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PSI Agenda - 2022-12-12
Planning & Strategic Initiatives Committee Agenda Monday, December 12, 2022, 3:00 p.m. - 9:00 p.m. Council Chambers - Hybrid City of Kitchener 200 King Street W, Kitchener, ON N2G 4G7 People interested in participating in this meeting can register online using the delegation registration form at www.kitchener.ca/delegation or via email at delegation(a)kitchener.ca. Please refer to the delegation section on the agenda below for in-person registration and electronic participation deadlines. Written comments received will be circulated prior to the meeting and will form part of the public record. The meeting live -stream and archived videos are available at www.kitchener.ca/watchnow. *Accessible formats and communication supports are available upon request. If you require assistance to take part in a city meeting or event, please call 519-741-2345 or TTY 1-866-969-9994.* Chair: Councillor P. Singh Vice -Chair: Councillor D. Chapman Pages 1. MEETING PART ONE - 3:00 p.m. - 5:00 p.m. This meeting will recess at approximately 5:00 p.m. for Special Council 2. Commencement 3. Disclosure of Pecuniary Interest and the General Nature Thereof Members of Council and members of the City's local boards/committees are required to file a written statement when they have a conflict of interest. If a conflict is declared please visit www.kitchener.ca/conflict to submit your written form. 4. Consent Items The following matters are considered not to require debate and should be approved by one motion in accordance with the recommendation contained in each staff report. A majority vote is required to discuss any report listed as under this section. 5. Delegations Pursuant to Council's Procedural By-law, delegations are permitted to address the Committee for a maximum of five (5) minutes. All Delegations where possible are encouraged to register prior to the start of the meeting. For Delegates who are attending in-person, registration is permitted up to the start of the meeting. Delegates who are interested in attending virtually must register by 1: 00 p.m. on December 12, 2022, in order to participate electronically. 5.1 Item 6.1 - Rock Kam 5.2 Item 6.2 - Pierre Chauvin, MHBC Planning 5.3 Item 6.3 - Kate Wills, MHBC Planning 6. Discussion Items 6.1 Zoning By-law Amendment ZBA22/009/O/ES, 45 m 4 1257-1265 Ottawa Street South, DSD -2022- 461, DSD -2022-461 (Staff will provide a 5 -minute presentation on this matter.) 6.2 Draft Plan of Condominium (Vacant Land) - 20 m 67 30CDM-22217, 3241-3247 King Street East and 108 Cameo Drive, DSD -2022-462 (Staff will provide a 5 -minute presentation on this matter.) 6.3 Official Plan Amendment OPA22/011/D/CD, 40 m 128 Zoning By-law Amendment ZBA, 206-210 Duke Street and 46,50 Madison Avenue North, DSD - 2022 -448 (Staff will provide a 10 -minute presentation on this matter.) 6.4 Kitchener Growth Management Strategy 2022 15 m 200 Annual Monitoring Report, DSD -2022-410 (Staff will provide a 5 -minute presentation on this matter.) 7. Information Items 7.1 Quarterly Development Applications Update 2022 Q4, DSD -2022-483 222 8. MEETING PART TWO - Approximately 6:30 p.m. 9. Delegations Pursuant to Council's Procedural By-law, delegations are permitted to address the Committee for a maximum of five (5) minutes. All Delegations where possible are encouraged to register prior to the start of the meeting. For Delegates who are attending in-person, registration is permitted up to the start of the meeting. Delegates who are interested in attending virtually must register by 4: 00 p.m. on December 12, 2022, in order to participate electronically. 9.1 Item 10.1. - Pierre Chauvin, MHBC Planning Page 2 of 410 10. Public Hearing Matters under the Planning Act This is a formal public meeting to consider applications under the Planning Act. If a person or public body does not make oral or written submissions to the City of Kitchener before the proposed applications are considered, the person or public body may not be entitled to appeal the decision to the Ontario Land Tribunal and may not be added as a party to a hearing of an appeal before the Ontario Land Tribunal. 10.1 Official Plan Amendment OPA22/007/K/CD, 30 m 244 Zoning By-law Amendment ZBA, 1251 King Street East and 16 Sheldon Avenue South, DSD -2022-449 (Staff will provide a 5 -minute presentation on this matter.) 10.2 Official Plan Amendment OPA22/003/K/CD, 30 m 320 Zoning By-law Amendment ZBA, 4220 King Street East and 25 Sportsworld Crossing Road, DSD -2022-447 (Staff will provide a 5 -minute presentation on this matter.) 11. Information Items 11.1 None 12. Adjournment Mariah Blake Committee Administrator Page 3 of 410 Staff Report Development Services Department www.kitchener.ca REPORT TO: Planning and Strategic Initiatives Committee DATE OF MEETING: December 12, 2022 SUBMITTED BY: Garett Stevenson, Interim Director of Planning, 519-741-2200 ext. 7070 PREPARED BY: Eric Schneider, Senior Planner, 519-741-2200 ext. 7843 WARD(S) INVOLVED: Ward 6 DATE OF REPORT: November 15, 2022 REPORT NO.: DSD -2022-461 SUBJECT: 1257-1265 Ottawa Street South Zoning By-law Amendment Application ZBA22/009/0/ES Thor Dotsenko and Yuliya Dotsenko and 9474765 Canada Inc. RECOMMENDATION: That Zoning By-law Amendment Application ZBA22/009/0/ES requesting to amend Zoning By-law 85-1, for Thor Dotsenko and Yuliya Dotsenko and 9474765 Canada Inc. be approved in the form shown in the Proposed `Proposed By-law', and `Map No. V attached to Report DSD - 2022 -461 as Attachment `A'; and That Zoning By-law Amendment Application ZBA22/009/0/ES requesting to amend Zoning By-law 2019-051, for Thor Dotsenko and Yuliya Dotsenko and 9474765 Canada Inc. be approved in the form shown in the Proposed `Proposed By-law', and `Map No. 1' attached to Report DSD -2022-461 as Attachment `A'; and, That the Proposed By-law to amend Zoning By-law 2019-051, as amended shall have no force and effect against the subject lands until the date that all appeals relating to By-law 2022-040 (Comprehensive Review of the Zoning By-law (CRoZBy) Stage 2b — Applying New Residential Zones on Properties) in relation to the subject lands have been withdrawn or decided and any applicable appeal periods have expired; and further That in accordance with Planning Act Section 45 (1.3 & 1.4), applications for minor variances shall be permitted for lands subject to Zoning By-law Amendment Application ZBA22/009/0/ES. REPORT HIGHLIGHTS: The purpose of this report is to evaluate and provide a planning recommendation regarding a Zoning By-law Amendment application for the property located at 1257-1265 Ottawa Street South. It is Planning staff's recommendation that the Zoning By-law Amendment application be approved. The proposed application represents an opportunity to provide `missing middle' housing that addresses a need in our community. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 4of410 Community engagement included: o circulation of a preliminary notice to property owners within 240 metres of the subject site; o installation of a large billboard notice sign on the property; o follow up one-on-one correspondence with members of the public who responded to the circulation or saw the billboard sign; o notice advising of the statutory public meeting was circulated to all property owners within 240 metres of the subject site, and those who responded to the preliminary circulation, and o notice of the public meeting was published in The Record on November 18, 2022. This report supports the delivery of core services. EXECUTIVE SUMMARY: Planning Staff is recommending approval of the requested Zoning By-law Amendment application to: Change the zoning in Zoning By-law 85-1 from `Residential Three Zone (R-3)' to `Residential Six Zone (R-6)' with Special Regulation Provision 784R; Change the zoning in Zoning By-law 2019-051, currently under appeal, from `Low Rise Residential Two Zone (RES -2)' to `Low Rise Residential Five Zone (RES -5)' with Site - Specific Provision (354); Facilitate the construction of a 20 -unit multiple dwelling. BACKGROUND: The City of Kitchener has received an application for a Zoning By-law Amendment from Ihor Dotsenko and Yuliya Dotsenko and 9474765 Canada Inc. for a development concept that proposes a three-storey multiple dwelling building with twenty (20) residential units and twenty-three (23) surface parking spaces. The subject property is identified as `Community Areas' on the City's Urban Structure (Map 2 - City of Kitchener Official Plan) and designated as `Low Rise Residential' (Map 3 - City of Kitchener Official Plan). Site Context The subject lands are comprised of two lots addressed as 1257 and 1265 Ottawa Street South. The subject lands are on the south side of Ottawa Street South near the intersection of two Regional roads - Fischer Hallman Road and Ottawa Street South. The lot area of the subject site is approximately 0.2 hectares and the lot frontage is 40.8 metres. Each lot contains a single detached dwelling. The surrounding neighbourhood contains a mix of low-rise multiple dwellings, semi- detached, and single detached dwellings, and institutional uses. Page 5 of 410 Figure 1 — Existing Single Detached Dwelling at 1257 Ottawa Street South Figure 2 — Existing Single Detached Dwelling on Site at 1265 Ottawa Street South Page 6of410 P "6� J0 ¢ �5 , G¢ a X 5 SUBJECT :1 S�AREA �G aP4 Figure 3 - Location Map: 1257-1265 Ottawa Street South REPORT: The applicant is proposing to demolish the existing two (2) buildings on site, consolidate the properties together, and develop the subject property with a 3 -storey, 20 -unit multiple dwelling building. Twenty-three (23) surface parking spaces, including three visitor parking spaces and one barrier free parking space are proposed. Twenty (20) bicycle parking spaces, including fourteen (14) enclosed and secured spaces for residents, and six (6) short-term spaces on an outdoor bicycle rack, are proposed. Through the review and evaluation of this application, the development concept was slightly revised from its initial submission. The original concept proposed a smaller amenity space, and the parallel parking closer to the street with limited opportunity for landscape screening. The revised concept shifts the parallel parking spaces further from the street line in order to allow for greater opportunity for landscape screening of parking spaces. The revised concept includes improvements to the garbage truck turnaround area relocates the outdoor bicycle rack and shifts the access aisle for the barrier free space into the existing walkway area to allow for a larger and more functional amenity area. Page 7 of 410 Figure 4- Original Development Concept '71 LANDSCAFING PROROSED MULTIPLEDWELLI IG (3 STOkEY, 20 KNITS) NEW RTA10%ML BLILDING 249_4 wry OBC CUPFICAT10N P.2.2.0 F- 4.77 I 477 I 4.77 I 4.77 1 4. 