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HomeMy WebLinkAboutDSD-2022-461 - 1257-1265 Ottawa Street South - Zoning By-law Amendment Application - ZBA22-009-O-ES - Ihor Dotsenko and Yuliya Dotsenko and 9474765 Canada Inc.Staff Report I K Tc�i irrarR Development Services Department www.kitchener.co REPORT TO: Planning and Strategic Initiatives Committee DATE OF MEETING: December 12, 2022 SUBMITTED BY: Garett Stevenson, Interim Director of Planning, 519-741-2200 ext. 7070 PREPARED BY: Eric Schneider, Senior Planner, 519-741-2200 ext. 7843 WARD(S) INVOLVED: Ward 6 DATE OF REPORT: November 15, 2022 REPORT NO.: DSD -2022-461 SUBJECT: 1257-1265 Ottawa Street South Zoning By-law Amendment Application ZBA22/009/0/ES Ihor Dotsenko and Yuliya Dotsenko and 9474765 Canada Inc. RECOMMENDATION: That Zoning By-law Amendment Application ZBA22/009/0/ES requesting to amend Zoning By-law 85-1, for Ihor Dotsenko and Yuliya Dotsenko and 9474765 Canada Inc. be approved in the form shown in the Proposed `Proposed By-law', and `Map No. V attached to Report DSD - 2022 -461 as Attachment `A'; and That Zoning By-law Amendment Application ZBA22/009/0/ES requesting to amend Zoning By-law 2019-051, for Ihor Dotsenko and Yuliya Dotsenko and 9474765 Canada Inc. be approved in the form shown in the Proposed `Proposed By-law', and `Map No. 1' attached to Report DSD -2022-461 as Attachment `A'; and, That the Proposed By-law to amend Zoning By-law 2019-051, as amended shall have no force and effect against the subject lands until the date that all appeals relating to By-law 2022-040 (Comprehensive Review of the Zoning By-law (CRoZBy) Stage 2b — Applying New Residential Zones on Properties) in relation to the subject lands have been withdrawn or decided and any applicable appeal periods have expired; and further That in accordance with Planning Act Section 45 (1.3 & 1.4), applications for minor variances shall be permitted for lands subject to Zoning By-law Amendment Application ZBA22/009/0/ES. REPORT HIGHLIGHTS: The purpose of this report is to evaluate and provide a planning recommendation regarding a Zoning By-law Amendment application for the property located at 1257-1265 Ottawa Street South. It is Planning staffs recommendation that the Zoning By-law Amendment application be approved. The proposed application represents an opportunity to provide `missing middle' housing that addresses a need in our community. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 4of410 Community engagement included: o circulation of a preliminary notice to property owners within 240 metres of the subject site; o installation of a large billboard notice sign on the property; o follow up one-on-one correspondence with members of the public who responded to the circulation or saw the billboard sign; o notice advising of the statutory public meeting was circulated to all property owners within 240 metres of the subject site, and those who responded to the preliminary circulation, and o notice of the public meeting was published in The Record on November 18, 2022. This report supports the delivery of core services. EXECUTIVE SUMMARY: Planning Staff is recommending approval of the requested Zoning By-law Amendment application to: Change the zoning in Zoning By-law 85-1 from `Residential Three Zone (R-3)' to `Residential Six Zone (R-6)' with Special Regulation Provision 784R; Change the zoning in Zoning By-law 2019-051, currently under appeal, from `Low Rise Residential Two Zone (RES -2)' to `Low Rise Residential Five Zone (RES -5)' with Site - Specific Provision (354); Facilitate the construction of a 20 -unit multiple dwelling. BACKGROUND: The City of Kitchener has received an application for a Zoning By-law Amendment from Ihor Dotsenko and Yuliya Dotsenko and 9474765 Canada Inc. for a development concept that proposes a three-storey multiple dwelling building with twenty (20) residential units and twenty-three (23) surface parking spaces. The subject property is identified as `Community Areas' on the City's Urban Structure (Map 2 - City of Kitchener Official Plan) and designated as `Low Rise Residential' (Map 3 - City of Kitchener Official Plan). Site Context The subject lands are comprised of two lots addressed as 1257 and 1265 Ottawa Street South. The subject lands are on the south side of Ottawa Street South near the intersection of two Regional roads - Fischer Hallman Road and Ottawa Street South. The lot area of the subject site is approximately 0.2 hectares and the lot frontage is 40.8 metres. Each lot contains a single detached dwelling. The surrounding neighbourhood contains a mix of low-rise multiple dwellings, semi- detached, and single detached dwellings, and institutional uses. Page 5 of 410 Figure 1 — Existing Single Detached Dwelling at 1257 Ottawa Street South Figure 2 — Existing Single Detached Dwelling on Site at 1265 Ottawa Street South Page 6of410 VAI, 7 . -..i �s' ri ti r SUBJECT AREA rY a 1 r, a} yµyfw w�. { V y" k��•"� I Figure 3 - Location Map: 1257-1265 Ottawa Street South REPORT: The applicant is proposing to demolish the existing two (2) buildings on site, consolidate the properties together, and develop the subject property with a 3 -storey, 20 -unit multiple dwelling building. Twenty-three (23) surface parking spaces, including three visitor parking spaces and one barrier free parking space are proposed. Twenty (20) bicycle parking spaces, including fourteen (14) enclosed and secured spaces for residents, and six (6) short-term spaces on an outdoor bicycle rack, are proposed. Through the review and evaluation of this application, the development concept was slightly revised from its initial submission. The original concept proposed a smaller amenity space, and the parallel parking closer to the street with limited opportunity for landscape screening. The revised concept shifts the parallel parking spaces further from the street line in order to allow for greater opportunity for landscape screening of parking spaces. The revised concept includes improvements to the garbage truck turnaround area relocates the outdoor bicycle rack and shifts the access aisle for the barrier free space into the existing walkway area to allow for a larger and more functional amenity area. Page 7 of 410 ■1111111 1111111■ ■ Figure 5- Revised Development Concept Page 8 of 410 Planning Analysis: Provincial Policy Statement, 2020 The Provincial Policy Statement (PPS) provides policy direction on matters of provincial interest related to land use planning and development. Section 1.4.3 (d) of the PPS promotes densities for new housing which efficiently use land, resources, infrastructure and public service facilities. The PPS sets out a policy framework for sustainable healthy, liveable and safe communities. The PPS promotes efficient development and land use patterns, as well as accommodating an appropriate mix of affordable and market-based residential dwelling types with other land uses, while supporting the environment, public health and safety. Provincial policies promote the integration of land use planning, growth management, transit -supportive development, intensification, and infrastructure planning to achieve cost-effective development patterns, optimization of transit investments, and standards to minimize land consumption and servicing costs. Planning staff is of the opinion that the proposed application will contribute to an appropriate mix of housing types within the context of the surrounding neighbourhood. The subject lands are within an existing neighbourhood with adequate servicing capacity, road network capacity, and other required infrastructure and therefore represents a cost-effective development pattern that minimized land consumption and servicing costs. Based on the above, staff is of the opinion that this proposal is in conformity with the PPS. A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 (Growth Plan): The Growth Plan supports the development of complete and compact communities that are designed to support healthy and active living, make efficient use of land and infrastructure, provide for a range and mix of housing types, jobs, and services, at densities and in locations which support transit viability and active transportation. Policy 2.2.6.1(a) Municipalities will support housing choice through the achievement of the minimum intensification and targets in this plan by identifying a diverse range and mix of housing options and densities, including additional residential units and affordable housing to meet projected needs of current and future residents. Policy 2.2.1.4(a) This plan will support the achievement of Complete Communities that feature a diverse mix of land uses, including residential and employment uses, and convenient access to local stores, services and public service facilities. The proposed development represents multiple dwelling residential, which will contribute to a greater mix of housing types in the neighbourhood. The existing neighbourhood is well served by local stores, services, and public service facilities such as a major commercial plaza (Sunrise Centre) on the corner of Fischer Hallman Road and Ottawa Street South, Windale Park, and the Laurentian Hydro Corridor Trail. Planning staff is of the opinion that the development proposal conforms to the Growth Plan. Regional Official Plan (ROP), 2010: Urban Area policies of the ROP identify that the focus of the Region's future growth will be within the Urban Area. The subject lands are designated Built -Up Area in the ROP. The proposed development conforms to Policy 2.D.1 of the ROP as this neighbourhood provides for the physical infrastructure and community infrastructure to support the proposed residential development, including transportation networks, municipal drinking -water supply and wastewater systems, and a broad range of social and public health services. Regional policies require the City to plan for a range of housing in terms of form, tenure, density and affordability to satisfy the various physical, social, Page 9 of 410 economic and personal support needs of current and future residents. Regional staff have indicated that they have no objections to the proposed applications (Attachment `C'). Planning staff are of the opinion that the application conforms to the Regional Official Plan. City of Kitchener Official Plan: Urban Structure The subject lands are identified as a `Community Areas' in the City's Urban Structure (Map 2). The planned function of Community Areas is to provide residential uses as well as non-residential supporting uses intended to serve the immediate residential areas. Community Areas may have limited intensification with development being sensitive and compatible with the character, form, and planned function of the surrounding context. Land Use Designation The subject lands are designated `Low Rise Residential' in the City's Official Plan (Map 3). Low Rise Residential areas are intended to accommodate a full range of low density housing types including single detached, semi-detached, townhouse, and low-rise multiple dwellings. The Low Rise Residential designation states that the City will encourage and support the mixing and integrating of innovative and different forms of housing to achieve and maintain a low-rise built form. No buildings shall exceed 3 storeys or 11 metres in height. No Official Plan amendment is required to implement the Zoning By-law Amendment application. Planning staff is of the opinion that the requested zoning by-law amendment will facilitate a housing form that conforms with the Low Rise Residential land use designation in the City's Official Plan. Transportation The City's Official Plan contains policies to develop, support, and maintain a complete, convenient, accessible and integrated transportation system that incorporates active transportation, public transit, and accommodates vehicular traffic. In regard to alternate modes of transportation, objectives of the Official Plan include promoting land use planning and development that is integrated and conducive to the efficient and effective operation of public transit, and encourages increased ridership of the public transit system. The City shall promote and encourage walking and cycling as safe and convenient modes of transportation. The proposed development aims to increase density on an existing site that is served well by public transit, with access to Grand River Transit Routes 2, 3, and iXpress Routes 201 and 205. The proposed development concept includes provision of safe, secure indoor bicycle storage to encourage active transportation. Staff is of the opinion that the requested zoning by-law amendment conforms with the transportation policies of the City's Official Plan. Urban Design The City is committed to achieving a high standard of urban design, architecture and place -making to positively contribute to quality of life, environmental viability and economic vitality. Urban design is a vital component of city planning and goes beyond the visual and aesthetic character of individual buildings and also considers the functionality and compatibility of development as a means of strengthening complete