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HomeMy WebLinkAboutDSD-2022-449 - OPA22-007-K-CD - ZBA22-012-K-CD - 1251-1253 King Street East and 16 Sheldon Avenue South - King Sheldon Kitchener Holdings Inc.Staff Report Development Services Department www.kitchener.ca REPORT TO: Planning and Strategic Initiatives Committee DATE OF MEETING: December 12, 2022 SUBMITTED BY: Stevenson, Garett - Interim Director of Planning, 519-741-2200 ext. 7070 PREPARED BY: Dumart, Craig — Senior Planner, 519-741-2200 ext. 7073 WARD(S) INVOLVED: Ward 9 DATE OF REPORT: October 31, 2022 REPORT NO.: DSD -2022-449 SUBJECT: Official Plan Amendment OPA22/007/K/CD Zoning By-law Amendment ZBA22/012/K/CD 1251-1253 King Street East and 16 Sheldon Avenue South King Sheldon Kitchener Holdings Inc RECOMMENDATION: That Official Plan Amendment Application OPA22/007/K/CD for King Sheldon Kitchener Holdings Inc requesting a land use designation change from "Mixed Use Corridor with Special Policy Area 1' to `Mixed Use Corridor with Specific Policy Area 9' to permit a mixed use development on the lands specified and illustrated on Schedule `A', be adopted, in the form shown in the Official Plan Amendment attached to Report DSD -2022-449 as Appendix `A', and accordingly forwarded to the Region of Waterloo for approval; and That Zoning By-law Amendment Application ZBA22/012/K/CD for King Sheldon Kitchener Holdings Inc be approved in the form shown in the `Proposed By-law', and `Map No. 1, attached to Report DSD -2022-449 as Appendix `A'; 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 ZBA22/012/K/CD. REPORT HIGHLIGHTS: The purpose of this report is to evaluate and provide a planning recommendation regarding the Official Plan Amendment and Zoning By-law Amendment applications for the subject lands located 1251-1253 King Street East and 16 Sheldon Avenue South. It is planning staffs recommendation that the Official Plan and Zoning By-law Amendments be approved. The proposed Amendments support the creation of a high intensity mixed use development in a Major Transit Station Area. Community engagement included: o circulation of a preliminary notice letter to property owners and residents within 240 metres of the subject site; o installation of a large billboard notice signs on the properties; *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 244 of 410 o follow up one-on-one correspondence with members of the public; o Neighbourhood Meeting held on August 25, 2022; o postcard advising of the statutory public meeting was circulated to all property owners within 240 metres of the subject site, those who responded to the preliminary circulation; and those who attended the Neighbourhood Meetings; 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: The property owner of the subject lands addressed as 1251-1253 King Street East and 16 Sheldon Avenue South is proposing to change the Official Plan land use designation from `Mixed Use Corridor with Special Policy Area 1' to `Mixed Use Corridor with Special Policy Area 9' in the King Street East Secondary Plan, and to change the zoning from `High Intensity Mixed Use Corridor Zone (MU -3) with Special Regulation Provision 544R' in Zoning By-law 85-1 to `High Intensity Mixed Use Corridor Zone (MU -3)' in Zoning By-law 85-1 with Special Regulation Provisions 544R and 783R and Holding Provision 96H to allow for an increased Floor Space Ratio (FSR); further regulate parking; allow for dwelling units and commercial uses to both be located on the ground floor; and to apply a Holding Provision to require remediation of site contamination and an updated noise study. Staff recommend that the applications be approved. BACKGROUND: King Sheldon Kitchener Holdings Inc. has made applications to the City of Kitchener for an Official Plan Amendment and a Zoning By-law Amendment proposing to change the land use designation and zoning of the lands at 1251-1253 King Street East and 16 Sheldon Avenue South to permit the lands to be developed with a 27 -storey mixed use residential building (Building A) and an 8 -storey residential building (Building B) with a shared amenity area and shared structured parking facility with a proposed Floor Space Ratio (FSR) of 8.6. The lands are designated `Mixed Use Corridor with Special Policy Area 1' in the City of Kitchener King Street East Secondary Plan and zoned `High Intensity Mixed Use Corridor Zone (MU -3) with Special Regulation Provision 544R' in Zoning By-law 85-1. The existing zoning permissions permit: • a range of permitted uses, including Multiple Dwellings and a wide range of commercial and institutional uses, • a maximum building Floor Space Ratio (FSR) of 4.0, • buildings with no maximum building height, subject only to the Floor Space Ratio (FSR) maximum requirement, • an on-site parking rate of 1 parking space for each dwelling unit over 51 square metres of floor area, • a reduced on-site parking rate of 0.165 parking spaces for dwelling units having a floor area of 51.0 square metres or less (capped at 40% of the units) and, • Special regulation 544R which allows for an increase Floor Space Ratio (FSR) to 5.0 for a mixed use development with a food store and permits a building setback of 1.5 metres to Charles Street East. The initial Official Plan Amendment and a Zoning By-law Amendment applications proposed a 24 storey mixed use development with a FSR of 7.94 and a parking rate of 0.5 spaces per unit. Information at the time of the submission of the applications indicated that the airport zoning regulations capped the building height at 24 storeys. Through processing of the application, and review of the airport zoning regulations in consultation with the Region of Waterloo it was determined that 27 storeys is the maximum permitted height of the airport zoning regulations for the subject lands. As such additional density and residential units were added and the proposed Official Plan Page 245 of 410 Amendment and Zoning By-law Amendment is proposing an FSR of 8.6 and a parking rate of 0.43 spaces per unit to permit a 27 storey mixed use development. Site Context The proposed development includes the consolidation of two properties addressed as 1251-1253 King Street East and 16 Sheldon Avenue South that are located at the intersection of King Street East and Sheldon Avenue South. The consolidated lands form rectangular shape parcel of land with frontage on three streets, King Street East, Sheldon Avenue South and Charles Street East. The subject properties have a combined lot area of 0.4 hectares (0.99 acres) with approximately 61 metres of frontage along King Street East (the front lot line), 69 metres of frontage along Sheldon Avenue South (the side yard abutting a street), and 62 metres of frontage along Charles Street East (the rear yard). The subject lands are currently developed with a commercial plaza and surface parking lot. The surrounding neighbourhood consists of a variety of uses including high-rise, medium -rise, and low-rise multiple dwelling buildings, single detached dwellings, semi-detached dwellings, as well as commercial and institutional buildings. The subject lands are located within 500 metres of the Borden ION station, which is located at the intersection of Charles Street East and Borden Avenue South. Existing bus routes operate along King Street and the subject lands are in close proximity to the downtown cycling grid. PG' s� 4F gR�cks'� � 9G 5A© fC�''vG SUBJECTAREA oCo DELTA ST �Q �Y C�) 9� ST Rockw", r" Figure 1 - 1251-1253 King Street East and 16 Sheldon Avenue South REPORT: The applicant is proposing to develop the subject lands with a with a 27 -storey mixed use residential building (Building A) and an 8 -storey residential building (Building B) with a shared amenity area and shared structured parking facility, with a proposed Floor Space Ratio (FSR) of 8.6. The mixed-use building proposes a total of 408 residential units with approximately 484 square metres of commercial/retail space at -grade which wrap around the structured parking component of the building. The commercial units are proposed along the King Street East frontage (providing and active streetscape at a pedestrian scale) and 5 residential units (in the form of townhouse style units Page 246 of 410 within the building base), are proposed along the Charles Street East frontage. A total of 178 parking spaces are provided in the development, located within one storey of underground parking and two storeys of above -grade structured parking. Building stepbacks are provided at the 8th floor podium and the 251h floor. Outdoor amenity space is proposed on top of the structure parking on the 31d level of the podium that connects the 27 storey building with the 8 storey building. Table 1 below highlights the development concept statistics while Figures 2 and 3 show the proposed development concept site plan and renderings of the development proposal. Table 1. Proposed Development Concept Statistics Page 247 of 410 Development Concept Number of Units 408 dwelling units Commercial Space 484 square metres Parking Spaces 178 parking spaces Building Height 27 storeys Podium Design 8 storeys Class A (indoor secured) Bicycle Parking 204 Class B (outdoor visitor) Bicycle Parking 6 Electric Vehicle Ready Parking Stalls 82 Floor Space Ratio 8.6 Unit Types Studio units (21) 1 bedroom units (243) 2 bedroom units (144) Page 247 of 410 5 �I BUILDING & STOREY RESIDENTIAL MIL) -RISE f' ENTRANCE 1 BUILDING BUILDING BUILDING BUILDING BUILDING' - ENTRANCE ENTRANCE —ENTRANCE —ENTRANCE — FNTRANCE Residential Units CHARLES STREET D; Figure 2 — Development Concept Site Plan 2 F- iJQ m z SERVICE u► ACCESS Q Q G IIIIIIIGARAGE J ACCE55 LU 1 :i7 BUILDING To facilitate the redevelopment of 1251-1253 King Street East and 16 Sheldon Avenue South with the proposed development concept, an Official Plan Amendment and a Zoning By-law Amendment are required to change the land use designation and zoning of the subject lands as the existing Official Plan policies and zoning permit a maximum Floor Space Ratio (FSR) of 4.0. The lands are currently designated `Mixed Use Corridor with Special Policy Area 1' in the City of Kitchener King Street East Secondary Plan and zoned `High Intensity Mixed Use Corridor Zone (MU -3) with Special Regulation Provision 544R' in Zoning By-law 85-1. The owner is proposing to change the land use designation to `Mixed Use Corridor with Special Policy 9' in the King Street East Secondary Plan and the zoning to `High Intensity Mixed Use Corridor Zone' (MU -3) with Special Regulation Provisions 544R, 783R and Holding Provision 96H' in Zoning By-law 85-1, to allow for a FSR of 8.6; reduce the required parking; and allow non-residential (commercial) and residential uses to both be located on the ground floor. A Holding Provision is also proposed to be added to the property to prevent the development of the site with sensitive uses, including residential uses, until the Region is in receipt of a Record of Site Condition and a revised noise study is completed to the satisfaction of the Region of Waterloo. Page 248 of 410 KING STREET EAST l BUILDING ENTRANCE i Commercial Units I 27 STOREY MIXED4_15E TOWER I � OUTDOOR AMENITY AREA (ON PODIUM LEVEL) �I BUILDING & STOREY RESIDENTIAL MIL) -RISE f' ENTRANCE 1 BUILDING BUILDING BUILDING BUILDING BUILDING' - ENTRANCE ENTRANCE —ENTRANCE —ENTRANCE — FNTRANCE Residential Units CHARLES STREET D; Figure 2 — Development Concept Site Plan 2 F- iJQ m z SERVICE u► ACCESS Q Q G IIIIIIIGARAGE J ACCE55 LU 1 :i7 BUILDING To facilitate the redevelopment of 1251-1253 King Street East and 16 Sheldon Avenue South with the proposed development concept, an Official Plan Amendment and a Zoning By-law Amendment are required to change the land use designation and zoning of the subject lands as the existing Official Plan policies and zoning permit a maximum Floor Space Ratio (FSR) of 4.0. The lands are currently designated `Mixed Use Corridor with Special Policy Area 1' in the City of Kitchener King Street East Secondary Plan and zoned `High Intensity Mixed Use Corridor Zone (MU -3) with Special Regulation Provision 544R' in Zoning By-law 85-1. The owner is proposing to change the land use designation to `Mixed Use Corridor with Special Policy 9' in the King Street East Secondary Plan and the zoning to `High Intensity Mixed Use Corridor Zone' (MU -3) with Special Regulation Provisions 544R, 783R and Holding Provision 96H' in Zoning By-law 85-1, to allow for a FSR of 8.6; reduce the required parking; and allow non-residential (commercial) and residential uses to both be located on the ground floor. A Holding Provision is also proposed to be added to the property to prevent the development of the site with sensitive uses, including residential uses, until the Region is in receipt of a Record of Site Condition and a revised noise study is completed to the satisfaction of the Region of Waterloo. Page 248 of 410 Figure 3 — Development Rendering: The front elevation along King Street East Planning Analysis: Planning Act, R.S.O. 1990, c. P.13 25. Section 2 of the Planning Act establishes matters of provincial interest and states that the Minister, the council of a municipality, a local board, a planning board and the Tribunal, in carrying out their responsibilities under this Act, shall have regard to, among other matters, matters of provincial interest such as, f) The adequate provision and efficient use of communication, transportation, sewage and water services and waste management systems; g) The minimization of waste; h) The orderly development of safe and healthy communities; j) The adequate provision of a full range of housing, including affordable housing; k) The adequate provision of employment opportunities; p) The appropriate location of growth and development; q) The promotion of development that is designed to be sustainable, to support public transit and to be oriented to pedestrians; r) The promotion of built form that, (i) Is well-designed, (ii) Encourages a sense of place, and (iii) Provides for public spaces that are of high quality, safe, accessible, attractive and vibrant; s) The mitigation of greenhouse gas emissions and adaptation to a changing climate. These matters of provincial interest are addressed and are implemented through the Provincial Policy Statement, 2020, as it directs how and where development is to occur. The City's Official Plan is the most important vehicle for the implementation of the Provincial Policy Statement, 2020 and to ensure Provincial policy is adhered to. Page 249 of 410 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(b) of the PPS promotes all types of residential intensification, and 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. To support provincial policies relating to the optimization of infrastructure, transit and active transportation, the proposed designation and zoning facilitate a compact form of development which efficiently uses the lands, is in close proximity to transit options including bus, rapid transit, and makes efficient use of both existing roads and active transportation networks. The lands are serviced and are in proximity to parks, trails and other community uses. Provincial policies are in support of providing a broad range of housing. The proposed mixed-use development represents an attainable form of market-based housing. Planning staff is of the opinion that the proposed application will facilitate the intensification of the subject property with a mixed-use multiple dwelling development that is compatible with the surrounding community, helps manage growth, is transit supportive and will make use of the existing infrastructure. No new public roads would be required for the proposed development and Engineering staff have confirmed there is capacity in the sanitary sewer to permit intensification on the subject lands. Based on the foregoing, 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. Policies of the Growth Plan promote growth within strategic growth areas including major transit station areas, in order to provide a focus for investments in transit and other types of infrastructure. Policy 2.2.6.1(a) states that municipalities will support housing choice through the achievement of the minimum intensification and density 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. Policies 2.2.1.4 states that complete communities will: a) feature a diverse mix of land uses, including residential and employment uses, and convenient access to local stores, services, and public service facilities; b) improve social equity and overall quality of life, including human health, for people of all ages, abilities, and incomes; c) provide a diverse range and mix of housing options, including additional residential units and affordable housing, to accommodate people at all stages of life, and to accommodate the needs of all household sizes and incomes; d) expand convenient access to: Page 250 of 410 i. a range of transportation options, including options for the safe, comfortable and convenient use of active transportation; ii. public service facilities, co -located and integrated in community hubs; iii. an appropriate supply of safe, publicly -accessible open spaces, parks, trails, and other recreational facilities; and iv. healthy, local, and affordable food options, including through urban agriculture; e) provide for a more compact built form and a vibrant public realm, including public open spaces; f) mitigate and adapt to the impacts of a changing climate, improve resilience and reduce greenhouse gas emissions, and contribute to environmental sustainability; and g) integrate green infrastructure and appropriate low impact development. The Growth Plan supports planning for a range and mix of housing options and, in particular, higher density housing options that can accommodate a range of household sizes in locations that can provide access to transit and other amenities. Policy 2.2.4 requires that planning be prioritized for MTSAs on priority transit corridors, including zoning in a manner that implements the policies of the Growth Plan. MTSAs on priority transit corridors will be planned for a minimum density target of 160 residents and jobs combined per hectare for those that are served by light rail transit or bus rapid transit. The Region of Waterloo's ION is a form of light rail transit and the ION stations are Major Transit Station Areas (MTSAs) that are required to achieve the minimum density target of 160 residents and jobs combined per hectare. The subject lands are located within the City's delineated built up area, and within a Major Transit Station Area. The lands are identified as a MTSA in the 2014 Kitchener Official Plan. In the City's Official Plan on Map 2 — Urban Structure the lands appear within the MTSA boundary for the Kitchener Market ION station. The Region of Waterloo commenced the Regional Official Plan Review project and as part of that work, revised MTSA boundaries were approved in August 2022. The subject lands are within the Borden Station MTSA. The proposed development provides residential intensification and will help the City achieve density targets in the MTSA. The proposed designation and zoning will support a higher density housing option that will help make efficient use of existing infrastructure, parks, roads, trails and transit. Planning staff is of the opinion that the applications conform to the Growth Plan. Regional Official Plan (ROP): Urban Area policies of the ROP identify that the focus of the Region's future growth will be within the Urban Area. The subject lands are designated Built -Up Area in the ROP. 