7 x 2.4D EAD LANHFj'DS )A NG I I-IFjG 2: 4- J LI 17 23 FLANm L T T-'j -I-'T I - E L Figure 5- Revised Development Concept Page 8 of 410 Planning Analysis: Provincial Policy Statement, 2020 The Provincial Policy Statement (PPS) provides policy direction on matters of provincial interest related to land use planning and development. Section 1.4.3 (d) of the PPS promotes densities for new housing which efficiently use land, resources, infrastructure and public service facilities. The PPS sets out a policy framework for sustainable healthy, liveable and safe communities. The PPS promotes efficient development and land use patterns, as well as accommodating an appropriate mix of affordable and market-based residential dwelling types with other land uses, while supporting the environment, public health and safety. Provincial policies promote the integration of land use planning, growth management, transit -supportive development, intensification, and infrastructure planning to achieve cost-effective development patterns, optimization of transit investments, and standards to minimize land consumption and servicing costs. Planning staff is of the opinion that the proposed application will contribute to an appropriate mix of housing types within the context of the surrounding neighbourhood. The subject lands are within an existing neighbourhood with adequate servicing capacity, road network capacity, and other required infrastructure and therefore represents a cost-effective development pattern that minimized land consumption and servicing costs. Based on the above, staff is of the opinion that this proposal is in conformity with the PPS. A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 (Growth Plan): The Growth Plan supports the development of complete and compact communities that are designed to support healthy and active living, make efficient use of land and infrastructure, provide for a range and mix of housing types, jobs, and services, at densities and in locations which support transit viability and active transportation. Policy 2.2.6.1(a) Municipalities will support housing choice through the achievement of the minimum intensification and targets in this plan by identifying a diverse range and mix of housing options and densities, including additional residential units and affordable housing to meet projected needs of current and future residents. Policy 2.2.1.4(a) This plan will support the achievement of Complete Communities that feature a diverse mix of land uses, including residential and employment uses, and convenient access to local stores, services and public service facilities. The proposed development represents multiple dwelling residential, which will contribute to a greater mix of housing types in the neighbourhood. The existing neighbourhood is well served by local stores, services, and public service facilities such as a major commercial plaza (Sunrise Centre) on the corner of Fischer Hallman Road and Ottawa Street South, Windale Park, and the Laurentian Hydro Corridor Trail. Planning staff is of the opinion that the development proposal conforms to the Growth Plan. Regional Official Plan (ROP), 2010: Urban Area policies of the ROP identify that the focus of the Region's future growth will be within the Urban Area. The subject lands are designated Built -Up Area in the ROP. The proposed development conforms to Policy 2.D.1 of the ROP as this neighbourhood provides for the physical infrastructure and community infrastructure to support the proposed residential development, including transportation networks, municipal drinking -water supply and wastewater systems, and a broad range of social and public health services. Regional policies require the City to plan for a range of housing in terms of form, tenure, density and affordability to satisfy the various physical, social, Page 9 of 410 economic and personal support needs of current and future residents. Regional staff have indicated that they have no objections to the proposed applications (Attachment `C'). Planning staff are of the opinion that the application conforms to the Regional Official Plan. City of Kitchener Official Plan: Urban Structure The subject lands are identified as a `Community Areas' in the City's Urban Structure (Map 2). The planned function of Community Areas is to provide residential uses as well as non-residential supporting uses intended to serve the immediate residential areas. Community Areas may have limited intensification with development being sensitive and compatible with the character, form, and planned function of the surrounding context. Land Use Designation The subject lands are designated `Low Rise Residential' in the City's Official Plan (Map 3). Low Rise Residential areas are intended to accommodate a full range of low density housing types including single detached, semi-detached, townhouse, and low-rise multiple dwellings. The Low Rise Residential designation states that the City will encourage and support the mixing and integrating of innovative and different forms of housing to achieve and maintain a low-rise built form. No buildings shall exceed 3 storeys or 11 metres in height. No Official Plan amendment is required to implement the Zoning By-law Amendment application. Planning staff is of the opinion that the requested zoning by-law amendment will facilitate a housing form that conforms with the Low Rise Residential land use designation in the City's Official Plan. Transportation The City's Official Plan contains policies to develop, support, and maintain a complete, convenient, accessible and integrated transportation system that incorporates active transportation, public transit, and accommodates vehicular traffic. In regard to alternate modes of transportation, objectives of the Official Plan include promoting land use planning and development that is integrated and conducive to the efficient and effective operation of public transit, and encourages increased ridership of the public transit system. The City shall promote and encourage walking and cycling as safe and convenient modes of transportation. The proposed development aims to increase density on an existing site that is served well by public transit, with access to Grand River Transit Routes 2, 3, and iXpress Routes 201 and 205. The proposed development concept includes provision of safe, secure indoor bicycle storage to encourage active transportation. Staff is of the opinion that the requested zoning by-law amendment conforms with the transportation policies of the City's Official Plan. Urban Design The City is committed to achieving a high standard of urban design, architecture and place -making to positively contribute to quality of life, environmental viability and economic vitality. Urban design is a vital component of city planning and goes beyond the visual and aesthetic character of individual buildings and also considers the functionality and compatibility of development as a means of strengthening complete communities. Urban Design policies in the 2014 Official Plan support creating visually distinctive and identifiable places, structures and spaces that contribute to a strong sense of place and community pride, a distinct character and community focal points that promote and recognize excellence and innovation in architecture, urban design, sustainable building design and landscape design. The City will require high quality urban design in the review of all development applications through the implementation of the policies of the Official Plan and the City's Urban Design Manual. Page 10 of 410 The proposed development concept includes a 3 storey building that orients massing and unit entrances towards the street line along Ottawa Street South. Street fronting articulation includes at grade patios as well as second and third floor balconies. Barrier free connectivity throughout the site is provided through pedestrian walkways from the rear unit entrances alongside the building and in front of the street fronting units, both leading to the sidewalk on Ottawa Street South. On-site amenity area is achieved through at -grade passive amenity space at the rear of the building, as well as private unit balconies and at grade patios. Housing The City's primary objective with respect to housing in the Official Plan is to provide for an appropriate range, variety and mix of housing types and styles, densities, tenure and affordability to satisfy the varying housing needs of our community through all stages of life. This low rise multiple dwelling proposal is a "missing middle" housing type and provides an option that bridges the gap between high density residential towers and single detached dwellings. The proposed housing type is an important segment in Kitchener's housing continuum. Policy 4.C.1.9. Residential intensification and/or redevelopment within existing neighbourhoods will be designed to respect existing character. A high degree of sensitivity to surrounding context is important in considering compatibility. Policy 4.C.1.12. The City favours a land use pattern which mixes and disperses a full range of housing types and styles both across the city as a whole and within neighbourhoods. Policy 4.C.1.22: The City will encourage the provision of a range of innovative housing types and tenures such as rental housing, freehold ownership and condominium ownership including common element condominium, phased condominium and vacant land condominium, as a means of increasing housing choice and diversity. Based on the above housing policies, staff is of the opinion that the application conforms to the Official Plan. Policy Conclusion Planning staff are of the opinion that the proposed Zoning By-law amendment is consistent with policies of the Provincial Policy Statement, conforms to the Growth Plan for the Greater Golden Horseshoe, the Regional Official Plan and the City of Kitchener Official Plan, and represents good planning. Proposed Zoning By-law Amendment: The subject lands are currently zoned both in Zoning By-law 85-1 and Zoning By-law 2019-051 (currently under appeal). Changes to both By-laws are necessary as part of this Zoning By-law Amendment and are described separately below. Zoning By-law 85-1: The subject lands are currently zoned `Residential Three Zone (R-3)' in Zoning By-law 85-1. The applicant has requested to