communities. Urban Design policies in the 2014 Official Plan support creating visually distinctive and identifiable places, structures and spaces that contribute to a strong sense of place and community pride, a distinct character and community focal points that promote and recognize excellence and innovation in architecture, urban design, sustainable building design and landscape design. The City will require high quality urban design in the review of all development applications through the implementation of the policies of the Official Plan and the City's Urban Design Manual. Page 10 of 410 The proposed development concept includes a 3 storey building that orients massing and unit entrances towards the street line along Ottawa Street South. Street fronting articulation includes at grade patios as well as second and third floor balconies. Barrier free connectivity throughout the site is provided through pedestrian walkways from the rear unit entrances alongside the building and in front of the street fronting units, both leading to the sidewalk on Ottawa Street South. On-site amenity area is achieved through at-grade passive amenity space at the rear of the building, as well as private unit balconies and at grade patios. Housin The City's primary objective with respect to housing in the Official Plan is to provide for an appropriate range, variety and mix of housing types and styles, densities, tenure and affordability to satisfy the varying housing needs of our community through all stages of life. This low rise multiple dwelling proposal is a "missing middle" housing type and provides an option that bridges the gap between high density residential towers and single detached dwellings. The proposed housing type is an important segment in Kitchener's housing continuum. Policy 4.C.1.9. Residential intensification and/or redevelopment within existing neighbourhoods will be designed to respect existing character. A high degree of sensitivity to surrounding context is important in considering compatibility. Policy 4.C.1.12. The City favours a land use pattern which mixes and disperses a full range of housing types and styles both across the city as a whole and within neighbourhoods. Policy 4.C.1.22: The City will encourage the provision of a range of innovative housing types and tenures such as rental housing, freehold ownership and condominium ownership including common element condominium, phased condominium and vacant land condominium, as a means of increasing housing choice and diversity. Based on the above housing policies, staff is of the opinion that the application conforms to the Official Plan. Policy Conclusion Planning staff are of the opinion that the proposed Zoning By-law amendment is consistent with policies of the Provincial Policy Statement, conforms to the Growth Plan for the Greater Golden Horseshoe, the Regional Official Plan and the City of Kitchener Official Plan, and represents good planning. Proposed Zoning By-law Amendment: The subject lands are currently zoned both in Zoning By-law 85-1 and Zoning By-law 2019-051 (currently under appeal). Changes to both By-laws are necessary as part of this Zoning By-law Amendment and are described separately below. Zoning By-law 85-1: The subject lands are currently zoned `Residential Three Zone (R-3)' in Zoning By-law 85-1. The applicant has requested to change the zoning to `Residential Six Zone (R-6)' and add a Special Regulation Provision (784R) in Zoning By-law 85-1. The requested change in zoning category is to permit the proposed use of a "Multiple Dwelling". Special Regulation Provision (784R) a. Permit a Floor Space Ratio of 0.63 b. Establish a Parking rate of 1.15 parking spaces per dwelling unit (1 per dwelling unit and 0.15 visitor parking spaces per dwelling unit) Page 11 of 410 Zonina By-law 2019-051 The subject lands are zoned `Low Rise Residential Two Zone (RES -2)' in Zoning By-law 2019-051 (currently under appeal). The applicant has requested to change the zoning to `Low Rise Residential Five Zone (RES -5)' and add a Site Specific Provision (354) in Zoning By-law 2019-051. The requested change in zoning category is to permit the proposed use of a "Multiple Dwelling". Site-Specicfic Provision (354) a. Permit a Floor Space Ratio of 0.63 Floor Space Ratio The maximum Floor Space Ratio in both Zoning By-laws is 0.6. Policy 15.D.3.11 of the Official Plan allows for increases up to 0.75 as follows: "15.D.3.11. A maximum Floor Space Ratio of 0.6 will apply to all development and redevelopment. Site-specific increases to allow up to a maximum Floor Space Ratio of 0.75 may be considered where it can be demonstrated that the increase in the Floor Space Ratio is compatible and meets the general intent of the policies in this Plan. An Official Plan Amendment will be required to consider an increase in the Floor Space Ratio greater than 0.75. " Increases in the Floor Space Ratio (FSR) between 0.6 and 0.75 require demonstration of compatibility and meeting the general intent of the policies of the Official Plan. Compatibility is defined in the Official Plan as: "Land uses and building forms that are mutually tolerant and capable of existing together in harmony within an area without causing unacceptable adverse effects, adverse environmental impacts or adverse impacts. Compatibility or compatible should not be narrowly interpreted to mean "the same as" or even as "being similar to." The existing surrounding neighbourhood is made up of a mix of low-rise housing types, including multiple dwellings. Directly across Ottawa Street South (25 Valleyview Road) is a 29 -unit townhome multiple dwelling development. The surrounding blocks also contain single and semi-detached dwellings. Most dwellings in the area are 1.5-3 storeys. Therefore, the proposed building at 3 storeys and 20 -units is similar to, and compatible with, the surrounding neighbourhood in the opinion of Planning Staff. Parking (Zoning By-law 85-1) The proposed parking rate meets the minimum required parking rate in Zoning By-law 2019-051 (1.15 spaces per unit). Therefore, a request for parking reduction is only required for Zoning By-law 85-1. The proposed rate of 1.15 spaces per unit would result in a total of twenty-three (23) parking spaces; twenty (20) spaces for residents and three (3) visitor spaces. In addition to vehicle parking spaces, the applicant is proposing ten (10) secured bicycle parking spaces, and six (6) outdoor short- term bicycle parking spaces. The location of the site is well served by existing public transit. Staff is of the opinion that the proposed complement of vehicle and bicycle storage on site is adequate and a full range of transportation options are available to future residents. Staff is of the opinion that the proposed rate of 1.15 parking spaces per dwelling unit as required in Zoning By-law 2019-051 is appropriate for this site. Page 12 of 410 Department and Agency Comments: Preliminary circulation of the Zoning By-law Amendment was undertaken on June 1, 2022 to applicable City departments and other review authorities. No major concerns were identified by any commenting City department or agency. Copies of the comments are found in Attachment "C" of this report. The following reports and studies were considered as part of this proposed Zoning By-law Amendment: • Planning Opinion Report Prepared by Patterson Planning Consultants Inc., April, 2022 • Urban Design Brief Prepared by Patterson Planning Consultants Inc., April, 2022 • Site Grading, Servicing, and Storm Water Management Report Prepared by Reinders and Law, January 31, 2022 • Site Concept Plan Prepared by Reinders and Law, December 5, 2021, Revised: October 21, 2022 • Tree Preservation/Enhancement Plan and Arborist Report Prepared by OMC Landscape Architecture, July 10, 2022 • Noise Study Prepared by JPE Engineering, January 28, 2022 • Salt Management Plan Prepared by Reinders and Law, January 29, 2022 Community Input and Staff Response: Staff received written responses from 13 residents with respect to the proposed development. These can be found in Attachment `D'. A summary of what we heard, and staff responses are noted below. What We Heard Staff Comment Traffic on Ottawa Street is already The intersection of Ottawa and Fischer Hallman is one of busy, this development will make it the busiest in the Region. The number of units for the worse proposed development is low and does not warrant a detailed traffic study. The addition of 20 units is not expected to have adverse impacts on traffic in the area. The development will result in forward egress onto Ottawa Street South, rather than the existing conditions of vehicle backing out of driveways. This development is too large for The proposed development will remain a low-rise this site residential use, which is permitted in the Low Rise Residential land use designation in the Official Plan. The scale and massing is compatible with the surrounding neighbourhood and the use is present in the surrouinding neighbourhood. Page 13 of 410 Privacy and rear parking lot Landscaped areas have been included between the parking area and abutting lands, to provide a buffer between the asphalt area and the property lines. Landscaping and a 1.8 metre (6 foot) high fence will help to screen the parking area. In regards to concerns about privacy, the rear facing balconies are located approximately 25 metres from the rear lot line, whereas the minimum is 7.5 metres. This will help to mitigate overlook concerns as they will be located 25 metres from the rear lot line and provide an approximate building separation of 46 metres from the abutting homes on Nine Pines Road. Garbage storage will become a Garbage storage has been detailed on site plan to include nuisance for adjacent neighbours deep well units. These units store waste deep underground and in a sealed container, presenting less nuisance issues such as wildlife foraging than traditional dumpster or roll out bins. The deep wells also provide for less frequent pick ups, resulting in less impact to adjacent properties. Water drainage is an issue and The proposed development would be required to install backyards on this block get flooded stormwater management infrastructure to collect in the spring rainwater and store on-site or discharge to municipal infrastructure. Parking on site and on -street The proposed parking on site meets the 2019 Zoning By - parking law rates and alternative modes of transportation is available in the area. On -Street parking is subject to City restrictions of 3 hours at a time, making it only viable for short term visits, not residential use. Planning Conclusions: In considering the foregoing, staff are supportive of the Zoning By-law amendment. Staff is of the opinion that the subject applications are consistent with policies of the Provincial Policy Statement, conform to Growth Plan for the Greater Golden Horseshoe, the Regional Official Plan, and the City of Kitchener Official Plan and represent good planning. Staff recommends that the application be approved. The proposed application represents an opportunity to provide `missing middle' housing that addresses a need in our community. STRATEGIC PLAN ALIGNMENT: The recommendation of this report supports the achievement of the City's strategic vision through the delivery of core service. FINANCIAL IMPLICATIONS: There are no financial implications associated with this recommendation. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Council / Committee meeting. A large billboard notice sign was posted on the property and information regarding the application was posted to the City's website. Following the initial circulation referenced below, an additional courtesy notice of the public meeting was circulated to all property Page 14 of 410 owners within 240 metres of the subject lands, those responding to the preliminary circulation and Notice of the Public Meeting was posted in the Waterloo Region Record on November 18, 2022 (a copy of the Notice may be found in Attachment `B'). CONSULT —The proposed Zoning By-law Amendment was originally circulated to property owners within 240 metres of the subject lands on June 1, 2022. In response to this circulation, staff received written responses from 12 residents, which are included in Attachment `D'. A Neighbourhood Meeting was held on November 8, 2022 and attended by approximately 10 residents. PREVIOUS REPORTS/AUTHORITIES: • Zoning By-law 85-1 • Zoning By-law 2019-051 • Official Plan, 2014 • Regional Official Plan, 2010 • Provincial Policy Statement, 2020 • Planning Act, 1990 • A Place to Grow Growth Plan, 2020 REVIEWED BY: Malone -Wright, Tina — Interim Manager of Development Review, Planning Division APPROVED BY: Justin Readman - General Manager, Development Services ATTACHMENTS: Attachment A — Proposed Zoning By-law Amendment Attachment B — Newspaper Notice Attachment C — Department and Agency Comments Attachment D — Neighbourhood Comments Attachment E — Concept Plan Page 15 of 410 follows: DSD -2022-461 Attachment "A" PROPOSED BY — LAW 12022 BY-LAW NUMBER OF THE CORPORATION OF THE CITY OF KITCHENER (Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener — Ihor Dotsenko and Yuliya Dotsenko and 9474765 Canada Inc. — 1257 &1265 Ottawa Street South) 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 Schedule Number 68 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 Residential Three Zone (R-3) to Residential Six Zone (R-6) with Special Regulation Provision 784R. 2. Appendix D of By-law 85-1 is hereby amended by adding Section 784R thereto as follows: 784. Notwithstanding Sections 6 and 40.2.6 of this By-law, the following regulations shall apply for a multiple dwelling: a) The maximum Floor Space Ratio (FSR) shall be 0.63. b) The minimum required parking shall be 1.15 spaces per dwelling unit." PASSED at the Council Chambers in the City of Kitchener this day of 12022. Mayor Clerk Page 16 of 410 DSD -2022-461 Attachment "A" PROPOSED BY — LAW 12022 BY-LAW NUMBER OF THE CORPORATION OF THE CITY OF KITCHENER (Being a by-law to amend By-law 2019-051, as amended, known as the Zoning By-law for the City of Kitchener — Ihor Dotsenko and Yuliya Dotsenko and 9474765 Canada Inc. — 1257 &1265 Ottawa Street South) WHEREAS it is deemed expedient to amend By-law 2019-051 for the lands specified above; NOW THEREFORE the Council of the Corporation of the City of Kitchener enacts as follows: 1. Zoning Grid Schedule Number 68 of Appendix "A" to By-law Number 2019-051 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 Low Rise Residential Two Zone (RES -2) to Low Rise Residential Five Zone (RES -5) with Site Specific Provision (354). 