrances and areas. • The contemporary architectural style, detailing and materiality is meant as a complement rather than replication of styles and materials in context, particularly given the mixed nature of styles and materials. balcony for the 7th level unit fronting King. There are no existing or planned mid -rise or tall buildings affecting the site from a Relative Height or Urban Design Brief Revised 1 276 King Street East I GSP Group, May 2022 Page 135 of 620 Separation perspective Component below). Cultural & Natural Heritage (addressed in Building CITY-WIDE MAJOR TRANSIT STATION AREAS MID -RISE BUILDINGS • There are no immediate or relevant heritage resources affecting the site's design. • There are no natural heritage areas in the vicinity • Some existing trees along western property edge (abutting 270 King building) on the subject undeveloped, which would have to be removed for construction. Built Form CITY-WIDE DO�AINTOWN MAJOR TRANSIT STATION AREAS • Proposed building provides a respectful. contemporary architectural form that complements the existing traditional styles, more recent additions and emerging character in the broader Market District and surrounding area. • The proposed building footprint continuously lines the King Street ad Eby Street edges to the property's full extent except for the side walkway along King Street and loading space entrance along Eby. • Building footprint is massed intimately with the King Street and Eby Street property edge, the former set back 1.1 to 1.4 metres with projecting upper storeys and the latter set at the property line. • Building form "carved out" at the corner of King and Eby for sightlines purposes and architectural effect at the prominent corner. • King Street -facing upper storeys project 1 metre past ground floor footprint (to the property line generally) for weather protection and providing to building elevation. • Uppermost floors (61h 71h and Mechanical Penthouse) from King Street edge stepped back to respect the intent of the 45 angular plane from King Street from far -side sidewalk (3.6 metres to 5.5 metres per step) • Architectural expression at most prominent King and Eby intersection created by depth of projections and recessions, glass curtain wall system feature, and main commercial entrance oriented to the corner. • Design employs a contemporary aesthetic for selection and application of materials. • Core cladding materials includes clear glass and metal siding panels with other accenting materials throughout. Clear glass is predominant for most of the public -facing elevations interposed with darker spandrel panels for accent effects. • Ground floor elevations facing King and Eby are highly transparent with an entirely glass treatment. • Projecting patterns of lighter grey aluminum cladding frame window bays above the ground moving up the mid -rise form and provide variety and depth to building mass. • A series of cornice lines capped with darker aluminum cap horizontal lines mid -building and along the roofline. Building Components (Ground Floor Design) IIID -RISE BUILDINGS • Ground floor respects intent of guidelines with taller ground floor height, ranging between 4.42 metres along King Street up to 6.32 metres along Eby Street. • Most of the ground floor facing King Street and Eby Street is designed as commercial space, with the remainder as the active residential lobby entrance. • Ground floor design "flows" from building interior to streetscape through ground floor commercial uses, coordinated surface treatment and continuous window treatment. Urban Design Brief Revised 1 276 King Street East I GSP Group, May 2022 Page 136 of qk Building Components (Base Design) MID -RISE BUILDINGS • Proposed building base is narrow (11 metres) and short (29 metres) in keeping with the guidelines. • Proposed building base picks up grade through taller ground floor heights. • Visual variety of the building base is achieved through a combination of architectural depth created through projections of materials and architectural elements, recessions of building entrances and canopies, and a coherent and continuous pattern of materials throughout the building base. • The rhythm of divisions and fenestration on the street - facing elevations respect the fine-grained rhythm along King Street generally. • Servicing elements and utility equipment, where required, can be accommodated in the rear area away from the King and Eby street edges. • Recessed entrances and projecting upper storeys along King Street provide weather protection for pedestrians. • Balconies for individual units were not prudent given the unique nature of the narrow building. • Structured parking is not proposed for the building. • The proposed building base is set to align generally with the existing pattern established to the north along King Street (270 King). Building Components (Building Design) MID -RISE BUILDINGS • Proposed design includes a "single -loaded" floor plan with no units facing into the lot interior to the north. • Physical Separation calculation per guidelines for proposed building is 4.1 metres (27.3 metres height times 29.91 metres length). • Separation to northern property line abutting 270 King Street is not achieved; however, there are no units proposed with windows facing that direction and the challenges of main street form and limitations would limit development. • Stepbacks provided on the principal King Street corridor respecting 45 degree angular plane from far - side sidewalk. • Rear and side stepbacks are not proposed given the narrow lot size and unique nature of proposed building floor plans. • Integrated mechanical penthouse positioned away from the King and Eby intersection and will be surrounding by communal outdoor rooftop terrace atop the 7 1 floor. Building Components (Materials and Details) MID -RISE BUILDINGS • The architectural design incorporates contemporary, cohesive, and clean palette of attractive and durable materials. • Durable glazing and metal materials are the core materials in a modern aesthetic of grey colours. • Materials are used to accentuate the depth of the building elevations coinciding with projecting elements. Market District Specific • Proposed building form fits with the stated character featuring "a variety of building types, uses, sizes and styles". • Proposed ground floor uses, and exterior transparency contributes the intended primary retail and pedestrian function of King Street continuing the established pattern on this undeveloped lot. • Separation to the eastern property line abutting 14 King Street continues to act as a primary retail and Eby Street North is achieved. pedestrian/cyclist route. Urban Design Brief Revised 1 276 King Street East I GSP Group, May 2022 Page 137 of 6 -LO • Proposed building scale contributes to the desired priority for a "mid -rise connective fabric along King Street' with a compatible form per the discussions above and contributing to the pedestrian experience along King and Eby. • Proposed height accommodates the desired "low -to - mid rise human scaled built form along streetscapes" while accommodating compatibility matters. • New vehicular access is not proposed from King Street per the guideline direction. PARTS Central Specific MAJOR TRANSIT STATION AREAS • The proposed building fills in the existing streetscape void on King Street resulting from this undeveloped lot with a street -oriented, transparent building form that provides for attractive, safe, and comfortable pedestrian movements. • The proposed building is generally aligned with the building to the west (270 King), continuing the streetscape pattern. • Except for coordinated paving treatments and movable planters and furnishings on the private property, there is limited opportunity for public realm enhancements given the building pattern. • The proposed building (on a site on the north side of King Street) reinforces pedestrian activity through building placement, design, and architectural finish. • The proposed building (on a site on the north side of King Street) supports transit given its proximity to the ION station, bike parking facilities and no parking provided • The proposed building (on a site on the north side of King Street) provides a mid -rise building form that is compatible with the surrounding existing and emerging context, as outlined above. • No structured parking or vehicular access is proposed along King Street. Urban Design Brief Revised 1 276 King Street East I GSP Group, May 2022 Page 138 of 620 7. Summary The proposed 7 -storey mixed-use building with ground floor commercial uses and residential units in the upper storeys. The building contains 29 units in total in the second through seventh storeys, ranging generally from 550 to 650 square feet in floor space. The proposed development is a car -free building with no parking is proposed for the residential units or commercial unit. Service functions for loading, storage and bicycling parking from the building's rear. Based on the assessment in this Urban Design Brief, the proposed mid -rise building is appropriate and reflects good urban design. It respects the design policy and guideline direction of the Kitchener Official Plan and the