change the zoning to `Residential Six Zone (R-6)' and add a Special Regulation Provision (784R) in Zoning By-law 85-1. The requested change in zoning category is to permit the proposed use of a "Multiple Dwelling". Special Regulation Provision (784R) a. Permit a Floor Space Ratio of 0.63 b. Establish a Parking rate of 1.15 parking spaces per dwelling unit (1 per dwelling unit and 0.15 visitor parking spaces per dwelling unit) Page 11 of 410 Zonina By-law 2019-051 The subject lands are zoned `Low Rise Residential Two Zone (RES -2)' in Zoning By-law 2019-051 (currently under appeal). The applicant has requested to change the zoning to `Low Rise Residential Five Zone (RES -5)' and add a Site Specific Provision (354) in Zoning By-law 2019-051. The requested change in zoning category is to permit the proposed use of a "Multiple Dwelling". Site-Specicfic Provision (354) a. Permit a Floor Space Ratio of 0.63 Floor Space Ratio The maximum Floor Space Ratio in both Zoning By-laws is 0.6. Policy 15.D.3.11 of the Official Plan allows for increases up to 0.75 as follows: "15.D.3.11. A maximum Floor Space Ratio of 0.6 will apply to all development and redevelopment. Site-specific increases to allow up to a maximum Floor Space Ratio of 0.75 may be considered where it can be demonstrated that the increase in the Floor Space Ratio is compatible and meets the general intent of the policies in this Plan. An Official Plan Amendment will be required to consider an increase in the Floor Space Ratio greater than 0.75. " Increases in the Floor Space Ratio (FSR) between 0.6 and 0.75 require demonstration of compatibility and meeting the general intent of the policies of the Official Plan. Compatibility is defined in the Official Plan as: "Land uses and building forms that are mutually tolerant and capable of existing together in harmony within an area without causing unacceptable adverse effects, adverse environmental impacts or adverse impacts. Compatibility or compatible should not be narrowly interpreted to mean "the same as" or even as "being similar to." The existing surrounding neighbourhood is made up of a mix of low-rise housing types, including multiple dwellings. Directly across Ottawa Street South (25 Valleyview Road) is a 29 -unit townhome multiple dwelling development. The surrounding blocks also contain single and semi-detached dwellings. Most dwellings in the area are 1.5-3 storeys. Therefore, the proposed building at 3 storeys and 20 -units is similar to, and compatible with, the surrounding neighbourhood in the opinion of Planning Staff. Parking (Zoning By-law 85-1) The proposed parking rate meets the minimum required parking rate in Zoning By-law 2019-051 (1.15 spaces per unit). Therefore, a request for parking reduction is only required for Zoning By-law 85-1. The proposed rate of 1.15 spaces per unit would result in a total of twenty-three (23) parking spaces; twenty (20) spaces for residents and three (3) visitor spaces. In addition to vehicle parking spaces, the applicant is proposing ten (10) secured bicycle parking spaces, and six (6) outdoor short- term bicycle parking spaces. The location of the site is well served by existing public transit. Staff is of the opinion that the proposed complement of vehicle and bicycle storage on site is adequate and a full range of transportation options are available to future residents. Staff is of the opinion that the proposed rate of 1.15 parking spaces per dwelling unit as required in Zoning By-law 2019-051 is appropriate for this site. Page 12 of 410 Department and Agency Comments: Preliminary circulation of the Zoning By-law Amendment was undertaken on June 1, 2022 to applicable City departments and other review authorities. No major concerns were identified by any commenting City department or agency. Copies of the comments are found in Attachment "C" of this report. The following reports and studies were considered as part of this proposed Zoning By-law Amendment: • Planning Opinion Report Prepared by Patterson Planning Consultants Inc., April, 2022 • Urban Design Brief Prepared by Patterson Planning Consultants Inc., April, 2022 • Site Grading, Servicing, and Storm Water Management Report Prepared by Reinders and Law, January 31, 2022 • Site Concept Plan Prepared by Reinders and Law, December 5, 2021, Revised: October 21, 2022 • Tree Preservation/Enhancement Plan and Arborist Report Prepared by OMC Landscape Architecture, July 10, 2022 • Noise Study Prepared by JPE Engineering, January 28, 2022 • Salt Management Plan Prepared by Reinders and Law, January 29, 2022 Community Input and Staff Response: Staff received written responses from 13 residents with respect to the proposed development. These can be found in Attachment `D'. A summary of what we heard, and staff responses are noted below. What We Heard Staff Comment Traffic on Ottawa Street is already The intersection of Ottawa and Fischer Hallman is one of busy, this development will make it the busiest in the Region. The number of units for the worse proposed development is low and does not warrant a detailed traffic study. The addition of 20 units is not expected to have adverse impacts on traffic in the area. The development will result in forward egress onto Ottawa Street South, rather than the existing conditions of vehicle backing out of driveways. This development is too large for The proposed development will remain a low-rise this site residential use, which is permitted in the Low Rise Residential land use designation in the Official Plan. The scale and massing is compatible with the surrounding neighbourhood and the use is present in the surrouinding neighbourhood. Page 13 of 410 Privacy and rear parking lot Landscaped areas have been included between the parking area and abutting lands, to provide a buffer between the asphalt area and the property lines. Landscaping and a 1.8 metre (6 foot) high fence will help to screen the parking area. In regards to concerns about privacy, the rear facing balconies are located approximately 25 metres from the rear lot line, whereas the minimum is 7.5 metres. This will help to mitigate overlook concerns as they will be located 25 metres from the rear lot line and provide an approximate building separation of 46 metres from the abutting homes on Nine Pines Road. Garbage storage will become a Garbage storage has been detailed on site plan to include nuisance for adjacent neighbours deep well units. These units store waste deep underground and in a sealed container, presenting less nuisance issues such as wildlife foraging than traditional dumpster or roll out bins. The deep wells also provide for less frequent pick ups, resulting in less impact to adjacent properties. Water drainage is an issue and The proposed development would be required to install backyards on this block get flooded stormwater management infrastructure to collect in the spring rainwater and store on-site or discharge to municipal infrastructure. Parking on site and on -street The proposed parking on site meets the 2019 Zoning By - parking law rates and alternative modes of transportation is available in the area. On -Street parking is subject to City restrictions of 3 hours at a time, making it only viable for short term visits, not residential use. Planning Conclusions: In considering the foregoing, staff are supportive of the Zoning By-law amendment. Staff is of the opinion that the subject applications are consistent with policies of the Provincial Policy Statement, conform to Growth Plan for the Greater Golden Horseshoe, the Regional Official Plan, and the City of Kitchener Official Plan and represent good planning. Staff recommends that the application be approved. The proposed application represents an opportunity to provide `missing middle' housing that addresses a need in our community. STRATEGIC PLAN ALIGNMENT: The recommendation of this report supports the achievement of the City's strategic vision through the delivery of core service. FINANCIAL IMPLICATIONS: There are no financial implications associated with this recommendation. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Council / Committee meeting. A large billboard notice sign was posted on the property and information regarding the application was posted to the City's website. Following the initial circulation referenced below, an additional courtesy notice of the public meeting was circulated to all property Page 14 of 410 owners within 240 metres of the subject lands, those responding to the preliminary circulation and Notice of the Public Meeting was posted in the Waterloo Region Record on November 18, 2022 (a copy of the Notice may be found in Attachment `B'). CONSULT — The proposed Zoning By-law Amendment was originally circulated to property owners within 240 metres of the subject lands on June 1, 2022. In response to this circulation, staff received written responses from 12 residents, which are included in Attachment `D'. A Neighbourhood Meeting was held on November 8, 2022 and attended by approximately 10 residents. PREVIOUS REPORTS/AUTHORITIES: • Zoning By-law 85-1 • Zoning By-law 2019-051 • Official Plan, 2014 • Regional Official Plan, 2010 • Provincial Policy Statement, 2020 • Planning Act, 1990 • A Place to Grow Growth Plan, 2020 REVIEWED BY: Malone -Wright, Tina— Interim Manager of Development Review, Planning Division APPROVED BY: Justin Readman - General Manager, Development Services ATTACHMENTS: Attachment A — Proposed Zoning By-law Amendment Attachment B — Newspaper Notice Attachment C — Department and Agency Comments Attachment D — Neighbourhood Comments Attachment E — Concept Plan Page 15 of 410 follows: DSD -2022-461 Attachment "A" PROPOSED BY — LAW , 2022 BY-LAW NUMBER OF THE CORPORATION OF THE CITY OF KITCHENER (Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener — Ihor Dotsenko and Yuliya Dotsenko and 9474765 Canada Inc. — 1257 &1265 Ottawa Street South) WHEREAS it is deemed expedient to amend By-law 85-1 for the lands specified above; NOW THEREFORE the Council of the Corporation of the City of Kitchener enacts as Schedule Number 68 of Appendix "A" to By-law Number 85-1 is hereby amended by changing the zoning applicable to the parcel of land specified and illustrated as Area 1 on Map No. 1, in the City of Kitchener, attached hereto, from Residential Three Zone (R-3) to Residential Six Zone (R-6) with Special Regulation Provision 784R. 2. Appendix D of By-law 85-1 is hereby amended by adding Section 784R thereto as follows: 784. Notwithstanding Sections 6 and 40.2.6 of this By-law, the following regulations shall apply for a multiple dwelling: a) The maximum Floor Space Ratio (FSR) shall be 0.63. b) The minimum required parking shall be 1.15 spaces per dwelling unit." PASSED at the Council Chambers in the City of Kitchener this day of , 2022. Mayor Clerk Page 16 of 410 DSD -2022-461 Attachment "A" PROPOSED BY — LAW , 2022 BY-LAW NUMBER OF THE CORPORATION OF THE CITY OF KITCHENER (Being a by-law to amend By-law 2019-051, as amended, known as the Zoning By-law for the City of Kitchener — Ihor Dotsenko and Yuliya Dotsenko and 9474765 Canada Inc. — 1257 &1265 Ottawa Street South) WHEREAS it is deemed expedient to amend By-law 2019-051 for the lands specified above; NOW THEREFORE the Council of the Corporation of the City of Kitchener enacts as follows: 1. Zoning Grid Schedule Number 68 of Appendix "A" to By-law Number 2019-051 is hereby amended by changing the zoning applicable to the parcel of land specified and illustrated as Area 1 on Map No. 1, in the City of Kitchener, attached hereto, from Low Rise Residential Two Zone (RES -2) to Low Rise Residential Five Zone (RES -5) with Site Specific Provision (354). 