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 Area Municipalities to plan for a range of housing in terms of form, tenure, density and affordability to satisfy the various physical, social, economic and personal support needs of current and future residents. The subject lands are within the Major Transit Station Area (MTSA) boundary that was approved in August 2022. The Region of Waterloo have indicated they have no objections to the proposed application or to higher density within the MTSA area. (Appendix `D'). Planning staff are of the opinion that the applications conform to the Regional Official Plan. City of Kitchener Official Plan (OP) The City of Kitchener OP provides the long-term land use vision for Kitchener. The vision is further articulated and implemented through the guiding principles, goals, objectives, and policies which are Page 251 of 410 set out in the Plan. The Vision and Goals of the OP strive to build an innovative, vibrant, attractive, safe, complete and healthy community. The subject lands are designated `Mixed Use Corridor with Special Policy Area 1' (Map 10) in the King Street East Secondary Plan (1994 Official Plan). The Mixed Use Corridor land use designation provides residential redevelopment opportunities together with appropriate commercial and institutional uses that primarily serve adjacent residential neighbourhoods. Over time it is intended that the Mixed Use Corridors shall intensify and provide a balanced distribution of commercial, multiple residential and institutional uses. The policies of Special Policy Area 1 were deleted through OPA 111. The applicant is proposing to add Special Policy Area 9 to the King Street East Secondary Plan to permit a maximum Floor Space Ratio (FSR) of 8.6 whereas the current Official Plan policies allow for a maximum FSR of 4.0 with an additional 1.0 FSR permitted if a 1000 square metre or larger food store is located within the mixed-use development. The proposed increase to the FSR is required to accommodate the proposed built form, which includes above grade structured parking internal to the building. Due to the significant grade change on site, underground site contamination, and a high water table, only one level of below -grade parking structure is feasible. As such, two levels of above grade parking internal to the building are proposed. The parking structure is proposed to be wrapped with commercial units along King Street East, vehicular access and building amenities along Sheldon Avenue, and dwelling units along Charles Street East. The above -grade parking within the building is adequately screened from view, although the building mass still contributes to the total FSR. The parking structure by itself represents an FSR of about 1.7. The amount of floor space occupied by the multiple dwelling units and commercial space represents an FSR of about 6.9, which is a small increase in the allowable FSR. City policies support the construction of structured parking in order to maximize intensification opportunities and minimize surface parking. Staff is of the opinion that the proposed increase to the FSR is appropriate. Policy 17.E.13.1. of the City of Kitchener Official Plan requires that holding provisions will be applied in situations where it is necessary or desirable to zone lands for development or redevelopment in advance of the fulfillment of specific requirements and conditions, and where the details of the development or redevelopment have not yet been fully resolved. A Holding provision may be used in order to ensure that certain conditions, studies or requirements related to a proposed Zoning By- law Amendment are met. Urban Structure The Official Plan establishes an Urban Structure for the City of Kitchener and provides policies for directing growth and development within this structure. Intensification Areas are targeted throughout the Built-up Area as key locations to accommodate and receive the majority of development or redevelopment for a variety of land uses. Primary Intensification Areas include the Urban Growth Centre, Major Transit Station Areas, Nodes and Corridors, in this hierarchy, according to Section 3.C.2.3 of the Official Plan. The subject lands are located within a Major Transit Station Area. The planned function of the Major Transit Station Areas is to provide densities that will support transit, and achieve a mix of residential, office, institutional and commercial uses. They are also intended to have streetscapes and a built form that is pedestrian -friendly and transit -oriented. Policies also require that development applications in Major Transit Station Areas give consideration to the Transit -Oriented Development policies contained in Section 13.C.3.12 of the Official Plan. Generally, the Transit -Oriented Development policies support a compact urban form, that supports walking, cycling and the use of transit, by providing a mix of land uses in close proximity to transit stops, to support higher frequency transit service and optimize transit rider convenience. These policies also support developments which foster walkability by creating safe and comfortable pedestrian environments and a high-quality public realm. Staff is of the opinion that the proposed Page 252 of 410 development will help to increase density in an area well served by nearby rapid transit and transit while being context sensitive to surrounding lands and provides excellent access to off-road pedestrian and cycling facilities. Staff is of the opinion that the proposed Official Plan Amendment and Zoning By-law Amendment will support a development that not only complies with the City's policies for a Major Transit Station Area but also contributes to the vision for a sustainable and more sustainable city. PARTS Rockway Plan The subject lands are located within the PARTS Rockway Plan which is a guiding document that made recommendations for land uses within and around rapid transit station stops. The PARTS Rockway Plan made recommendation for amendments to the Secondary Plans within the MTSA, which have not yet been implemented. Some of the primary recommendations are to encourage the development of underutilized sites with higher density live -work environments and to increase housing supply with multi -unit residential while protecting existing stable neighbourhoods. The proposed development provides for a range of housing options and the proposed amendment is in keeping with the PARTS Rockway vision for development within and around the ION stops. Neighbourhood Planning Review (NPR The subject lands are within the King East Neighbourhood Planning Review (NPR) area. A statutory public meeting was held on December 9, 2019 regarding draft amendments to the King Street Secondary plan. The proposed Official Plan designation for the site is `Mixed Use and the proposed zoning is `Mixed Use Three (MIX -3)'. The NPR project is under review and updated draft land use designations and zoning will be considered in 2023. Urban Design The City's urban design policies are outlined in Section 11 of the Official Plan. In the opinion of staff, the proposed development meets the intent of these policies, specifically: Streetscape; Safety; Universal Design; Site Design; Building Design, and Massing and Scale Design. To address these policies, an Urban Design Brief and Design Report was submitted and has been reviewed by City staff. The Urban Design Brief outlines the vision and principles guiding the site design and informs the proposed zoning by-law regulations. Streetscape — The King Street East frontage is activated by at -grade commercial units, with 484 square metres of commercial space proposed along the King Street East frontage. Five residential units (in the form of townhouse style units within the building base), are proposed along the Charles Street East frontage activating the street. Principal entrances and lobbies are located at grade with direct access to public sidewalks. The proposed tower includes an 8 -storey podium defined bases which enhances the streetscape. Safety — As part of the site plan approval process, staff will ensure Crime Prevention Through Environmental Design (CPTED) principles are achieved and that the site meets the Ontario Building Code and the City's Emergency Services Policy. Universal Design —The development will be designed to comply with Accessibility for Ontarians with Disabilities Act and the Ontario Building Code. Skyline — The proposed buildings will provide a new feature on the City's skyline. The proposed building will create visual interest from several different vantage points. Page 253 of 410 Site Design, Building Design, Massing and Scale — The subject site is designed to have a development that will be developed at a scale that is compatible with the existing and planned built form for the surrounding neighbourhood. The proposed mixed use building includes a well defined 8 storey podiums and building step backs which helps enhance the public realm. Massing is broken up at the 8th and 251h storeys on the tower which mitigate overlook issues and shadow impacts. Tower Design The proposed 27 storey tower is classified as a "Compact Slab" as the proposed tower floor plate is less than 850 square metres in area. The tower placement has been oriented towards King Street with an 8 storey podium and building step backs at the 25th floor. The tower massing is broken up vertically by variation and the articulation of building materials and balconies. Shadow Impact Study The owner has completed a Shadow Impact Study in addition to the Urban Design Report. Staff have reviewed the study and are satisfied the shadow study meets the City's requirements, with respect to shadow impacts, as noted in the City of Kitchener Urban Design Manual. Wind Study A wind study was prepared for the consideration of this development proposal and reviewed by staff. The wind conditions surrounding the proposed development are generally suitable. Wind control features will be required through the site plan application. Tall Building Guidelines The proposed development has also been reviewed for compliance with the City's Design for Tall Buildings Guidelines. The objective of this document is to: • achieve a positive relationship between high-rise buildings and their existing and planned context; • create a built environment that respects and enhances the city's open space system, pedestrian and cyclist amenities and streetscapes; • create human -scaled pedestrian -friendly streets, and attractive public spaces that contribute to livable, safe and healthy communities; • promote tall buildings that contribute to the view of the skyline and enhance orientation, wayfinding and the image of the city; • promote development that responds to the physical environment, microclimate and the natural environment including four season design and sustainability; and, • promote tall building design excellence to help create visually and functionally pleasing buildings of architectural significance. The proposed development concept has been reviewed with these objectives in mind. City staff has confirmed that the proposed towers are generally consistent with and meet the overall intent of the City's Design for Tall Building Guidelines. More specifically, the proposed development meets the onsite and offsite separation distance requirements of the Design for Tall Building Guidelines. Transportation Policies: The Official Plan supports an integrated transportation system which incorporates active transportation, allows for the movement of people and goods and promotes a vibrant, healthy community using land use designations and urban design initiatives that make a wide range of transportation choices viable. The subject lands are located in close proximity to the Borden ION station stop. The building has excellent access to cycling networks, including existing on and off - Page 254 of 410 street cycling facilities and is located in close proximity to the downtown cycling grid. The location of the subject lands, in the context of the City's integrated transportation system, supports the proposal for transit -oriented development on the subject lands. Policy 3.C.2.22 states that until such time as Station Area Plans are completed and this Plan is amended accordingly, in the interim, any development application submitted within a Major Transit Station Area will be reviewed generally in accordance with the Transit -Oriented Development Policies included in Section 13.C.3.12 The proposed Official Plan Amendment and Zoning By-law Amendment applications support a more compact mixed-use development. The location of the proposed buildings, secured through the proposed site-specific provisions, will result in a compatible built form that fosters walkability within a pedestrian -friendly environment that allows walking to be safe, comfortable, barrier -free and a convenient form of urban travel. At future site plan approval processes, the design of the buildings will have to feature a high quality public realm to enhance the identity of the area and create gathering points for social interaction, community events and other activities. Additionally, secured and visitor bicycle parking is required as part of the Zoning By-law. Housing Policies: Section 4.1.1 of the City's Official Plan contains policies with the primary objective to provide for an appropriate range, variety and mix of housing types and styles, densities, tenure and affordability to satisfy the varying housing needs of our community through all stages of life. The proposed development increases the range of dwelling units available in the city. The development is contemplated to include a range of unit types including, studio, one and two bedroom units. The wide range of units, in this location, will appeal to a variety of household needs. Sustainable Development Section 7.C.4.1 of the City's Official Plan ensures developments will increasingly be sustainable by encouraging, supporting and, where appropriate, requiring: a) compact development and efficient built form; b) environmentally responsible design (from community design to building design) and construction practices; c) the integration, protection and enhancement of natural features and landscapes into building and site design; d) the reduction of resource consumption associated with development; and, e) transit -supportive development and redevelopment and the greater use of other active modes of transportation such as cycling and walking. Development applications are required to demonstrate that the proposal meets the sustainable development policies of the Plan and that sustainable development design standards are achieved. Sustainable development initiatives will be further explored at the site planning stage. Proposed Official Plan Amendment Conclusions The Official Plan Amendment application requests that the land use designation as shown on Map 10 — King Street East Secondary Plan be changed from `Mixed Use Corridor with Special Policy Area 1' to `Mixed Use Corridor with Special Policy Area 9'. Based on the above -noted policies and planning analysis, staff is of the opinion that the proposed Official Plan Amendment represents good Page 255 of 410 planning and recommends that the proposed Official Plan Amendment be approved in the form shown in Appendix "A". Proposed Zoning By-law Amendment: The subject lands are zoned `High Intensity Mixed Use Corridor Zone (MU -3)' in Zoning By-law 85- 1. The existing zoning permits Multiple Dwellings and a wide range of Commercial and Institutional uses. The MU -3 zone currently allows for a maximum building Floor Space Ratio (FSR) of 4.0 and there is no maximum building height. The existing zoning also requires 1.0 parking spaces for each dwelling unit over 51 square metres of floor area and 0.165 parking spaces for each dwelling unit having a floor area of 51.0 square metres or less (capped at 40% of the units). The applicant has requested an amendment to Zoning By-law 85-1 to change the zoning from "High Intensity Mixed Use Corridor Zone (MU -3) with Special Regulation Provision 544R' to `High Intensity Mixed Use Corridor Zone (MU -3)' with Special Regulation Provisions 544R, 783R and Holding Provision 96H" in Zoning By-law 85-1. Official Plan policies indicate that where special zoning regulations are requested for residential intensification or a redevelopment of lands, the overall impact of the site specific zoning regulations will consider compatibility with existing built form; appropriate massing and setbacks that support and maintain streetscape and community character; appropriate buffering to mitigate adverse impacts, particularly with respect to privacy; avoidance of unacceptable adverse impacts by providing appropriate number of parking spaces and an appropriate landscaped/amenity area. The applicant is seeking to amend the Zoning By-law to add Special Regulation Provision 783R to Zoning By-law 85-1. The proposed Special Regulation Provision is to permit an increased Floor Space Ratio (FSR), reduce the required parking rate, permit dwelling units on the ground floor with non-residential uses and to prohibit geothermal energy systems. Staff offer the following comments with respect to the proposed Special Regulation Provision 783R: a) That the maximum Floor Space Ratio (FSR) shall be 8.6. The purpose of this regulation is to cap the Floor Space Ratio and ensure development does not exceed the density presented in the concept plans. b) That parking be provided at a rate of 0.43 parking spaces per dwelling unit. 10% of the required parking spaces shall be shared for visitor parking and non-residential uses. Bicycle and electric vehicle parking are to be provided in accordance with Zoning By-law 2019-051. The purpose of this regulation is to provide for a parking rate which is appropriate for the development as well as require adequate bicycle parking spaces and future electric vehicle charging parking spaces. The proposed ratio results in a parking rate of 0.43 parking spaces per dwelling unit (inclusive of visitor spaces). The subject lands will have adequate access to public transit and pedestrian/cycling networks and adequate bike storage will be provided within the development for residents. Planning and Transportation Services staff is of the opinion that the parking rate is appropriate for the subject lands. c) Dwelling units shall be permitted to be located on the ground floor with non-residential uses. The purpose of this regulation is to allow for both residential uses and non-residential uses to be located on the ground floors of all the buildings on the subject land. The current zoning of the property does not allow for both. It only allows for dwelling units to be located on the ground floor if the development is entirely residential but does not if there are non-residential uses. The proposed Page 256 of 410 regulation will allow for commercial uses on the ground floor along King Street East and residential units to be located on the ground floor along Charles Street East. d) Geothermal Energy Systems shall be prohibited. The Region of Waterloo has indicated Geothermal Energy Systems shall be prohibited to mitigate the risks associated with contaminants that will remain beneath the site when the property is redeveloped. Staff offer the following comments with respect to Holding Provision 96H: Official Plan policies require that holding provisions will be applied in those situations where it is necessary or desirable to zone lands for development or redevelopment in advance of the fulfillment of specific requirements and conditions, and where the details of the development or redevelopment have not yet been fully resolved. A Holding provision may be used in order to facilitate the implementation of the `MU -3' zone and special regulation provision. The City will enact a by-law to remove the holding symbol when all the conditions set out in the holding provision have been satisfied, permitting development or redevelopment in accordance with the zoning category assigned. Holding Provision 96H Planning staff are recommending the following holding provision as part of the Zoning By-law Amendment: a) No residential use shall be permitted until such time as a Record of Site Condition is submitted and approved to the satisfaction of the Ministry of the Environment, Conservation and Parks (MECP). This Holding Provision shall not be removed until the Region of Waterloo is in receipt of a letter from the Ministry of the Environment, Conservation and Parks (MECP) advising that a Record of Site Condition has been completed to their satisfaction. b) No residential use shall be permitted until such time as a Road Traffic and Stationary Noise Study is submitted and approved to the satisfaction of the Regional Commissioner of Planning, Housing and Community Services, if necessary. This Holding Provision shall not be removed until the City of Kitchener is in receipt of a letter from the Regional Commissioner of Planning, Housing and Community Services advising that such noise study or studies has been approved and an agreement, if necessary, has been entered into with the City and/or Region, as necessary, providing for the