multiple layers of the Kitchener Urban Design Manual, most particularly the Downtown (and Market District) guidelines and the Mid -Rise Building guidelines. Particularly, the proposed design: • Embraces the site's context of excellent transit proximity to ION Kitchener Market Station and local bus routes through a street -oriented building form and a car -free building with ample bicycle parking facilities. • Adds further ground floor commercial activities to supports for Kitchener Market and surrounding business environment, together with upper storey residential uses to use these businesses. • Provides a distinct proposed building form on a narrow void within the King Street streetscape. • Establishes street -oriented design at a prominent corner site with building massing lining both public streets, street active ground floor uses and activities, and ground floor transparency elevations. • Provides massing that respects urban street conditions along King Street with upper storeys of building set back to respect angular plane considerations to the street. • Employs a contemporary architectural aesthetic of form and materials that complements the existing and emerging district as part of Downtown Kitchener. Urban Design Brief Revised 1 276 King Street East I GSP Group, May 2022 Page 139 of _1�20 APPENDIX A Shadow Impact Graphics Urban Design Brief 1 276 King Street East I GSP Group, April 2022 Page 140 of 520 NOTICE OF PUBLIC MEETING Attachment D ) fora development in your neighbourhood 276 King Street East Concept drawing 7 Storey Residential Commercial Building Upper Floors Ground Floor Have Your Voice Heard! Date: June 13, 2022 Time: 4:00 p.m. Location: Virtual Zoom Meeting To view the staff report, agenda, find meeting details or to appear as a delegation, visit: kitchener.ca/meetings To learn more about this project, including information on your appeal rights, visit: www.kitchenenca/ pla n n i nga ppl ications or contact: Andrew Pinner Senior Planner 519.741.2200 x 7668 andrew.pinnell@ kitchener.ca The City of Kitchener has received applications to change the Official Plan and Zoning By-law to permit a 28.5 metre high (7 -storey) mixed-use building with ground floor commercial uses and 29 dwelling units within the upper storeys. The building has a floor space ratio of 4.8. The applications request to not provide any parking for motor vehicles, but to require 33 long-term bicycle parking spaces and 12 short-term bicycle parking spaces. A holding provision is also requested to prevent development until a detailed noise stud has been submitted to and approved by the Region. Page 141 of 920 Attachment E - Department & Agency Comments Andrew Pinnell From: Sandro Bassanese Sent: Wednesday, May 11, 2022 3:41 PM To: Andrew Pinnell Subject: 276 King St E Design Brief Hey Andrew The following changes are required to the design brief. • Pg 12. The angular plane is not taken from the centerline of road it is to be confirmed that it was taken from the adjacent property line across the ROW and the accurate width of the ROW is to be noted as well. • The wind study section is to have the following note added: A detailed wind study will be undertaken during the site plan review process and mitigation techniques identified through the detailed wind study will be implemented through detailed building design and site plan review process. Please let me know if you have any questions or concerns. Regards Sandro Bassanese Supervisor Site Plan I Planning Division I City of Kitchener 519-741-2200 ext. 7305 1 TTY 1-866-969-9994 1 sand ro.bassanese(cDkitchener.ca 00OV00060 Page 142 of 520 City of Kitchener - Comment Form Project Address: 276 King Street East Application Type: Official Plan and Zoning By-law Amendment Comments of: Environmental Planning (Sustainability) — City of Kitchener Commenter's name: Carrie Musselman Email: carrie.mussel man@kitchener.ca Phone: 519-741-2200 x 7068 Written Comments Due: March 5, 2021 Date of comments: February 25, 2021 1. Plans, Studies and/or Reports submitted and reviewed as part of a complete application: • Sustainability Statement, Official Plan Amendment and Zoning By-law Amendment, 276 King Street East. October 16, 2020. GSP Group. 2. Comments & Issues: I have reviewed the supporting documentation (as listed above) to support an Official Plan and Zoning By-law Amendment to facilitate the development of a 7 -storey mixed use building with ground floor commercial uses, with no parking at 276 King St. E. and provided the following: • Although the Ontario Building Code (OBC) is progressive, going forward all developments will need to include energy conservation measures as the City (and Region of Waterloo) strive to achieve our greenhouse gas reduction target. • It is recommended that the applicant explore programs or measures best suited to the site and development that go beyond the OBC to further energy conservation, generation, operation and would benefit future residents / tenants. • Program certification is not required but is encouraged. Programs (or components of) that could be explored are: a. Energy Star for Buildings (15% more efficient then OBC) b. R-2000 (50% more efficient then OBC), c. Net Zero Ready (80% more efficient then OBC) d. Net Zero (100% more efficient then OBC) e. LEED (equivalency rating would be sufficient if not seeking certification) Based on my review of the supporting documentation the proposed Official Plan and Zoning By-law Amendment can be supported. 1IPage Page 143 of 520 3. Conditions of Approval in Principal (AIP) and Full Site Plan Approval: Conditions of Approval in Principal • A revised sustainability statement incorporating comments provided. Conditions of Full Site Plan Approval • The Sustainability Statement is approved. 4. Policies, Standards and Resources: • Kitchener Official Plan Policy 7.C.4.4. Development applications will be required to demonstrate to the satisfaction of the City, through the completion of a Sustainability Report/Checklist in accordance with the Complete Application Requirements Policies in Section 17.E.10, that the proposal meets the sustainable development policies of the Plan and that sustainable development design standards are achieved. • Kitchener Official Plan Policy 7.C.4.5. The City will encourage and support, where feasible and appropriate, alternative energy systems, renewable energy systems and district energy in accordance with Section 7.C.6 to accommodate current and projected needs of energy consumption. • Kitchener Official Plan Policy 7.C.6.4. In areas of new development, the City will encourage orientation of streets and/or lot design/building design with optimum southerly exposures. Such orientation will optimize opportunities for active or passive solar space heating and water heating. • Kitchener Official Plan Policy 7.C.6.8. Development applications will be required to demonstrate, to the satisfaction of the City, energy is being conserved or low energy generated. Such studies may include, but not limited to an Energy Conservation Efficiency Study, a Feasibility Study for Renewable or Alternative Energy Systems, District Heating Feasibility Study, and the completion of a Sustainability Report/Checklist in accordance with the Complete Application Requirements Policies in Section 17.E.10. • Kitchener Official Plan Policy 7.C.6.27. The City will encourage developments to incorporate the necessary infrastructure for district energy in the detailed engineering designs where the potential for implementing district energy exists. S. Advice: • As part of the Kitchener Great Places Award program every several years there is a Sustainable Development category. Also, there are community-based programs to help with and celebrate and recognize businesses and sustainable development stewards (Regional Sustainability Initiative - http://www.sustainablewaterlooregion.ca/our-programs/regional-sustainability- initiative and TravelWise - http://www.sustainablewaterlooregion.ca/our-programs/travelwise). • The ENERGY STAR® Multifamily High -Rise Pilot Program for new construction is a new five-year certification program in Ontario that recognizes buildings that are at least 15% more energy- efficient than those built to the provincial energy code and meet other program requirements. More information can be found online at https://www.nrcan.Rc.ca/energy- efficiency/buildings/new-buildings/energy-starr-multifamily-high-rise-pilot-program/21966 21 Page Page 144 of 520 Andrew Pinnell From: Michelle Drake Sent: Monday, March 15, 2021 2:04 PM To: Andrew Pinnell; Sandro Bassanese; Barbara Steiner; Victoria Grohn Subject: RE: Circulation for Comment - OPA/ZBA (276 King Street East) No heritage planning concerns. m From: Andrew Pinnell <Andrew.Pinnell @kitchener.ca> Sent: Monday, March 15, 202112:58 PM To: Sandro Bassanese <Sandro.Bassanese@kitchener.ca>; Barbara Steiner <Barbara.Steiner@kitchener.ca>; Victoria Grohn <Victoria.Grohn@kitchener.ca>; Michelle Drake <michelle.drake@kitchener.ca> Subject: FW: Circulation for Comment - OPA/ZBA (276 King Street East) Hi Sandro, Barbara, and Victoria/Michelle, Please let me know if you have any comments regarding the attached/below OPA/ZBA. If you think it would be helpful to meet to