2. Section 19 of By-law 2019-051 is hereby amended by adding Section 19 (354) thereto as follows: "354. Notwithstanding Table 7-6 of this By-law within the lands zoned RES -5 and shown as affected by this subsection on Zoning Grid Schedule Number 68 of Appendix `A', the following special regulations shall apply: a) The maximum Floor Space Ratio (FSR) shall be 0.63." 3. This amending By-law shall come into force on the day that By-law 2022-040 (Comprehensive Review of the Zoning By-law (CRoZBy) Stage 2b — Applying New Residential Zones on Properties) as it applies to the subject lands comes into effect. PASSED at the Council Chambers in the City of Kitchener this day of 2022. Mayor Clerk Page 17 of 410 �Z z w o < a O Z W o Z W � W � W N O Z N 0 Z p Of w w -o O W Q Q Z Lu ON W rj ON Z LL o E O 0 Lo Z W O d' NN a 0 I o� Q 0 0 N � w O z W (n W 2 O ♦- N O W Z Z N 0 Z } J J J J vJ o� Q O_ Q U O Q Q Q Q 00 O W ♦- J J U d U Z Z Z Z Z 3 U) _O N Q Q W Z Q U w z U W O W W W W J N d' � Q CD W af d W- U 0 LLI Z m� x Q O Q LLILLILLI(D U fn >L w o_ U_ COQ= w w wWOfOf Of Of W O g z N z a m U �_ O J U o x Q Qzw w w w wc00o_ z J o O N z W Q W W U �{i d' J O (n (n (n U) ZLLI Q a. 1- U d' w o f w O Q (� (�Nd d d w0a0 Z O m La a a Q W m Z Z X N O J U F- � U) U) °' Z = x z� �Zui 0Y- N U- w N Q 4%, (: LU af UJ O H N O w 0 Q m m w 0 0 O O J Z W z J .-. 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Date: December 12, 2022 Time: 3:00 p.m. Location: 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.kitchenenca/ Pla n n i ngAppl ications or contact: Multiple Floor Space 3 Storeys, Eric Schneider, Senior Planner Dwelling Ratio of 0.63 20 Units 519.741.2200 x 7843 eric.schneider@ kitchener.ca A Zoning By-law Amendment Application will be considered to facilitate the redevelopment of the site by proposing to remove the 2 existing single detached dwellings and replacing them with a 3 -storey multiple dwelling building having 20 dwelling units and a Floor Space Ratio (FSR) of 0.63 instead of 0.6. Page 20 of 410 Region of Waterloo Eric Schneider Senior Planner City of Kitchener 200 King Street West, 6th Floor P.O. Box 1118, Kitchener, ON N2G 4G7 Dear Mr. Schneider, PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES Community Planning 150 Frederick Street 8th Floor Kitchener Ontario N2G 4,13 Canada Telephone: 519-575-4400 TTY:519-575-4608 Fax: 519-575-4466 www.regionofwaterloo.ca Monika Oviedo 226-753-8303 File: ZBA 22/009/0/ES November 2, 2022 Re: Proposed Zoning By-law Amendment ZBA 22/009 1257-1265 Ottawa Street South Patterson Planning Consultants (C/O Scott Patterson) on behalf of Agrawal Real Estate Investments CITY OF KITCHENER Patterson Planning Consultants on behalf of Agrawal Real Estate Investments has submitted a Zoning By-law Amendment for a development proposal at 1257-1265 Ottawa Street South (subject lands) in the City of Kitchener. The proposed Zoning By-law Amendment is to rezone the subject lands from the Residential Three (R-3) Zone in Zoning By-law 85-1 and Low Rise Residential Two (RES -2) in Zoning By-law 2019-051 to Low Rise Residential Five (RES -5) in Zoning By- law 19-051. In addition, a site specific provision has been proposed to allow for an increased Floor Space Ratio (FSR) of 0.63 (whereas 0.6 is permitted). The effect of the Zoning By-law Amendment will see the demolition of two existing single detached dwellings and the construction of a three-storey building containing 20 residential units. Twenty-three vehicular parking spaces are proposed, including three visitor spaces and one barrier -free space. The Region has had the opportunity to review the proposal and offers the following: Document Number: 4213078 Version: 1 Page 21 of 410 Regional Comments Consistency with Provincial Legislation and Regional Official Plan Conformity The subject lands are designated "Urban Area" and "Built -Up Area" on Schedule 3a of the Regional Official Plan (ROP) and the site is designated Low Rise Residential in the City of Kitchener Official Plan. Regional staff understand that the proposal contributes to the density in the Built -Up Area. Within the Urban Area, the Region directs the majority of growth to the built up area through intensification. Focal points for intensification include the Region's Urban Growth Centers, Major Transit Station Areas, Reurbanization Corridors, Major Local Nodes and Urban Designated Greenfield Areas. These areas are planned to have a more compact form with a mix of employment, housing and services in close proximity of each other and higher frequency transit. Regional staff understand that the development proposal is located in the Built -Up Area of the City of Kitchener and that the proposed development will contribute to the minimum target for intensification established for the Built -Up Area within the A Place to Grow: Growth Plan for the Greater Golden Horseshoe and the Regional Official Plan. Hydrogeology and Source Water Protection Staff note that a provisional risk management plan has been negotiated for the development and that a valid Section 59 notice was issued on February 2, 2022. The Risk Management Officer has no further comments at this time. Corridor Management Transportation Noise Regional staff have reviewed the study entitled "Environmental Noise Study 1257-1265 Ottawa Street South, Kitchener, Ontario" dated January 28, 2022, by JPE Engineering. The report was prepared in support of the ZBA application 22/09 and accepted by Regional Staff. Based on the findings of the report it is determined that the development is feasible with the inclusion of various noise attenuation measures. The following recommendations of the noise study, pertaining to the transportation noise, will be required to be implemented through a registered agreement with the Region of Waterloo through a future condominium or consent application and site plan application: The developer agrees to implement the recommendations of the report "Environmental Noise Study Proposed Residential Development 1257-1265 Ottawa Street South, Kitchener" as prepared by JPE Engineering and further agrees that: Document Number: 4213078 Version: 1 Page 22 of 410 All Units: 1. All units in the proposed development will be installed with suitably sized and designed air -ducted heating and ventilation system; and will be installed with central air-conditioning, prior of building/occupancy permit. 2. The installation of central air conditioning systems and a double -glazed window and building construction meeting the minimum requirements of the Ontario Building Code (OBC) will provide adequate sound insulation for the proposed building and will exceed this requirement. 3. When detailed floor plans and building elevations are available for the suites along the Ottawa Street South, the glazing requirements shall be refined based on actual window to floor area ratios. 4. The following Noise Warning Clauses will be registered on title through a future development agreement with the Region of Waterloo and included in all Agreements of Purchase and Sale/Lease/Rental Agreements (and a Condominium declaration if applicable): "Purchasers/tenants are advised that despite the inclusion of noise control features in the development and within the building units, sound levels due to increasing road traffic may on occasions interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Municipality and the Ministry of the Environment. " "This unit has been supplied with a central air conditioning system which will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Region of Waterloo and the Ministry of the Environment." Further to the above, that prior to the issuance of any building/occupancy permits, the City of Kitchener's Building Inspector will certify that the noise attenuation measures are incorporated in the building plans and upon completion of construction, the City of Kitchener's Building Inspector will certify that the dwelling units have been constructed accordingly. Stationary Noise Regional staff have reviewed the stationary noise aspects of the study entitled "Environmental Noise Study 1257-1265 Ottawa Street South, Kitchener, Ontario" dated January 28, 2022, by JPE Engineering and have no objection to the Zoning By-law Amendment based on the findings of the report. The study determined that stationary noise sources requiring assessment included 20 HVAC units. The modeled results indicate predicted noise levels for the daytime and Document Number: 4213078 Version: 1 Page 23 of 410 nighttime periods are below the noise level limits of the MECP NPC -300 noise guideline for a Class 1 acoustical environment at off-site points of reception. No mitigation is required to protect off-site receivers. With respect to impact of on-site noise sources on on-site receptors, the report notes the individual HVAC units will be located on the balconies of each unit, with each balcony separated by a wall or balcony wall thus HVAC units being screened acoustically from neighbouring residential units shall be implemented at the Site Plan Stage. The report notes that the proposed HVAC units are specifically designed to be located on the exterior of residential units. It concludes that the HVAC units are acceptable from a noise perspective and no mitigation is required. Notwithstanding these conclusions, please be advised that the MECP NPC -216 guidelines apply to residential units in this case. In reviewing aerial imagery, there does not appear to be any noise sources of potential impact from off-site noise sources on on-site sensitive receptors. No