implementation of any recommended noise mitigation measures. There is an environmental threat located on and adjacent to the subject lands in accordance with the Region's Threats Inventory Database (TID) due to past and current land uses. A Record of Site Condition (RSC) and Ministry Acknowledgement Letter shall be required in accordance with the Region's Implementation Guidelines. Until such time that the RSC and Ministry Acknowledgement letter have been received by the Region, residential redevelopment of the site is not permitted. A noise study was prepared in support of the proposed Zoning By-law and reviewed by the Region of Waterloo. Additional building noise mitigation measures will be reviewed through the site plan design and approvals process and an addendum to the noise study will be required prior to removal of the Holding Provision. Proposed Zoning By-law Amendment Conclusions Staff is of the opinion that the proposed Zoning By-law Amendment to change the zoning of the subject lands to `High Intensity Mixed Use Corridor Zone (MU -3)' with Special Regulation Provisions 544R, 783R and Holding Provision 96H represents good planning as it will facilitate the Page 257 of 410 redevelopment of the lands with a mixed-use development that is compatible with the existing neighbourhood, which will add visual interest at the street level and skyline, and will appropriately accommodate on-site parking needs. Staff are supportive of the proposed development and recommend that the proposed Zoning By-law amendment be approved as shown in Appendix "A". Department and Agency Comments: Circulation of the Official Plan Amendment and Zoning By-law Amendment was undertaken in June 2022 to all applicable City departments and other review authorities. No major concerns were identified by any commenting City department or agency and any necessary revisions and updates were made. Copies of the comments are found in Appendix "C" of this report. The following Reports and Studies were considered as part of this proposed Official Plan Amendment and Zoning By-law Amendment: • Planning Justification Report Prepared by: MHBC Planning, May 2022 • Urban Design Brief Prepared by: MHBC Planning, May, 2022 • Shadow Study Prepared by: Cusimano Architects, October, 2022 • Transportation Impact Study and Parking Study Prepared by: Paradigm Transportation Solutions, March, 2022 • Parking Study Addendum Letter Prepared by: Paradigm Transportation Solutions, October, 2022 • Wind Study Prepared by: Boundary Layer Wind Tunnel Laboratory, February 2022 • Windy Study Addendum Letter Prepared by: Boundary Layer Wind Tunnel Laboratory, October, 2022 • Site Servicing Feasibility Study Prepared by: SBM, April, 2022 • Geotechnical Report Prepared by: Chung & Vander Doelen Engineering LTD, January, 2021 • Sustainability Statement Prepared by: MHBC Planning, April, 2022 • Noise Feasibility Study Prepared by: HGC Engineering, February, 2022 Community Input & Staff Responses Staff received written responses from 9 residents with respect to the proposed development. These are included in Appendix `D'. A Neighbourhood Meeting was held on September 22, 2022. In Page 258 of 410 addition, staff had follow-up one-on-one correspondence with members of the public. A summary of what we heard, and staff responses are noted below. What We Heard Staff Comment The development should include The proposed mixed-use development includes 484 commercial uses for residents and square metres of commercial space proposed along the the neighbourhood. King Street East ground floor. Support for the development There is support for the redevelopment of the underutilized properties. Residents welcome fresh life and new development to neighbourhood. Concerns the proposed A Traffic Impact Study was submitted and reviewed by development will create traffic that Regional and City Transportation staff who did not identify existing roads can not handle. any major traffic concerns as a result of the proposed development. Onsite green space and amenity A 1048 square metre (11,288 sq. ft) roof top amenity area space should be provided. sitting on top of the podium/parking structure connecting the two buildings is proposed for the mixed used development. Not enough parking is being A Parking Justification Study was submitted and reviewed provided. by Transportation Services staff who support the proposed parking rate of 0.43 spaces per dwelling unit. The proposed development includes unbundled parking, is located within 500 metres to the Borden Station ION stop and furthermore 6 Class B and 0.5 Class A bicycle parking spaces per dwelling unit are required by the Zoning By-law as an active transportation measure. Planning Conclusions In considering the foregoing, staff are supportive of the proposed Official Plan Amendment and Zoning By-law Amendment to permit 1251-1253 King Street East and 16 Sheldon Avenue South to be developed with a 27 -storey mixed use development. 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. It is recommended that the applications be approved. ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN: The recommendation of this report supports the achievement of the City's strategic vision through the delivery of core service. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Council / Committee meeting. A large notice sign was posted on the property and information Page 259 of 410 regarding the application was posted to the City's website in June of 2022. Following the initial circulation referenced below, an additional postcard advising of the statutory public meeting was circulated to all residents and property owners within 240 metres of the subject lands, those responding to the preliminary circulation and who attended the Neighbourhood Meetings. Notice of the Statutory Public Meeting was also posted in The Record on November 18, 2022 (a copy of the Notice may be found in Appendix C). CONSULT—The proposed Official Plan Amendment and Zoning By-law Amendment were circulated to residents and property owners within 240 metres of the subject lands on June 23, 2022. In response to this circulation, staff received written responses from 8 members of the public, which were summarized as part of this staff report. Planning staff also had one-on-one conversations with residents on the telephone and responded to emails. PREVIOUS REPORTS/AUTHORITIES: • Planning Act, R.S.O. 1990, c. P.13 • Growth Plan, 2020 • Provincial Policy Statement, 2020 • Region of Waterloo Official Plan • City of Kitchener Official Plan, 1994 • City of Kitchener Zoning By-law 85-1 REVIEWED BY: Malone -Wright, Tina— Interim Manager of Development Review, Planning Division APPROVED BY: Readman, Justin - General Manager, Development Services APPENDIX& Appendix A— Proposed Official Plan Amendment Appendix B — Proposed Zoning By-law Amendment Appendix C — Newspaper Notice Appendix D — Department and Agency Comments Appendix E — Public Comments Page 260 of 410 AMENDMENT NO. —TO THE OFFICIAL PLAN OF THE CITY OF KITCHENER CITY OF KITCHENER 1251-1253 King Street East and 16 Sheldon Avenue South Page 261 of 410 AMENDMENT NO. —TO THE OFFICIAL PLAN OF THE CITY OF KITCHENER CITY OF KITCHENER 1251-1253 King Street East and 16 Sheldon Avenue South INDEX SECTION 1 TITLE AND COMPONENTS SECTION 2 PURPOSE OF THE AMENDMENT SECTION 3 BASIS OF THE AMENDMENT SECTION 4 THE AMENDMENT APPENDICES APPENDIX 1 Notice of the Meeting of Planning & Strategic Initiatives Committee of December 12, 2022 APPENDIX 2 Minutes of the Meeting of Planning & Strategic Initiatives Committee APPENDIX 3 Minutes of the Meeting of City Council Page 262 of 410 AMENDMENT NO. —TO THE OFFICIAL PLAN OF THE CITY OF KITCHENER SECTION 1 —TITLE AND COMPONENTS This amendment shall be referred to as Amendment No. xx to the Official Plan of the City of Kitchener (1994). This amendment is comprised of Sections 1 to 4 inclusive. SECTION 2 — PURPOSE OF THE AMENDMENT The purpose of the Official Plan Amendment is to amend: • Map 10 — Secondary Plan - King Street East Neighbourhood Plan for Land Use by redesignating lands, municipally addressed as 1251-1253 King Street East and 16 Sheldon Avenue South from Mixed Use Corridor' with Special Policy Area T to `Mixed Use Corridor' with Special Policy Area 9" • Adding Policy 13.2.3.9 to Section 13.2.3 to permit a maximum floor space ratio of 8.6: o Specific Policy 13.2.3.9 amends one policy in the Mixed Use Corridor use designation: ■ Policy 13.2.2.9 is amended to permit a maximum floor space ratio of 8.6. SECTION 3 — BASIS OF THE AMENDMENT Planning Analysis: Planning Act, R.S.O. 1990, c. P.13 25. Section 2 of the Planning Act establishes matters of provincial interest and states that the Minister, the council of a municipality, a local board, a planning board and the Tribunal, in carrying out their responsibilities under this Act, shall have regard to, among other matters, matters of provincial interest such as, f) The adequate provision and efficient use of communication, transportation, sewage and water services and waste management systems; g) The minimization of waste; h) The orderly development of safe and healthy communities; j) The adequate provision of a full range of housing, including affordable housing; k) The adequate provision of employment opportunities; p) The appropriate location of growth and development; q) The promotion of development that is designed to be sustainable, to support public transit and to be oriented to pedestrians; r) The promotion of built form that, (i) Is well-designed, (ii) Encourages a sense of place, and (iii) Provides for public spaces that are of high quality, safe, accessible, attractive and vibrant; s) The mitigation of greenhouse gas emissions and adaptation to a changing climate. These matters of provincial interest are addressed and are implemented through the Provincial Policy Statement, 2020, as it directs how and where development is to occur. The City's Official Plan is the most important vehicle for the implementation of the Provincial Policy Statement, 2020 and to ensure Provincial policy is adhered to. 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(b) of the PPS promotes all types of Page 263 of 410 residential intensification, and 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. To support provincial policies relating to the optimization of infrastructure, transit and active transportation, the proposed designation and zoning facilitate a compact form of development which efficiently uses the lands, is in close proximity to transit options including bus, rapid transit, and makes efficient use of both existing roads and active transportation networks. The lands are serviced and are in proximity to parks, trails and other community uses. Provincial policies are in support of providing a broad range of housing. The proposed mixed-use development represents an attainable form of market-based housing. Planning staff is of the opinion that the proposed application will facilitate the intensification of the subject property with a mixed-use multiple dwelling development that is compatible with the surrounding community, helps manage growth, is transit supportive and will make use of the existing infrastructure. No new public roads would be required for the proposed development and Engineering staff have confirmed there is capacity in the sanitary sewer to permit intensification on the subject lands. Based on the foregoing, 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. Policies of the Growth Plan promote growth within strategic growth areas including major transit station areas, in order to provide a focus for investments in transit and other types of infrastructure. Policy 2.2.6.1(a) states that municipalities will support housing choice through the achievement of the minimum intensification and density 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. Policies 2.2.1.4 states that complete communities will: a) feature a diverse mix of land uses, including residential and employment uses, and convenient access to local stores, services, and public service facilities; b) improve social equity and overall quality of life, including human health, for people of all ages, abilities, and incomes; c) provide a diverse range and mix of housing options, including additional residential units and affordable housing, to accommodate people at all stages of life, and to accommodate the needs of all household sizes and incomes; d) expand convenient access to: i. a range of transportation options, including options for the safe, comfortable and convenient use of active transportation; ii. public service facilities, co -located and integrated in community hubs; Page 264 of 410 iii. an appropriate supply of safe, publicly -accessible open spaces, parks, trails, and other recreational facilities; and iv. healthy, local, and affordable food options, including through urban agriculture; e) provide for a more compact built form and a vibrant public realm, including public open spaces; f) mitigate and adapt to the impacts of a changing climate, improve resilience and reduce greenhouse gas emissions, and contribute to environmental sustainability; and g) integrate green infrastructure and appropriate low impact development. The Growth Plan supports planning for a range and mix of housing options and, in particular, higher density housing options that can accommodate a range of household sizes in locations that can provide access to transit and other amenities. Policy 2.2.4 requires that planning be prioritized for MTSAs on priority transit corridors, including zoning in a manner that implements the policies of the Growth Plan. MTSAs on priority transit corridors will be planned for a minimum density target of 160 residents and jobs combined per hectare for those that are served by light rail transit or bus rapid transit. The Region of Waterloo's ION is a form of light rail transit and the ION stations are Major Transit Station Areas (MTSAs) that are required to achieve the minimum density target of 160 residents and jobs combined per hectare. The subject lands are located within the City's delineated built up area, and within a Major Transit Station Area. The lands are identified as a MTSA in the 2014 Kitchener Official Plan. In the City's Official Plan on Map 2 — Urban Structure the lands appear within the MTSA boundary for the Kitchener Market ION station. The Region of Waterloo commenced the Regional Official Plan Review project and as part of that work, revised MTSA boundaries were approved in August 2022. The subject lands are within the Borden Station MTSA. The proposed development provides residential intensification and will help the City achieve density targets in the MTSA. The proposed designation and zoning will support a higher density housing option that will help make efficient use of existing infrastructure, parks, roads, trails and transit. Planning staff is of the opinion that the applications conform to the Growth Plan. Regional Official Plan (ROP): Urban Area policies of the ROP identify that the focus of the Region's future growth will be within the Urban Area. The subject lands are designated Built -Up Area in the ROP. 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 Area Municipalities to plan for a range of housing in terms of form, tenure, density and affordability to satisfy the various physical, social, economic and personal support needs of current and future residents. The subject lands are within the Major Transit Station Area (MTSA) boundary that was approved in August 2022. The Region of Waterloo have indicated they have no objections to the proposed application or to higher density within the MTSA area. (Appendix `D'). Planning staff are of the opinion that the applications conform to the Regional Official Plan. City of Kitchener Official Plan (OP) The City of Kitchener OP provides the long-term land use vision for Kitchener. The vision is further articulated and implemented through the guiding principles, goals, objectives, and policies which Page 265 of 410 are set out in the Plan. The Vision and Goals of the OP strive to build an innovative, vibrant, attractive, safe, complete and healthy community. The subject lands are designated `Mixed Use Corridor with Special Policy Area 1' (Map 10) in the King Street East Secondary Plan (1994 Official Plan). The Mixed Use Corridor land use designation provides residential redevelopment opportunities together with appropriate commercial and institutional uses that primarily serve adjacent residential neighbourhoods. Over time it is intended that the Mixed Use Corridors shall intensify and provide a balanced distribution of commercial, multiple residential and institutional uses. The policies of Special Policy Area 1 were deleted through OPA 111. The applicant is proposing to add Special Policy Area 9 to the King Street East Secondary Plan to permit a maximum Floor Space Ratio (FSR) of 8.6 whereas the current Official Plan policies allow for a maximum FSR of 4.0 with an additional 1.0 FSR permitted if a 1000 square metre or larger food store is located within the mixed-use development. The proposed increase to the FSR is required to accommodate the proposed built form, which includes above grade structured parking internal to the building. Due to the significant grade change on site, underground site contamination, and a high water table, only one level of below -grade parking structure is feasible. As such, two levels of above grade parking internal to the building are proposed. The parking structure is proposed to be wrapped with commercial units along King Street East, vehicular access and building amenities along Sheldon Avenue, and dwelling units along Charles Street East. The above -grade parking within the building is adequately screened from view, although the building mass still contributes to the total FSR. The parking structure by itself represents an FSR of about 1.7. The amount of floor space occupied by the multiple dwelling units and commercial space represents an FSR of about 6.9, which is a small increase in the allowable FSR. City policies support the construction of structured parking in order to maximize intensification opportunities and minimize surface parking. Staff is of the opinion that the proposed increase to the FSR is appropriate. Policy 17.E.13.1. of the City of Kitchener Official Plan requires that holding provisions will be applied in situations where it is necessary or desirable to zone lands for development or redevelopment in advance of the fulfillment of specific requirements and conditions, and where the details of the development or redevelopment have not yet been fully resolved. A Holding provision may be used in order to ensure that certain conditions, studies or requirements related to a proposed Zoning By-law Amendment are met. Urban Structure The Official Plan establishes an Urban Structure for the City of Kitchener and provides policies for directing growth and development within this structure. Intensification Areas are targeted throughout the Built-up Area as key locations to accommodate and receive the majority of development or redevelopment for a variety of land uses. Primary Intensification Areas include the Urban Growth Centre, Major Transit Station Areas, Nodes and Corridors, in this hierarchy, according to Section 3.C.2.3 of the Official Plan. The subject lands are located within a Major Transit Station Area. The planned function of the Major Transit Station Areas is to provide densities that will support transit, and achieve a mix of residential, office, institutional and commercial uses. They are also intended to have streetscapes and a built form that is pedestrian - friendly and transit -oriented. Policies also require that development applications in Major Transit Station Areas give consideration to the Transit -Oriented Development policies contained in Section 13.C.3.12 of the Official Plan. Generally, the Transit -Oriented Development policies support a compact urban Page 266 of 410 form, that supports walking, cycling and the use of transit, by providing a mix of land uses in close proximity to transit stops, to support higher frequency transit service and optimize transit rider convenience. These policies also support developments which foster walkability by creating safe and comfortable pedestrian environments and a high-quality public realm. Staff is of the opinion that