discuss this proposal, please let me know and I'll set up a meeting. Thanks! Andrew Pinnell, MCIP, RPP Senior Planner I Planning Division I City of Kitchener 519-741-2200 x7668 I TTY 1-866-969-9994 1 andrew.pinnell(cDkitchener.ca r,K r r TUIbe " Page 145 of 520 Andrew Pinnell From: Mike Seiling Sent: Monday, March 15, 2021 1:12 PM To: Andrew Pinnell Subject: RE: 276 King Street East - RSC & building permit issuance Hi, Building Division; no comments related to redevelopment at 276 King St E. Mike Page 146 of 520 Andrew Pinnell From: Dave Seller Sent: Thursday, June 24, 2021 3:37 PM To: Andrew Pinnell Subject: RE: Updated - Zoning By-law and Official Plan Amendment Application Comments: 276 King Street East Hi Andrew, For Class A bike parking: Min 29 spaces, if they provided the 33 as noted below from their submitted plan, great. EPICYCLE PARKING REQUIRE.MEIVTS: REv4JIRFD: LONG TERM CLASS A Sz�ACE.S; d SPACE,/LNIT - 1 x 2-9 UNITS — 23 SPACES SHORT TERM CLASS B SPACES: 6 SPACES (MCRE THAN 20 UWS) RESTAURANT: LONG TERM CLASS A SPACES: 1.0 SPACEf TO0m2 GFA = 311.5/100 = 3A = A SHORT TERM CLASS B SPACE'S VRCSTAURAW m 2 x 3. = 6 SPACES PRQMQFDE LONG TERM CLASS A SPACES: 33 SPACE'S (PROVIDED INTERNALLY ADJACENT TO ELEVATORS. VER'n AL '5MPAGE SPACES 0 600mm x S GOrnrrm) SHORT PERM CLASS S SPACE': 12 SPACES (PROV1OE) OEHIND LOADING AREA) Other TDM options, while not mentioned in Salvinis Parking Review and Justification (September 29, 2020) as an option, a bike fix it station internal to the building. Dave Seller, C.E.T. Traffic Planning Analyst I Transportation Services I City of Kitchener 519-741-2200 ext. 7369 1 TTY 1-866-969-9994 1 dave.seller(s:bkitchener.ca 000 000 0 From: Andrew Pinnell <Andrew.Pinnell @kitchener.ca> Sent: Wednesday, June 23, 202111:47 AM To: Dave Seller <Dave.Seller@kitchener.ca> Subject: RE: Updated - Zoning By-law and Official Plan Amendment Application Comments: 276 King Street East Hi Dave You provided these comments back in March and I am just communicating them back to the applicant now. This site is under the old 85-1 Zoning By-law, which doesn't speak to bike parking requirements. It sounds like secure bike parking is something you want me to bring into this ZBA (and I agree). How many secure spots do you want? Also, are there any other TDM measures besides secure bike parking that you want me to bring into this ZBA? Thanks, Andrew Pinnell, MCIP, RPP Senior Planner I Planning Division I City of Kitchener 519-741-2200 x7668 I TTY 1-866-969-9994 1 andrew.pinnell(aDkitchener.ca Page 147 of 520 rHr��i Tube From: Dave Seller <Dave.SelIer@kitchener.ca> Sent: Tuesday, March 16, 20219:26 AM To: Andrew Pinnell <Andrew.Pinnell @kitchener.ca> Subject: Updated - Zoning By-law and Official Plan Amendment Application Comments: 276 King Street East City of Kitchener Zoning By-law and Official Plan Amendment Application Comments Project Address: 276 King Street East Comments of: Transportation Services Commenter's Name: Dave Seller Email: dave.seller@kitchener.ca Phone: 519-741-2200 ext. 7369 Date of Comments: March 16, 2021 a. Transportation Services offer the following comments, regarding the Parking Review and Justification submitted by Salvini Consulting (September 2020). The analysis indicated that 29 parking spaces are required for the residential component under the City of Kitchener's 85-1 zoning by-law, where zero parking is being proposed. While the commercial portion of the building requires zero parking under the City of Kitchener's 85-1 zoning by-law. Therefore, a parking shortfall of 29 spaces exists. The site is located within the D2 zone (downtown) and Salvinis analysis indicated that different alternative modes of transportation is available to reduce vehicle trips to the site such as; existing Grand River Transit, existing ION rail, shared on -street bicycle lanes and pedestrian walkability. Should someone wish to drive to the site, there are several off-site parking options. Two parking garages, one at the Kitchener Market and the second at Charles/Benton. There is also free 2 hour on -street parking available in the area. The analysis also noted that the City of Kitchener s future zoning by-law permits zero residential and commercial parking in the downtown. Therefore, Salvini Consulting has demonstrated through their analysis that the proposed parking rate for this site is reasonable and therefore, Transportation Services can support the parking reduction being sought. b. Recommend that when units are being sold/rented to tenants, that the tenants are notified prior to signing any agreements, that there is no on-site parking being provided for this development. c. The corner visibility triangle (King/Eby) noted on the submitted drawing, A1.1 Site Plan is acceptable. d. Ensure that the Class A indoor secure bicycle parking noted on drawing A2.1 First Floor Plan, conforms to the below dimensions on Illustration 5-2. Page 148 of 520 Illustration 5-2; Bicycle Parkins# Stalls and Access Aisle Dimensions Dave Seller, C.E.T. Traffic Planning Analyst I Transportation Services I City of Kitchener 519-741-2200 ext. 7369 1 TTY 1-866-969-9994 1 dave.sellerCakitchener.ca 000000000 Page 149 of 520 Andrew Pinnell From: Katie Wood Sent: Thursday, February 18, 2021 3:39 PM To: Andrew Pinnell Subject: 276 King St E Attachments: 420079_FSR_276 King Street -2020-10-13 - eng comments.pdf Hey Andrew, Engineering and KU have reviewed the application and we support the following applications: • OPA20/006/K/AP • ZBA20/015/K/AP I do have some notes on the Functional Servicing Report provided. Although it doesn't change my position it may be something to share with the consultant and developer, to get them moving in the right direction. Let me know if you need anything else from me at this time. Sincerely, Project Manager) Development Engineering I City of Kitchener 519-741-2200 ext. 7135 1 TTY 1-866-969-9994 1 katie.wood (s:bkitchen er.ca Page 150 of 520 City of Kitchener Application Comment Form Project Address: 276 King Street East Comments due: March 5, 2021 Application Type: ZBA & OPA Comments Of: Parks & Cemeteries Commenter's Name: Ashley DeWitt Email: Ashley. Dewitt@Kitchener.ca Phone: 519-741-2600 x4182 Date of Comments: February 10, 2021 ❑ I plan to attend the meeting (questions/concerns/comments for discussion) ❑X I do NOT plan to attend the meeting (no concerns) 1. Site Specific Comments & Issues: No Comments. 2. Plans. Studies and Reports to submit as part of a complete Planning Act Application: No Comments. 3. Anticipated Requirements of full Site Plan Approval: No Comments. 4. Advisory Comments: No Comments. 5. Anticipated Fees: Parkland Dedication - Parkland dedication would be deferred to time of Site Plan application is this case, however the site is also located within the City of Kitchener Downtown Core Area and is currently exempt from parkland dedication. - Please note that any changes to the exemption area affecting future site plan applications may require a review of parkland dedication requirements. Choose an item. Page 151 of 520 Andrew Pinnell From: Melissa Mohr <MMohr@regionofwaterloo.ca> Sent: Tuesday, May 17, 2022 5:38 PM To: Andrew Pinnell Cc: Shilling Yip Subject: [EXTERNAL] RE: Stationary noise comments for 276 King Street East Good Afternoon Andrew, I have been able to connect internally with Regional staff on the stationary noise concerns. Shilling has indicated that the noise consultant has been in touch regarding the Region's comments on the noise study and that an addendum will be provided within the next few weeks. As such, staff has no objection to proceeding with a recommendation on the applications at this time, subject to the use of a holding provision to obtain a detailed stationary noise study to the satisfaction of the Region. Please be advised that the holding provision shall not be lifted until such time the Region of Waterloo has accepted the Noise Study. I trust the above is of assistance, but please do not hesitate to contact me should you have any questions regarding the above. Kind Regards, Melissa Melissa Mohr, MCIP, RPP Principal Planner Confidentiality Notice: This email correspondence (including any attachments) may contain information which is confidential and/or exempt from disclosure under applicable law, and is intended only for the use of the designated recipient(s) listed above. Any unauthorized use or disclosure is strictly prohibited. If you are not the intended recipient, or have otherwise received this message by mistake, please notify the sender by replying via e-mail, and destroy all copies of this original correspondence (including any attachments). Thank you for your cooperation. Page 152 of 520 Andrew Pinnell From: Trevor Heywood <theywood@grandriver.ca> Sent: Tuesday, February 2, 2021 1:34 PM To: Andrew Pinnell Subject: [EXTERNAL] RE: Circulation for Comment - OPA/ZBA (276 King Street East) Hey Andrew, This is not regulated by the GRCA and we have no comment. Thanks, Trevor Heywood Resource Planner Grand River Conservation Authority theywood@grand river.ca From: Christine Kompter<Christine.Kompter@kitchener.ca> Sent: Friday, January 29, 20214:18 PM To: Aaron McCrimmon-Jones <Aaron.McCrimmon-Jones@kitchener.ca>; Bell - c/o WSP <circulations@wsp.com>; Dave Seller <Dave.SelIer@kitchener.ca>; David Paetz <David.Paetz@kitchener.ca>; DSD - Planning Division <DSDPlannineDivision@kitchener.ca>; Feds <vped@feds.ca>; Planning <plannine@erandriver.ca>; Greg Reitzel <Greg.Reitzel@kitchener.ca>; Hydro One - Dennis DeRango <landuseplannine@hvdroone.com>; Jim Edmondson <Jim.Edmondson@kitchener.ca>; K -W Hydro - Greig Cameron <gcameron@kwhydro.on.ca>; Lesley MacDonald <Lesley.MacDonald@kitchener.ca>; Linda Cooper <Linda.Cooper@kitchener.ca>; Mike Seiling <Mike.Seiline@kitchener.ca>; Ontario Power Generation <Executivevp.lawanddevelopment@ope.com>; Park Planning (SM) <Park.Planning@kitchener.ca>; Parmi Takk <Parmi.Takk@kitchener.ca>; Region - Planning <PlannineApplications@reeionofwaterloo.ca>; Property Data Administrator (SM) <PropDataAdmin@kitchener.ca>; Robert Morgan <Robert.Morgan@kitchener.ca>; Steven Ryder <Steven.Ryder@kitchener.ca>; UW - SA <Steven.amirikah@uwaterloo.ca>; WCDSB - Planning <plannine@wcdsb.ca>; WRDSB - Board Secretary (elaine burns@wrdsb.ca) <elaine burns@wrdsb.ca>; WRDSB - Planning <plannine@wrdsb.ca> Cc: Andrew Pinnell <Andrew.Pinnell @kitchener.ca> Subject: Circulation for Comment - OPA/ZBA (276 King Street East) Please see attached — additional documentation can be viewed at https://kitchener.sharefile.com/home/shared/fo83c8ea-7d55-49fO-a61c-09384412f5e6. Comments or questions should be directed to Andrew Pinnell, Senior Planner (copied on this email). Christine Kompter Administrative Assistant Planning Division I City of Kitchener 200 King Street West, 6th Floor I P.O. Box 1118 Kitchener ON N2G 4G7 519-741-2200 ext. 7425 TTY 1-866-969-9994 christine.kompter@kitchener.ca 000000000 Page 153 of 520 Andrew Pinnell From: Wang, Shaun <SWang@KWHydro.ca> Sent: Monday, March 1, 2021 4:36 PM To: Andrew Pinnell Cc: Theriault, John; Stewart, Gary, Cameron, Greig; Sandro Bassanese Subject: [EXTERNAL] RE: Circulation for Comment - OPA/ZBA (276 King Street East) Andrew, Front yard setback is not a concern for us. We don't have any hydro wire on King St. However, the side yard setback (on Eby St) requirement may impact our design choice. Regards, Shaun Wang, P. Eng. System Planning & Projects Engineer Kitchener -Wilmot Hydro Inc. P: 519-745-4771 x6312 F: 519-745-0643 swan g(a)kwhydro.ca K LVOT IhC From: Andrew Pinnell <Andrew.Pinnell @kitchener.ca> Sent: Monday, March 1, 20214:21 PM To: Wang, Shaun <SWang@KWHydro.ca> Cc: Theriault, John <JTheriault@KWHydro.ca>; Stewart, Gary <GStewart@KWHydro.ca>; Cameron, Greig <GCameron@KWHydro.ca>; Sandro Bassanese <Sandro.Bassanese@kitchener.ca> Subject: RE: Circulation for Comment - OPA/ZBA (276 King Street East) Hi Shaun Page 154 of 520 We're not sure what we would propose yet for the maximum front yard setback and maximum exterior side yard setback. However, it looks like the existing building on the property next door (i.e., 270 King St E) has a setback of about 1.0 metre. I could see it as a possibility for us requiring a similar setback to keep a consistent street wall. Please let me know your thoughts. Thanks, Andrew Pinnell, MCIP, RPP Senior Planner I Planning Division I City of Kitchener 519-741-2200 x7668 I TTY 1-866-969-9994 1 andrew.pinnell(cDkitchener.ca II i�xIY. From: Wang, Shaun <SWane@KWHydro.ca> Sent: Wednesday, February 24, 20211:07 PM To: Andrew Pinnell <Andrew.Pinnell @kitchener.ca> Cc: Theriault, John <JTheriault@KWHydro.ca>; Stewart, Gary <GStewart@KWHydro.ca>; Cameron, Greig <GCameron@ KWHydro.ca> Subject: [EXTERNAL] RE: Circulation for Comment - OPA/ZBA (276 King Street East) Andrew, Currently Kitchener -Wilmot Hydro has only a secondary pole line on Eby St. Depending on their load demand, we will supply the property in different ways, thus different setback requirements. If the load is less than 250kW, we may install an off-site 3-phase overhead transformer on Duke St with long secondary wires to the property. If the load is more than 300kW, we'll request an on site transformer room or space for a pad -mounted transformer. What are the setbacks that the City plans to impose for this lot? Regards, Shaun Wang, P. Eng. System Planning & Projects Engineer Kitchener -Wilmot Hydro Inc. P: 519-745-4771 x6312 F: 519-745-0643 swan g(cD kwhyd ro. ca K M9T Page 155 of 520 From: Andrew Pinnell <Andrew.Pinnell @kitchener.ca> Sent: Wednesday, February 24, 202112:18 PM To: Wang, Shaun <SWang@KWHydro.ca> Cc: Theriault, John <JTheriault@KWHydro.ca>; Stewart, Gary <GStewart@KWHydro.ca>; Cameron, Greig <GCa meron @ KW Hydro.ca> Subject: RE: Circulation for Comment - OPA/ZBA (276 King Street East) Hi Shaun Would there be any concerns with the City imposing maximum setbacks to the front and external side lot lines through this ZBA process? If so, what maximum setbacks could KW Hydro accept? Thanks, Andrew Pinnell, MCIP, RPP Senior Planner I Planning Division I City of Kitchener 519-741-2200 x7668 I TTY 1-866-969-9994 1 andrew.pinnell(cDkitchener.ca Woo From: Wang, Shaun <SWane@KWHydro.ca> Sent: Friday, February 5, 202110:29 AM To: Andrew Pinnell <Andrew.Pinnell @kitchener.ca> Cc: Theriault, John <JTheriault@KWHydro.ca>; Stewart, Gary <GStewart@KWHydro.ca>; Cameron, Greig <GCa meron @ KW Hydro.ca> Subject: [EXTERNAL] RE: Circulation for Comment - OPA/ZBA (276 King Street East) Hi Andrew, We have reviewed the proposal and have the following comments: The developer shall make satisfactory arrangements with Kitchener Wilmot Hydro Inc. for servicing before approval 276 King E is currently supplied by the OH transformer on Eby St. For the proposed development, a 3ph service will be required. Depending on the capacity, Kitchener -Wilmot Hydro may require an on-site transformer room and a HV switchgear room. Regards, Shaun Wang, P. Eng. Page 156 of 520 System Planning & Projects Engineer Kitchener -Wilmot Hydro Inc. P: 519-745-4771 x6312 F: 519-745-0643 swan g(aD-kwhydro.ca kl LNOT inc MO., N.,,. Page 157 of 520 Andrew Pinnell From: Planning <planning@wcdsb.ca> Sent: Thursday, March 4, 2021 2:21 PM To: Andrew Pinnell Subject: [EXTERNAL] RE: Circulation for Comment - OPA/ZBA (276 King Street East) Good Afternoon Andrew, The Waterloo Catholic District School Board has reviewed the above application and based on our development circulation criteria have the following comment(s)/condition(s): A) That any Education Development Charges shall be collected prior to the issuance of a building permit(s). If you require any further information, please contact me by e-mail at Jordan. Neale@wcdsb.ca. Thank you, Jordan Neale Planning Technician, WCDSB 480 Dutton Dr, Waterloo, ON N2L 4C6 519-578-3660 ext. 2355 Page 158 of 520 City of Kitchener PRE -SUBMISSION CONSULTATION COMMENT FORM Project Address: 276 King St. E. Date of Meeting: unknown Application Type: OPA/ZBA Comments Of: WRDSB Commenter's Name: Nathan Hercanuck Email: nathan hercanuck@wrdsb.ca Phone: 519-570-0003 x4459 Date of Comments: February 24, 2021 ❑ I plan to attend the meeting (questions/concerns/comments for discussion) ❑X I do NOT plan to attend the meeting (no concerns) 1. Site Specific Comments & Issues: 2. Plans, Studies and Reports to submit as part of a complete Planning Act Application: 3. Anticipated Requirements of full Site Plan Approval: 4. Policies, Standards and Resources: 5. Anticipated Fees: Please be advised that any development on the subject lands is subject to the provisions of the Waterloo Region District School Board's Education Development Charges By-law 2016 or any successor thereof and may require the payment of Education Development Charges for these developments prior to issuance of a building permit. A City for Everyone Working Together — Growing Thoughtfully — Building Community Page 159 of 520 Attachment F - Community Comments Andrew Pinnell From: Sent: Tuesday, May 4, 2021 4:31 PM To: Andrew Pinnell Subject: [EXTERNAL] Proposed Condominium Hi Andrew, am not a fan of the 276 King St E proposal. I believe the building is too large for this small neighbourhood and the historic Kitchener Farmer's Market. Additionally, no parking units available for the proposed 29 unit building? What is the target demographic of this new build? I don't think this proposal should be allowed to move forward with the City's permission. It is breaking two by-laws 1) increasing size limit & 2) lack of parking spaces. More importantly I believe that it takes away from affordable housing to the area that is desperately needed. Please include my information in your report. I can see this impacting my desire to visit the Kitchener Farmer's Market. Thanks, Concerned citizen, Page 160 of 520 Andrew Pinnell From: Sent: Wednesday, May 12, 2021 8:31 PM To: Andrew Pinnell Subject: [EXTERNAL] Re: King Street East proposal Hello I am writing with my concerns about the 276 King Street East proposal. I am greatly concerned that this 29 unit building proposal is in contravention of two bylaws including the increased size limit and no proposed parking. To constantly seek exemptions for by-laws to allow such builds to go forward takes away from development plans already in place for the city. I do support the need for more equitable and supportive housing but I do not feel that this project meets these criteria and that the density level will have a negative