further assessment is required from off-site noise sources. Based on the above, Regional staff are satisfied with the stationary noise components of the study and no further mitigation for stationary noise is required. Water Services Staff note that the property is serviced by two existing legacy connections to the Regional 450mm Zone 5 watermain on Ottawa Street South. Typically, services of Regional watermains are not permitted. However, future Region Transportation Capital Project 5796 will include the replacement of the 4500mm Regional main with a local watermain. The project is currently scheduled for 2022-2023. If the proposed connections for this development occur prior to the local watermain installation, a temporary connection to the 450mm Regional watermain will be permitted. Housing Services The following Regional policies and initiatives support the development and maintenance of affordable housing: • Regional Strategic Plan o Objective 4.2 requires the Region to make affordable housing more available to individuals and families. • 10 -Year Housing and Homelessness Plan o contains an affordable housing target which is that 30% of all new residential development between 2019 and 2041 in Waterloo Region is to be affordable to low and moderate income households. • Building Better Futures Framework o shows how the Region plans to create 2,500 units of housing affordable to people with low to moderate incomes by 2025. • Region of Waterloo Official Plan Document Number: 4213078 Version: 1 Page 24 of 410 o Section 3.A (range and Mix of Housing) contains land use policies that ensure the provision of a full and diverse range and mix of permanent housing that is safe, affordable, of adequate size, and meets the accessibility requirements of all residents. The Region supports the provision of a full range of housing options, including affordable housing. Rent levels and house prices that are considered affordable according to the ROP are provided below in the section on affordability. Should this development application move forward, staff recommend that the applicant consider providing a number of affordable housing units on the site (affordable according to the ROP definition). In order for affordable housing to fulfill its purpose of being affordable to those who require rents or purchase prices lower than the regular market provides, a mechanism should be in place to ensure the units remain affordable and establish income levels of the households who can rent or own the homes. Staff further recommend meeting with Housing Services to discuss the proposal in more detail and to explore opportunities for partnerships or programs and mechanisms to support a defined level of affordability. Affordability For the purposes of evaluating the affordability of an ownership unit, based on the definition in the Regional Official Plan, the purchase price is compared to the least expensive of: Housing for which the purchase price results in annual accommodation costs which do not exceed 30 percent of gross $385,500 annual household income for low and moderate income households Housing for which the purchase price is at least 10 percent below the average $576,347 purchase price of a resale unit in the regional market area Based on the most recent information available from the PPS Housing Tables (2021). In order for an owned unit to be deemed affordable, the maximum affordable house price is $385,500. For the purposes of evaluating the affordability of a rental unit, based on the definition of affordable housing in the Regional Official Plan, the average rent is compared to the least expensive of: Document Number: 4213078 Version: 1 Page 25 of 410 A unit for which the rent does not exceed 30 per cent of the gross annual $1,470 household income for low and moderate income renter households A unit for which the rent is at or below the Bachelor: $950 average market rent (AMR) in the 1 -Bedroom: $1,134 regional market area 2 -Bedroom: $1,356 3 -Bedroom: $1,538 4+ Bedroom: $3,997 *Based on the most recent information available from the PPS Housing Tables (2021) In order for a rental unit to be deemed affordable, the average rent for the proposed units which have fewer than 3 bedrooms must be at or below the average market rent in the regional market area as shown above. For proposed units with three or more bedrooms, the average rent for the units must be below $1,470. Please do not hesitate to contact me directly by email at JMaanMiedema(cD-regionofwaterloo.ca should you have any questions or wish to discuss in more detail. Conclusions: Regional staff have no objection to Zoning By-law Amendment Application No. ZBA22/009. Implementation of the accepted noise mitigation measures shall be through a future Consent or Condominium Application and Site Plan Approval Application stage. General Comments and next steps Any future development on the lands subject to the above -noted application will be subject to the provisions of Regional Development Charge By-law 19-037 or any successor thereof. Further, please accept this letter as our request for a copy of the draft By-law and decision pertaining to this application. Should you have any questions, please do not hesitate to contact me. Yours truly, VMorn�ikat!viedc Senior Planner C. Agrawal Real Estate Investments (Owner), Patterson Planning Consultants Inc. C/O Scott Patterson (Applicant) Document Number: 4213078 Version: 1 Page 26 of 410 GRCA Comments GRCA has no objection to the approval of Zoning By-law Amendment ZBA22/009/0/ES (1257 & 1265 Ottawa Street South). The subject properties do not contain any watercourses, floodplains, shorelines, wetlands, valley slopes or other environmental features of interest to GRCA. The properties are not subject to Ontario Regulation 150/06 and therefore we have no comment. Sincerely, Jessica Jessica Conroy, MES PI. Resource Planning Technician Grand River Conservation Authority 400 Clyde Road, PO Box 729 Cambridge, ON N1 R 5W6 Office: 519-621-2763 ext. 2230 Toll-free: 1-866-900-4722 Email: icon royCaD-grand river. ca www.arandriver.ca I Connect with us on social media Page 27 of 410 City of Kitchener Zone Change / Official Plan Amendment Comment Form Address: 1257 Ottawa St S Owner: Agrawal Real Estate Investment Trust & Dotsenko Application: Zoning By-law Amendment #ZBA22/009/0/ES Comments Of: Parks and Cemeteries Commenter's Name: Lenore Ross Email: Lenore. ross@kitchener.ca Phone: 519-741-2200 ext 7427 ❑ 1 plan to attend the meeting (questions/concerns/comments for discussion) 0 No meeting to be held ❑ I do NOT plan to attend the meeting (no concerns) 1. Documents Reviewed: I have reviewed the documentation noted below submitted in support of a ZBA to permit a 3 - storey building with 20 residential units. To facilitate this development a ZBA has been requested to implement RES -5 in Zoning By-law 2019-051. The owner is also requesting that a new site-specific provision be added to the zoning by-law to allow an increase in Floor Space Ratio (FSR) to 0.63. 1. Reinders + Law Ltd — Architectural Site Plan rev#5 dated 12/05/2021 2. Patterson Planning Consultants Inc - Urban Design Brief dated April 2022 3. Patterson Planning Consultants Inc - Planning Opinion Report dated April 2022 4. Reinders + Law Ltd - Typical Floor Plans dated 2022-01-21 2. Site Specific Comments & Issues: This site is within the Laurentian Hills Planning Community and although Places and Spaces (June 2022 draft) identifies this site as being within a 500m walkshed of existing local park space, Ottawa St S is a significant road barrier for short-term park use and this emphasizes the importance of quality on-site amenity spaces for residents' use. The proposed site plan indicates private patio/balcony areas that are small and a common amenity area that is 46M2 of concrete pavement. Prior to Parks and Cemeteries providing support for the Zone Change Application, an improved on- site amenity space should be shown on a revised site plan and the Urban Design Brief should be updated to include conceptual amenity area design and precedent images 3. Comments on Submitted Documents The following comments should be addressed at this time. 1) Reinders + Law Ltd —Architectural Site Plan rev#5 dated 12/05/2021 a) an improved on-site amenity space should be shown on a revised site plan 2) Patterson Planning Consultants Inc -Urban Design Brief dated April 2022 A City for Everyone Working Together — Growing Thoughtfully — Building Community Page 1 of 2 Page 28 of 410 City of Kitchener Zone Change / Official Plan Amendment Comment Form a) the Urban Design Brief should be updated to include conceptual amenity area design and precedent images 4. Policies, Standards and Resources: • Kitchener Official Plan Policy As per Section 8.C.2 — Urban Forests of the Official Plan ... o policy 8.C.2.16., the City requires the preparation and submission of a tree management plan in accordance with the City's Tree Management Policy (available on the City's Website), as a condition of a development application. o policy 8.C.2.6., the City will incorporate existing and/or new trees into the streetscape or road rights-of-way and encourage new development or redevelopment to incorporate, protect and conserve existing healthy trees and woodlands in accordance with the Urban Design Policies in Section 13 (Landscape and Natural Features) of the Urban Design Manual (UDM) and the Development Manual. o Please see UDM Part C, Section 13 and www.kitchener.ca/treemanagement for detailed submission requirements • City of Kitchener Parkland Dedication Policy • City of Kitchener Development Manual • Cycling and Trails Master Plan (2020) • Chapter 690 of the current Property Maintenance By-law • Places and Spaces (June 2022 draft) • Urban Design Manual 5. Anticipated Fees: Parkland Dedication The parkland dedication requirement for this submission is deferred and will be assessed at a future Site Plan Application. Parkland dedication will be assessed based on the land use class(es) and density approved through the ZBA and required as a condition of Site Plan Approval Parkland dedication is required for the application as cash -in -lieu of land. 