2. Section 19 of By-law 2019-051 is hereby amended by adding Section 19 (354) thereto as follows: "354. Notwithstanding Table 7-6 of this By-law within the lands zoned RES -5 and shown as affected by this subsection on Zoning Grid Schedule Number 68 of Appendix `A', the following special regulations shall apply: a) The maximum Floor Space Ratio (FSR) shall be 0.63." 3. This amending By-law shall come into force on the day that By-law 2022-040 (Comprehensive Review of the Zoning By-law (CRoZBy) Stage 2b — Applying New Residential Zones on Properties) as it applies to the subject lands comes into effect. PASSED at the Council Chambers in the City of Kitchener this day of 2022. 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Concept Drawing II)iii/ eLLiru g II a'ti :: cif 0 20 � Iii... i1,:d Date: December 12, 2022 Time: 3:00 p.m. Location: Council Chambers, Kitchener City Hall 200 King Street west V'irWalZoom Fleeting To view the staff report, agenda, meetingdetails, start i this item or to appear s a delegation, isi : To learn more about this project, including information on your appeal rights, visit: www.kitchener.ca/ Pla n n i ngAppl ications or contact: Eric Schneider, Senior Planner 519.741.2200 x 7843 eric.schneider@ kitchener.ca A Zoning By-law Amendment Application will be considered to facilitate the redevelopment of the site by proposing to remove the 2 existing single detached dwellings and replacing them with a 3 -storey multiple dwelling building having 20 dwelling units and a Floor Space Ratio (FSR) of 0.63 instead of 0.6. Page 20 of 410 Eric Schneider Senior Planner City of Kitchener 200 King Street West, 6t" Floor P.O. Box 1118, Kitchener, ON N2G 4G7 Dear Mr. Schneider, PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES Community Planning 150 Frederick Street 8th Floor Kitchener Ontario N2C 4J3 Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4466 www.regionofwaterloo.ca MonikaOviedo226-753-830 File: ZBA 11* • November 1 Re: Proposed Zoning By-law Amendment ZBA 22/009 1257-1265 Ottawa Patterson Planning Cr O Scott Patterson) or behalf of AgrawalReal Estate CITY OF KITCHENER Patterson Planning Consultants on behalf of Agrawal Real Estate Investments has submitted a Zoning By-law Amendment for a development proposal at 1257-1265 Ottawa Street South (subject lands) in the City of Kitchener. The proposed Zoning By-law Amendment is to rezone the subject lands from the Residential Three (R-3) Zone in Zoning By-law 85-1 and Low Rise Residential Two (RES -2) in Zoning By-law 2019-051 to Low Rise Residential Five (RES -5) in Zoning By- law 19-051. In addition, a site specific provision has been proposed to allow for an increased Floor Space Ratio (FSR) of 0.63 (whereas 0.6 is permitted). The effect of the Zoning By-law Amendment will see the demolition of two existing single detached dwellings and the construction of a three-storey building containing 20 residential units. Twenty-three vehicular parking spaces are proposed, including three visitor spaces and one barrier -free space. Document Number: 4213078 Version: 1 Page 21 of 410 Regional Comments Consistency with Provincial Legislation and Regional Official Plan Conformity The subject lands are designated "Urban Area" and "Built -Up Area" on Schedule 3a of the Regional Official Plan (ROP) and the site is designated Low Rise Residential in the City of Kitchener Official Plan. Regional staff understand that the proposal contributes to the density in the Built -Up Area. Within the Urban Area, the Region directs the majority of growth to the built up area through intensification. Focal points for intensification include the Region's Urban Growth Centers, Major Transit Station Areas, Reurbanization Corridors, Major Local Nodes and Urban Designated Greenfield Areas. These areas are planned to have a more compact form with a mix of employment, housing and services in close proximity of each other and higher frequency transit. Regional staff understand that the development proposal is located in the Built -Up Area of the City of Kitchener and that the proposed development will contribute to the minimum target for intensification established for the Built -Up Area within the A Place to Grow: Growth Plan for the Greater Golden Horseshoe and the Regional Official Plan. Hydrogeology and Source Water Protection Staff note that a provisional risk management plan has been negotiated for the development and that a valid Section 59 notice was issued on February 2, 2022. The Risk Management Officer has no further comments at this time. Corridor Management Transportation Noise Regional staff have reviewed the study entitled "Environmental Noise Study 1257-1265 Ottawa Street South, Kitchener, Ontario" dated January 28, 2022, by JPE Engineering. The report was prepared in support of the ZBA application 22/09 and accepted by Regional Staff. Based on the findings of the report it is determined that the development is feasible with the inclusion of various noise attenuation measures. The following recommendations of the noise study, pertaining to the transportation noise, will be required to be implemented through a registered agreement with the Region of Waterloo through a future condominium or consent application and site plan application: The developer agrees to implement the recommendations of the report "Environmental Noise Study Proposed Residential Development 1257-1265 Ottawa Street South, Kitchener" as prepared by JPE Engineering and further agrees that: Document Number: 4213078 Version: 1 Page 22 of 410 All Units: 1. All units in the proposed development will be installed with suitably sized and designed air -ducted heating and ventilation system; and will be installed with central air-conditioning, prior of building/occupancy permit. 2. The installation of central air conditioning systems and a double -glazed window and building construction meeting the minimum requirements of the Ontario Building Code (OBC) will provide adequate sound insulation for the proposed building and will exceed this requirement. 3. When detailed floor plans and building elevations are available for the suites along the Ottawa Street South, the glazing requirements shall be refined based on actual window to floor area ratios. 4. The following Noise Warning Clauses will be registered on title through a future development agreement with the Region of Waterloo and included in all Agreements of Purchase and Sale/Lease/Rental Agreements (and a Condominium declaration if applicable): "Purchasers/tenants are advised that despite the inclusion of noise control features in the development and within the building units, sound levels due to increasing road traffic may on occasions interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Municipality and the Ministry of the Environment. " "This unit has been supplied with a central air conditioning system which will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Region of Waterloo and the Ministry of the Environment." Further to the above, that prior to the issuance of any building/occupancy permits, the City of Kitchener's Building Inspector will certify that the noise attenuation measures are incorporated in the building plans and upon completion of construction, the City of Kitchener's Building Inspector will certify that the dwelling units have been constructed accordingly. Stationary Noise Regional staff have reviewed the stationary noise aspects of the study entitled "Environmental Noise Study 1257-1265 Ottawa Street South, Kitchener, Ontario" dated January 28, 2022, by JPE Engineering and have no objection to the Zoning By-law Amendment based on the findings of the report. The study determined that stationary noise sources requiring assessment included 20 HVAC units. The modeled results indicate predicted noise levels for the daytime and Document Number: 4213078 Version: 1 Page 23 of 410 nighttime periods are below the noise level limits of the MECP NPC -300 noise guideline for a Class 1 acoustical environment at off-site points of reception. No mitigation is required to protect off-site receivers. With respect to impact of on-site noise sources on on-site receptors, the report notes the individual HVAC units will be located on the balconies of each unit, with each balcony separated by a wall or balcony wall thus HVAC units being screened acoustically from neighbouring residential units shall be implemented at the Site Plan Stage. The report notes that the proposed HVAC units are specifically designed to be located on the exterior of residential units. It concludes that the HVAC units are acceptable from a noise perspective and no mitigation is required. Notwithstanding these conclusions, please be advised that the MECP NPC -216 guidelines apply to residential units in this case. In reviewing aerial imagery, there does not appear to be any noise sources of potential impact from off-site noise sources on on-site sensitive receptors. No further assessment is required from off-site noise sources. Based on the above, Regional staff are satisfied with the stationary noise components of the study and no further mitigation for stationary noise is required. Water Services Staff note that the property is serviced by two existing legacy connections to the Regional 450mm Zone 5 watermain on Ottawa Street South. Typically, services of Regional watermains are not permitted. However, future Region Transportation Capital Project 5796 will include the replacement of the 4500mm Regional main with a local watermain. The project is currently scheduled for 2022-2023. If the proposed connections for this development occur prior to the local watermain installation, a temporary connection to the 450mm Regional watermain will be permitted. Housing Services The following Regional policies and initiatives support the development and maintenance of affordable housing: • Regional Strategic Plan o Objective 4.2 requires the Region to make affordable housing more available to individuals and families. • 10 -Year Housing and Homelessness Plan o contains an affordable housing target which is that 30% of all new residential development between 2019 and 2041 in Waterloo Region is to be affordable to low and moderate income households. • Building Better Futures Framework o shows how the Region plans to create 2,500 units of housing affordable to people with low to moderate incomes by 2025. • Region of Waterloo Official Plan Document Number: 4213078 Version: 1 Page 24 of 410 o Section 3.A (range and Mix of Housing) contains land use policies that ensure the provision of a full and diverse range and mix of permanent housing that is safe, affordable, of adequate size, and meets the accessibility requirements of all residents. The Region supports the provision of a full range of housing options, including affordable housing. Rent levels and house prices that are considered affordable according to the ROP are provided below in the section on affordability. Should this development application move forward, staff recommend that the applicant consider providing a number of affordable housing units on the site (affordable according to the ROP definition). In order for affordable housing to fulfill its purpose of being affordable to those who require rents or purchase prices lower than the regular market provides, a mechanism should be in place to ensure the units remain affordable and establish income levels of the households who can rent or own the homes. Staff further recommend meeting with Housing Services to discuss the proposal in more detail and to explore opportunities for partnerships or programs and mechanisms to support a defined level of affordability. Affordability