the proposed development will help to increase density in an area well served by nearby rapid transit and transit while being context sensitive to surrounding lands and provides excellent access to off-road pedestrian and cycling facilities. Staff is of the opinion that the proposed Official Plan Amendment and Zoning By-law Amendment will support a development that not only complies with the City's policies for a Major Transit Station Area but also contributes to the vision for a sustainable and more sustainable city. PARTS Rockway Plan The subject lands are located within the PARTS Rockway Plan which is a guiding document that made recommendations for land uses within and around rapid transit station stops. The PARTS Rockway Plan made recommendation for amendments to the Secondary Plans within the MTSA, which have not yet been implemented. Some of the primary recommendations are to encourage the development of underutilized sites with higher density live -work environments and to increase housing supply with multi -unit residential while protecting existing stable neighbourhoods. The proposed development provides for a range of housing options and the proposed amendment is in keeping with the PARTS Rockway vision for development within and around the ION stops. Neighbourhood Planning Review (NPR) The subject lands are within the King East Neighbourhood Planning Review (NPR) area. A statutory public meeting was held on December 9, 2019 regarding draft amendments to the King Street Secondary plan. The proposed Official Plan designation for the site is `Mixed Use and the proposed zoning is `Mixed Use Three (MIX -3)'. The NPR project is under review and updated draft land use designations and zoning will be considered in 2023. Urban Desian The City's urban design policies are outlined in Section 11 of the Official Plan. In the opinion of staff, the proposed development meets the intent of these policies, specifically: Streetscape; Safety; Universal Design; Site Design; Building Design, and Massing and Scale Design. To address these policies, an Urban Design Brief and Design Report was submitted and has been reviewed by City staff. The Urban Design Brief outlines the vision and principles guiding the site design and informs the proposed zoning by-law regulations. Streetscape — The King Street East frontage is activated by at -grade commercial units, with 484 square metres of commercial space proposed along the King Street East frontage. Five residential units (in the form of townhouse style units within the building base), are proposed along the Charles Street East frontage activating the street. Principal entrances and lobbies are located at grade with direct access to public sidewalks. The proposed tower includes an 8 -storey podium defined bases which enhances the streetscape. Safety — As part of the site plan approval process, staff will ensure Crime Prevention Through Environmental Design (CPTED) principles are achieved and that the site meets the Ontario Building Code and the City's Emergency Services Policy. Page 267 of 410 Universal Design — The development will be designed to comply with Accessibility for Ontarians with Disabilities Act and the Ontario Building Code. Skyline — The proposed buildings will provide a new feature on the City's skyline. The proposed building will create visual interest from several different vantage points. Site Design, Building Design, Massing and Scale — The subject site is designed to have a development that will be developed at a scale that is compatible with the existing and planned built form for the surrounding neighbourhood. The proposed mixed use building includes a well defined 8 storey podiums and building step backs which helps enhance the public realm. Massing is broken up at the 8th and 25th storeys on the tower which mitigate overlook issues and shadow impacts. Tower Design The proposed 27 storey tower is classified as a "Compact Slab" as the proposed tower floor plate is less than 850 square metres in area. The tower placement has been oriented towards King Street with an 8 storey podium and building step backs at the 25th floor. The tower massing is broken up vertically by variation and the articulation of building materials and balconies. Shadow Impact Study The owner has completed a Shadow Impact Study in addition to the Urban Design Report. Staff have reviewed the study and are satisfied the shadow study meets the City's requirements, with respect to shadow impacts, as noted in the City of Kitchener Urban Design Manual. Wind Study A wind study was prepared for the consideration of this development proposal and reviewed by staff. The wind conditions surrounding the proposed development are generally suitable. Wind control features will be required through the site plan application. Tall Building Guidelines The proposed development has also been reviewed for compliance with the City's Design for Tall Buildings Guidelines. The objective of this document is to: • achieve a positive relationship between high-rise buildings and their existing and planned context; • create a built environment that respects and enhances the city's open space system, pedestrian and cyclist amenities and streetscapes; • create human -scaled pedestrian -friendly streets, and attractive public spaces that contribute to livable, safe and healthy communities; • promote tall buildings that contribute to the view of the skyline and enhance orientation, wayfinding and the image of the city; • promote development that responds to the physical environment, microclimate and the natural environment including four season design and sustainability; and, • promote tall building design excellence to help create visually and functionally pleasing buildings of architectural significance. The proposed development concept has been reviewed with these objectives in mind. City staff has confirmed that the proposed towers are generally consistent with and meet the overall intent Page 268 of 410 of the City's Design for Tall Building Guidelines. More specifically, the proposed development meets the onsite and offsite separation distance requirements of the Design for Tall Building Guidelines. Transaortation Policies The Official Plan supports an integrated transportation system which incorporates active transportation, allows for the movement of people and goods and promotes a vibrant, healthy community using land use designations and urban design initiatives that make a wide range of transportation choices viable. The subject lands are located in close proximity to the Borden ION station stop. The building has excellent access to cycling networks, including existing on and off- street cycling facilities and is located in close proximity to the downtown cycling grid. The location of the subject lands, in the context of the City's integrated transportation system, supports the proposal for transit -oriented development on the subject lands. Policy 3.C.2.22 states that until such time as Station Area Plans are completed and this Plan is amended accordingly, in the interim, any development application submitted within a Major Transit Station Area will be reviewed generally in accordance with the Transit -Oriented Development Policies included in Section 13.C.3.12 The proposed Official Plan Amendment and Zoning By-law Amendment applications support a more compact mixed-use development. The location of the proposed buildings, secured through the proposed site-specific provisions, will result in a compatible built form that fosters walkability within a pedestrian -friendly environment that allows walking to be safe, comfortable, barrier -free and a convenient form of urban travel. At future site plan approval processes, the design of the buildings will have to feature a high quality public realm to enhance the identity of the area and create gathering points for social interaction, community events and other activities. Additionally, secured and visitor bicycle parking is required as part of the Zoning By-law. Housing Policies: Section 4.1.1 of the City's Official Plan contains policies with the primary objective to provide for an appropriate range, variety and mix of housing types and styles, densities, tenure and affordability to satisfy the varying housing needs of our community through all stages of life. The proposed development increases the range of dwelling units available in the city. The development is contemplated to include a range of unit types including, studio, one and two bedroom units. The wide range of units, in this location, will appeal to a variety of household needs. Sustainable Development Section 7.C.4.1 of the City's Official Plan ensures developments will increasingly be sustainable by encouraging, supporting and, where appropriate, requiring: a) compact development and efficient built form; b) environmentally responsible design (from community design to building design) and construction practices; c) the integration, protection and enhancement of natural features and landscapes into building and site design; d) the reduction of resource consumption associated with development; and, Page 269 of 410 e) transit -supportive development and redevelopment and the greater use of other active modes of transportation such as cycling and walking. Development applications are required to demonstrate that the proposal meets the sustainable development policies of the Plan and that sustainable development design standards are achieved. Sustainable development initiatives will be further explored at the site planning stage. Proposed Official Plan Amendment Conclusions The Official Plan Amendment application requests that the land use designation as shown on Map 10 — King Street East Secondary Plan be changed from `Mixed Use Corridor with Special Policy Area 1' to `Mixed Use Corridor with Special Policy Area 9'. Based on the above -noted policies and planning analysis, staff is of the opinion that the proposed Official Plan Amendment represents good planning and recommends that the proposed Official Plan Amendment be approved. SECTION 4—THE AMENDMENT The City of Kitchener Official Plan (1994) is hereby amended as follows: a) Amend Map No. 10 — Secondary Plan - King Street East Neighbourhood Plan For Land Use by designating the lands, municipally addressed as 1251-1253 King Street East and 16 Sheldon Avenue South, as `Mixed Use Corridor with Special Policy Area 9" instead of `Mixed Use Corridor with Special Policy Area 1', as shown on the attached Schedule `A'; 10 Page 270 of 410 APPENDIX 1: Notice of the Planning & Strategic Initiatives Committee Meeting (December 12, 2022) NOTICE OF PUBLIC MEETING� for a development in your neighbourhood 1251-1253 King St. E. Et 16 Sheldon Ave. S. Ki�c;f Have Your Voice Heard! i ` • Date: December 12, 2022 • Time: 3:00 p.m. ' Location: Council Chambers, Kitchener City Hall ' 200 King Street West arVirtual Zoom Meeting It 1 r :'� To view the staff report, agenda, meeting details, start time of this item or to appear as a delegation, visit: Concept Drawing kitchenerca/meetings To learn more about this project, including information on your appeal rights, visit: www.kitchenenca/ R Pla nningApplications rr� r, r or Contact: Mixed 27 €t 8 Storeys, Floor space Craig Dumart, Senior Planner Use 408 Dwelling Natio of 8.6 519.741.2200 x 7073 Units crai,g.dumart@)kitchener.ca Official Plan Amendment and Zoning By-law Amendment applications will be considered to facilitate the redevelopment of the lands with a 27 -storey mixed-use residential building and an 8 -storey residential building, providing 408 residential dwelling units, with a Floor Space Ratio FSR) of 8.6, a decreased parking rate providing 178 parking spaces, and with residential and commercial uses both located on the ground floor. Page 271 of 410 APPENDIX 2: Minutes of the Planning & Strategic Initiatives Committee Meeting (December 12, 2022) 12 Page 272 of 410 APPENDIX 3 - Minutes of the Meeting of City Council (December 19, 2022) 13 Page 273 of 410 z z <1Z 76- a J J N +L CL a rn o o LL Q z c � n ' V ++ i (B a) L a) LL W O O - L 7 cu 0 L L 0 L }• Qi Qi Qi }• cu �+ u }• L O O H U co a x o in c co o c o _ �Hww o - c o T o a�U•� L U o zWO c U o 0 o cn > o �dUd L ++ c a) 2-y0 U aci � U v o o Q °)�.�� a) E a) U U c c c cn c n a- Q co o Q .x a) a) H_ Z z cn cn a� E a� �° �° cn co U cn .x cn Y w Y D c D ca c L o O Q m o 0 0 °� o x Q o n ao�i °c a)° o = JJ J J JJj Z 2 Z O m (n d U) Q LL LU 0 I1,r+ 1, �/ "� r;,�' . •` �(♦ •1 �l rte`-,� �! •�I Fes, tl� �, I. 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Schedule Number 143 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 High Intensity Mixed Use Corridor Zone (MU -3) with Special Regulation Provision 544R to High Intensity Mixed Use Corridor Zone (MU -3) with Special Regulation Provisions 544R, 783R and Holding Provision 96H. 2. Schedule Number 143 of Appendix "A" to By-law Number 85-1 is hereby further amended by incorporating additional zone boundaries as shown on Map No. 1 attached hereto. 3. Appendix "D" to By-law 85-1 is hereby amended by adding Section 783 thereto as follows: "783. Notwithstanding Sections 6.1.2, and 55.2.1 of this By-law within the lands zoned MU - 3 and shown as being affected by this subsection on Schedule Number 143 of Appendix `A', the following special regulations shall apply: a) The maximum Floor Space Ratio shall be 8.6. b) On-site Parking shall be provided as follows: i) Parking for multiple dwellings shall be provided at a rate of 0.43 spaces per unit. Page 276 of 410 ii) Visitor Parking shall be sharable with non-residential uses and be provided at a rate of 10% of the required parking. iii) Bicycle and electric vehicle parking are to be provided in accordance with By-law 2019-051; c) Dwelling units shall be permitted to be located on the ground floor with non- residential uses. d) Geothermal Energy Systems shall be prohibited." 4. Appendix "F" to By-law 85-1 is hereby amended by adding Section 96H thereto as follows: "96. Notwithstanding Section 55 of this Bylaw, within the lands zoned MU -3 and shown as being affected by this Subsection on Schedule Number 143 of Appendix "A": i) No residential use shall be permitted until such time as a Record of Site Condition is submitted and approved to the satisfaction of the Ministry of the Environment and Climate Change. This Holding Provision shall not be removed until the Region of Waterloo is in receipt of a letter from the Ministry of the Environment and Climate Change (MOECC) advising that a Record of Site Condition has been completed to their satisfaction. ii) No residential use shall be permitted until such time as a Road Traffic, and Stationary Noise Study is submitted and approved to the satisfaction of the Regional Commissioner of Planning, Housing and Community Services, if necessary. This Holding Provision shall not be removed until the City of Kitchener is in receipt of a letter from the Regional Commissioner of Planning, Housing and Community Services advising that such noise study or studies has been approved and an agreement, if necessary, has been entered into with the City and/or Region, as necessary, providing for the implementation of any recommended noise mitigation measures." Page 277 of 410 5. This By-law shall become effective only if Official Plan Amendment No. _, (1251-1253 King Street East and 16 Sheldon Avenue South) comes into effect, pursuant to Section 24(2) of The Planning Act, R.S.O. 1990, c. P.13, as amended. PASSED at the Council Chambers in the City of Kitchener this day of 2022. Mayor Clerk Page 278 of 410 NOTICE OF PUBLIC MEETING F fora development in your neighbourhood 1251-1253 King St. E. Et 16 Sheldon Ave. S. �r= . Have Your Voice Heard! .a Date: Time: Location: -;F q'5 Concept Drawing December 12, 2022 3:00 p.m. Council Chambers, Kitchener City Hall 200 King Street West orirtual Zoom Meeting To view the staff report, agenda, meeting details, start time of this item or to appear as a delegation, visit: kitchener.ca/meetings To learn more about this project, including information on your appeal rights, visit: www.kitchener.ca/ Pla n n i ngAppl ications or contact: Mixed 27 Et 8 Storeys, Floor Space Craig Dumart, Senior Planner Use 408 Dwelling Ratio of 8.6 519.741.2200 x 7073 Units craig.dumart@kitchener.ca Official Plan Amendment and Zoning By-law Amendment applications will be considered to facilitate the redevelopment of the lands with a 27 -storey mixed-use residential building and an 8 -storey residential building, providing 408 residential dwelling units, with a Floor Space Ratio (FSR) of 8.6, a decreased parking rate providing 178 parking spaces, and with residential and commercial uses both located on the ground floor. Page 279 of 410 Craig Dumart From: Sent: Dave Seller Wednesday, October 26, 2022 12:59 PM To: Craig Dumart Subject: RE: 1251 King st e (King -Sheldon -Charles )- OPA/ZBA -updated TIS Attachments: 2022-10-26 - KSC - Paradigm - (210166) 1253 King St Update - 2022-10-25 (Submission Copy).pdf Hi Craig, Transportation Services have reviewed the update to the TIS and accept Paradigm's parking rate of 0.44 sp/unit Dave Seller, C.E.T. Traffic Planning Analyst I Transportation Services I City of Kitchener 519-741-2200 ext. 7369 1 TTY 1-866-969-9994 1 dave.seller(c kitchener.ca From: Craig Dumart <Craig.Duma rt@kitchener.ca> Sent: Wednesday, October 26, 2022 9:51 AM To: Dave Seller <Dave.Seller@kitchener.ca> Subject: 1251 King st e (King -Sheldon -Charles )- OPA/ZBA Hi Dave, The applicant has added 3 additional storeys to the proposed development. With the height increase and additional units, the parking rate has decreased and they have submitted an updated Parking Justification Report. Please let me know if you have any concerns with the new parking rate proposed. Craig Dumart, BES, MCIP, RPP Senior Planner I Planning Division I City of Kitchener (519) 741-2200 ext 7073 1 TTY 1-866-969-9994 1 craig.dumartta7.kitchener.ca From: Mark Hoculik <mh@vivedevelopment.ca> Sent: Wednesday, October 26, 2022 9:32 AM To: Craig Dumart <Craig.Dumart@kitchener.ca>; Stephen Litt <sl@vivedevelopment.ca> Subject: RE: King -Sheldon -Charles - Height Study Hey Craig, updated study from Paradigm attached. Page 280 of 410 Craig Dumart From: Pegah Fahimian Sent: Friday, August 19, 2022 1:57 PM To: Craig Dumart Subject: OPA-ZBA-1253 King St and 16 Sheldon Attachments: ZBA-OPA-1253 King Street E - Urban Design Comments.docx Hi Craig, I have enclosed my urban design comments for 1253 King St E. I am generally satisfied with the changes made from an urban design perspective. I will have more detailed comments on the proposed design and building elevations at the Site Plan Stage. Thanks, Pegah Fahimian, B.Arch, M.Arch, MUD Senior Urban Designer/ Planning Division / City of Kitchener 519-741-2200 ext. 7342 / TTY 1-866-969-9994 Pegah.Fahimian@kitchener.ca TOTO Page 281 of 410 City of Kitchener Zone Change Comment Form Address: 1251-1253 King St E& 16 Sheldon Ave S Owner: Enter project address. Application #: OPA22/007/K/CD ZBA22/012/K/CD Comments Of: City of Kitchener— Urban Design- Planning Commenter's Name: Pegah Fahimian Email: Pegah.fahimian@kitchener.ca Phone: 519-741-2200 Ext. 7342 Date of Comments: August 15, 2022 ❑ 1 plan to attend the meeting (questions/concerns/comments for discussion) ® No meeting to be held,,, ❑ I do NOT plan to attend the meeting (no concerns) 1. Documents Reviewed: / oo, • Cover Letter • Urban Design Brief- MHBC Planning ii;'o • Floor Plans - Cusimano Architects drawings 2. Site -Specific Comments &Issues: • The application proposes a purpose-built attainable rental pF:bject in the form of one tall building and one mid -rise building with a defined base that connectsboth towers. While the concept of residential intensification on this site is positive, and many previous staff comments have been M incorporated into the proposal, some design modifications must be addressed in the Site Plan Stage to create a development proposal that / well designed and appropriate for this site and neighbourhood. eg • The tall building design guidelines are an excellent compatibility test for proposals exceeding their zoning permissions. The pibposal meets the tall building guidelines, specifically with regards to off- site separation. �`0,, • The ground'floor Should be ;designed to be primarily commercial space ALONG King Street with only residential lobby/accity area. Active uses, including the retail or resi-dential amenity areas, should `be situated along King St, Charles and Sheldon Street frontage. i • 411at=.grade parking should be wrapped with active uses. Design modifications are to be provided for tf`e location of the proposed loading area and exposed parking garage along Sheldon Street. • Underground parking is preferred to reduce the proposal's massing, including the above -grade structure. Integrate above -ground structured parking into the base design and place it behind active uses along Sheldon Street edges. • The underground parking structure should have a sufficient setback from the property lines to accommodate the necessary soil volume to support required large-statured, high canopied trees. Perimeter trees should not be located on the garage slab roof. Within site, required tree plantings can be accommodated on the garage slab but will still require standard minimum soil volumes. A City for Everyone Working Together — Growing Thoughtfully — Building Community Page 1 of 4 Page 282 of 410 City of Kitchener Zone Change Comment Form • This project should play a significant role in reinforcing the character of King Street. There is a need for public art at the entrance, well integrated into the architecture of the building, and suggest the following as options. o Public Art (sculpture, mural, digital) o Living wall (interior or exterior, but visible/prominent) o Enhanced architecture at the corner o Community -oriented space o Enhanced exterior lighting (coloured, programmable, pattered, etc.) • Confirmation to be provided that the proposal -maintained access to at least 5 hours of cumulative direct sunlight to nearby residential, sidewalks and open spaces. • Due to the lack of amenity space in this neighbourhood, outdoor amenity'space should be maximized; please see Urban Design Manual for minimum requirementsand specifications. Provide multiple above -grade rooftops and podium amenities with a minimum of (2 sq.m X # units) + (2.5 sq.m x # bedrooms - # units) = outdoor amenity space. • Wind assessment and Noise feasibility study required for outdoor, amenity and the pedestrian realm. • Microclimate analysis— separation analysis that verifies how the proposed design meets the Tall building design guidelines. Maintain daily access to at least 5 hours of cumulative direct sunlight during the winter months. 