impact on the Kitchener Farmer's Market, and surrounding neighbourhood. Sincerely, Page 161 of 520 Andrew Pinnell From: Sent: Thursday, April 29, 2021 7:24 PM To: Andrew Pinnell Subject: [EXTERNAL] 276 King St E Proposal Hi Andrew, I am not a fan of the 276 King St E proposal. I believe the building is too large for this small neighbourhood and the historic Kitchener Farmer's Market. Additionally, no parking units available for the proposed 29 unit building? What is the target demographic of this new build? I don't think this proposal should be allowed to move forward with the City's permission. It is breaking two by-laws 1) increasing size limit & 2) lack of parking spaces. Please include my information in your report. I can see this impacting my desire to visit the Kitchener Farmer's Market and the small businesses on King street. Thanks, Concerned citizen, Page 162 of 520 Andrew Pinnell From: Sent: Wednesday, February 24, 2021 12:09 PM To: Andrew Pinnell Subject: [EXTERNAL] 276 King St E Approval Hi Andrew, I wanted to show our support for the new building plans at 276 King St E Kitchener. Application # OPA20/006/K/P. The Braun family has been involved in downtown since 1925 with multiple properties in the downtown core. We are very excited to see a nice new fresh change to 276 as it has been long overdue. This will help give us more households to support the small businesses in the area and with its high quality design it is a nice fit. Let me know if you require any more information from me. Thanks and have a great day! Braun's Locksmith Page 163 of 520 Andrew Pinnell From: Sent: Monday, March 1, 2021 9:59 AM To: Andrew Pinnell Subject: [EXTERNAL] 276 King Street East Official Plan and Zoning Amendment Application Feedback c/o The Kitchener -Waterloo Racquet Club 138 Duke Street East Kitchener, ON N2H 1A7 519-745-6108 email: manager@kwracquetclub.com Hi Andrew, Thanks for keeping us in the loop with potential development in our community. The Kitchener -Waterloo Racquet Club has witnessed many changes over the 58 years we've been in business in this district. We are in support of the official plan and zoning amendments. The proposal to develop 276 King Street East into a multipurpose property is another positive step for our community. This property helps serve the need for more housing in the area and it compliments the much-needed investment in the Market District. It will provide more traffic to the local business community and based on the information you provided it's a significant upgrade to the vacant lot there now. Take Care, Kitchener -Waterloo Racquet Club Page 164 of 520 Andrew Pinnell From: Sent: Tuesday, April 20, 2021 10:32 PM To: Andrew Pinnell Cc: Debbie Chapman Subject: [EXTERNAL] 276 King St E Importance: Low Hello. First, I wanted to say that the new style of signage for the application for development (image below) is a master -class in clear communication and light years ahead of the old style. Well done. Second, I wanted to express my support for the project proposed at 276 King St E. I think the project is at a great scale for the setting; we need more of these 4-8 storey buildings and fewer of the 20-30+ storey buildings. Further, I am really happy to see the no parking requirement; in fact I wish that the city would adopt a parking maximum policy city-wide. No parking will help to keep the cost of the building down, provide for a more active streetscape, and speed construction time. Finally, I think the mixed use is another great attribute for this project. I hope that the proposed zoning change does not get push -back from the neighbouring owners and wish that the city would "up -zone" the whole city and put the onus on the builder to prove the need for lower -density housing options. This would also speed development completion and would help to increase the housing supply we so desperately need. Page 165 of 520 APPLI IN Y 'I L 7 -Storey F BuiLding U Page 166 of 520 I've copied my ward's councillor even though this development is right on the ward 9 / 10 boundary so that she is also aware of my support for this project and for my thoughts on these many interconnect city policies. Thank -you for time. Kitchener, Ontario Page 167 of 520 Andrew Pinnell From: Sent: Wednesday, May 5, 2021 5:52 PM To: Andrew Pinnell Subject: [EXTERNAL] 276 King St E proposal Hi Andrew, I am not a fan of the 276 King St E proposal. I believe the building is too large for this small neighbourhood and the historic Kitchener Farmer's Market. Additionally, no parking units available for the proposed 29 unit building? What is the target demographic of this new build? I don't think this proposal should be allowed to move forward with the City's permission. It is breaking two by-laws 1) increasing size limit & 2) lack of parking spaces. Please include my information in your report. I can see this impacting my desire to visit the Kitchener Farmer's Market. Thanks, Concerned citizen, Page 168 of 520 Andrew Pinnell From: Sent: Friday, February 12, 2021 12:36 PM To: Andrew Pinnell Subject: [EXTERNAL] 276 King str east amendment Sent from my Galaxy As owner of 341and 343 King str east property I am in favor to accommodations for new developments on King str downtown area. Page 169 of 520 Andrew Pinnell From: Sent: Tuesday, May 4, 2021 10:31 AM To: Andrew Pinnell Subject: [EXTERNAL] Neighbourhood concern Hi Andrew, I am not a fan of the 276 Kine St E proposal. I believe the building is too large for this small neighbourhood and the historic Kitchener Farmer's Market. Additionally, no parking units available for the proposed 29 unit building? What is the target demographic of this new build? I don't think this proposal should be allowed to move forward with the City's permission. It is breaking two by-laws 1) increasing size limit & 2) lack of parking spaces. Please include my information in your report. I can see this impacting my desire to visit the Kitchener Farmer's Market. Thanks, Concerned mother, Page 170 of 520 Andrew Pinnell From: Sent: Tuesday, May 4, 2021 9:57 AM To: Andrew Pinnell Subject: [EXTERNAL] 276 King St E concern! Hi Andrew, am not a fan of the 276 King St E proposal. As a mother with 2 young children, I believe the building is too large for this small neighbourhood and the historic Kitchener Farmer's Market. Additionally, no parking units available for the proposed 29 unit building? What is the target demographic of this new build? I don't think this proposal should be allowed to move forward with the City's permission. It is breaking two by-laws 1) increasing size limit & 2) lack of parking spaces. Please include my information in your report. I can see this impacting my desire to visit the Kitchener Farmer's Market. Thanks, Page 171 of 520 Andrew Pinnell From: Sent: Wednesday, February 24, 2021 7:35 PM To: Andrew Pinnell Subject: [EXTERNAL] Development at King & Eby Hi Andrew, I own The Yeti cafe, on Eby St. N in Kitchener. I am writing to express my support of the proposed apartment building next door (276 King) I feel our area needs more density. It will be good for business and increase the vibrancy of downtown. All the best, Victoria THE YETI Tel+519-729-5242 theyeticafe.com Best Breakfast in KW 2018, 2017, 2016, 2014 The Community Edition Best of the Best Restaurants of 2013 - The Record Winner of the 2012 Downtown Kitchener customer service award @theyeticafe CAFKA Page 172 of 520 Andrew Pinnell From: Sent: Saturday, February 13, 2021 9:48 AM To: Andrew Pinnell Subject: [EXTERNAL] Support for 276 King re -zoning Dear Mr. Pinnell, I came across the re -zoning for 276 King and I'd like to voice my support for it. I live in a similar style of mid -rise building near the area and I regularly walk to the market with my partner and our dog. From observing on our walks, it's pretty clear that the eastern part of Kitchener's downtown hasn't really seen the same level of development and investment compared to the section closer to city hall: I believe that buildings like the proposed one will go a long way towards bringing more businesses and people to the area who have a long term stake in the local economy. Best regards, vmmffi� 610-399 Queen Street South Kitchener, ON N2G OC4 Page 173 of 520 Andrew Pinnell From: Sent: Tuesday, May 11, 2021 5:33 PM To: Andrew Pinnell Subject: [EXTERNAL] Re: Neighbourhood Meeting Follow-up and Engagement Survey - 276 King Street East Hello, here is my feedback based on the presentation: As a downtown resident who formerly lived around 100m away from the site (on Duke St) I believe that the 276 King E project will benefit downtown and help improve access to housing for a larger number of people near the market area than currently exists. The current mix of housing, increase in housing costs and influx of new residents has made it more difficult and competitive to find a housing unit in the market area. Having more housing options in walkable areas served well by transit will help give a greater number of people access to amenities in the area than currently exist. After learning about the height and massing factors I support the design as -is as I believe a reduction would be a waste of valuable vertical and horizontal space in downtown, possibly lead