For the purposes of evaluating the affordability of an ownership unit, based on the definition in the Regional Official Plan, the purchase price is compared to the least expensive of: Housing for which the purchase price results in annual accommodation costs which do not exceed 30 percent of gross $385,500 annual household income for low and moderate income households Housing for which the purchase price is at least 10 percent below the average $576,347 purchase price of a resale unit in the regional market area Based on the most recent information available from the PPS Housing Tables (2021). In order for an owned unit to be deemed affordable, the maximum affordable house price is $385,500. For the purposes of evaluating the affordability of a rental unit, based on the definition of affordable housing in the Regional Official Plan, the average rent is compared to the least expensive of: Document Number: 4213078 Version: 1 Page 25 of 410 A unit for which the rent does not exceed 30 per cent of the gross annual $1,470 household income for low and moderate income renter households A unit for which the rent is at or below the Bachelor: $950 average market rent (AMR) in the 1 -Bedroom: $1,134 regional market area 2 -Bedroom: $1,356 3 -Bedroom: $1,538 4+ Bedroom: $3,997 *Based on the most recent information available from the PPS Housing Tables (2021) In order for a rental unit to be deemed affordable, the average rent for the proposed units which have fewer than 3 bedrooms must be at or below the average market rent in the regional market area as shown above. For proposed units with three or more bedrooms, the average rent for the units must be below $1,470. Please do not hesitate to contact me directly by email at JlVlaanMjgqgp22regionofwaterloo.ca should you have any questions or wish to discuss in more detail. Conclusions: Regional staff have no objection to Zoning By-law Amendment Application No. ZBA22/009. Implementation • the accepted noise mitigation •. shall be through a future Consent or Condominium Application and Site Plan Approval Application stage. General Comments and next steps Any future development on the lands subject to the above -noted application will be subject to the provisions of Regional Development Charge By-law 19-037 or any successor thereof. Further, please accept this letter as our request for a copy of the draft By-law and decision pertaining to this application. Should you have any questions, please do not hesitate to contact me. Yours truly, C. Agrawal Real Estate Investments (Owner), Patterson Planning Consultants Inc. C/O Scott Patterson (Applicant) Document Number: 4213078 Version: 1 Page 26 of 410 GRCA Comments GRCA has no objection to the approval of Zoning By-law Amendment ZBA22/009/O/ES (1257 & 1265 Ottawa Street SoUth\. The subject properties do not contain any watercourses, floodplains, shorelines, wetlands, valley slopes or other environmental features of interest to GRCA. The properties are not subject to Ontario Regulation 150/06 and therefore we have no comment. Sincerely, Jessica Jessica Conroy, VIES Pl. Resource Planning Technician Grand River Conservation Authority 400 Clyde Road, PO Box 729 Cambridge, (]NN1R5VV0 Office: 519-O21-2708ext. 223O Toll-free: 1-866-900-4722 Email: Lcon royff_g rand river. ca www, arand river. ca I Connect with us on social media Page 27Of410 City of Kitchener Zone Change / Official Plan Amendment Comment Form Address: 1257 Ottawa St S Owner: Agrawal Real Estate Investment Trust & Dotsenko Application: Zoning By-law Amendment #ZBA22/009/0/ES Comments Of: Parks and Cemeteries Commenter's Name: Lenore Ross Email: Lenore. ross@kitchener.ca Phone: 519-741-2200 ext 7427 ❑ 1 plan to attend the meeting (questions/concerns/comments for discussion) X❑ No meeting to be held ❑ I do NOT plan to attend the meeting (no concerns) 1. Documents Reviewed: I have reviewed the documentation noted below submitted in support of a ZBA to permit a 3 - storey building with 20 residential units. To facilitate this development a ZBA has been requested to implement RES -5 in Zoning By-law 2019-051. The owner is also requesting that a new site-specific provision be added to the zoning by-law to allow an increase in Floor Space Ratio (FSR) to 0.63. 1. Reinders + Law Ltd — Architectural Site Plan rev#5 dated 12/05/2021 2. Patterson Planning Consultants Inc - Urban Design Brief dated April 2022 3. Patterson Planning Consultants Inc - Planning Opinion Report dated April 2022 4. Reinders + Law Ltd - Typical Floor Plans dated 2022-01-21 2. Site Specific Comments & Issues: This site is within the Laurentian Hills Planning Community and although Places and Spaces (June 2022 draft) identifies this site as being within a 500m walkshed of existing local park space, Ottawa St S is a significant road barrier for short-term park use and this emphasizes the importance of quality on-site amenity spaces for residents' use. The proposed site plan indicates private patio/balcony areas that are small and a common amenity area that is 46M2 of concrete pavement. Prior to Parks and Cemeteries providing support for the Zone Change Application, an improved on- site amenity space should be shown on a revised site plan and the Urban Design Brief should be updated to include conceptual amenity area design and precedent images 3. Comments on Submitted Documents The following comments should be addressed at this time. 1) Reinders + Law Ltd —Architectural Site Plan rev#5 dated 12/05/2021 a) an improved on-site amenity space should be shown on a revised site plan 2) Patterson Planning Consultants Inc -Urban Design Brief dated April 2022 A City for Everyone Working Together — Growing Thoughtfully — Building Community Page 1 of 2 Page 28 of 410 City of Kitchener Zone Change / Official Plan Amendment Comment Form a) the Urban Design Brief should be updated to include conceptual amenity area design and precedent images 4. Policies, Standards and Resources: • Kitchener Official Plan Policy Asper Section 8I2—Urban Forests ofthe Official Plan ... o policy 8.C.2.16., the City requires the preparation and submission of a tree management plan in accordance with the City's Tree Management Policy (available on the City's Website), as a condition ofudevelopment application. o policy 8.C.2.6., the City will incorporate existing and/or new trees into the streetscape or road rights-of-way and encourage new development or redevelopment to incorporate, protect and conserve existing healthy trees and woodlands in accordance with the Urban Design Policies in Section 13 (Landscape and Natural Features) of the Urban Design Manual (UDM) and the Development Manual. o Please see UDM Part [ Section 13 and for detailed submission requirements • City ofKitchener Park|and Dedication Policy • City ofKitchener Development Manual w Cycling and Trails Master Plan (2O2O) • Chapter 69Oofthe current Property Maintenance By-law • Places and Spaces (June 2O2Zdraft) • Urban Design Manual The parkland dedication requirement for this submission is deferred and will be assessed at a future Site Plan Application. Parkland dedication will be assessed based on the land use class(es) and density approved through the ZBAand required asacondition nfSite Plan Approval Park|and dedication is required for the application as cash -in -lieu of land. Dedication requirements are subject to the Park|and Dedication Policy in effect. Please be advised that the City of Kitchener Parldand Dedication Policy is currently under review ACity for Everyone Working Together — Growing Thoughtfully — Building Community Page 2of2 Page 29Of410 Application Type: Zoning By-law Amendment App|ication:Z8A22/OOQ/O/ES Project Address: 1257 8' 1365 Ottawa Street South Comments of: Transportation Senvices [onomenLer'sName: Dave Seller Emai|:davese||er@kitohener.ca Phone: S19-741-22OOext. 7369 a. Transportation Service have no concerns with the proposed Zoning By-law amendment being proposed for this development. b. Transportation Services support the 3m x45m driveway visibility triangles. c Based on the plan submitted with this application, Transportation Services support the proposed parking rate of 1 parking space per unit, plus 15% visitor parking. This equates to a total of 23 parking spaces, of which, 3 are allocate for visitor and 20 spaces are allocated for tenants. This vehicle parking rate follows the intent ufzoning by-law 2O19-051. d. Class A bicycle parking should be provided ata minimum rote of 0.5 spaces per unit. This vvmu|d equate to 10 bicycle parking spaces, based on the 20 units being proposed. This bicycle parking rate follows the intent of zoning by-law 2819-051. The bicycle parking can be provided in a separate accessory building or storage lockers and be easily accessible for all users and bicycle types. Dave Seller, C.E.T. Traffic Planning Analyst | Transportation Services | City of Kitchener 519-741-2200 ext. 7369 1 TTY 1-866-969-9994 | 0 0014 V 0 0 0 Page 30 of 410 I have reviewed the submitted package for 1257 and 1265 Ottawa Street and have no concerns about the proposed design. It would be great if they could relocate the proposed parking space #1 as it is highly exposed from the street. We can discuss this more in detail during the site plan process. Senior Urban Designer/ Planning Division / City of Kitchener 519-741-2200 ext. 7342 / TTY 1-866-969-9994 Page 31 of 410 Good Morning Eric, The Waterloo Region District School Board (WRDSB) has reviewed the agency circulation for the above - noted application which proposes to rezone the subject lands to facilitate the development of 20 stacked townhouses. The WRDSB offers the following comments for information and consideration: Student Accommodation At this time, the subject lands are within the boundaries of the following WRDSB schools: • Forest Hill Public School (Junior Kindergarten toGrade G); • Laurentian Public School (Grade 7toGrade 8);and wCameron Heights Collegiate Institute (Grade QtoGrade 12). The VVRDSB's2020-2030 Long -Term Accommodation Plan provides information on student enrolment and accommodation atthese schools. Student Transportation The VVRD5Bsupports active transportation, and vverequest that pedestrian safetvandconnentivhxbe considered insite design and through construction ofany development. Student Transportation Services of Waterloo Region (STSWR)'s school buses will not travel privately owned or maintained right-of-ways to pick up/drop off students. Transported students may be required to meet the bus at a congregated bus pick-up point and STSWR may have additional comments about student pick-up point(s) placement on municipal right-of-ways. Education Development Charges Please be advised that any development on the subject lands is subject to theWRDS13's Education Development Cha[�B -�Iqw 2021, asamended orany successor thereof and may require the payment of Education Development Charges prior to the issuance of a building permit. Should you have any questions regarding the above, please do not hesitate to contact the undersigned. Sincerely, Christie Christie Kent MopRPP Senior Planner Waterloo Region District School Board 51Arde|tAvenue, Kitchener ON, N2C2R5 T:51Q-57O-O003Ext. 445Q Page 32 of 410 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 B) That the developer shall include the following wording in the site plan agreement to advise all purchasers of residential units and/or renters of same: "In order to limit liability, public school buses operated bythe Student Transportation Services of Waterloo Region (STSWR), or its assigns or successors, will not travel on privately owned or maintained right-of-ways to pick up students, and potential busing students will be required to meet the bus at a congregated bus pick-up point.' C) That the developer enter into an agreement with the City of Kitchener to be registered on the title tothe Property that provides: "All agreement ofpurchase and sole orleases for the sale orlease ofo completed home or a home to be completed on the Property must contain the wording set out below to advise a// purchasers of residential units ondlor renters of same." "In order to limit liability, public school buses operated bvthe Student Transportation Services ofWaterloo Region (STIN/8),mrits assigns orsuccessors, will not travel on privately owned or maintained right-of-ways to pick up students, and potential busing students will berequired tomeet the bus otmcongregated bus pick-up point. " If you require any further information, please contact me by e-mail at Jordan. Neaje@wcclsb.ca. Thank you, Jordan Neale Planning Technician, VVCDS8 4DODutton Dr, Waterloo, ()NN2L4C6 519-S78'366Oext. 23G5 Page 33 of 410 City of Kitchener - Comment Form Project Address: 1257 & 1265 Ottawa Street S Application Type: OPA and ZBA Comments of: Environmental Planning (Sustainability) — City of Kitchener Commenter's name: Gaurang Khandelwal Email: gaurang.khandelwal@kitchener.ca Phone: 519-741-2200 x 7611 Written Comments Due: June 27, 2022 Date of comments: June 27, 2022 1. Plans, Studies and/or Reports submitted and reviewed as part of a complete application: • Sustainability Statement, 1257-1265 Ottawa Street South, prepared by Patterson