3. Comments on Submitted Documents Urban Design Brief, MHBC Planning • The city is supportive of the approach to using balconies to add a pattern to the tower, articulate the facades and break down tower massing. Refining these balconies to create the best possible architectural expression for the tower will be critical. Podium levels along King and Charles Street would benefit from balconies for residential units, adding natural surveillance and a greater sense of street life. • The tower should step back from its base a minimum of 3m along any street -facing elevations. • Provide natural surveillance by employing high percentages of glazing, active uses at ground level and incorporate more units with windows and balconies on the main facade with views onto the street Provide materiality and texture shifts at the podium and across the towers and incorporate variations in tower setbacks from the base to distinguish the tower form from the podium. A City for Everyone Working Together — Growing Thoughtfully — Building Community Page A3 of 410 City of Kitchener Zone Change Comment Form • The building facades on King and Sheldon St should contain an appropriate amount of glazing and articulation, particularly along the lower 5m where the building addresses the sidewalk. • Details of the streetscape are to be provided. Any streetscape elements proposed are to be reviewed. • The area between the building's face and the property line should be well integrated with the street and public realm to deliver high-quality and seamless private, semi -private and public spaces. • 3 -bed units are desirable as they provide more living space for families. A higher percentage of these units might help with community engagement. ,/ j/f���� %J/0010 iii/, ! • The proposed corner treatment to be further enhanced to create visual interest at the street edge. This could be achieved by special massing and architectural treatments on both streets to give prominence along the frontages and visually distinguish these sites. • The proposed towers should have unique top features that are architecturally excellent, highly visible and positively contribute to the image of Kitchener developing skyline. • Floor plan including the parking layouts, retail spaces, and unit layouts to be provided • Residential and commercial entrances should be identified and offer access from both the public realm and the private parking side of the building. The use of natural or built canopies /cantilevers to enhance pedestrian refuge and define the public realm is encouraged • 3 -bed units are desirable as they provide more living space for families. A higher percentage of these units might help with community engagement. • Please outline the sustainability features of this project. • Additional details to be provided for the pedestrian entrance, architectural style, elements, detailing and material selection. • The proposed long podium should be broken down using enhanced detailing and articulation. A City for Everyone Working Together — Growing Thoughtfully — Building Community Page% of 410 City of Kitchener Zone Change Comment Form • Details of the streetscape are to be provided. Any streetscape elements proposed are to be reviewed and approved. • Balconies may be staggered in a creative pattern to lighten the structure and provide private outdoor space for the units. • The proposed tower may be expressed with alternating solid cladding around balconies and glass curtain walls around living areas. • All utility locations, including meter room and transformer room, to be shown on the layout. Building -mounted or ground-based AC units should be located away from public view and fully screened. i • Wind assessment and Noise feasibility study required for outdoor amenity and the pedestrian realm. /r/ ";,, • Microclimate analysis— separation analysis that verifies how the proposgd��lesign meets the tall building design guidelines. • High-quality building design is expected. The building design should,be rws"ed to incorporate /r appropriate setbacks, stepbacks and well -articulated massing with a well defined base/podium ,o '. and a ground floor integrated into the public realm. 6A Analysis of Microclimate Impacts A confirmation has to be provided that the proposal maintains daily access to 5 hours of cumulative direct sunlight to nearby sidewalks and open spaces'under equinox conditions, beginning with the sidewalk located on the opposite side,of adjacent ROWS. r% ,. Wind Study - Pedestrian Level WI Rreliminary Impact Assessment. Boundary Layer Wind Tunnel Laboratory — Feb 24' 2022%%r, , %; According to the'submitted'vvind study along Charles Street E, some wind phenomena can lead to accelerated flows at,adjacent sidewalks and mitigation is expected to improve winter and spring winds to recommended;comfort le""vels. The northwest entry door(main) and southeast entry door are anticipated to require local mitigation to make those areas suitable for entries. J/000 A furrther quantitative wind study and a detailed wind tunnel analysis will be required as part of the full site plan application package. A revised design proposal should be developed that addresses the wind impacts outlined in the submitted wind study. A City for Everyone Working Together— Growing Thoughtfully — Building Community PPageOM5 of 410 Region of Waterloo Craig Dumart Senior Planner City of Kitchener 200 King Street West, 6th Floor P.O. Box 1118, Kitchener, ON N2G 4G7 Dear Mr. Dumart, PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES Community Planning 150 Frederick Street 8th Floor Kitchener Ontario N2G 4,13 Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4466 www.regionofwaterloo.ca Melissa Mohr 226-752-8622 File: D17/2/22007 C14/2/22012 November 1, 2022 Re: Proposed Official Plan Amendment OPA 22/07 and Zoning By-law Amendment ZBA 22/012 1251-1253 King Street East and 16 Sheldon Avenue MHBC Planning Inc. (C/O Pierre Chauvin) on behalf of King Sheldon Kitchener Holdings Inc. (C/O Stephen Litt) CITY OF KITCHENER MHBC Planning Inc. on behalf of King Sheldon Kitchener Holdings Inc. has submitted an Official Plan Amendment and Zoning By-law Amendment for a development proposal at 1251-1253 King Street East and 16 Sheldon Avenue in the City of Kitchener. The applicant is proposing a 24 -storey mixed use building (Building A) and an 8 -storey building (Building B) with a shared amenity area and parking facility. The applicant proposes a total of 372 residential units with approximately 484.3.sq.m. of at -grade commercial/retail space (planned for two storeys in height which wrap the structured parking facility within the development). The commercial units are proposed along King Street East and five (5) residential units (in the form of townhouse units) are proposed along Charles Street East. A total of 178 parking spaces are provided within the development within one storey of underground parking and two storeys of structured parking. The proposed combined parking ratio of 0.5 spaces/unit will include 142 spaces for tenants and 36 spaces for visitors. Document Number: 4214815 Version: 1 Page 1 of 11 Page 286 of 410 The subject lands are located in the Urban Area and designated Built -Up Area in the Regional Official Plan. The site is designated Mixed Use Corridor in the City of Kitchener Official Plan and zoned High Intensity Mixed Use Corridor (MU -3) Zone with Site -Specific Regulation 544R. The Owner has requested an Official Plan Amendment to permit a site-specific policy to allow a Floor Space Ratio (FSR) of 7.94 (whereas a maximum FSR of 4.0 is currently permitted). The Applicant has requested a Zoning By-law Amendment to permit site-specific regulations including permitting a FSR of 7.94 (whereas a max. FSR of 4.0 is currently permitted); permit five (5) residential units on the ground floor along the Charles Street frontage; to permit a parking ratio for multiple dwellings on properties within an MU -3 Zone at a rate of 0.5 spaces/unit (whereas a minimum of 1 space/unit for dwellings greater than 51 sq. m. in size and 0.165 spaces/units for units less than 51 sq.mt. is required); permit a visitor parking rate of 10% (whereas a visitor parking rate of 20% is required); and to permit a retail, financial establishment, repair service, restaurant, personal service, health clinic/office and office parking ratio of zero for a plaza complex. The Region has had the opportunity to review the proposal and offers the following at this time: 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 is designated Mixed Use Corridor in the City of Kitchener Official Plan. Planned Community Structure: The Urban Area designation of the ROP has the physical infrastructure and community infrastructure to support major growth and social and public health services (ROP Section 2.D). The ROP supports a Planned Community Structure based on a system of Nodes, Corridors and other areas that are linked via an integrated transportation system (ROP objective 2.1 and 2.2). Components of the Planned Community Structure include the Urban Area, Nodes, Corridors and other development areas including Urban Growth Centres (UGC's) and Major Transit Station Areas (MTSA's). Most of the Region's growth will occur within the Urban Area and Township Urban Area designations, with a substantial portion of this growth directed to the existing Built -Up Area of the Region through reurbanization. Focal points for reurbanization include Urban Growth Centres, Township Urban Growth Centres, Major Transit Station Areas, Reurbanization Corridors and Major Local Nodes (ROP Section 2.13). The subject lands are located in the delineated Built -Up Area of the Region and Major Transit Station Area of the City of Kitchener. Document Number: 4214815 Version: 1 Page 2 of 11 Page 287 of 410 Regional Official Plan Amendment No. 6 (ROPA 6) The subject lands are located within the Borden Station Major Transit Station Area (MTSA). The development concept proposes a higher density mixed-use development that contributes to the minimum density target established for the Borden Station MTSA of 160 people and jobs per hectare. As Major Transit Station Areas are identified as Strategic Growth Areas where the highest levels of growth and development will be directed, the Region is supportive of the increased density and uses within the MTSA. The density and mixed -uses proposed through these applications are supported within ROPA 6. Development within Major Transit Station Areas are to be transit -supportive and prioritize access to the transit station. Regional staff understand that the development has street presence and includes pedestrian access to the sidewalk along King Street East and Charles Street East. In addition, the development concept proposes a reduction in the minimum required parking spaces and includes indoor bicycle stalls facilitating access to multiple transit routes and the local cycling grid within the vicinity of the site. The development conforms to these policies. Finally, the housing form proposed through these applications include apartment style and townhouse residential units. The type of housing proposed through this development will contribute to the mix of housing form within this area. Furthermore, the addition of residential and commercial uses will add to the diverse mix of uses within the Borden Station MTSA. Record of Site Condition (RSC): A RSC and Ministry Acknowledgement Letter are required in accordance with the Region's Implementation Guideline for the Review of Development Applications on or Adjacent to Known and Potentially Contaminated Sites due to high and medium threats located on and adjacent to the subject lands. As the RSC and Ministry Acknowledgement Letter were not submitted as part of the complete application, the Region requires that a Holding Provision be imposed on the entirety of the subject lands until the required RSC has been filed with the Ministry of Environment, Conservation and Parks and the RSC and Ministry Acknowledgement letter have been submitted to the satisfaction of the Regional Municipality of Waterloo. The required wording for the holding provision is: That a holding provision shall apply to the entirety of the subject lands until a Record of Site Condition (RSC) in accordance with O. Reg. 153/04, as amended, has been filed on the Ministry of Environment, Conservation and Parks (MECP) Environmental Site Registry and the Ministry Acknowledgement letter has been submitted to the satisfaction of the Region. Document Number: 4214815 Version: 1 Page 3 of 11 Page 288 of 410 Please exclude the lands to be dedicated to the Region through the site plan process from the lands subject to the Record of Site Condition. Corridor Planning Transportation Noise: Corridor Management staff have reviewed the report entitled "Noise Feasibility Study Proposed Residential Development 1251, 1253 King Street East & Sheldon Avenue South, Kitchener" dated February 25, 2022, prepared by HGC Engineering in support of an Official Plan Amendment and Zoning By-law Amendment Application. The noise study assessed the impacts of transportation noise from traffic on King Street East, Sheldon Avenue South, Charles Street East and Sydney Street South. Regional staff have reviewed the study and have no objection to the applications based on the recommendations of the transportation noise aspects of the study at this stage (OPA and ZBA stage). Based on the findings of the report it is determined that the development is feasible with the inclusion of various noise attenuation measures to address transportation noise. The report determined that the balconies with less than 4.Om depth will not be considered the Outdoor Living Areas (OLAs) and that the common amenity area located on the roof between the 8 -storey and the 24 -storey residential towers will not require any mitigation. The following recommendations pertaining to the transportation noise, shall be implemented through a registered agreement with the Region of Waterloo at a future Consent or Condominium stage and shall also be secured through a future site plan application: 1. The Owner/Developer shall implement the recommendations of the report "Noise Feasibility Study Proposed Residential Development 1251, 1253 King Street East & Sheldon Avenue South, Kitchener", prepared by HGC Engineering and further agrees that: 2. 24 -Storey Building (North Facade): a) The building/units facing north fagade of the building shall be installed with a suitably sized and designed air -ducted heating and ventilation system; and shall be installed with central air-conditioning, prior to occupancy. b) When detailed floor plans and building elevations are available for the suites along the north fapade of the 24 -storey building, the glazing requirements should will be refined based on actual window to floor area ratios. c) The following Noise Warning Clauses shall be registered on all agreements of Purchase and Sale/ Lease/ Rental and within the Condominium Declaration: Document Number: 4214815 Version: 1 Page 4 of 11 Page 289 of 410 "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." 3. 