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 Page 2 of 2 Page 29 of 410 City of Kitchener Application Type: Zoning By-law Amendment Application: ZBA22/009/O/ES Project Address: 1257 & 1265 Ottawa Street South Comments of: Transportation Services Commenter's Name: Dave Seller Email: dave.seller@kitchener.ca Phone: 519-741-2200 ext. 7369 a. Transportation Service have no concerns with the proposed Zoning By-law amendment being proposed for this development. b. Transportation Services support the 3m x 4.5m driveway visibility triangles. c. Based on the plan submitted with this application, Transportation Services support the proposed parking rate of 1 parking space per unit, plus 15% visitor parking. This equates to a total of 23 parking spaces, of which, 3 are allocate for visitor and 20 spaces are allocated for tenants. This vehicle parking rate follows the intent of zoning by-law 2019-051. d. Class A bicycle parking should be provided at a minimum rate of 0.5 spaces per unit. This would equate to 10 bicycle parking spaces, based on the 20 units being proposed. This bicycle parking rate follows the intent of zoning by-law 2019-051. The bicycle parking can be provided in a separate accessory building or storage lockers and be easily accessible for all users and bicycle types. Dave Seller, C.E.T. Traffic Planning Analyst I Transportation Services I City of Kitchener 519-741-2200 ext. 7369 1 TTY 1-866-969-9994 1 dave.seller@kitchener.ca Page 30 of 410 I have reviewed the submitted package for 1257 and 1265 Ottawa Street and have no concerns about the proposed design. It would be great if they could relocate the proposed parking space #1 as it is highly exposed from the street. We can discuss this more in detail during the site plan process. 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 Page 31 of 410 Good Morning Eric, The Waterloo Region District School Board (WRDSB) has reviewed the agency circulation for the above noted application which proposes to rezone the subject lands to facilitate the development of 20 stacked townhouses. The WRDSB offers the following comments for information and consideration: Student Accommodation At this time, the subject lands are within the boundaries of the following WRDSB schools: • Forest Hill Public School (Junior Kindergarten to Grade 6); • Laurentian Public School (Grade 7 to Grade 8); and • Cameron Heights Collegiate Institute (Grade 9 to Grade 12). The WRDSB's 2020-2030 Long -Term Accommodation Plan provides information on student enrolment and accommodation at these schools. Student Transportation The WRDSB supports active transportation, and we request that pedestrian safety and connectivity be considered in site design and through construction of any development. Student Transportation Services of Waterloo Region (STSWR)'s school buses will not travel privately owned or maintained right-of-ways to pick up/drop off students. Transported students may be required to meet the bus at a congregated bus pick-up point and STSWR may have additional comments about student pick-up point(s) placement on municipal right-of-ways. Education Development Charaes Please be advised that any development on the subject lands is subject to the WRDSB's Education Development Charges By-law, 2021, as amended or any successor thereof and may require the payment of Education Development Charges prior to the issuance of a building permit. Should you have any questions regarding the above, please do not hesitate to contact the undersigned. Sincerely, Christie Christie Kent MciP RPP Senior Planner Waterloo Region District School Board 51 Ardelt Avenue, Kitchener ON, N2C 2R5 T: 519-570-0003 Ext. 4459 E: christie kent(c)-wrdsb.ca Page 32 of 410 The Waterloo Catholic District School Board has reviewed the above application and based on our development circulation criteria have the following comments)/condition(s): A) That any Education Development Charges shall be collected prior to the issuance of a building permit(s). B) That the developer shall include the following wording in the site plan agreement to advise all purchasers of residential units and/or renters of same: "In order to limit liability, public school buses operated by the Student Transportation Services of Waterloo Region (STSWR), or its assigns or successors, will not travel on privately owned or maintained right-of-ways to pick up students, and potential busing students will be required to meet the bus at a congregated bus pick-up point." C) That the developer enter into an agreement with the City of Kitchener to be registered on the title to the Property that provides: "All agreement of purchase and sale or leases for the sale or lease of a completed home or a home to be completed on the Property must contain the wording set out below to advise all purchasers of residential units and/or renters of same." "In order to limit liability, public school buses operated by the Student Transportation Services of Waterloo Region (STSWR), or its assigns or successors, will not travel on privately owned or maintained right-of-ways to pick up students, and potential busing students will be required to meet the bus at a congregated bus pick-up point." If you require any further information, please contact me by e-mail at Jordan. Neale@wcdsb.ca. Thank you, Jordan Neale Planning Technician, WCDSB 480 Dutton Dr, Waterloo, ON N2L 4C6 519-578-3660 ext. 2355 Page 33 of 410 City of Kitchener - Comment Form Project Address: 1257 & 1265 Ottawa Street S Application Type: OPA and ZBA Comments of: Environmental Planning (Sustainability) — City of Kitchener Commenter's name: Gaurang Khandelwal Email: gaurang.khandelwal@kitchener.ca Phone: 519-741-2200 x 7611 Written Comments Due: June 27, 2022 Date of comments: June 27, 2022 1. Plans, Studies and/or Reports submitted and reviewed as part of a complete application: • Sustainability Statement, 1257-1265 Ottawa Street South, prepared by Patterson Planning Consultants Inc. Comments & Issues: I have reviewed the documentation (as listed above) to support a Zoning By-law Amendment to redevelop the subject lands by demolishing the existing two single detached dwellings on site and replacing them with a 3 -storey building with 20 residential units, regarding sustainability and energy conservation and provided the following: • Based on my review of the supporting documentation, the proposed development is generally in compliance with the Ontario Building Code (OBC). • Although the Ontario Building Code (OBC) is advanced, going forward all developments will need to include robust energy conservation measures as the City (and Region of Waterloo) strive to achieve our greenhouse gas reduction target. • It is recommended that more progressive measures that go beyond the OBC be explored to further energy conservation, generation, operation and benefit future residents/tenants. An updated Sustainability Statement incorporating a more progressive energy conservation and efficient design is required to support the Zoning Bylaw Amendment. The applicant should further clarify: o Why the cost of implementing alternative water supply and demand management systems as well as alternative energy systems is not feasible for a project of this scale o If the development be able to add/incorporate alternative water supply and demand management, and alternative energy systems in the future o If the building will be engineered to add solar PVs if required 1IPage Page 34 of 410 o If the development will utilize low -flow plumbing fixtures to reduce water demand o If the units will be separately metered to allow for more efficient management of energy use on a tenant -by -tenant basis o If LED lighting will be utilized for indoor and outdoor lighting and if sensors will be used to increase energy efficiency o If the roof will have white/light colored material to reduce heat island effects and reduce cooling requirements o If the building/units minimize air pollutants in interior materials by using low or no VOC paints and finishes o If the development will have provision of community/common gardens and/or urban agriculture with on-site composting for future residents • A Sustainability Statement (as per the City's Terms of Reference) will be required as part of a complete Site Plan Application which can further explore and/or confirm additional sustainability measures that are best suited to the development. 3. Policies, Standards and Resources: • Kitchener Official Plan Policy 7.C.4.5. The City will encourage and support, where feasible and appropriate, alternative energy systems, renewable energy systems and district energy in accordance with Section 7.C.6 to accommodate current and projected needs of energy consumption. • Kitchener Official Plan Policy 7.C.6.4. In areas of new development, the City will encourage orientation of streets and/or lot design/building design with optimum southerly exposures. Such orientation will optimize opportunities for active or passive solar space heating and water heating. • Kitchener Official Plan Policy 7.C.6.8. Development applications will be required to demonstrate, to the satisfaction of the City, energy is being conserved or low energy generated. • Kitchener Official Plan Policy 7.C.6.27. The City will encourage developments to incorporate the necessary infrastructure for district energy in the detailed engineering designs where the potential for implementing district energy exists. 4. Advice: ➢ As part of the Kitchener Great Places Award program every several years there is a Sustainable Development category. Also, there are community-based programs to help with and celebrate and recognize businesses and sustainable development stewards (Regional Sustainability Initiative - http://www.sustainablewaterlooregion.ca/our-programs/regional-sustainability- initiative and TravelWise - http://www.sustainablewaterlooregion.ca/our-programs/travelwise). ➢ The 'Sustainability Statement Terms of Reference' can be found on the City's website under 'Planning Resources' at ... https://www.kitchener.ca/SustainabilityStatement 21 Page 35 of 410 Building; no concerns Mike Seiling Building Division 519.741.2200 Ext. 7669 Page 36 of 410 Eric Schneider From: Colleen Stewart Sent: Sunday, November 20, 2022 10:45 AM To: Eric Schneider; Paul Singh; Subject: Meeting Re: 1257 and 1256 Ottawa Street S. Proposed Development You don't often get email from yarn why this is important Dear Mr. Schneider, Mr. Singh, and Mr. Patterson: I am writing to you all to express my utter disappointment in the Neighbourhood Meeting that was conducted for residents surrounding the proposed development. This meeting was so poorly executed, and I am wholeheartedly against this proposed new development in my neighbourhood. I implore you to take a few moments and read my letter in its entirety as I am entitled to express my feedback. Firstly, the method you chose to present the meeting is 100% exclusionary and discriminatory. The vast majority of residents that were invited to participate are seniors, most do not have internet