Planning Consultants Inc. Comments & Issues: I have reviewed the documentation (as listed above) to support a Zoning By-law Amendment to redevelop the subject lands by demolishing the existing two single detached dwellings on site and replacing them with a 3 -storey building with 20 residential units, regarding sustainability and energy conservation and provided the following: • Based on my review of the supporting documentation, the proposed development is generally in compliance with the Ontario Building Code (OBC). • Although the Ontario Building Code (OBC) is advanced, going forward all developments will need to include robust energy conservation measures as the City (and Region of Waterloo) strive to achieve our greenhouse gas reduction target. • It is recommended that more progressive measures that go beyond the OBC be explored to further energy conservation, generation, operation and benefit future residents/tenants. An updated Sustainability Statement incorporating a more progressive energy conservation and efficient design is required to support the Zoning Bylaw Amendment. The applicant should further clarify: o Why the cost of implementing alternative water supply and demand management systems as well as alternative energy systems is not feasible for a project of this scale o If the development be able to add/incorporate alternative water supply and demand management, and alternative energy systems in the future o If the building will be engineered to add solar PVs if required 1IPage Page 34 of 410 u If the development will utilize low -flow plumbing fixtures to reduce water demand o If the units will be separately metered to allow for more efficient management of energy use onatenant-bv-tenan1basis o If LED lighting will be utilized for indoor and outdoor lighting and if sensors will be used toincrease energy efficiency o If the roof will have white/light colored material to reduce heat island effects and reduce cooling requirements o If the building/units minimize air pollutants in interior materials by using low or no VOC paints and finishes o If the development will have provision of community/common gardens and/or urban agriculture with on-site composting for future residents � A Sustainability Statement (as per the City's Terms of Reference) will be required as part of a complete Site Plan Application which can further explore and/or confirm additional sustainability measures that are best suited tnthe development. 3. Policies, Standards and Resources: w Kitchener Official Plan Policy 7C.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.[6 to accommodate current and projected needs of energy consumption. w Kitchener Official Plan Policy 7I.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 7I.6.8. Development applications will be required to demonstrate, to the satisfaction of the City, energy is being conserved or low energy generated. • Kitchener Official Plan Policy 7I.627. 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. 4. 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://vvww.sustainab|evvater|ooregionza/nur-programs/re8iona|-sustainabi|ity- initiative andTrave|VVise ht1p://vvvvvvsustainab|evva1edooregion.oa/our-programs/trave|vvise). The can be found on the City's website under 'Planning Resources' at ... 2|Pa�e Page 35 of 410 Building; no concerns Mike Seiling Building Division 519.741.2200 Ext. 7669 Page 36 of 410 Eric Schneider From: Colleen Stewart Sent Sunday, November 2(\2O2210:4SAM To: Eric Schneider; Paul Singh; Subject: Meeting Re: 1257 and 1256 Ottawa Street S. Proposed Development You don't often get email from, �a Dear Mr. Schneider, Mr. Singh, and Mr. Patterson: I am writing to you all to express my utter disappointment in the Neighbourhood Meeting that was conducted for residents surrounding the proposed development. This meeting was so poorly executed, and I am wholeheartedly against this proposed new development in my neighbourhood, I implore you to take a few moments and read my letter in its entirety as I am entitled to express my feedback. Firstly, the method you chose tmpresent the meeting is100%exclusionary and discriminatory. The vast majority of residents that were invited to participate are seniors, most do not have internetorthe capacity to attend a zoom meeting. Most have been out of the workforce for 15 years plus, and have never even heard of a zoom meeting. This,| feel, was intentional.There are currently NO Covid restrictions, and no reason whatsoever to have not had an in-person meeting. I'm sure all of you are attending in person meetings now, and you could have organized one for these residents. To that point, if someone had special needs or accomoclations at a regular meeting, you would have been obliged to offer them provisions to be able to attend and participate i ' n the meeting. |nfact, children are given computers in school in order to be able to participate in online classes so that no one is left out. Yet you sent out card detailing a meeting to citizens that do not have the required devices, technology, nor the knowledge on how to participate actively and fully. We are still dealing with residents using |and|ines. Unless they had internet capability, and then a computer, and THEN someone to show them how to use Zoom, they could not ask questions, express their opinions, or participate fully. This was so aQeis1 and left the majority ofresidents upset, and feeling like they were not being respected or heard. Not only could telephone participants not ask questions or add comments, they were helpless and couldn't do anything but listen toyour script. Secondly, the presenters spoke very quickly and using terminology completely foreign to the residentshere. |wms typing in questions on behalf of my partner, Brian Chivers, as he was asking them, and the message kept coming up that the question has been answered, the question has been answered .... well I ask You, what good is an answer if nobody understands it? Again, I feel as though you were simply disregarding and pandering to your coworkers rather than engaging inmeaningful dialogue. Quoting bylaws, or dismissing people's genuine concerns with a "most of you already have trees in your backyard, so..." comment is not only dismissive rhetoric, but rude. You reminded Brian to"be respectful ...... but | would say that sitting safely behind a computer screen using pre -determined answers and big fancy words was the utmost ofbeing disrespectful. Unless none ofyou have ever had grandparents oraging parent, you know full well that you 100% did not do your job, nor did you acknowledge genuine questions with genuine answers. No compassion. No understanding. On the subject of being "disrespectful", I was still raising my hand when it was said, "if there are no more questions, we'll finish ithnre" I raised it three times as I wanted to participate as well, but as Brian had been deemed to be "disrespectful", his name was no longer called. | am still in the workforce, and so | understand that the definition of :disrespectful" has definitely evolved, but do you think that people in their late 70's understand your new definition? Being upset, and being passionate, and the way the older generation expresses themselves cannot be held to newly developing workplace etiquette as they have never experienced this. | felt that, knowing Brian as|do, that he was extremely restrained and had legitimate questions. But, that isn;teven onthe record for your coworkers to hear. They will have togobyatranscript ofwhat was said. So, ofthe four people that were actually able togive their Page 37 of 410 comments, you did not respect and stopped acknowledging one of them because why, he doesn't like your proposal? Or are you so politically correct that you only acknowledge people who understand the NEW RULES? Also speaking of disrespect, our elected City Councillor couldn't even grace us with his presence. Our so-called representation didn't even show up. Yet you proceeded with the meeting even though OUR representative wasn't there. Shame on you, Paul Singh ... you were happy to get our votes but where were you when your duty to us was called upon? Thirdly, you are proposing building this on the perimeter of the most expensive homes in this very well established neighbourhood. The question was asked, would you do this in other expensive neighbourhoods, or are our home values not as "valuable"? Is our privacy, tranquility, neighbourhood sense of community less valuable? Not to the residents who have lived here for 20, 25, 30 plus years. Most unfortunately, I totally expect that your "arborist" will allow you to rip down the mature trees that would make even the thought of this more palatable with some excuse that meets your agenda because building around them will be somewhat more challenging. You say you will "landscape" the property, but I'm sure you won't plant quick growing trees (or replace the ones removed with mature trees at a greater expense) that will produce lots of leaves because then your clean up and maintenance costs will be higher. Any landscaping will be for the potential residents and maybe to hide the garbage receptacle that you want to place right at the back of OUR properties. How considerate. Your residents won;t have to smell their refuse, but instead of smelling my lilacs and long cultivated roses, I will get to smell their refuse.Your entire proposal reeks of a money grab with no regard or concern for us, the people who have MADE this neighbourhood. My fourth and final point, you did not address the effect that the additional lighting, headlights, balconies facing directly into our yard with no significant fencing or tree line, noise of twenty additional residents or multiple residents will do to the feeling of our neighbourhood. We don't close the blinds at night - we have never had a need. But now, at any given time, we may have several people looking straight at us and into our home. Our HOME. A six foot fence? Will that fence shield us from the balconies? That makes no sense whatsoever. Ask any of your engineers and planners if they can explain that to us. You are speaking of adding a minimum of 20 but potentially a hundred new residents. We are happy to include new people in the neighbourhood - we have welcomed so many new neighbours over the years. But in an area that consists of single family dwellings, this just isn;t the location to build this dwelling. I will be forwarding this letter to the Mayor of Kitchener, every City Councillor, and as a courtesy to my neighbours that DO NOT even have internet, I will be printing it and distributing it to them as well. I encourage ALL residents to write to you or call you. Regards, Colleen Stewart and Brian Chivers Kitchener, ON Page 38 of 410 From: CadnsBazzaeUa Sent: Tuesday, November 15,2O22318PK4 To: Eric Schneider Cc Paul Singh Subject: Neighbourhood Meeting Comments for Zoning By -Law Amendment ZBA22/009/0/ES Attachments: NeighbourhoodK4eeting.pdf Ynudon'toftengetemai|frnn- Learn Why this is� importzknt Hi Eric, Please include these cormients in the public record. Carlos 1 Page 39 of 410 November 14/2022, Response to Neighbourhood Meeting for the proposed Zoning By-law Amendment number ZBA22/009/0/ES for the properties located at 1257 & 1265 Ottawa St. S. Kitchener. This meeting was held online/phone-call Nov 8 @ 7pm and lasted just over an hour. The sign in front of the properties at issue were updated with the meeting information less than 7 days before the meeting. We were told that our representative, Paul Sign, would be present in the meeting but he did not attend. The vast majority of people on our street, Nine Pines Rd., are old and do not have internet so their only way to contribute to the meeting was to do a phone -call. The problem is that only people online could ask questions via chat so that silenced a bunch of unhappy neighbours that called in. Furthermore when it came time for live dialog, where the phone -call people could interact if they were still on the line, this feedback was not recorded, so basically this guaranteed phone -people had no voice in this process. The very few people that were able to get online, 4 from what I could tell, asked many questions but instead of reading the questions verbatim, the questions were real-time paragraphed by the host to be completely different than the intended questions and the chat setup did not provide a way to correct the questions so they could be answered properly. It was as if, a list of questions and answers were previously fielded and the host would just pick from that list the closest match and use them. All of the previously submitted concerns and issues with the current proposal were categorically dismissed with excuses that we wish to contest. Instead of providing us with detailed assessments with a clearly labelled expert in the field, we were just provided a few seconds of dismissal. I will go into details of some of those later but the pattern I saw was that nothing actionable or anything real was offered to alleviate our concerns. Concerns (1) Placement of multi -dwelling building on a block with the most expensive houses in the neighbourhood