to a reduction in the size and/or number of units, and result in the demolition of a brick century home for little gain for present and future residents. If a century home is going to be demolished then it should be for a project which will make it count and improve the area while also giving more people convenient access to things like the Kitchener Market. I am highly supportive of the zero -parking plan as I believe any amount of parking would by definition bring vehicles to Eby Street, which is quiet and market -adjacent and sees a large number of pedestrians on market days, as well as being the location of a cafe business with an outdoor streetside component, as well as that stretch of King Street, which is already difficult to cross due to the lack of an official and lights -controlled pedestrian crossing at King/Eby, which encourages jaywalking by giving fewer legal and convenient crossing options to pedestrians. Bringing more vehicle traffic to the area would not help and would only make the area more hectic, congested, and dangerous. Therefore I support as little parking as possible for this development and fully support the zero -parking initiative. I believe there is a latent demand for zero -parking buildings from non -car owners and consider the indoor and outdoor bicycle parking to be a useful amenity I would like to see more of in residential buildings as a cyclist and bicycle owner. I believe the presence of a nearby parking garage as well as street parking in the area should be more than sufficient. Similarly I also support the ground -floor commercial unit(s) as I believe with the presence of the market and the amount of pedestrian traffic, the units would be well -located and increase the amount of commercial space available in the neighbourhood. A mixed-use building with commercial space is the kind of development I would like to see more of in the city as it would help bring businesses closer to people as well as people closer to businesses. Thank you for your work and take care, Page 174 of 520 Andrew Pinnell From: Sent: Thursday, March 4, 2021 11:06 AM To: Andrew Pinnell Subject: [EXTERNAL] Comments on 276 King St E proposed official plan and zoning by-law amendments Hello Andrew, I'm writing about the proposed official plan and zoning by-law amendments at 276 King St E. I live nearby at the Market Lofts, behind the Kitchener Market at 165 Duke St E. I just want to voice my support for the current proposal. I think this proposal is good for increasing the density in the area, and improves the streetscape down this part of King St. I love how this new development will also bring more people to this area to enjoy. It's nice to see further development on this part of King St. I think the removed parking requirement is fine, with transit options and extra parking availability in the vicinity. I believe the incorporated ground -level commercial space is integral to the proposal, and I hope it will not be removed throughout the process. I think it is needed to tie the proposed building to the existing street, especially King St, to better integrate the building into the community. With previous examples of buildings dropping their ground -level commercial space during the process (for example, 63 Scott Street), I hope this will not be the case with this proposal. I suspect you don't hear a lot of positive feedback from proposed plans and zoning by-law amendments, so here is one on the good side! Have a great day! Page 175 of 520 Andrew Pinnell From: Sent: Monday, March 1, 2021 10:57 PM To: Andrew Pinnell Subject: [EXTERNAL] 276 King East Comments Hi Andrew, My name is and I run Workhaus Coworking at the corner of King and Eby Streets in Downtown Kitchener next to the proposed development by Pioneer Tower Homes at 276 King Street East. I am getting in touch to express our support for the project in principle. On behalf of my employer, I strongly commend any development in the Downtown King East area as it is sorely needed to bring the area in line with its King West counterpart. The new developments — including 276 King East — will also indirectly address issues such as crime, prostitution, and otherwise poor behaviour that often is associated with the area. In Late February, I had a call with Marko at Pioneer Tower Homes. I explained that I supported the project for the reasons listed above but I had concerns regarding noise caused by the construction of the development. The property is approximately 10-15 meters from our main entrance, lounge, kitchen, and boardrooms. As a professional office space with paying members, my concern is that if there is too much noise caused by construction (drills, trucks backing up, hammering, workers, etc), our members will complain and there will be nothing I can do resulting in yet another major loss of business after rebuilding post -pandemic. This is simply unsustainable and may result in yet another established business leaving Downtown Kitchener. Marko has assured me that Eby will only be closed as necessary and much of the building will be precast concrete allowing it to go up quickly. He has also been clear that he wants to be a good neighbour and work with everyone and that's very much appreciated. If you need clarification on anything above, please let me know. Best, Page 176 of 520 Andrew Pinnell From: Sent: Monday, May 10, 2021 7:19 PM To: Andrew Pinnell Subject: [EXTERNAL] 276 King St E proposal Hi Andrew, am not a fan of the 276 King St E proposal. I believe the building is too large for this small neighbourhood and the historic Kitchener Farmer's Market. Additionally, no parking units available for the proposed 29 unit building? What is the target demographic of this new build? I don't think this proposal should be allowed to move forward with the City's permission. It is breaking two by-laws 1) increasing size limit & 2) lack of parking spaces. Please include my information in your report. I can see this impacting my desire to visit the Kitchener Farmer's Market. Thanks, Concerned citizen, Sent from my Whone Page 177 of 520 Andrew Pinnell From: Sent: Monday, February 8, 2021 10:52 PM To: Andrew Pinnell Subject: [EXTERNAL] Pioneer Town Home Zoning OPA20/006/K/AP Hi Andrew, I hope you're doing well today and are safe. I received a letter in the mail in regards 7 storey mixed used building that is being built on King St E. I'm the property owner of Tiffany LN Corp at 206 King St E. I am just concerned about parking. Since on the application they're requesting not to include any parking for commercial use. Not to mention the current zoning doesn't require parking for residential use either. I believe that there should be dedicated parking for both commercial and residential. Whether it be surface or underground. King St is already very congested. With the development of the property more local traffic will congest the streets. By not including any additional parking spaces in their plan this will significantly impact local traffic. Considering this building will have a higher density of people and no additional spaces to park. Making it much harder to park in an area that is already hard to find parking. Even if they do include parking within their plan, they should make an effort to include EV charging stations. As there isn't much/ or any EV charging stations in the area. This would be a great opportunity to introduce it in the area. I hope my comments will be of some use Kind regards, Page 178 of 520 Andrew Pinnell From: Sent: Wednesday, February 10, 2021 10:00 AM To: Andrew Pinnell Subject: [EXTERNAL] 276 King St East - Official Plan Amendment and Zoning Bylaw Amendment Hi Andrew, Hope you and your family are staying safe and healthy during these times. I received a letter in the mail regarding this property since my company owns the property at 293 King St East across the street. I had a few questions. Can you tell me how many units will end up being in this building if it gets approved ? and also the size of the units proposed ? Finally can you tell me when the meeting dates will be for these ? I assume they will be on the Cities youtube channel ? Thanks very much and I look forward to hearing back Cheers Mortgage Agent Mortgage Alliance RightBrokerTm - fthtMortgageO - RightP/aceTm DISCLAIMER: This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you have received this email in error please notify the system manager. This message contains confidential information and is intended only for the individual named. If you are not the named addressee you should not disseminate, distribute or copy this e-mail. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system. If you are not the intended recipient you are notified that disclosing, copying, distributing or taking any action in reliance on the contents of this information is strictly prohibited. Page 179 of 520 Andrew Pinnell From: Sent: Friday, July 2, 2021 4:01 PM To: Andrew Pinnell; Subject: [EXTERNAL] remove sign from 12 eby st N Hi Andrew, I am one of the residents at 12 eby st N our landlord is Marko, we cant get a hold of him lately and he did nt even notify about the sign that this will be torn down. We would like it removed ASAP because now are windows are getting smashed out, our front window on the door got smashed out so we would apprciate that you remove that sign. They are damaging the house because they know it will be torn down. You can put it back up if the house is vacant. Also Marko said to my husband Bill that he wouldnt sell this house because he just bought it 6 months ago at that time. So we had no idea what Marko was up to. We put so much work into this house Marko had no right do to what he did. Page 180 of 520 Andrew Pinnell From: Sent: Thursday, March 4, 2021 2:18 PM To: Andrew Pinnell Subject: [EXTERNAL] 276 King Street East Dear Andrew, I'm writing to express my support for the 7 -storey mixed-use building proposed at 276 King Street East, and the corresponding Official Plan Amendment Application OPA20/006/K/Ap and Zoning Bi -law Amendment Application ZBA20/015/K/AP. As a downtown resident, an athletic club member, and a market district commercial landlord, I live, work, and play within walking distance of the market district. As a stakeholder in the neighbourhood, I believe that the market district has largely been overlooked by private developers and additional investment is required in order to increase the vibrancy of this gateway to downtown. Both the City and the Region have made significant investments in the Kitchener Market and the ION Light Rail in recent years, so it makes good sense to be encouraging additional private investment by welcoming higher density, pedestrian oriented developments to this neighbourhood. After all, the area is an Urban Growth Centre in A Place to Grow and higher density is suitable. The rendering of the proposed building is modern and attractive, and Downtown Kitchener is in need of quality mid -rise residential building developments like this one. A building of this size and scale fills a gap for those who want to enjoy pedestrian -friendly condo living in the core, without having to share busy elevators in the high-rise skyscrapers of Duke Tower Kitchener, Young Condos, and Charlie West. I look forward to watching the continued progress of Downtown Kitchener. Sincerely, mmn� 200 King St E., Kitchener ON N2G 21-1 Page 181 of 520 Andrew Pinnell From: Sent: Thursday, April 29, 2021 6:51 PM To: Andrew Pinnell Subject: [EXTERNAL] Re: Neighbourhood Meeting Follow-up and Engagement Survey - 276 King Street East Hi Andrew, Thanks for the follow up. I attended the meeting last night and didn't say anything then, but just wanted to provide my thoughts in writing before the next steps. Overall I'm in support of the project. I think it's a perfect size for the community and I think a building with one bedroom units and no parking will fit a demographic that wants to live in this area. Some reservations however, are the lack of affordable units and the ground level interactions with King and Eby street. In this neighbourhood in particular there is a great need for affordable housing - is there nothing we can do to request the developer include a set proportion of units as below market value? I'm somewhat familiar with zoning or by-law amendments and think I've heard of negotiations with developers to allow them to build higher but in return, provide something the city needs. Could something like that be possible in this case for a few affordable units? Slightly less importantly, I am concerned with how the building will fit with the particular scene on Eby St, particularly on Saturday mornings. I understand there will be commercial on the ground floor, but will it just be a plain glass corporate box right at the property line, or will it activate and spill out onto the street like The Yeti and the market/Market Lane do? I would echo another attendee's concern about the building materials as well: I would like to see something that does make an attempt to blend in with perhaps more brick than glass and metal To summarize, I would say that while extremely supportive of a development of this size and style in general at this location, I do worry about affordability for CURRENT residents of the area and would like to see a building that is influenced by - and meaningfully adds to - the very unique streetscape of Eby/King. Thanks for an informative and helpful meeting. I don't necessarily need a response to any questions above, just wanted to place them theoretically in case relevant discussions occur down the line. Cheers Page 182 of 520 Andrew Pinnell From: Sent: Sunday, February 14, 2021 5:48 PM To: Andrew Pinnell Subject: [EXTERNAL] 276 King St E Proposal Hello, I am the owner of 154 Duke St E., Kitchener ON N2H 1A7 and I received your letter re: 276 King St E and the proposal for zoning changes. I would like to write my support for this zoning change. More density downtown is a good thing and this seems to be a good fit for the neighbourhood and well in scale with other developments a block down at King and Cedar. Page 183 of 520 Andrew Pinnell From: Sent: Monday, February 22, 2021 4:10 PM To: Andrew Pinnell Subject: [EXTERNAL] 276 King St Hello Andrew, While at the Market, I saw the application sign up at 276 King St. I'm writing to lend my support. I own a unit in a similar building downtown. This area of downtown is badly in need of investment, and modern buildings like this one would go a long way. It would also bring more people to the market, and surrounding restaurants. My property is located at 101-399 Queen St S - Barra Condos Thank you kindly Sir Page 184 of 520 Andrew Pinnell From: Sent: Thursday, March 4, 2021 9:53 PM To: Andrew Pinnell Subject: [EXTERNAL] 276 King Street East Hi Andrew, I am emailing you to provide my strong support for the proposed project at 276 King Street East. I grew up in Kitchener -Waterloo and have owned 118 Weber Street E, in the near vicinity, for the past 4.5 years. For several decades, King Street East and the surrounding area has been rough and filled with derelict buildings. It was a very undesirable area to say the least. However, in the past few years we have seen many exciting and positive changes in the area! Public investment spearheaded by the Region and City with projects like the Kitchener Market and the LRT has been successful in attracting investment from the private sector. We can see this with the many new developments that have been completed and those that are currently underway. I strongly encourage the City to continue to welcome this development in Kitchener. Developments like the one at 276 King Street East will bring more people, more businesses, more transit users, and more vibracy to our area. The work to improve our downtown has only just begun and we must not take this sort of development for granted. Should we stand in opposition to these sorts of developments we will find that all of the great groundwork done by the Region and City will quickly erode. We must continue the positive momentum. Furthermore, the housing crisis that we are experiencing is top of mind for many people. Housing prices and rents have never been higher in our Region. It is concerning. I encourage the City to continue to allow projects like the one at 276 King Street East to ensure that we grow the necessary supply of housing so that we may alleviate this crisis rather than exacerbate it. If the City is sincere in its stance on affordable housing then we must allow the housing supply to increase. If ou would like to connect with me regarding my support for this project you can contact meat the following: Mailing Address: 108 Garden Tree Court Waterloo, ON N2L 5Z1 Best, Page 185 of 520 Andrew Pinnell From: Sent: Wednesday, April 28, 2021 9:15 PM To: Andrew Pinnell Subject: [EXTERNAL] 276 King Hi Andrew, Thanks to you and everyone else at the city who ran the meeting tonight. It was very helpful. I wanted to provide my feedback. Overall I'm in support of the project. I especially like that it is purpose built rental, because I think there is very little of that being built and added to the housing stock lately. At the same time, housing is becoming increasingly expensive, and at market rents sadly these units will be out of reach of many. Given that the developer is seeking variances, which will financially benefit them significantly, I think it would be fair for them to share that benefit with the city, by which I mean that the variances should be granted on the condition of some of the units being set aside as affordable housing rentals. The councillor mentioned that affordable housing was a top priority of council. And for the same reasons that the developer gave for not needing parking, this would be a great location for affordable housing, because it is on transit and connected to the cycling network. The developer also gave one justification for the lack of parking being that a zoning change that's in the works would have the whole area no longer require parking, so by that same logic we can look at the inclusionary zoning that's in the works as well. Perhaps the city can do a rough calculation of how much financial gain the variances will grant and use that to determine how many units should be set aside with a 50/50 split of the extra gain? Or perhaps it can be determined by looking at the inclusionary zoning targets that are in development or the numbers used by other municipalities