or the capacity to attend a zoom meeting. Most have been out of the workforce for 15 years plus, and have never even heard of a zoom meeting. This, I feel, was intentional.There are currently NO Covid restrictions, and no reason whatsoever to have not had an in-person meeting. I'm sure all of you are attending in person meetings now, and you could have organized one for these residents. To that point, if someone had special needs or accomodations at a regular meeting, you would have been obliged to offer them provisions to be able to attend and participate in the meeting. In fact, children are given computers in school in order to be able to participate in online classes so that no one is left out. Yet you sent out a card detailing a meeting to citizens that do not have the required devices, technology, nor the knowledge on how to participate actively and fully. We are still dealing with residents using landlines. Unless they had internet capability, and then a computer, and THEN someone to show them how to use Zoom, they could not ask questions, express their opinions, or participate fully. This was so ageist and left the majority of residents upset, and feeling like they were not being respected or heard. Not only could telephone participants not ask questions or add comments, they were helpless and couldn't do anything but listen to your script. Secondly, the presenters spoke very quickly and using terminology completely foreign to the residents here. I was typing in questions on behalf of my partner, Brian Chivers, as he was asking them, and the message kept coming up that the question has been answered, the question has been answered.... well I ask you, what good is an answer if nobody understands it? Again, I feel as though you were simply disregarding and pandering to your coworkers rather than engaging in meaningful dialogue. Quoting bylaws, or dismissing people's genuine concerns with a "most of you already have trees in your backyard, so..." comment is not only dismissive rhetoric, but rude. You reminded Brian to "be respectful ...... but I would say that sitting safely behind a computer screen using pre -determined answers and big fancy words was the utmost of being disrespectful. Unless none of you have ever had grandparents or aging parent, you know full well that you 100% did not do your job, nor did you acknowledge genuine questions with genuine answers. No compassion. No understanding. On the subject of being "disrespectful", I was still raising my hand when it was said, "If there are no more questions, we'll finish it here". I raised it three times as I wanted to participate as well, but as Brian had been deemed to be "disrespectful", his name was no longer called. I am still in the workforce, and so I understand that the definition of :disrespectful" has definitely evolved, but do you think that people in their late 70's understand your new definition? Being upset, and being passionate, and the way the older generation expresses themselves cannot be held to newly developing workplace etiquette as they have never experienced this. I felt that, knowing Brian as I do, that he was extremely restrained and had legitimate questions. But, that isn;t even on the record for your coworkers to hear. They will have to go by a transcript of what was said. So, of the four people that were actually able to give their Page 37 of 410 comments, you did not respect and stopped acknowledging one of them because why, he doesn't like your proposal? Or are you so politically correct that you only acknowledge people who understand the NEW RULES? Also speaking of disrespect, our elected City Councillor couldn't even grace us with his presence. Our so-called representation didn't even show up. Yet you proceeded with the meeting even though OUR representative wasn't there. Shame on you, Paul Singh ... you were happy to get our votes but where were you when your duty to us was called upon? Thirdly, you are proposing building this on the perimeter of the most expensive homes in this very well established neighbourhood. The question was asked, would you do this in other expensive neighbourhoods, or are our home values not as "valuable"? Is our privacy, tranquility, neighbourhood sense of community less valuable? Not to the residents who have lived here for 20, 25, 30 plus years. Most unfortunately, I totally expect that your "arborist" will allow you to rip down the mature trees that would make even the thought of this more palatable with some excuse that meets your agenda because building around them will be somewhat more challenging. You say you will "landscape" the property, but I'm sure you won't plant quick growing trees (or replace the ones removed with mature trees at a greater expense) that will produce lots of leaves because then your clean up and maintenance costs will be higher. Any landscaping will be for the potential residents and maybe to hide the garbage receptacle that you want to place right at the back of OUR properties. How considerate. Your residents won;t have to smell their refuse, but instead of smelling my lilacs and long cultivated roses, I will get to smell their refuse.Your entire proposal reeks of a money grab with no regard or concern for us, the people who have MADE this neighbourhood. My fourth and final point, you did not address the effect that the additional lighting, headlights, balconies facing directly into our yard with no significant fencing or tree line, noise of twenty additional residents or multiple residents will do to the feeling of our neighbourhood. We don't close the blinds at night - we have never had a need. But now, at any given time, we may have several people looking straight at us and into our home. Our HOME. A six foot fence? Will that fence shield us from the balconies? That makes no sense whatsoever. Ask any of your engineers and planners if they can explain that to us. You are speaking of adding a minimum of 20 but potentially a hundred new residents. We are happy to include new people in the neighbourhood - we have welcomed so many new neighbours over the years. But in an area that consists of single family dwellings, this just isn;t the location to build this dwelling. I will be forwarding this letter to the Mayor of Kitchener, every City Councillor, and as a courtesy to my neighbours that DO NOT even have internet, I will be printing it and distributing it to them as well. I encourage ALL residents to write to you or call you. Regards, Colleen Stewart and Brian Chivers Kitchener, ON Page 38 of 410 Eric Schneider From: Carlos Bazzarella Sent: Tuesday, November 15, 2022 3:18 PM To: Eric Schneider Cc: Paul Singh Subject: Neighbourhood Meeting Comments for Zoning By -Law Amendment - ZBA22/009/0/ES Attachments: NeighbourhoodMeeting.pdf You don't often get email frorr Learn why this is important Hi Eric, Please include these comments in the public record. Carlos 0 Page 39 of 410 November 14/2022, Response to Neighbourhood Meeting for the proposed Zoning By-law Amendment number ZBA22/009/0/ES for the properties located at 1257 & 1265 Ottawa St. S. Kitchener. This meeting was held online/phone-call Nov 8 @ 7pm and lasted just over an hour. The sign in front of the properties at issue were updated with the meeting information less than 7 days before the meeting. We were told that our representative, Paul Sign, would be present in the meeting but he did not attend. The vast majority of people on our street, Nine Pines Rd., are old and do not have internet so their only way to contribute to the meeting was to do a phone -call. The problem is that only people online could ask questions via chat so that silenced a bunch of unhappy neighbours that called in. Furthermore when it came time for live dialog, where the phone -call people could interact if they were still on the line, this feedback was not recorded, so basically this guaranteed phone -people had no voice in this process. The very few people that were able to get online, 4 from what I could tell, asked many questions but instead of reading the questions verbatim, the questions were real-time paragraphed by the host to be completely different than the intended questions and the chat setup did not provide a way to correct the questions so they could be answered properly. It was as if, a list of questions and answers were previously fielded and the host would just pick from that list the closest match and use them. All of the previously submitted concerns and issues with the current proposal were categorically dismissed with excuses that we wish to contest. Instead of providing us with detailed assessments with a clearly labelled expert in the field, we were just provided a few seconds of dismissal. I will go into details of some of those later but the pattern I saw was that nothing actionable or anything real was offered to alleviate our concerns. Concerns (1) Placement of multi -dwelling building on a block with the most expensive houses in the neighbourhood Nine Pines rd contains 26 high-end houses on large lots. Most are 2 floors high with 2 car garages and long driveways. There is no sidewalks. Our very own Paul Sign has provided multiple properties on this street with awards for the best properties in the neighbour. Putting a multi -dwelling building on this block would be equivalent to putting one on Deer Ridge, Hidden Valley or Mannheim. Your response was basically that the area/location doesn't matter, that you would just as well field this proposal if it was in Deer Ridge, Hidden Valley or Mannheim. We highly doubt that anybody would put a multi -dwelling building in any of those neighbourhoods because it is not compatible with adjacent uses of land. Page 40 of 410 (2) Property value destruction The concern with how this proposal would affect our property values was dismissed with basically saying that property values fluctuate so they don't really care about it. The dismissal basically said, we don't know we don't care. Problem is that if you ask any Real Estate agent how to increase the value of your property, in under a second you will hear upgrade your kitchen. Likewise it doesn't take a genius to figure out that if your quiet, isolated and nature -like backyard is now adjacent to an over -crowded parking lot that your property value will go down because it becomes a lot less appealing than before. What we want is acknowledgement of the obvious. (3) Traffic volume/car safety The Fischer -Hallman and Ottawa corner is one of the most dangerous intersections in the city. The addition of 23 cars into the mix was dismissed as irrelevant given the high volume of cars