Nine Pines rd contains 26 high-end houses on large lots. Most are 2 floors high with 2 car garages and long driveways. There is no sidewalks. Our very own Paul Sign has provided multiple properties on this street with awards for the best properties in the neighbour. Putting a multi -dwelling building on this block would be equivalent to putting one on Deer Ridge, Hidden Valley or Mannheim. Your response was basically that the area/location doesn't matter, that you would just as well field this proposal if it was in Deer Ridge, Hidden Valley or Mannheim. We highly doubt that anybody would put a multi -dwelling building in any of those neighbourhoods because it is not compatible with adjacent uses of land. Page 40 of 410 (2) Property value destruction The concern with how this proposal would affect our property values was dismissed with basically saying that property values fluctuate so they don't really care about it. The dismissal basically said, we don't know we don't care. Problem is that if you ask any Real Estate agent how to increase the value of your property, in under a second you will hear upgrade your kitchen. Likewise it doesn't take a genius to figure out that if your quiet, isolated and nature -like backyard is now adjacent to an over -crowded parking lot that your property value will go down because it becomes a lot less appealing than before. What we want is acknowledgement of the obvious. (3) Traffic volume/car safety The Fischer -Hallman and Ottawa corner is one of the most dangerous intersections in the city. The addition of 23 cars into the mix was dismissed as irrelevant given the high volume of cars already there (10,000). This excuse makes no sense. Our issue is not with increasing the volume from 10,000 to 10,023, the issue is with the safety risk caused by these new 23 cars coming in and out of that 10,000 car volume. Since the proposal calls for a 1 lane into/out of property. What would happen if a car is coming in while there is a car already there trying to get out? How is that situation compounded with 23 cars? This 1 lane to accommodate 23 cars in and out at rush hour is inadequate. What we want is to see a real study done instead of just dismissal. Maybe a traffic light on Valleyview Rd would make it safer to get in and out of property and avoid accidents. (4) Backyard privacX Brian mentioned how this proposed building will affect his privacy and backyard enjoyment just to be dismissed with a comment about how they could build a new house with the current zoning with a second floor balcony and it would be the same privacy invasion as the proposed building. This is not correct because with current zoning, 2 floors house and 6 feet fence provides more privacy than 3 floor, 1OX more eyes and 6 feet fence. What we want is an equivalently higher fence that can provide the same level of privacy. (5) Garbage smell It was mentioned that the garbage of the 20 units would stink and affect adjacent backyards specially considering their proposed location in the back of their combined lot. This concern was dismissed by describing their stink -free in -ground garbage silos. What we want is that the in -ground garbage silos be placed as close to the street and the building front entrance as possible so that residents and people passing by can experience this amazing technological wonder of the world. Page 41 of 410 (6) Others: tree removal/pollution/noise/lights Brian mentioned that the lights and noise of 23 cars will affect his property and keep him up all hours of the night. Nothing was offered as a solution to this problem. Also removing all trees will increase the noise in our backyards because the leafs in the trees block/reflect sound. Replacing all vegetation with a parking lot will most certainly increase the risk of flooding our backyards in case their proposed draining system gets clogged. What we want is a report with real numbers about how removing these old and large 26 trees and replacing it with 23 cars affects CO2 emissions and air quality in our backyards. We want these CO2 emissions as far away from our backyards as possible and be placed in front of their building just like we currently have with every house in this block. Sincerely, Carlos Bazzarella Page 42 of 410 You don't often get email fron- HiEhc/Tom, - Monday, November 14'20227:39PK4 Eric Schneider Concerns regarding 1257 & 1265 Ottawa St. S. Kitchener. Thanks for info session about this project. However, after having reviewed the supporting documents aswell as listening to the developer's presentation, | personally don't think it is a very good fit given the topographics of this neighborhood. Zoning change I'm sure when the city did a review for new zoning change proposals, many factors must have been considered. |just don't see how it is appropriate to change a RES2 to a RES5 zoning since it is a huge stepup. My understanding is the developer decided to pursue a Res5 because their proposed building would fit best in a res5 community. Thus, I'm not sure how vveshould step upoomuch just because ofone building. Parking 4ayou know, the developer isproposing 1parking spot per unit. Unfortunately, the reality ofthe matter ismost household have Zcars. You can already see all the overflow on Williamsburg Rd and nine pines every night from the other housing complex. How does the city intend to address this situation? Especially in the winter? Park and rec space There is not enough parks and green spaces for the current residence to use currently. With anextra Z0households, is the city going to provide additional park and rec areas to support this building? Is there any sort of integration into the current park system that isinplace? Traffic/transit So due to the lack of transit options and not in the MTSA at Ottawa and Fischer Hallmann, is the city planning to increase bus routes, LTR extensions in the near future to satisfy the reduced parking a1this site? With the reduced parking, is it assumed that there will beextra uber/de|iverytraffic aswell. With asingle entry road insuch close proximity hoFischer Hallmann, how is this going to be addressed? I know from first hand during the rush hour that it is almost impossible to exit onto Ottawa stespecially the past summer due tnconstruction. Will there beamedian built toavoid traffic coming out mfthis site tohead westbound for better traffic flow? Noise/privacy I'm sure many ofmyneighbours have already brought upthis concern. Even the fact that the building isactua|kt31/2 stories having the basement 1/2 above ground, the balconies will definitely be very invasive for the surrounding neighbours without all the large trees as o buffer. A 6ftfence will definitely not provide enough privacy in any way. Garbage collection Given that 20 units will definitely require private collection, is there a plan for garbage to be collected a few times a week or what is the promise that the developer intend to deal with this issue. There isadecent amount nfwildlife in this area, so this could turn into a very big issue. Page 43 of 410 Is there a way to save more of these old trees that have grown for over 30-40 years? What are they willing to do to compensate for this? Are they planting new trees in the neighborhood? City comments I believe that I saw there has been no city comments on this project. When can we expect to see whether you or the city intend to recommend this project or not? I think in my opinion, a drastic zone change as such is a bit hard for me to accept. I can see a res 2 to res 3, but this is a huge leap! Again, I understand that the developer is asking for this because this suits their building needs, but I don't think this is the right path for this neighborhood. Thanks for your time and I hope you will have an opportunity to address my concerns. Thanks, Rock Sent from my Galaxy Page 44 of 410 Eric Schneider From: Michael Brisson Sent: Friday, November 11, 2022 8:28 PM To: Eric Schneider Subject: 1257 Ottawa St. S. - Neighbourhood Meeting [You don't often get email from Learn why this is important at https://aka.ms/LearnAboutSenderldentification ] Hi Eric, I missed the meeting. Is it available for viewing ? Please send a link if available. Thanks Michael Sent from my iPad Page 45 of 410 Eric Schneider From: Adam Herfst Sent: Tuesday, November 8, 2022 12:04 PM To: Eric Schneider Subject: 1257 & 1265 Ottawa Street South [You don't often get email from Learn why this is important at https://aka.ms/LearnAboutSenderldentification ] Hi Eric, I would like to comment that this shift to higher density residential buildings on Ottawa street is a fantastic idea. We should not have expensive and larger -footprint single dwellings on Ottawa street, it is too busy of a street. Now, what would be great is if these higher -density buildings on being built on Ottawa street would be to increase walkability and bike -ability in this area as current infrastructure is horribly inadequate for safe and convenient usage. Pedestrians and bicyclists should be much more separated from busy streets where people are driving 70 km/h, such as that stretch of Ottawa street. Thanks, Adam Herfst Student - ARIDO School of Engineering & Information Technology I CONESTOGA COLLEGE OF TECHNOLOGY & ADVANCED LEARNING Conestoga Official Disclaimer: This email and any attachments are for the sole use of the intended recipients and may be privileged or confidential. Any distribution, printing or other use by anyone else is prohibited. If you are not an intended recipient, please contact the sender immediately, and permanently delete this email and attachments. Page 46 of 410 From: D. Grant Sent Thursday, June 3O,20227:13PK4 To: Eric Schneider; Paul Singh; scott@pp|anzom Subject: [EXTERNAL] 1257 & 1265 Ottawa St S Dear Sirs, I am just responding to your plan for development on Ottawa St S. |amstrongly against this plan. After having lived onVaUeyvewRdfor almost 2Oyears, | have seen Such anincrease in traffic in this area, which has made accessing Ottawa St (especially when making a left hand turn from Valleyview onto Ottawa) increasingly difficult and dangerous. And the intersection ofOttawa and Fischer -Hallman has also become increasingly busy and dangerous for cars and pedestrians. Adding more traffic, which would be as a result of the proposed development, isn't wise and would only increase congestion and the propensity for accidents. Unfortunately I don't feel my concerns will be taken into consideration. Thank you for listening, Donna Grant Page 47 of 410 Eric Schneider From: Rhonda Reist Sent: Thursday, June 30, 2022 5:16 PM To: Eric Schneider Cc: Rhonda Reist - Work Subject: [EXTERNAL] 1257 and 1265 Ottawa Street I am just responding to your plan for development on Ottawa St S. I am strongly against this plan. After having lived on Valleyview Rd for almost 20 years, I have seen such an increase in traffic in this area, which has made accessing Ottawa St (especially when making a left hand turn from'SEP'Valleyview onto Ottawa) increasingly difficult and dangerous. And the intersection of Ottawa and Fischer -Hallman has also become increasingly busy and dangerous for cars and pedestrians. Adding more traffic, which would be as a result of the proposed development, isn't wise and would only increase congestion and the propensity for accidents. Thank you for your serious consideration of these concerns. Rhonda Sent from my Phone Page 48 of 410 Eric Schneider From: DENNIS STECKLY Sent: Thursday, June 30, 2022 4:18 PM To: Eric Schneider Subject: [EXTERNAL] Concerns regarding application for development, Ottawa St S Hello, My name is Anita Moreau-Steckly and I am a resident of Nine Pines Rd in Kitchener. My husband and I recently returned from our vacation and became aware of a planned development project at 1257 & 1265 Ottawa Street S where two residential homes are intended to be demolished and converted into a multi-level apartment complex and adjacent parking lot. I wish to express some concerns that I and my neighbours share about this planned development project. My neighbours and I are concerned that this rezoning and development project will negatively impact life on our adjoining street as well as the value of our own properties. Many of the homes on our street are upwards of 50 years old; at the time of their construction, they were located on the edge of town and none of the occupants would have imagined a scenario where they might find themselves adjacent to an apartment complex of this nature. Though times may change, many of the residents of this neighborhood are still primarily families in single dwelling homes. Some of our neighbours whose yards border on this proposed project will lose the majority of their backyard privacy as well as the shade provided by the many mature trees that would need to be cut down. We worry that changing the zoning in our area would open up the possibility of similar developments being proposed in other nearby lots in the event of other houses being listed on the market. Many of these projects are proposed by people who neither live in our area, nor intend to live here. Why then would they be concerned how their income properties negatively impact the existing neighbourhood, so long as it continues to be profitable for them? We already have plenty of issues with out-of-town property owners on our streets and their renters not maintaining their houses and lawns. Ours is not a large street and we already have issues with occupants of the townhouses on Williamsburg parking in front of our houses at all times of the day. We are concerned that the residents of the proposed apartment complex with multiple vehicles will choose to park any extra vehicles that they or their guests might own in front of our homes due to the lack of available parking on Ottawa Street. In addition to more cars, we worry that the 23+ new residents will also bring more garbage and noise pollution with them. Essentially, the number of neighbours that adjoin our street will increase 10 - fold even though the physical space will remain the same. None of us signed up for that when we bought our homes many decades ago. We respectfully ask that the city will take our concerns into consideration while looking into this matter. Sincerely, -The Steckly family Page 49 of 410 Eric Schneider From: Nathalee F. Sent: Thursday, June 30, 2022 11:19 AM To: Eric Schneider Subject: [EXTERNAL] Questions Re: Notice of Development in my Neighborhood Good morning Eric, I am writing in response to a communication I received in the mail about a pending development at 1257 & 1265 Ottawa Street South in Kitchener. Please see my questions and comments below: I. How long is this project expected to take for completion? 