that already have inclusionary zoning in place? Generally I believe that developers should strive for a good mix of unit size, but I think the developer's point about the small lot size and awkward shape is fair, so for this particular development I think it's better to focus on getting more affordable units. As a final note, I will say that the developer lost trust with me when during the meeting they first stated that the site had been vacant for 10 years, and one of the attendees called them on it and they admitted a family is currently living there. I understand that sometimes people are displaced, and 1 family shouldn't take priority over 29, but I think it was dishonest of the developer to claim it was vacant when it was not, and that reflects very poorly on the developer in my opinion. That makes me worry that perhaps other aspects of the proposal are intentionally inaccurate. But I trust city staff to ensure that, if approved, they are held to their commitments. Thank you very much for considering my feedback. Page 186 of 520 Andrew Pinnell From: Sent: Thursday, April 29, 2021 7:25 PM To: Andrew Pinnell Subject: [EXTERNAL] Family unfriendly Hi Andrew I am writing you today, to share my concerns over the proposed development at 276 King Street east. I feel that the addition of 29 units without parking will cause an increase in street parking and street congestion. As a mother this is concerning when trying to access the kitchener market. I also find it concerning that your proposal does not include and family sized units. This is an older area of downtown with a rich history. I believe that your proposed development will jeopardize the sense of community this area provides. Especially with a lack of any family sized units. Thank you for taking my concerns into consideration. Anyone who has never made a mistake has never tried anything new. — Albert Einstein Page 187 of 520 Andrew Pinnell From: Sent: Monday, April 12, 2021 8:23 PM To: Andrew Pinnell Subject: [EXTERNAL] Re: Re: Re: Re: 12 Eby Street North Proposal Attachments: Re -zoning Concerns 12 Eby St. N..pdf Hi Andrew, I did not find Joanne McCallum linked in the present email. I will attach the updated version of our petition and the emails of those who would like to be present at the meeting: Thanks, Page 188 of 520 CONCERNS RE: 12 EBY ST. N. KITCHENER RE -ZONING PROPOSAL April 5, 2021 Primer Eby Street, and the Market District itself, is an important neighbourhood that symbolizes both past and present for the City of Kitchener. Although the area is both commercial and residential, its century homes and heritage architecture, both new and old, offer much charm to the popular downtown core. The area is increasingly known as an attraction to both residents and visitors with offerings like the popular Kitchener Market and an ever-growing restaurant and "foodie" hub. We as a community of residents, homeowners, and small-business owners, present a list of concerns regarding the proposal presented by Pioneer Tower Homes Inc. We collectively believe the long-term consequences of this project would outweigh the short-term benefits gained by such a venture. Re -zoning to allow a maximum building height of 28.5 meters from the currently allowed 17.5 meters and allowing for design completely detached from the present heritage architecture, as the new project proposes, would set a potentially perilous precedent encouraging a destruction of the historical aesthetic of the neighbourhood and limit the appeal and popularity to the growing numbers of visitors to the benefit of short-sighted profit -driven developers. The proposed changes would also cause a significant decrease in the enjoyment of property of Market District land owners due to noise pollution, privacy concerns, aesthetic concerns, amongst other complaints. One only needs to go to the bustling Toronto Kensington Market or Montreal Jean -Talon Farmers' Market to understand the potential for the growth and tourism appeal of the Kitchener Market District. These pedestrian focused urban ecosystems are in harmony with the surrounding century homes, green -spaces and heritage architecture with emphasis on building height and materials. The Market District is rich with heritage, history, and culture and its future is bright as evidenced by the growing number of restaurants, cafes and businesses. It is our assessment and request that the building height increase be denied and any future buildings in this area should be representative of and respectful to the historical aesthetic of the area. We must look to the potential and future of the Market District area and promote it to the best of our ability lest we lose it to the monolithic landscapes of charmless cities devoid of character with their backs to history. Concern 8 One must question — does the benefit of demolishing what should be a heritage home and replacing it with architecture disrespectful to the area's history outweigh the benefit of preserving a pedestrian -focused and historically rich ecosystem? If this proposal gains ground, will the precedent set forth of increasing allowances for building height maximums then lead to a slippery -slope of ever-increasing building heights surrounding the Kitchener Market District and disrupting the 140 years of history this area has prospered from as a local place of business, life and tourism? Page 189 of 520 N Consequences 8 Neighborhood aesthetic; Any future proposals or new buildings should aim to be shaped, scaled, and designed to maintain and enhance livability and express the character of the area in which they are located. The proposal in question makes, in our opinion as neighbours, a ridicule of the Market District and its current aesthetic charm. The area is populated with century -old double brick homes that are well maintained. Additionally the present condominiums, The Market Lofts, attached to the Farmers' Market fit the style of the Market District quite well and blend in with their brickwork and allocated height, which is capped at less than half of this new proposal. Height impact: By allowing an increase in building -height neighbouring homes and businesses will be negatively impacted through limited sun access; decreased sense of privacy; potential wind impacts; traffic congestion and limited parking spaces. Noise Pollution: The Market District prides itself in promoting a pedestrian first effort and minimizing automobile traffic through small streets. As a bonus, residents of this community have an ironic benefit of low noise -pollution being so close in proximity to King St and the downtown core. A proposal of this scale infringes on the local resident's rights to enjoy their leisure time without unnecessary noise pollution. Local small-business impact: Construction disruption along with road closures may negatively impact local businesses. The Yeti Cafe, the next door neighbour to this proposal may experience a disruption of normal business flow as a cause of this unnecessary project. The Kitchener Farmers' Market may also experience a short-term loss of business as patrons aim to avoid active construction zones — further exacerbating the pandemic related lull in business activities. Environmental impact: How will the demolition efforts aim to mitigate any potential damage regarding physical and occupational health to neighbouring homes and patrons during the process? Concluding Remarks 8 We, residents, homeowners, and small-business owners in The Market District, find the proposed re -zoning change unfavourable and perilously setting up a precedent of taller and larger condominiums infringing and disrupting our unique ecosystem. We ask that the century -old home be respected as if a recognized heritage home and that the property not be changed or significantly altered in any way. However, in the unfortunate event that the new corporate owner, Pioneer Tower Homes Inc. would like to proceed with the demolition of this unprotected piece of history, we request that the zoning of The Market District remain respected at the present maximally allowed height and any building materials and design should be consistent with the aesthetics of the neighbourhood. This would ensure the future preservation of this culturally significant area. That this is a proposed condominium, does not necessitate that the building must be built in ways that are inconsistent and disrespectful to the Market District; the example of the Market Lofts is one of meaningful and harmonious contribution to this area. Thank you for this opportunity in addressing our concerns surrounding the proposal for the mid-size condominium project at 12 Eby Street N., Kitchener. Page 190 of 520 MARKET VILLAGE ZONE STAKEHOLDERS Name Title Date Homeowner and resident Mar 5 2021 16 Eby St, N. Kitchener Homeowner and resident Mar 5 2021 16 Eby St, N. Kitchener Homeowner and local business owner Mar 5 2021 7 Moyer PI. Kitchener Homeowner and local business owner Mar 5 2021 7 Moyer PI. Kitchener Resident, Mar 5 2021 14 Eby St. N. Kitchener Resident, Apr 5 2021 12 Eby St. N. Kitchener Resident, Apr 5 2021 12 Eby St. N. Kitchener Resident, Apr 5 2021 12 Eby St. N. Kitchener Resident, Apr 5 2021 12 Eby St. N. Kitchener Page 191 of 520