8 -Storey Building (All Units) and 24 Storey Building (East West and South Facades a) The Building/units shall be installed with air -ducted heating and ventilation system suitable sized and designed for the provision of air conditioning, at owner's discretion. b) The following Noise Warning Clauses shall be registered on Agreements of Purchase and Sale/Lease/Rental Agreements and within the Condominium Declaration: "This unit has been designed with the provision of adding central air conditioning at the occupant's discretion. Installation of central air conditioning by the occupant in low and medium density developments 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 Municipality and the Ministry of the Environment." Finally, prior to the issuance of any building 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 environmental noise study entitled "Noise Feasibility Study, Proposed Residential Development at 1251, 1253 King Street East & 16 Sheldon Avenue South, Kitchener, Regional Municipality of Waterloo, Ontario" dated February 25, 2022 prepared by HGC Engineering. The study has identified a number of off-site stationary noise sources as having a potential impact on the subject lands. One source; Active Green + Ross Tire & Automotive Centre; located immediately to the west of the site has the potential to produce significant levels of sound at the proposed mixed-use building due to open garage bay doors that operate from 8am to 6pm. The study identified that the predicted sound levels due to the open bay doors of the Active Green + Ross facility have the potential to be in excess of the sound level criteria (daytime exclusion limit and elevated noise level) by up to 3 dBA during the daytime at the nearest points of the 24 -storey building (western and southern fagades). Document Number: 4214815 Version: 1 Page 5 of 11 Page 290 of 410 Regional Staff have concerns with the exceedance of 2 and 3 dBA above the sound level criteria (daytime exclusion limit and elevated noise level) from the Active Green + Ross Facility and do not agree that the exceedance is minor in nature as this exceedance is not acceptable as per the Ministry of Environment, Conservation and Parks NPC -300 noise guideline. The exceedance of 2 & 3 dBA above the sound level criteria (daytime exclusion limit and elevated noise level) must be addressed through the use of a Holding Provision. The Holding Provision must address the need for a detailed stationary noise study to ensure the stationary noise levels meet the NPC -300 noise criteria and to ensure mitigation at the source and/or at the building can be implemented to the satisfaction of the Region. The required wording for the Holding Provision is: That a holding provision shall apply to the entirety of the subject lands until a detailed stationary noise study has been completed and implementation measures addressed to the satisfaction of the Regional Municipality of Waterloo. The detailed stationary noise study shall comply with the MECP NPC -300 stationary noise level criteria and provide implementation measures at the source of mitigation or on the subject lands to the satisfaction of the Regional Municipality of Waterloo. Furthermore, the detailed stationary noise study shall review the potential impacts of the development on itself (e.g. HVAC system on the sensitive points of reception) and the impact of the development on adjacent sensitive land uses. Site Plan Application Stage: Stormwater Management: The Stormwater Management Report is under review and comments will be sent under a separate cover. Road Dedication: As part of a future site plan application, the Owner/Developer shall provide a dedication in the form of a daylight triangle 7.62 m x 7.62 m at the corner/intersection of King Street East and Sheldon Avenue South. Regional staff note that the dedication shown on the concept plans are 7.5m x 7.5m, which must be updated as part of the future site plan application. As part of the land dedication, a draft R Plan shall be prepared by an Ontario Land Surveyor (OLS) for Regional staff to review. Once reviewed and accepted by Regional staff, it shall be deposited at the Land Registry Office. The land dedication shall be dedicated to the Reigon free of encumbrance and at the cost of the Applicant/Owner and all costs associated with the land dedication are at the Owner/Developers expense. Please be advised that a Phase I (and possibly a Phase II) Environmental Site Assessment (ESA) for the lands to be dedicated to the Region shall be required for Document Number: 4214815 Version: 1 Page 6 of 11 Page 291 of 410 review and approval by the Region. As indicated above, the lands to be dedicated to the Region shall be excluded from the Record of Site Condition that is to be filed with the Ministry of Environment, Conservation and Parks. Access Permit: Regional staff understand that no vehicular access has been proposed to/from King Street East as the main vehicular access is proposed from Sheldon Avenue South. If emergency vehicular access is proposed from King Street East, it must be gated/locked at all times and must be located on private property. If an Emergency Access is proposed from King Street East, a Regional Access permit is required. There is a fee of $230.00 required for the access permit and the application can be found here: https://forms. regionofwaterloo.ca/ePay/PDLS-Online-Payment-Forms/Commercial- Access-Permit-Application Transit Planning: There are no transit requirements for this development, however there is a bus stop adjacent to the subject lands (stop No. 2570 at King and Sydney Street) which was recently improved through the Region's King Street East reconstruction project. A shelter that includes advertisements is planned for this stop. As there are multiple alternative and multi -modal transit options available within the vicinity of the subject lands, Regional staff are supportive of the reduced parking proposed through this application and have the following Transit Demand Management (TDM) comments for review: Regional staff generally support the provision of an unbundled parking plan as impactful TDM/Transit-Supportive measures for a site. The developer may want to consider providing a surplus of bike parking due site's proximity to the Downtown Cycling Grid. In addition, Subsidized Transit Passes were listed in the report as a proposed TDM measure. Please be aware that this initiative requires a commitment from the Owner/Applicant to manage, administer, and fund the full cost of monthly transit passes for residents. If this is to be considered by the applicant, further consultation and confirmation of expectations between all three parties (Applicant, City, Region (GRT)) is required as soon as possible. In addition, a car share program was included under the "Alternative Strategies" section of the TDM measures with the most established car -share program in Waterloo Region being Communauto. Communauto offers unique programming to "launch" their car share program through a business agreement between their office and the property owner. The applicant should contact Janet MacLeod imacleod(a-)-communauto.ca to learn more about opportunities available locally. Region of Waterloo International Airport Zoning Regulation: Please be advised that the subject lands are within the Take -off Approach Surface and subject to all conditions of the Airport Zoning Regulations and Federal Aviation. Document Number: 4214815 Version: 1 Page 7 of 11 Page 292 of 410 Residents of this site may be subject to the presence of noise from flying aircrafts. To address these noise concerns, the following airport warning clause shall be implemented through a Registered Development Agreement with the Regional Municipality of Waterloo at a future consent/condominium or site plan stage: "Prospective purchasers and tenants are advised that all lots/units or blocks in this plan of subdivision/condominium are located within or in close proximity to one of the flight paths leading into and out of the Region of Waterloo International Airport and that directional lighting along this path and noise from aircraft using the flight path may cause concern to some individuals." In addition, the Owner/Developer must complete and submit the land use submission forms required by NAV Canada. The forms can be found here: https://www.navcanada.ca/en/aeronautical-information/land-use-program aspx Should you have additional questions or require clarification, please contact Kevin Campbell at KCampbell(a�-regionofwaterloo.ca. Regional Water Services: Please be advised that no connection to regional watermains shall be permitted in accordance with Section B.2.1.4.1 of the Design Guidelines and Supplemental Specifications for Municipal Services, January 2022; therefore the applicant must connect to local municipal water and sanitary services (preference is a local connection from Sheldon Avenue South or Charles Street East). Please be advised that if a connection to local services is sought within the Region's Right of Way, Municipal Consent shall be required for any new and/or updated service connections and a Region of Waterloo Work Permit must be obtained from the Region of Waterloo prior to commencing construction within the Region's right of way Finally, due to the proximity to the 600mm transmission water main on Charles St, the use of soil anchors shall not be permitted on the Charles St. Hydro -geology and Source Water Programs: Please be advised that the Region does not permit permanent passive or active dewatering controls for below -grade infrastructure, including foundations, parking garages, footings, piles, elevator shafts, etc. Waterproof seals should be used in lieu of permanent dewatering infrastructure. In addition, the Region requires a prohibition on geothermal energy systems be included in the Zoning By-law Amendment. The required wording for the prohibition is: Geothermal Wells are prohibited on site. A geothermal well is defined as a vertical well, borehole or pipe installation used for geothermal systems, ground -source heat pump Document Number: 4214815 Version: 1 Page 8 of 11 Page 293 of 410 systems, geo-exchange systems or earth energy systems for heating or cooling; including open -loop and closed-loop vertical borehole systems. A geothermal well does not include a horizontal system where construction or excavation occurs to depths less than five meters unless the protective geologic layers overlaying a vulnerable aquifer have been removed through construction or excavation. Housing Services The Region supports the provision of a full range of housing options, including affordable housing. The Region's 10 -Year Housing and Homelessness Plan contains an affordable housing target for Waterloo Region. The target is for 30% of all new residential development between 2019 and 2041 to be affordable to low and moderate income households. Staff recommend that the applicant consider providing a number of affordable housing units on the site. Staff recommend meeting with Housing Services to discuss the proposal in more detail and to explore opportunities for partnerships or programs. 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 Bachelor: $950 Housing for which the purchase price is at least 10 percent 1 -Bedroom: $1,134 below the average purchase price of a resale unit in the $576,347 regional market area 3 -Bedroom: $1,538 -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 $576,347. For the purposes of evaluating the affordability of a rental unit (based on the definition of affordable housing in the Regional Official Plan), the average rent is compared to the least expensive of: A unit for which the rent does not exceed 30 per cent of the gross annual household income for low and moderate income $1,470 renter households A unit for which the rent is at or below the average market rent Bachelor: $950 (AMR) in the regional market area 1 -Bedroom: $1,134 2 -Bedroom: $1,356 3 -Bedroom: $1,538 4+ Bedroom: $3,997 Document Number: 4214815 Version: 1 Page 9 of 11 Page 294 of 410 'Based on the most recent information available from the PPS Housing Tables (2021) In order for a unit to be deemed affordable, the average rent for the proposed units must be at or below the average market rent in the regional market area, as listed above. Fees: By copy of this letter, the Region of Waterloo acknowledges receipt of the review fees of $10,500. Requirements for Implementation: Based on the above, the Region has no objection to the above noted applications subject to the implementation of the following Holding Provisions and prohibition within the Zoning By-law Amendment: 1. That a holding provision shall apply to the entirety of the subject lands until a Record of Site Condition (RSC) in accordance with O. Reg. 153/04, as amended, has been filed on the Ministry of Environment, Conservation and Parks (MECP) Environmental Site Registry and the Ministry Acknowledgement letter has been submitted to the satisfaction of the Region. 2. That a holding provision shall apply to the entirety of the subject lands until a detailed stationary noise study has been completed and implementation measures addressed to the satisfaction of the Regional Municipality of Waterloo. The detailed stationary noise study shall comply with the MECP NPC -300 stationary noise level criteria and provide implementation measures at the source of mitigation or on the subject lands to the satisfaction of the Regional Municipality of Waterloo. Furthermore, the detailed stationary noise study shall review the potential impacts of the development on itself (e.g. HVAC system on the sensitive points of reception) and the impact of the development on the adjacent sensitive land uses. 3. Geothermal Wells are prohibited on site. A geothermal well is defined as a vertical well, borehole or pipe installation used for geothermal systems, ground - source heat pump systems, geo-exchange systems or earth energy systems for heating or cooling, including open -loop and closed-loop vertical borehole systems. A geothermal well does not include a horizontal system where construction or excavation occurs to depths less than five meters unless the protective geologic layers overlaying a vulnerable aquifer have been removed through construction or excavation. Conclusions: As indicated above, the Region of Waterloo has no objection to the above noted Official Plan Amendment and Zoning By-law Amendment subject to the implementation of the above noted holding provisions and prohibition on geothermal energy within the Zoning By-law Amendment. Document Number: 4214815 Version: 1 Page 10 of 11 Page 295 of 410 Please note that 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. Please accept this letter as our request for a copy of the draft zoning by-law once prepared and a copy of the record pertaining to this application. Should you have any questions, please do not hesitate to contact me. Yours truly, Melissa Mohr, MCIP, RPP Senior Planner C. Steven Litt, Vive Developments (Owner), Pierre Chauvin, MHBC Planning (Agent) Document Number: 4214815 Version: 1 Page 11 of 11 Page 296 of 410 Internal memo Development Services Department Date: Thursday, July 21, 2022 To: Craig Dumart From: Jason Brule, C.E.T. Subject: Official Plan Amendment OPA22/007/K/CD Zoning By-law Amendment ZBA22/012/K/CD Owner: King Sheldon Kitchener Holdings Inc. Site Address: 1251-1253 King Street East & 16 Sheldon Avenue South 1 vER www.kitchener.ca The below comments have been prepared through the review of the supplied Site Servicing Feasibility Study by Strik Baldinelli Moniz, dated April 18, 2022. General Comments: 1. Engineering is in support of the applications. 2. Please use the most recent versions of the SSMS (2022) and the City's Development Manual (Summer 2021) during detailed design. Also, the existing drawing being referred to is actually a Region of Waterloo plan. Sanitary: 3. The per capita flow rate in the City of Kitchener is 305 L/p/day and the infiltration rate is 0.15 L/s/ha. 4. Flows were calculated using the City's standards and input into the City's model. No capacity issues were flagged. 5. The feasibility study mentions a commercial area flow rate of 1.5 L/s/ha whereas the design sheet shows 0.95 L/s/ha. According to the SSMS the commercial area of this site could utilize a flow rate of 0.5 L/s/ha. Water (Angela Mick): 6. Kitchener Utilities has no issues. Storm: 7. The SWM fee for retention and/or quality is calculated based on the year it will be paid. If it were to occur this year (2022) the value would be $105,660/ha. The feasibility study is showing an older (previous year) value. Jason Brule, C.E.T. Engineering Technologist Page 297 of 410 Craig Dumart From: Jason Brule Sent: Thursday, July 21, 2022 11:32 AM To: Craig Dumart Subject: 1251-1253 King St E and 16 Sheldon Ave S OPA_ZBA Attachments: 1251-1253 King St E and 16 Sheldon Ave S - OPA_ZBA.pdf Hi Craig, Attached are the comments for the above noted applications. Engineering is in support of the OPA and ZBA. Regards, Jason Brule, C.E.T. Engineering Technologist I Development Engineering I City of Kitchener 519-741-2200 ext.7419 I TTY 1-866-969-9994 1 jason.brule(ccD-kitchener.ca T,` Page 298 of 410 Craig Dumart From: Mike Selling Sent: Monday, June 27, 2022 9:06 AM To: Craig Dumart Subject: FW: Circulation for Comment - OPA/ZBA (1251-1253 King Street East & 16 Sheldon Avenue South) Attachments: department & agency letter - 1251 King Street East.pdf Building; no concerns. Mike From: Christine Kompter<Christine.Kompter@kitchener.ca> Sent: Friday, June 24, 2022 11:58 AM To: _DL_#_DSD_Planning <DSD-PlanningDivision@kitchener.ca>; Aaron McCrimmon-Jones <Aaron.McCrimmon- Jones@kitchener.ca>; Bell - c/o WSP <circulations@wsp.com>; Dave Seller <Dave.Seller@kitchener.ca>; David Paetz <David.Paetz@kitchener.ca>; Ellen Straus <EIIen.Straus@kitchener.ca>; Feds <vped@feds.ca>; GRCA - Planning (planning@grandriver.ca) <planning@grandriver.ca>; Greg Reitzel <Greg.Reitzel@kitchener.ca>; Hydro One - Dennis DeRango <landuseplanning@hydroone.com>; Jim Edmondson <Jim.Edmondson@kitchener.ca>; Justin Readman <Justin.Read man@kitchener.ca>; Katherine Hughes<Katherine.Hughes@kitchener.ca>; K -W Hydro - Greig Cameron <gcameron@kwhydro.on.ca>; Mike Seiling <Mike.Seiling@kitchener.ca>; Ontario Power Generation <Executivevp.lawanddevelopment@opg.com>; Park Planning (SM) <Park.Planning@kitchener.ca>; Region - Planning <PlanningApplications@regionofwaterloo.ca>; Property Data Administrator (SM) <PropDataAdmin@kitchener.ca>; Robert Morgan <Robert.Morgan@kitchener.ca>; Steven Ryder <Steven.Ryder@kitchener.ca>; Sylvie Eastman <Sylvie.Eastman@kitchener.ca>; WCDSB - Planning <planning@wcdsb.ca>; WRDSB - Board Secretary (elaine_burns@wrdsb.ca) <elaine_burns@wrdsb.ca>; WRDSB - Planning <planning@wrdsb.ca> Cc: Craig Dumart <Craig.Dumart@kitchener.ca> Subject: Circulation for Comment - OPA/ZBA (1251-1253 King Street East & 16 Sheldon Avenue South) Please see attached. Additional documentation can be found in AMANDA folders 22-114119 & 22-114122 (City staff) and ShareFile (external agencies). Comments or questions should be directed to Craig Dumart, Senior Planner (copied on this email). Christine Kompter Administrative Assistant I Planning Division I City of Kitchener 200 King Street West, 6th Floor I P.O. Box 1118 Kitchener ON N2G 4G7 519-741-2200 ext. 7425 1 TTY 1-866-969-9994 christine.kompter@kitchener.ca Page 299 of 410 City of Kitchener Zone Change / Official Plan Amendment Comment Form Address: 1251-1253 King St E and 16 Sheldon Ave South Owner: King Sheldon Kitchener Holdings Inc Application: OPA22/007/K/CD and ZBA22/012/K/CD Comments Of: Parks and Cemeteries Commenter's Name: Lenore Ross Email: Lenore. ross@kitchener.ca Phone: 519-741-2200 ext 7427 Date of Comments: July 29 2022 ❑ 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 Official Plan Amendment and Zoning By-law Amendment to allow a 24 storey mixed use residential building (Building A) and an 8 storey residential building (Building B) with a shared amenity area and shared structured parking facility. The mixed use building proposes a total of 372 units with approximately 484.3 sq.m. of commercial/retail space at -grade. Planning Justification Report (MHBC Planning Ltd) dated May 2021 Urban Design Brief (MHBC Planning Ltd and Cusimano Architect) dated May 2022 Floor Plans and Shadow Study (Cusimano Architect)) dated March 17 2022 Agency Circulation Letter (City of Kitchener) dated June 23 2022 Pedestrian Level Wind Preliminary Impact Assessment (Boundary Layer Wind Tunnel Laboratory) dated Feb 24 2022 2. General Comments & Issues: 1) The King East Planning Community is part of Kitchener's Urban Growth Centre and is critically underserved by active park space with only 0.6 sq.m./person of active park space — well below the city wide average of 9.8 sq.m./person. This deficiency will increase as a result of the proposed intensification. Current active local park access is reliant upon Knollwood Park and Kauffman Park which are located in adjacent Planning Communities. 2) Although Parks & Cemeteries Presubmission application comments indicated that Parkland Dedication would be taken as cash -in -lieu of land at the site plan application, the City would be willing to explore the possibility of off-site dedication of parkland/park investment within the neighbourhood to support the proposed residential growth on site, with cash in lieu of land comprising the balance of the dedication requirement. 3) Should suitable land be acquired by the developer, this option for parkland dedication could include the construction of park infrastructure. 4) Further discussions with Parks staff are required to discuss possible off-site land dedication opportunities. A City for Everyone Working Together — Growing Thoughtfully — Building Community Pa e1of3 Fuge 300 of 410 City of Kitchener Zone Change / Official Plan Amendment Comment Form 5) Parkland dedication will be assessed based on the land use class(es) and density approved through the OPA and ZBA and assessed at the required Site Plan application and required as a condition of final Site Plan approval. Since there is little active public parkland in the immediate neighbourhood, the provision of on-site amenities suitable to all ages, including children's play facilities, will be critical to this proposal. The PJR, UDB and Shadow Study should be updated to reflect and accommodate on-site amenity spaces. 