2. What are the anticipated impacts/ risks to residents? 3. What steps does the applicant intend to take to mitigate any risks/ impacts to residents? 4. Where will trucks and workers' vehicles be parked? This is of particular interest to me as we have limited parking in this area and a number of residents currently park on the street eg. on Williamsburg Road. Displacing us would not be fair and so it would be best if alternate arrangements be made for staff and trucks in order to ensure that residents are not inconvenienced. 5. In terms of long term parking for residents of this new development, how practical is it to have 20 units and only 23 parking spaces? Is this something that has been thought of? Is the intention that the residents (particularly those with multiple vehicles) and their visitors are to park on the road as well? This will no doubt create a strain on the already tricky situation of parking in this area. To make matters worse, given that between December 1 - March 31 of each year, the roadway cannot be used for overnight parking, where will residents of this development with more than one vehicle be expected to park? Looking gorward to answers at the earliest possible time. Thanks, Nathalee Ferguson Page 50 of 410 Eric Schneider From: Stacy Bambrick > Sent: Thursday, June 30, 2022 12:09 AM To: Eric Schneider Subject: [EXTERNAL] Application for Developement 1257-1265 Ottawa St S Attachments: Land Survey 1255 Ottawa St S.pdf, Questions - City of Kitchener Rezoning.pdf Hello Mr. Schneider, Thank you for the opportunity for the residents in the area of 1257-1265 that would be affected by the redevelopment of those properties to submit our questions and concerns. I am the proud owner I've reviewed the documentation provided on the City's website and formulated my questions or concerns in a document for your review. Please find attached, along with the only copy of the land survey (noted in the questions document). I kindly ask you to confirm receipt of this email as being on time (barely) for the submission date of June 30th. I look forward to hearing back from you regarding next steps or answering any concerns/questions in the document. I'm available by reply to this email or directly at Warmly, Stacy Have a wonderful long weekend and happy Canada Day! Page 51 of 410 Per the rendering (page 8): o There are three trees that are shown that would be planted separating the driveways, close tothe sidewalk. My concerns: � The type oftrees -wiUtheygrowiobeesignificant size? • Root systems can affect mydriveway • Root systems can affect the sewer lines running from myhome (it runs down the center ofthe two semis inparallel • Visibility from my driveway n Tbsee pedestrians coming from the left (Fisher Hallman vvay)' conversely ifleaving the new driveway, itreduces visibility tothe right (towards VVeetnnounU » For pedestrians seeing anyone leaving rnydriveway » Tbsee traffic coming from the left (Fisher Hallman) Onthe roadway, you have [obeonthe sidewalk/apron ofthe driveway before you can see oncoming traffic. Conversely for people leaving the new address and seeing traffic approaching from the right (from Westmount) o There ks@tree depicted onthe drawing atthe end ofmydriveway as itwould enter into my backyard. That tree does not exist, nor will it, as it would impede my access to my backyard. w Why would that tree be on the rendering? As an argument for dulling noise or light? Providing privacy? � Its an erroneous tree that | vvnu|d not plant there and offers no benefit to either side 1 ^==�==m Page 52 of 410 There are 3walnut trees close tothe property line, currently onmyside ofthe fence at the back of the property. One in particular overhangs onto the 1257 property, Given the proposal is to have o parking lot back there, |'nn assuming those trees will be regularly trimmed. This nnoYresult inoioni�oant|vinnn�/tnf+hnhen|+h^f+h�fn=�c ' �~—__-'—�,__---._..~..~..~' m Would there bearequest for those trees to be removed entirely? im Currently onthe rendering itdoesn't show the trees ormyshed onmyproperty there. They would overhang the yellow boxed out area on the rendering You can see from the aria] view a bit better that n What will the impact onmyproperty befor the removal ofthe large trees on the property of1257. rm Damages to the driveway? (roots? - there have already been roots identified in my sewer line by the City of Kitchener suspecting it is from that large front tree ... which means the roots run Linder my driveway) m Access tomydriveway while the front tree iSbeing removed? mi They provide quite a bit of shade which I anticipate will affect the west sunlight exposure tonnygrass and house (increase inhoating/000|ing) The rendering depicts a flat grade to the property, this is not truly representative of the actual grade. The house 8t1257sits lower than the houses oneither side. m There iSogood 2.5-3ftdifference between the back end ofmydriveway and the back corner of the house at 1257. Will this be leveed out? If not, will there be a retaining vvuU installed? What will the impact beifthe grading changes towater flow/pooling on nnyproperty. Currently | have nowater issues innnybackyard or property aeowhole. » Per Figure 4 in the Opinion report, iLshows that 1265 is higher than 1257and potentially actually higher than myproperty. Page 53 of 410 Showing that Uslopes down from Fisher Hallman towards � Figure 4: 1257-1265 Ottawa Street South (GoGgle) What hmthe height ofthe fence between the properties? o Will itprovide privacy when sitting innnybackyard? o Will it indeed be a more solid type structure, as shown, to reduce car lights flashing into myproperty (there isaside window along that new driveway) o How far forward does the fence go - will it impede visibility on entry/exit of my driveway o Was there a survey done on the property recently for proper allocation of the new fence. The only survey I have per the City of Kitchener is potentially the original (see attached). o The priorowner of 1257 indicated the fence was hers, but |'d like to know exactly where the new fence will be located to see the land impaot, if any, on my property. / have gardens pretty much the length of the fence from the end of the driveway to the back ofthe property. m What happens ifany ofthe gardens are affected when the new fence ie • Plants replaced? • Trees 8tthe back ofthe property (earlier mentioned) that are close to the property line and may affect poathO|mplacement? � Lighting - What type of lighting will be installed around the property? There is a window along my driveway for my basement and a large back bedroom window that would mostly be affected bynight lighting nfthe parking lot and cars coming and going? o Dothey project dovvnsoit'snotdiffuse|ighdng? » Will it be the same type of lighting at the side of the building that would/could shine into the side window? o The rendering doesn't show any lighting along the back of the parking lot. The only "backyard" light is off the sidewalk, which I'm not sure wouldn't be adequate lighting for the space and as such is not a true depiction of what lighting will actually be installed Will there be no idling signs posted for the parking spaces directly beside the fence? o As mentioned above, there is e side window aSwell as u side entry door directly adjacent where the cars would b8parked. im Currently wecan't easily park that far back inthe driveway and therefore e Carbon Monoxide concern has not been 8nissue osthat isnot where the Page 54 of 410 current neighboring driveway is situated. Questions regarding the type ofrental property: o Will these beowned units (units for single purchase) or1OUY6rental? • If rental: m |SdLow Income housing? is What is the demographic they are building for? � Currently the housing situation inthose two homes ielikely fairly low (room rentals) * Will there beoproperty management organization on-aite? * Will vvebenotified ofwho toreach out tnshould there be8nissue otthe property? � Traffic study -| don't see itbeing listed, was one done? n It currently iSalready a high volume and high speed traffic area with the residents leaving VoUeyvievv Dc8heiron|y wxiA, which will bedirectly adjacent tothe new driveway proposal. |fwe're all trying leave now, it's congested, nevermind adding in 22+new vehicles. » With City/Regional cons1nuohon(wdhiuhe8emotohovebeenongoingf8ryeGnA'nngink/ at Fisher Hallman and Ottawa it backs up the traffic significantly, and further impedes visibility and safety for coming and going from the driveways directly across from Valleyview Dr. and the residents of Valleyview Dr. There is already a significant amount ofhonking aa@result oftraffic back ups and lack ofcourtesy. n There is a daycare that is located on the corner of Fisher Hallman and Ottawa, which can be impacted by the increased traffic in the immediate area. Along with access to the Church facing Fisher Hallman that entre from Ottawa SL. » There are currently 22 parking spots depicted on the rendering (page 5). Currently there is about half of that volume of cars that are currently leaving these three properties. Which doubles the volume, not including visitors ordeliveries tothe new property. » This is also a potential concern for emergency vehicles response time that are traveling Ot1evvg Sttowards the nna|| and/or expressway. Currently it's already o main line for emergency vehicles. Does the Current emergency infrastructure include the intensification 0fthis nature inthe area. o Is there or would there be consideration to have a traffic light installed at WillamsbUrg Dr./Daisy Mart to break LIP the volume and potentially provide easier access coming and going from the properties along that strip? » Noise Study - I did not read anything about the increased noise conditions created for the direct residents on either side of the new building and backing on from Nine Pines. The reports attached are concerning the noise impacts for the new residents of the building. This Page 55 of 410 building will bring with it increased noise for all adjoining neighbors. This will affect the enjoyment of my property (both with noise and privacy) o The increase in traffic o The increase of HVAC Units running o Garbage and Recycling trucks o Delivery vehicles, in particular those that have back up alarms o Increase population o Car alarms & people excessively engaging their power -locking doors resulting in car honks • Garbage and Recycling Receptacles o Where will they be located? I don't see them in the rendering. They may appear near the far back left corner of the property, but I believe that was noted as a truck turn around area. o What types - metal bins or Moloks? o What would the expected pick-up schedule be (frequency). Is there a mandate? o Will they be enclosed? Many apartment buildings have over flowing receptacles, in particular around the end/first of the month when there is tenant turnover o Who is responsible for pest control if there are increased critters attracted to overflowing receptacles? • Infrastructures o Will there be any infrastructure improvements to support the additional residents? ■ Water/Sewer ■ Internet- the Bell lines are currently horrible and are forced to use Rogers' infrastructures, which are insufficient at times as it is. • Questions regarding direct impact on my property: o What is the perceived impact on Property taxes when there is a rezoning done in the area? o What is the direct impact on the property values when an apartment goes up in a residential line of housing? o What happens if there are damages done to my property during the excavation and building of the new establishment? As a result of heavy