3. Comments on Submitted Documents The following comments should be addressed at this time. 1) Urban Design Brief (MHBC Planning Ltd and Cusimano Architect) dated May 2022 Floor Plans and Shadow Study (Cusimano Architect)) dated March 17 2022 Pedestrian Level Wind Preliminary Impact Assessment (Boundary Layer Wind Tunnel Laboratory) dated Feb 24 2022 a) Since there is little active public parkland in the immediate King East Planning Community, it is critical that residents' immediate recreational needs be accommodated on-site. The UDB should provide conceptual details for on-site amenity spaces including commentary and precedent images to guide detailed site design through the site plan application. Robust on- site outdoor amenity spaces with good solar access and protection from wind will be required as part of the site plan and should include seating and play equipment for residents of all ages and abilities. b) The UDB should be updated to provide design direction for on-site amenity spaces. c) The Shadow Study should be refined to provide greater detail for the proposed podium level amenity space to demonstrate that adequate solar access is provided for common amenity spaces. d) The Pedestrian Level Wind Report indicates that it is a preliminary high-level desk -top assessment and given the expected wind conditions, the proposed mitigation should be developed and evaluated using quantifiable wind tunnel testing. That detailed wind tunnel study should be submitted as part of a complete Site Plan application and include receptors at several points on the proposed podium common amenity space; and regular and representative at -grade public realm locations along King St E, Charles St E and Sheldon Ave S.. 2) Planning Justification Report (MHBC Planning Ltd) dated May 2021 a) The PJR should be updated to include an analysis and discussion of how the proposed development will impact the existing neighbourhood including the availability of services and infrastructure related to parks, open space, urban forests and community facilities relative to the change in planned function and significant increase in density specifically referencing the objectives and policies and in Part C Section 8: Parks, Open Space, Urban Forests and Community Facilities. A City for Everyone Working Together— Growing Thoughtfully — Building Community P c?eo361 of 410 City of Kitchener Zone Change/ Official Plan Amendment Comment Form 4. Policies, Standards and Resources: • Kitchener Official Plan Policy • City of Kitchener Parkland Dedication Policy • City of Kitchener Development Manual • PARTS Rockway Plan • Cycling and Trails Master Plan (2020) • Chapter 690 of the current Property Maintenance By-law • Parks Strategic Plan • Multi -Use Pathways & Trails Masterplan • Urban Design Manual • Places and Spaces (Draft) S. Anticipated Fees: Parkland Dedication The parkland dedication requirement for the OPA/ZBA application 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 OPA and ZBA and required as a condition of Site Plan Approval Parkland dedication is required for the application and the City would be willing to explore the possibility of off-site dedication of parkland/park investment with cash in lieu of land comprising the balance of the dedication requirement. Dedication requirements are subject to the Parkland Dedication Policy in effect. Please be advised that the City of Kitchener Parkland Dedication Policy is currently under review A City for Everyone Working Together — Growing Thoughtfully — Building Community Pr; ge°M2 of 410 Craig Dumart From: Laurie Palubeski Sent: Tuesday, July 5, 2022 9:33 AM To: Craig Dumart; Debbie Chapman; pchauvin@mhbcplan.com Subject: [EXTERNAL] 1251-1253 King St. E & 16 Sheldon Ave. S I am commenting on the above proposed development and am all for it provided it is an upper -scale complex unit. With having One Roof and the methadone clinic in our neighborhood for so long we need something to bring back the area to its former welcoming feeling. Many years ago coming into Kitchener via King St. and being exposed to the well kept landscape of Rockway Gardens was a boost to the city. However, years of focus on other areas has left this end of town lacking. Talk of revamping the Rockway Seniors Centre has gone by the wayside and any new businesses have not enhanced the area. We have lived in our house for 43 years and have watched the steady decline. If it continues this will become an unsafe area to raise children or for the many seniors residing in the area. Concerned citizens Laurie & Steve Palubeski Page 303 of 410 f Q i � � �. y.1 c,c-'E• � S�-r� i a � 1' � n 1 � r � r� :: J cc % F5"�'-�-'y l.(J� /r V e. the c,,, w ; -► G. ,,,r. a ,� I Fav r��-� C �� -�..s- j� I ►< s I u -r--A w s. 1, any { , � 5-i� �a �3 Ki.� �IG� y�Gi ,�cl Use x'72 eW�,L��� ¢ ka r Q. G ci G h 6 r j 1 `) te'P r f d Um S I-►»� un�0 tY�/�a_. l- i X cC i -i S e . ✓' e ct. S GC' L es o Yin inn c vim- I7 e%,c P g 7� U� �F"���IGC S t�� ✓� (S \ C66 .e, 5 CA.. C v ra ,vr •e ` c¢ S i-n s 6I\ h�l QK� ��. V �1 JLC V C 1 i•\ L�-e c. ql5. �,5S f �/ , �< <r i -% � � `f 4�,au,, o Ou n-, 1 t 5` -c- J Page 304 of 410 Craig Dumart From: randy morin Sent: Thursday, July 14, 2022 12:00 PM To: Craig Dumart Subject: 1251-1253 king st e You don't often get email from a why this is important Good morning I have concerns on this matter and would like to voice them . This is a sizeable different site then the previous application I would like more details about this proposal Thanks Randy Page 305 of 410 Comment Submission to Planning Department July 30, 2022 Ann Welch RE: proposed build: 1251 KING ST E Application Number: OPA22/007/K/CD Application Type: Official Plan Amendment Application Summary: To permit an increased density on the subject lands which will support the Borden Street Major Transit Station area, C/R ZBA22/012/K/CD. Applicant: MHBC PLANNING Property Owner: KING SHELDON KITCHENER HOLDINGS INC, KING SHELDON KITCHENER HOLDINGS INC A Zoning By-law Amendment is being requested to maintain the existing High Intensity Mixed Use Corridor Zone (MU -3) and existing site specific regulations from 544R, but request the following site specific provisions to permit the proposed built form. 1. Seeking amendment to Section 55.2.1 to permit a maximum Floor Space Ratio of 7.94, whereas a maximum of 4.0 is permitted. 2. Seeking amendment to Section 55.2.1 to permit five residential units on the ground floor along the Charles Street East frontage. 3. Seeking Amendment to Section 6.1.2 a) to permit a parking ratio for Multiple Dwellings on properties within an MU -3 zone at 0.5 spaces per unit, whereas 1 space per unit is required for dwellings >51 sq.m. in size and 0.165 spaces per dwelling unit for units <51 sq.m. in size 4. Seeking an Amendment to Section 6.1.2 b) vi) c) to permit a visitor parking rate of 10% whereas 20% is required. 5. Seeking an Amendment to Section 6.1.2 a) to permit a retail, financial establishment, repair service, restaurant, personal service, health clinic/office and office parking ratio of zero for a plaza complex. Below is the section that I will address in my comments because I suspect that once the Floor Space Ratio has been addressed all the other amendments will self correct: 1. Seeking amendment to Section 55.2.1 to permit a maximum Floor Space Ratio of 7.94, whereas a maximum of 4.0 is permitted. The applicant is seeking to amend Section 55.2.1 of the Zoning By-law to permit a maximum Floor Space Ratio of 7.94. The increase to the Floor Space Ratio is appropriate as the site is located within a Major Transit Station Area and Mixed Use Corridor that is designated for intensification. Policy 3.C.2.3 of the Official Plan states that the City's primary intensification areas include the Urban Growth Centre (Downtown), Major Transit Station Areas, City Nodes and Urban Corridors. The Major Transit Station Area is a priority for intensification and is planned with additional densities to support the Light Rail Transit and Grand River Transit system. The proposed increase in density meets the intent of the Mixed Use Corridor designation as it plans for a mixed use development which will intensify the Major Transit Station Area and support the public infrastructure. In summary, the proposed Official Plan and Zoning By-law Amendments are consistent with the Provincial Policy Statement. Written comments on planning application: 1251 King St E Kitchener, On Page 1 Page 306 of 410 Background: Original concept promoted by VIVE at the virtual open house 0 The proposed tower in the sky community development intensifies and supports the King Street corridor as an important thoroughfare that reinforces the street and will provide beautiful vistas to vast surrounding landscape, while the town homes along Charles add a diversity of housing typology. By carefully placing the principal building parallel to King Street, most residents will enjoy views of the surround landscape such as Stanley Park Conservation Area and the Rockway Golf Course. VINO STREET EAST CHARLES STREET EAST -- TCROUND / XINC ST LVL ^ $„” JULY 20 STATS Original Concept TOTAL CARS 215 _ TOTAL LIMS M PSM 4 T14. 7.94 6.11 U1+1T5 FSR. 7,15 PARXEiGRATP 0.61 v I v C Note there appears to be an adding error as 322 plus 9 TH should be 341 units not the stated 441 units Written comments on planning application: 1251 King St E Kitchener, On Page 2 Page 307 of 410 Original Concept Updated Concept Changes Floor Space Ratio 7.15 7.94 Increased FSR Units 332 plus 9 townhomes 361 plus 5 townhomes Increased 341 to 372 units Parking .61 per unit .5 per unit decreased Townhomes 9 — 3 bedroom 5 — 2 bedroom? decreased Written comments on planning application: 1251 King St E Kitchener, On Page 2 Page 307 of 410 It appear that each time VIVE makes changes to a proposed design they double down, pushing the limits of their "ask" for zoning changes. In this proposal going from a 7.15 FSR to a 7.94, almost double the 4 FSR that is current allowed for the property in question. This style of how VIVE does business was first seen in the concept for their property at 926 King Street East going from a permitted building height of 19.5m to 32m dwarfing the neighbourhood properties. And then adding insult to injury using the Committee of Adjustments for exemptions instead of the proper root of requesting a zoning change. 926-936 King Street East (VIVE Developments) Staff Response:' Contrary to the submission, a 10 storey building height will not provide the flexibility of the property at 926-936 King Street East to achieve a FSR of 4.0. The concept plan, that was considered at the pre -submission in September of 2019, did not demonstrate that a 4.0 FSR could be achieved on the site by permitting a maximum building height of 10 storeys. In actual fact, the concept plan that was submitted suggests that in order to try and achieve a maximum FSR of 4.0 an incompatible building height and inappropriate transition from the adjacent low- rise residential neighbourhood, which is also cultural heritage landscape, would result. Another oddity observation is VIVE's push to have 2 towers on all their proposed projects. One of the first things I remember about the neighbourhood virtual open house for 1668 King Street East was Mr. Litt announcing very boldly that there was "no height restrictions" but he would restrict this proposed build to two towers of 23 stories each. Only later during my investigation did I find out that there was indeed a "height restriction" based on Floor Space Ratio (FSR). If the property was large enough, he could build his towers but according to this Zoning Amendment Request, his property is not, if fact this build is approaching twice the FSR at 7.2. The fact that the MIX -4 zone does not have a maximum building height is being put forward in the submissions, by both the development industry and the community, that this means this zone has "unlimited" height. It does not. A development's maximum building height in the MIX -4 zone would be limited by the amount of building floor area that would be permitted by the lot area and the arrangement of this building floor area on the lot based on the MIX -4's setback requirements from lot lines, including the setbacks from low rise residential zones. No maximum building height in the MIX -4 zone does not mean unlimited height and that an FSR of 8.0, 10, or 12.0 is justified and appropriate During a virtual meeting with VIVE for their proposed 30 story build at 1001 King St E, Mr. Litt stated that he was designing the garage structure next to the tower in such a manner that at some point, and 1 Planning Staff Responds to Written and Verbal Submissions received 'Before', 'At' and 'After' the Statutory Public Meeting held on December 9, 2019 to consider Official Plan Amendment OPA19/004/COK/TMW and Zoning By-law Amendment ZBA19/010/COK/TMW (Neighbourhood Planning Review Project) Page 387 z Planning Staff Responds to Written and Verbal Submissions received 'Before', 'At' and 'After' the Statutory Public Meeting held on December 9, 2019 to consider Official Plan Amendment OPA19/004/COK/TMW and Zoning By-law Amendment ZBA19/010/COK/TMW (Neighbourhood Planning Review Project) page: 415 Written comments on planning application: 1251 King St E Kitchener, On Page 3 Page 308 of 410 if/when the adjacent land becomes available, he would finish that structure as a second residential tower. Because of this pattern it raises concern as to what Mr. Litt is really planning for the adjoining 8 story building behind the 24 story building at 1251 King St E? Will it be built in a manner that at some future time it can be increased in height to match the first tower? VIVE's Justification for Zoning Change: The site is well located for intensification, being in such close proximity to a number of transit options, accessible to the downtown core area, and many amenities within walking distance or transit routes. The mixed use building proposes a total of 372 units The proposed development intends to provide intensification in the form of a mixed use development within a planned major transit station area at a Floor Space Ratio of 7.94. Estimated Density the total people and jobs per hectare on this site is planned at 1622.29 people and jobs per hectare, including 658 residents and 14 jobs. (4008.77 people per acre) The building mass along the Charles Street East frontage is planned at 8 storeys in height, with the base of the building broken up by the two storey towns offering a pedestrian friendly character along the street frontage with individual entrances to each unit. The subject lands represent an underutilized property in the King Street East Neighbourhood and are designed as Mixed Use Corridor allowing for multiple residential and non-residential uses with a maximum Floor Space Ration (FSR) of 4.0. The Secondary Plan policies balance the protection of existing lower density residential enlaces with redevelopment opportunities along King Street East through the introduction of the Mixed Use Corridor which serves as the focus for higher density redevelopment. The subject lands are located adjacent a Regional road and are sufficiently separated from the interior of the neighbourhood and established residential land use.' Response: Building Height 24 story 75.5m (247.70 feet) verses the 1.5 and 2 story family homes of 6m (20ft). Maximum Floor Space Ratio 4 requesting 7.94 The site is planned at 1622.29 people and jobs per hectare, including 658 residents and 14 jobs. During the preparation of the PARTS Plans, Planning staff determined that each of the MTSA boundaries could achieve, and in some cases exceed, the minimum density target of 160 residents and jobs per hectare, based on the maximum FSRs in the base zones in Zoning -By- law 85-1. With the proposed increases in the FSRs in the new MIX base zones, there is no issue with being able to meet and exceed this target.° 3 1.3 King Street East Neighbourhood https://app2.kitchener.ca/AppDocs/0penData/AMANDADataSets/656105 Urban%20Design%2OBrief pdf 4 Planning Staff Responds to Written and Verbal Submissions received 'Before', 'At' and 'After' the Statutory Public Meeting held on December 9, 2019 to consider Official Plan Amendment OPA19/004/COK/TMW and Zoning By-law Amendment ZBA19/010/COK/TMW (Neighbourhood Planning Review Project) Page 315 Written comments on planning application: 1251 King St E Kitchener, On Page 4 Page 309 of 410 Common words used in VIVE's justification is "intensification" and "high density" but also state in the conclusion that the height of the building will "Celebrate the views of the Rockway Golf Course and Stanley Park Conservation Areai' but at what cost to the neighbouring properties? VIVE's Planning Justification Report Official Plan Amendment & Zoning By -Law Amendment 3.2 Community Benefits: The proposed 372 rental units will add to the much needed supply of rental units in the City of Kitchener. The rental units will be provided at attainable rental rates. A variety of unit types are provided for various family and independent living situations in the form of studio, one - bedroom and two-bedroom units.6 5.1 Provincial Policy Statement (2020) Sectionsl.4 and 1.6 of the PPS direct municipalities to provide for an appropriate range and mix of housing options and densities required to meet projected requirements of current and future residents of the regional market area. This includes providing a range of housing forms, and all forms of residential intensification, directing new housing development towards areas with appropriate levels of infrastructure and public service facilities, and promoting densities that efficiently use land, resources and infrastructure and support active transportation and transit and also utilize existing infrastructure. Section 1.8.1 of the PPS promotes development that is compact in form along transit corridors, and encourages and makes use of active transportation and transit facilities.' "In summary, the proposed Official Plan and Zoning By-law Amendments are consistent with the Provincial Policy Statement."8 5.2 Provincial Policy Framework — A Place to Grow — Growth Plan (2020) - Growth Plan for the Greater Golden Horseshoe The Growth Plan is guided by the principles of: supporting the achievement of complete communities; intensification and higher densities to make efficient use of land and infrastructure and support transit viability; capitalizing on new economic and employment opportunities while providing certainty for traditional industries; supporting a range and mix of housing options; improving the integration of land use planning with investment in nfrastructure and public service facilities; managing growth; conserving and promoting cultural heritage; protecting and enhancing natural heritage and agriculture; and integrating climate change considerations into planning and managing growth. In summary, the proposed Official Plan and Zoning By-law Amendments conform to the Growth Plan for the Greater Golden Horseshoe.9 6 4.5 Conclusion https://app2.kitchener.ca/AppDocs/OpenData/AMANDADataSets/656105 Urban%20Design%20Brief. pdf 6 3.2 Community Benefit page 8 https://app2.kitchener.ca/AppDocs/OpenData/AMAN DADataSets/656105_Planning%2OJustification%2OReport.pdf 7 PLANNING JUSTIFICATION REPORT OFFICIAL PLAN AMENDMENT & ZONING BY-LAW AMENDMENT: 5.1 Provincial Policy Statement (2020) page 24 https:Ha pp2.kitchener.ca/AppDocs/Open Data/AMAN DADataSets/656105_Planning% 2OJustification%2OReport.pdf S PLANNING JUSTIFICATION REPORT OFFICIAL PLAN AMENDMENT & ZONING BY-LAW AMENDMENT: 5.1 Provincial Policy Statement (2020) page 25 https://a pp2.kitchen er.ca/AppDocs/Open Data/AMAN DADataSets/656105_Planning%201ustif ication%20Report.pdf 9 PLANNING JUSTIFICATION REPORT OFFICIAL PLAN AMENDMENT & ZONING BY-LAW AMENDMENT: 5.1 Provincial Policy Statement (2020) page 26 https:Happ2.kitchener.ca/APDDocs/OpenData/AMANDADataSets/656105 Plannin 'Yo20Justification%20Report.pdf Written comments on planning application: 1251 King St E Kitchener, On Page 5 Page 310 of 410 5.3 Overview of the Regional Official Plan The policy states that most of the Region's future growth should be directed to Urban Growth Centres, Major Transit Station Areas, Reurbanization Corridors, Major Local Nodes and Urban Designated Greenfield areas. Generally, these areas should create a more compact urban form. In summary, the proposed development conforms to the Region of Waterloo Official Plan.10 5.4 City of Kitchener Official Plan The majority of the residential growth in the Built -Up area is encouraged in the intensification areas. The proposed 372 residential units will contribute to the Region's residential intensification target. In our opinion, the proposed development will conform to the 2014 City of Kitchener Official Plan and King Street East Secondary Plan, and the proposed density that is appropriate for this MTSA and will help achieve the Region's intensification targets." Surprised that VIVE's proposed project claimed to be meeting all level of government intensification targets I looked to how the province define "intensification" in the "Provincial Policy Statement" and nowhere did I come across the suggested that they were calling for "sky towers" instead they define it as higher density than currently exists and opening