equipment. In particular my driveway given the close proximity of the new driveway being installed o What would the plan for snow removal be as the boulevards along there are not very wide and with both driveway entries so close, I don't want snow being plowed into the end of my driveway • General Questions o What is the projected timeline for the project completion from start to finish? o When is this project projected to commence? o Who is the contractor overseeing the project o Who is the overall project group/developer o What interruptions can I expect to my property as infrastructures are developed on the property is Water shut offs ■ Gas shut offs (my gas line is on that side of the house running down my driveway o What are the hours of operations for the construction? o Will there be a sewer flush during at the end of the construction for clearing all the debris that comes along with construction Page 56 of 410 Eric Schneider From: Greg Macedo > Sent: Wednesday, June 29, 2022 11:26 PM To: Eric Schneider; Paul Singh Subject: [EXTERNAL] Application For Development - 1257 & 1265 Ottawa St., S. Kitchener, Ontario Good day, We have been residing on Nine Pines Rd. for the past 25 years and chose this location for its residential appeal. Having received this notice for development, we feel it will adversely affect our neighbourhood. This proposal will bring negative changes that will eliminate the mature trees currently enhancing our environment in this area and may increase the risk of storm water issues. We do not support having an area behind us with 23 parking spots contributing to fumes, noise, and overall less peacefulness, and the thought of garbage disposal for 20 units. Why is the City of Kitchener considering disturbing this pleasing residential area while there has been a vacant lot on the corner of Ottawa St., S. and Williamsburg Rd. for decades? It would seem more appropriate to focus on this corner lot for development, than leaving it as it is presently. We would appreciate notice of any scheduled neighbourhood meetings. Regards, Greg and Karen Macedo Page 57 of 410 June 12/2022, Pcbdoo against proposed Zoning By-law Amendment number for the properties located at 1257 & 1265 Ottawa St. S. Kitchener. As the satellite picture below illustrates, replacing the 2houses in the white rectangle with a23car parking lot and a multiple dwelling 2Ounit building will significantly affect all the properties around it. It can be seen from the picture below that everyone in this block has a quiet and peaceful. backyard that will be negatively impacted by this. Property values will go down and lots of people will consider moving away from the area. Notice the large number of mature trees that will be destroyed. The 2 properties contain 7 of the oldest and tallest trees in the neighbourhood. There is no way to relocate them. The area will be converted from a green heaven to an asphalt hell and in the process expose quiet backyards to the noise and air pollution of 23 automobiles and the garbage of 20 units. Garbage smells and it is not a coincidence that their plan puts their garbage as far away from their building as possible. This lO}{increase io garbage, noise and air pollution will affect adjacent properties. Nobody bought a property in this block ever expecting such destruction to happen. Not only destruction in nature but also destruction in property value. Another issue is that all of our backyards are located in a flood plain. When it rains a lot our backyards get flooded for ofew days. Check the engineering drawing for the house a152Nine Pines Rd. and you will see it required a double stacked foundation. Replacing the current 2 houses with a parking lot will send more rain water to our backyards instead of being absorbed by the land. The zoning are too radical (going from BE3-2 to RES -5 and increasing Floor Space Ratio). Nine Pines Rd. contains a set of the largest and most expensive houses (single detached residential dwellings) in the neighbourhood. The block contains 26lots where 20are RES -2 (77Y6)' 4are IlES-4 Page 58 of 410 vast majority of lots in the block are RES -2, it makes no sense to allow such large jump in zoning to the detriment of surrounding property owners. There is also a safety issue due to the proximity of this to one of the busiest and most dangerous intersections in KW area. This property islocated only l35mfrom the Fischer -Hallman Rd8Ottawa 5t. S. intersection where a large flow of cars makes it unsafe for current vehicles to enter 8c exit their Ottawa St. properties. This danger will be compounded if another 23 cars are added to the mix. Notice on the picture below the number oflanes at the io(erarcdou' 2 lanes merge into Ottawa from Fischer - Hallman and there is no traffic light atNine Pines audValleyvicvv Rd. Ascan beseen from the pictures above, the zoning change proposal iaakin to changing Victoria Park zoning ioallow ahigh rise apartment building to bebuilt in the middle ofit. There are better places for such projects ootfarfnoroibeproposedsite(ooeofdhezocanbeseeulodbeOrstPicturcabovp)tbaL would certainly appease our concerns. In Suozn/ory, the for the following reasons: I.. Major adverse impact ouabuidugyrnpertes. o1OXnoise and air pollution from 23cars elO}{garbage smell from 2Ounits • increase backyard flooding • decrease ioproperty values 2. Safety concern related {o adding 23 caro so close to dangerous intersection. 3. Too radical zoning change for the block which is currently comprised of 77% RES -2, 15% RES -4 and 8% Commercial lots. No multiple dwelling buildings io the block. Carlos BmzaeOa Page 59 of 410 Eric Schneider From: Carlos Bazzarella Sent: Thursday, June 16, 2022 6:39 PM To: Eric Schneider Cc: Paul Singh Subject: [EXTERNAL] Comments for Zoning By -Law Amendment - ZBA22/009/0/ES Attachments: ByLawChange-letter.pdf Please see attachment. I have most of the property owners of Nine Pines Rd sign the petition. Carlos. Page 60 of 410 Eric Schneider From: Carlos Bazzarella Sent: Tuesday, June 21, 2022 8:06 PM To: Eric Schneider Cc: Paul Singh Subject: [EXTERNAL] Re: Comments for Zoning By -Law Amendment - ZBA22/009/0/ES Hi Eric, Thank you for the message. Please include these extra comments in the public record. Regarding the comment about traffic, it will certainly be nicer to exit the new building facing forward instead of reversing, but that doesn't help anybody else. The people to the left, right and the order side of the street will have to deal with another 23 cars. Also important to mention is that it is impossible to exit Nine Pines Rd. and make a left turn. This is due to traffic and people not letting you in. We have to go back to Williamsburg Rd. and make a left. The problem is that the lineup now is passing Williamsburg so it is getting harder and harder to make that left turn and the lineup is going to get longer with another 23 cars. I find it hypocritical that the proposal mentions "minimize negative impacts to air quality and climate change" and "encourages walking and cycling" while at the same time it adds 23 cars and destroys several large trees. It's also non - credible to say that "There is no objective evidence that the proposed development of these lands would cause unacceptable adverse effects" and one of the adverse effects is "g) loss of enjoyment of normal use of property". How can it not affect neighbouring backyard enjoyment going from green heaven to asphalt hell? There are empty lots not far from the proposed site. One at 63-67 Windale Cres. which is 213m away and a much closer one located at the same block only 93m away at 11 Williamsburg Rd. Carlos On 2022-06-20 15:06, Eric Schneider wrote: > Hello Carlos, > Thank you for providing comments for this development application. I > can confirm they have been received and will be included in the public > record. > In regards to water drainage, the subject lands and surrounding block > are not located within a Floodplain. Floodplains are typically in > close proximity to the Grand River or its tributaries. The attached > map shows the closest floodplain areas to be surrounding Voisin > Greenway near the Sunrise Centre. > The City has standards for stormwater management that apply to new > developments such as this. If the application proceeds, the applicant Page 61 of 410 > would be required to install infiltration galleries, and piping that > would drain any stormwater collected from the roof of the building and > the pavement parking lot to the City and Regions existing stormwater > infrastructure at the street. In other words, any development on this > site would result in a better, more controlled level of stormwater > management and water drainage than currently exists on site today. > Thank you for you concerns regarding traffic. Right now, the > application is being reviewed by Transportation Staff from the City, > the Region, and the Ministry of Transportation given it's proximity to > the provincial highway Conestoga Parkway. Their comments will be > publicly available prior to any decision being made on this > application. It is important to note that the current site contains > driveways, with vehicles backing out onto Ottawa Street. In the > proposed concept plan, all vehicles would exit the site in a forward > motion leaving from the parking lot rather than backing up onto > Ottawa. > Let me know if you have any other questions or comments. > Eric Schneider, MCIP, RPP > Senior Planner I Planning Division I City of Kitchener > (519) 741-2200 ext 7843 1 TTY 1-866-969-9994 > eric.schneider@kitchener.ca > -----Original Message----- • From: Carlos Bazzarella > Sent: Thursday, June 16, 2022 6:39 PM > To: Eric Schneider <Eric.Schneider@kitchener.ca> > Cc: Paul Singh <Paul.Singh@kitchener.ca> > Subject: [EXTERNAL] Comments for Zoning By -Law Amendment - > ZBA22/009/O/ES > Please see attachment. > I have most of the property owners of Nine Pines Rd sign the petition. > Carlos. Page 62 of 410 Eric Schneider From: Sent: Monday, June 13, 2022 10:16 AM To: Eric Schneider Subject: [EXTERNAL] Application for Development 1257 - 1265 Ottawa St S I would like to strongly oppose to the new development on Ottawa street South Ottawa street has way too much traffic as it is, constant road work doubling the size of the road, doubling the size of the sidewalks, more foot traffic. I live I live at and the foot traffic, vandalism and garbage on my property is already out of control, To add 20 more units and 23 more vehicles in the parking lot is just going to make it even harder to have a nice family dwelling on this street. We are also concerned about the privacy with windows and balconies being in our backyard and people looking down onto our yard, loses all of our privacy. Yours truly The Hoelscher's Sent trom my uaiaxy Page 63 of 410 Eric Schneider From: Colleen Stewart Sent: Friday, June 3, 2022 5:57 PM Subject: [EXTERNAL] Application for Development 1257 and 1265 Ottawa St. S, Kitchener Good morning - I live at , one of the homes that would potentially be directly behind your proposed development. I have lived in this neighbourhood for a very long time, and spend a great deal of time in the backyard enjoying nature and de -stressing in a quiet, relaxed, secluded atmosphere. I enjoy reading and gardening in our backyard. This proposal is extremely upsetting and disappointing. The homes this development would replace are not derelict, or run down properties. They are existing homes with tenants living in them who understand the neighborhood and the neighbours. We wholeheartedly welcome new members into our community as properties transfer ownership, but the noise level from this many added units, some facing directly into our yard will cause a huge disruption to the enjoyment of our home and yard, not to mention increased traffic in an intersection that is already extremely busy and heavily used. Your development would not only change the dynamics of our neighborhood, but will affect my personal comfort level outside, the enjoyment of my property, and I am baffled as to why you would choose this location for your proposal. 1100% do not support this proposal. Colleen Stewart Sent from my iPhone Page 64 of 410 Eric Schneider From: Sent: Wednesday, June 1, 2022 5:42 PM To: Eric Schneider Subject: [EXTERNAL] 1257 & 1265 Ottawa St S Hi Eric, We received the proposed development card. How do we say we don't approve of this development? We represent A few of the concerns are: 1. The reduction of our home equity value 2. The total blockage of our solar panels that we still have another 15 years of contract on. 3. The increased vehicle traffic 4. The increased people and their noise 5. The proximity of the proposed unit to our building 6. Lack of privacy 7. Retaining wall causing a danger (lack of view to busy traffic) to enter and exit our driveway. We already have enough rear end collisions in front of Valleyview plus the number of people that blow past the school bus that stops there in the morning. 8. Were is all the water going to be drained to? I'm sure when we really have time to think about it, there will be other concerns. 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