up land that wasn't being used for residential. Intensification 12: means the development of a property, site or area at a higher density than currently exists through: a) redevelopment, including the reuse of brownfield sites; b) the development of vacant and/or underutilized lots within previously developed areas; c) infill development; and d) the expansion or conversion of existing buildings. Residential intensification 13: means intensification of a property, site or area which results in a net increase in residential units or accommodation and includes: a) redevelopment, including the redevelopment of brownfield sites; b) the development of vacant or underutilized lots within previously developed areas; c) infill development; d) development and introduction of new housing options within previously developed areas; e) the conversion or expansion of existing industrial, commercial and institutional buildings for residential use; and f) the conversion or expansion of existing residential buildings to create new residential units or accommodation, including accessory apartments, additional residential units, rooming houses, and other housing options. to PLANNING JUSTIFICATION REPORT OFFICIAL PLAN AMENDMENT & ZONING BY-LAW AMENDMENT: 5.1 Provincial Policy Statement (2020) page 29 https:Happ2.kitchener.ca/AppDocs/OpenData/AMANDADataSets/656105 Planning%20Justification%20Report.pdf 11 PLANNING JUSTIFICATION REPORT OFFICIAL PLAN AMENDMENT & ZONING BY-LAW AMENDMENT: 5.1 Provincial Policy Statement (2020) page 35 https:Happ2.kitchener.ca/AppDocs/OpenData/AMANDADataSets/656105 Planning%20Justification%20Report.pdf lz Page 45 Provincial Policy Statement, 2020 https://files.ontario.ca/mmah-provincial-policy-statement-2020-accessible-final- en-2020-02-14.pdf 13 Page 50 Provincial Policy Statement, 2020 https://files.ontario.ca/mmah-provincial-policy-statement-2020-accessible final en-2020-02-14.pdf Written comments on planning application: 1251 King St E Kitchener, On Page 6 Page 311 of 410 From the law office of Denton: What's changing? The Provincial Policy Statement, 2020 The province attempts to incentivize the building of a variety of housing types to increase Ontario's available housing. It is also encouraging residential intensification within previously developed areas. The province revised the definition of residential intensification to include new housing options within previously developed areas. Included are a range of housing types, such as multiplexes, additional residential units, tiny homes and multi -residential buildings. Housing options can also refer to a variety of housing arrangements and forms, such as, but not limited to, life lease housing, co -ownership housing, co-operative housing, community land trusts, land lease community homes, affordable housing, housing for people with special needs, and housing related to employment, institutional or educational uses. These changes are made in an effort to increase the province's available housing supply by incentivizing the building of a variety of housing types, to encourage options to meet projected market-based and affordable housing needs. 14 City of Cornwall understanding of the PPS: According to the PPS, the definition of housing options relates to a range of housing types such as, but not limited to single detached, semi-detached, rowhouses, townhouses, stacked townhouses, multiplexes, additional residential units, tiny homes and multi -residential buildings. The term would also refer to different housing arrangements such as life lease housing, co - ownership housing, co-operative housing, land -lease community homes, affordable housing and housing for people with special needs, to name a few." VIVE promotes their rental units as "attainable housing" which is not necessarily "affordable housing" What Is Attainable Housing? 16 Attainable housing is housing that is affordable to people earning around the Area Median Income (AMI). Households living in attainable housing and earning between 80% and 120% of the AMI should not need to spend more than 30% of their income on housing costs. Attainable housing is housing that is affordable to those earning the Area Median Income, meaning they need to spend no more than 30% of their income on their home. StatsCan reports household incomes in Waterloo Region up almost 10 per cent over five years after stalling when manufacturing jobs melted away17. The median household income in the region in 2020 was $92,000. Low and moderate income households means 18: a) In the case of ownership housing, households with incomes in the lowest 60 percent of the income distribution for the regional market area; or b) In the case of rental housing, households with incomes in the lowest 60 percent of the income distribution for renter households for the regional market area. 14 https://www.dentons.com/en/insights/articles/2020/march/9/whats-changing-the-provincial-policy-statement-2020 15 https://www.standard-freeholder.com/news/local-news/new-provincial-policy-statement-couId-mea n-more-housing- options-for-cornwall 16 https://www.attainablehome.com/what-attainable-housing-means-vs-affordable/ 17 https://www.therecord.com/news/waterloo-region/2022/07/13/waterloo-region-claws its way back to prosperity-but-more-headwinds-emerge.htm1 18 Page 45 Provincial Policy Statement, 2020 https:Hfiles.ontario.ca/mmah-provincial-policv-statement-2020- accessible-final-en-2020-02-14. pdf Written comments on planning application: 1251 King St E Kitchener, On Page 7 Page 312 of 410 The Public Debate: Seven reasons too many highrise towers are bad for you19 - Luisa D'Amato Record Columnist July 8, 2022 (Architect John MacDonald has a warning for us, and says we need to plan for something other than highrise towers downtown) "It's a landscape of investment, not a community," says MacDonald. • They're bad for our sense of community. The view from the 18th floor may be stunning, but "living on the 18th floor is a kind of abstraction. You can't lean out the window and shout at Jerry" (or whoever), said MacDonald. "The view is very static." • They're not built on a human scale. "You become lost and engulfed in glass and steel canyons, which can be isolating and dehumanizing." • They create what MacDonald calls a "monoculture" because they're mostly built for just one kind of person. "A Millennial stereotyped tech worker? We have a box for you in the condo tower to rent from an investor," • They're bad for our physical and mental health. Children and the elderly are less likely to go outside for the exercise they need. • They aren't good for the environment. They're built of glass and concrete, which produce a lot of greenhouse gases just to manufacture. • Highrise construction goes hand in hand with inflated land prices. Inflated land prices make it harder for affordable housing and historic buildings nearby to survive. They also perpetuate more skyscrapers. • Highrises have helped create a polarized choice of types of home, between tiny apartments in downtown towers, or single-family suburban homes in the outlying areas, and little in between. High land prices make it very difficult to build the "missing middle" of lower -scale apartment buildings, and that means less diversity of households and income. Supporters of proposed regional growth plan urge councillors to vote in favour20 - The Record July 27, 2022 The region wants to see more "missing middle" housing such as three- to four -storey walk- ups and stacked housing developments to address a provincewide housing affordability crisis. Kitchener councillors getting pushback from groups who want more single-family homes21 - The Record July 25, 2022 Residents also told regional councillors they wanted to see more "missing middle" housing such as three- to four -storey walk-ups and stacked townhouse developments to address a provincewide housing affordability crisis. 19 https://www.therecord.com/news/waterloo-region/opinion/2022/07/08/seven-reasons-too-many-highrise-towers-are-bad- for-yo u. htm I 20 https://www.therecord.com/news/waterloo-region/2022/07/27/supporters-of-proposed-regional-growth-plan-urge- councillors-to-vote-in-favour.htmI 21 https://www.therecord. co m/news/waterloo- regi on/2022/07/25/kitchener-councillors-getting-pushback-from-groups-who- want-more-single-family-homes.htmI Written comments on planning application: 1251 King St E Kitchener, On Page 8 Page 313 of 410 Condos and the climate: crisis, what crisis?22 —The Record June 18, 2022 "It means you have to make these choices in North America between a 30 - storey tower or sprawl, which is a completely artificial choice," said Straube. "I don't think we have explored these options that have historically been much more prudent solutions, which are four, five, six storeys built right up to a wide sidewalk, where people on the top floor can still shout down to people on the street to stay in contact with the street," John Straube, teaches at the University of Waterloo School of architecture and is a leading expert on building exteriors. Council rejects three -tower development proposed for Victoria and Park streets in Kitchener 23 — The Record June 21, 2022 "I wouldn't be afraid of the OLT. I can't support this proposal," said Coun. Debbie "These buildings will shape us for many, many decades, and I fear they will shape us for the worse," said John MacDonald. "Why is tower and sprawl the choice we champion?' Larger builds lead to less -livable cities24 —The Record February 21, 2022 Dismantling urban design protections such as setbacks, stepbacks, and shadowing guidelines is a terrible idea. While it may result in larger builds, it won't result in more livable cities. Design protections preserve the function, esthetics, and environmental health of cities. If we build dense, poorly designed cities, bereft of sunlight and open space, everyone who can leave, will. Those who can't leave, like houseplants in a dark corner, will suffer reduced physical and mental health. University of Waterloo scholars aim to solve housing puzzle: Where are the family apartments?" -The Record June 23, 2022 Rail transit planners imagined the Ion system would help transform neighbourhoods into 'urban villages' filled with family -friendly housing including three-bedroom apartments in buildings that do not tower above the street. I was quite surprised that little to no three-bedroom, intensified housing emerged anywhere along that LRT line," Parker said. zz https://www.therecord.com/news/waterloo-region/2022/06/18/waterloo-region-condos-and-the-climate-crisis-what- crisis.html 23 https://www.therecord.com/news/waterloo-region/2022/06/21/council-rejects-three-tower-development-proposed-for- victoria-and-park-streets-in-kitchener.html?li source=Ll&li_medium=rec_web_ymbii _ymbH24https://www.therecord-com/opinion builds lead to less livable aties html zs https://www.therecord.com/news/waterloo-region/2022/06/22/university-of-waterloo-scholars-aim-to-solve-housing- puzzle-where-are-the-family-apartments.html Written comments on planning application: 1251 King St E Kitchener, On Page 9 Page 314 of 410 "It's up to citizens to preserve their mature neighbourhoods"Z6 - The Record January 21, 2022 "Other neighbours' commitment to oppose this development took nine months and thousands of dollars. We fought for the integrity of the neighbourhood, all the way to the Ontario Land Tribunal. As homeowners with pride in our distinct neighbourhood, we were treated as underdogs by the city. Can we count on the city to protect these neighbourhoods? When it bumps into policies favouring intensification, don't count on their support." Hysterical NIMBYism isn't driving opponents of Belmont Village development27 - The Record January 21, 2022 "Luxury condos are not needed in Belmont Village, but affordable family housing, rental options, and green space development would be enthusiastically welcomed. That the applicant and institutional enablers refuse to address these needs, choosing instead to ignore or misrepresent residents' legitimate objections, speaks to the tacit NIMBYism inherent in profit -driven planning. This, however, is conspicuously absent from the public discourse. Such analysis, it would seem, is too long and complex a conversation to have." Lack of Diversity in housing - The Record Jan. 11, 2022 "Townhomes we just launched this week, for 10 units we had 1,500 people sign up showing interest," said Geoff McMurdo, chief administrative officer at Activa. By the time the list had been whittled down to serious buyers, it still had a whopping 750 names on it.28 Conclusion: I find it disappointed that VIVE feels that the "view from the top" is more important than blending/transitioning with the existing neighbourhood. Never once has a plan been design even close to fitting the current zoning, instead it was revised larger. I am not opposed to this and other site being developed into much needed housing but why does it have to always be a "sky tower" when there are so many diverse options in demand? Profit! If this proposed build is held to a FSR of 4, like it should be, VIVE still has the option of going tall or going wide but does not have the option to do both like they are proposing. If they feel that this is not economically feasible, then that is on them. It is not the responsibility of the taxpayers to fix bad business decisions. 26 https://therecordepaper.pressreader.com/waterloo-region-record/20220121/textview 27 https://www.therecord.com/opinion/letters-to-the-editors/2022/01/21/hysterical-nimbyism-isnt-driving opponents of belmont-village-development.html letter to editor 28 https://www.therecord.com/news/waterloo-region/2022/01/11/bizarre-housing-market-1500-people-sign up to buy 10 new-townhomes-in-cambridee.htmI Written comments on planning application: 1251 King St E Kitchener, On Page 10 Page 315 of 410 Craig Dumart From: Craig Dumart Sent: Tuesday, August 2, 2022 10:57 AM To: 'Mary Groh' Subject: RE: Suggestion for the 1251-1253 King St. E. development Thank you for providing comments. I hope you are able to join us at the upcoming Neighbourhood meeting August 25th to further discuss the proposed development. Please let me know if you need the Zoom link if you have not received it already. Have a great day. Craig Dumart, BES, MCIP, IPP Senior Planner I Planning Division I City of Kitchener (519) 741-2200 ext 7073 1 TTY 1-866-969-9994 1 craig.dumart(o)kitchener.ca From: Mary Groh > Sent: Friday, July 29, 2022 7:57 PM To: Craig Dumart <Craig.Dumart@kitchener.ca> Subject: Suggestion for the 1251-1253 King St. E. development You don't often get email frorr ;. Learn why this is important To Senior Planner: Since you asked for comments on the huge projected development, please take into account that there is no grocery store near King and Sheldon. I live at Eastwood Community across from the Rockway Senior Centre; I do not drive, so accessing groceries is not convenient. I can walk 25 minutes to FreshCo on Weber st. I can take the No. 7 bus to Central Fresh near Waterloo and get my groceries home by bus. The No. 7 bus no longer goes to the plaza on Weber where there is a Zehrs supermarket. To get to it by the No. 8 bus is rather inconvenient and rather unsafe as there is neither a bus shelter nor traffic light nearby and Weber Street is busy with traffic speeding up the hill and around a curve at Jackson. It is dangerous for seniors with bags of groceries to cross. The hundreds of people who will move into your new building would benefit from a grocery store, as would hundreds more in the surrounding food desert. I hope you can attract a supermarket to locate there. Please try. Mary Groh Page 316 of 410 Craig Dumart From: Carlos Sanchez Sent: Monday, September 19, 2022 10:14 AM To: Craig Dumart Subject: Questions about application number ZBA22/012/K/CD You don't often get email from am why this is important Hi good morning This is for asking some information about this project from the owner King Sheldon Kitchener Holdings Inc, concerning the planning of a new building in this area. Since I'm potentially looking to make an offer for a property in front of this project (7 Sheldon avenue), I'm concerned about the status of this and when the project can possibly start the construction stage? Can I expect this to happen in the near future? Thankyou Carlos Sanchez Page 317 of 410 Craig Dumart From: Robert App Sent: Monday, August 22, 2022 8:19 PM To: Craig Dumart Cc: Debbie Chapman Subject: 1251 King St. E. Proposed Development My wife and I live at and we formally object to the proposed development of a 24 story condominium complex at 1251 King St. E. at King E. and Sheldon Ave. This development would be against the existing zoning and is completely out of tune with the existing neighbourhood which consists of a few low rise apartment and condo buildings and well kept older homes with some small commercial developments. All of the existing condos and apartments have adequate owner/renter parking and include visitor parking. King Street in this area is two lanes with a few very short turn lanes, unfortunately we have not been able to obtain recent traffic counts but the King is a main access to Hwy 401 and is packed at rush hour. The proposed development has 372 residential units wth first floor commercial or other use. Off street parking is limited to 178 spaces; after deducting 20 spaces for visitor parking the available tenant parking would be only 158 or about 0.4 spaces per unit. Then commercial and employee parking will be needed for the mixd use portion of the proposal. We believe that this is a ridiculously low number of spaces for tenants and could lead to tenants parking in public areas such as at the nearby Rockway Centre, in private lots or on side streets. The King Street E. watermain is a 12" which would appear to have adequate supply and pressure but could quickly become inadequate if these higher density buildings proliferate on King Street East. Currently many high density buildings are already under construction on the opposite side of Ottawa Street and will further increase the burden on services. Public transit for the proposed development consists of local bus service along with the nearest LRT station at Ottawa S.and Charles E. St. a few blocks from the proposed development; close but so far in bad weather. Taxi service and Uber and other services are available but will all contribute to increased traffic on King, Charles and Sheldon. Charles is a main access to Rockway Gardens and the area streets are already very busy. In summary we believe that this proposed development is inappropriate and in fact bad planning due to : 1) Being completely out of character with the neighbourhood this side of Ottawa St., 2) Non compliance with the existing zoning by-law, 3) Inadequate on site parking and open space with huge increase in density, 4) Location on King St. E. which is only two lanes and Charles which is main access to Rockway Gardens, 5) Lack of space on King St. for adequate turning lanes and traffic control, 6) May threaten the Future of the Rockway Centre which is a key gathering point in the area, 7) Future servicing costs will probably be substantial but are a huge unknown Questions : 1) Are there similar high density buildings in the area this side of Ottawa St. with applications before the planning committee? 2) What are current traffic counts on King St. and Charles and what are their projected capacity now? 3) Is the storm and sanitary systems in the area adequate for this and other developments? 4) Is the transit authority aware of traffic increases on King and Charles? 5) Have fire, ambulance and educational authorities commented services commented positively on this development? 6) How will storm water management be handled for this sight? Page 318 of 410 Craig Dumart From: barb ortner Sent: Monday, August 1, 2022 12:40 PM To: Craig Dumart Subject: Development [You don't often get email from '_earn why this is important at https://aka.ms/LearnAboutSenderldentification ] Hello Craig Re : 1251-1253 King E & 16 Sheldon S I strongly object with above development due to height & number of units. This would greatly impact and cause traffic problems. Parking With HALF resident & no visitor spaces causing traffic problems. This will create too high density in our area. Please consider carefully the application for development. Thank you. Barb Ortner Sent from my iPhone Page 319 of 410