already there (10,000). This excuse makes no sense. Our issue is not with increasing the volume from 10,000 to 10,023, the issue is with the safety risk caused by these new 23 cars coming in and out of that 10,000 car volume. Since the proposal calls for a 1 lane into/out of property. What would happen if a car is coming in while there is a car already there trying to get out? How is that situation compounded with 23 cars? This 1 lane to accommodate 23 cars in and out at rush hour is inadequate. What we want is to see a real study done instead of just dismissal. Maybe a traffic light on Valleyview Rd would make it safer to get in and out of property and avoid accidents. (4) Backyard privacX Brian mentioned how this proposed building will affect his privacy and backyard enjoyment just to be dismissed with a comment about how they could build a new house with the current zoning with a second floor balcony and it would be the same privacy invasion as the proposed building. This is not correct because with current zoning, 2 floors house and 6 feet fence provides more privacy than 3 floor, 1OX more eyes and 6 feet fence. What we want is an equivalently higher fence that can provide the same level of privacy. (5) Garbage smell It was mentioned that the garbage of the 20 units would stink and affect adjacent backyards specially considering their proposed location in the back of their combined lot. This concern was dismissed by describing their stink -free in -ground garbage silos. What we want is that the in -ground garbage silos be placed as close to the street and the building front entrance as possible so that residents and people passing by can experience this amazing technological wonder of the world. Page 41 of 410 (6) Others: tree removal/pollution/noise/lights Brian mentioned that the lights and noise of 23 cars will affect his property and keep him up all hours of the night. Nothing was offered as a solution to this problem. Also removing all trees will increase the noise in our backyards because the leafs in the trees block/reflect sound. Replacing all vegetation with a parking lot will most certainly increase the risk of flooding our backyards in case their proposed draining system gets clogged. What we want is a report with real numbers about how removing these old and large 26 trees and replacing it with 23 cars affects CO2 emissions and air quality in our backyards. We want these CO2 emissions as far away from our backyards as possible and be placed in front of their building just like we currently have with every house in this block. Sincerely, Carlos Bazzarella Page 42 of 410 Eric Schneider From: Sent: To: Subject: You don't often get email frorr Hi Eric/Tom, Monday, November 14, 2022 7:39 PM Eric Schneider Concerns regarding 1257 & 1265 Ottawa St. S. Kitchener. ihy this is important Thanks for info session about this project. However, after having reviewed the supporting documents as well as listening to the developer's presentation, I personally don't think it is a very good fit given the topographics of this neighborhood. Zoning change I'm sure when the city did a review for new zoning change proposals, many factors must have been considered. I just don't see how it is appropriate to change a RES2 to a RESS zoning since it is a huge stepup. My understanding is the developer decided to pursue a Res5 because their proposed building would fit best in a res5 community. Thus, I'm not sure how we should step up so much just because of one building. Parking As you know, the developer is proposing 1 parking spot per unit. Unfortunately, the reality of the matter is most household have 2 cars. You can already see all the overflow on Williamsburg Rd and nine pines every night from the other housing complex. How does the city intend to address this situation? Especially in the winter? Park and rec space There is not enough parks and green spaces for the current residence to use currently. With an extra 20 households, is the city going to provide additional park and rec areas to support this building? Is there any sort of integration into the current park system that is in place? Traffic/transit So due to the lack of transit options and not in the MTSA at Ottawa and Fischer Hallmann, is the city planning to increase bus routes, LTR extensions in the near future to satisfy the reduced parking at this site? With the reduced parking, is it assumed that there will be extra uber/delivery traffic as well. With a single entry road in such close proximity to Fischer Hallmann, how is this going to be addressed? I know from first hand during the rush hour that it is almost impossible to exit onto Ottawa st especially the past summer due to construction. Will there be a median built to avoid traffic coming out of this site to head westbound for better traffic flow? Noise/privacy I'm sure many of my neighbours have already brought up this concern. Even the fact that the building is actualkt 3 1/2 stories having the basement 1/2 above ground, the balconies will definitely be very invasive for the surrounding neighbours without all the large trees as a buffer. A 6 ft fence will definitely not provide enough privacy in any way. Garbage collection Given that 20 units will definitely require private collection, is there a plan for garbage to be collected a few times a week or what is the promise that the developer intend to deal with this issue. There is a decent amount of wildlife in this area, so this could turn into a very big issue. Trees Page 43 of 410 Is there a way to save more of these old trees that have grown for over 30-40 years? What are they willing to do to compensate for this? Are they planting new trees in the neighborhood? City comments I believe that I saw there has been no city comments on this project. When can we expect to see whether you or the city intend to recommend this project or not? I think in my opinion, a drastic zone change as such is a bit hard for me to accept. I can see a res 2 to res 3, but this is a huge leap! Again, I understand that the developer is asking for this because this suits their building needs, but I don't think this is the right path for this neighborhood. Thanks for your time and I hope you will have an opportunity to address my concerns. Thanks, Rock Sent from my Galaxy Page 44 of 410 Eric Schneider From: Michael Brisson Sent: Friday, November 11, 2022 8:28 PM To: Eric Schneider Subject: 1257 Ottawa St. S. - Neighbourhood Meeting [You don't often get email from Learn why this is important at https://aka.ms/LearnAboutSenderldentification ] Hi Eric, I missed the meeting. Is it available for viewing ? Please send a link if available. Thanks Michael Sent from my iPad Page 45 of 410 Eric Schneider From: Adam Herfst Sent: Tuesday, November 8, 2022 12:04 PM To: Eric Schneider Subject: 1257 & 1265 Ottawa Street South [You don't often get email from Learn why this is important at https://aka.ms/LearnAboutSenderldentification ] Hi Eric, I would like to comment that this shift to higher density residential buildings on Ottawa street is a fantastic idea. We should not have expensive and larger -footprint single dwellings on Ottawa street, it is too busy of a street. Now, what would be great is if these higher -density buildings on being built on Ottawa street would be to increase walkability and bike -ability in this area as current infrastructure is horribly inadequate for safe and convenient usage. Pedestrians and bicyclists should be much more separated from busy streets where people are driving 70 km/h, such as that stretch of Ottawa street. Thanks, Adam Herfst Student - ARIDO School of Engineering & Information Technology I CONESTOGA COLLEGE OF TECHNOLOGY & ADVANCED LEARNING Conestoga Official Disclaimer: This email and any attachments are for the sole use of the intended recipients and may be privileged or confidential. Any distribution, printing or other use by anyone else is prohibited. If you are not an intended recipient, please contact the sender immediately, and permanently delete this email and attachments. Page 46 of 410 Eric Schneider From: D. Grant Sent: Thursday, June 30, 2022 7:13 PM To: Eric Schneider; Paul Singh; scott@pplan.com Subject: [EXTERNAL] 1257 & 1265 Ottawa St S Dear Sirs, I am just responding to your plan for development on Ottawa St S I am strongly against this plan. After having lived on Valleyview Rd for almost 20 years, I have seen such an increase in traffic in this area, which has made accessing Ottawa St (especially when making a left hand turn from Valleyview onto Ottawa) increasingly difficult and dangerous. And the intersection of Ottawa and Fischer -Hallman has also become increasingly busy and dangerous for cars and pedestrians. Adding more traffic, which would be as a result of the proposed development, isn't wise and would only increase congestion and the propensity for accidents. Unfortunately I don't feel my concerns will be taken into consideration. Thank you for listening, Donna Grant Sent from Rogers Yahoo Mail on Android Page 47 of 410 Eric Schneider From: Rhonda Reist Sent: Thursday, June 30, 2022 5:16 PM To: Eric Schneider Cc: Rhonda Reist - Work Subject: [EXTERNAL] 1257 and 1265 Ottawa Street I am just responding to your plan for development on Ottawa St S. I am strongly against this plan. After having lived on Valleyview Rd for almost 20 years, I have seen such an increase in traffic in this area, which has made accessing Ottawa St (especially when making a left hand turn from'SEP'Valleyview onto Ottawa) increasingly difficult and dangerous. And the intersection of Ottawa and Fischer -Hallman has also become increasingly busy and dangerous for cars and pedestrians. Adding more traffic, which would be as a result of the proposed development, isn't wise and would only increase congestion and the propensity for accidents. Thank you for your serious consideration of these concerns. Rhonda Sent from my Phone Page 48 of 410 Eric Schneider From: DENNIS STECKLY Sent: Thursday, June 30, 2022 4:18 PM To: Eric Schneider Subject: [EXTERNAL] Concerns regarding application for development, Ottawa St S Hello, My name is Anita Moreau-Steckly and I am a resident of Nine Pines Rd in Kitchener. My husband and I recently returned from our vacation and became aware of a planned development project at 1257 & 1265 Ottawa Street S where two residential homes are intended to be demolished and converted into a multi-level apartment complex and adjacent parking lot. I wish to express some concerns that I and my neighbours share about this planned development project. My neighbours and I are concerned that this rezoning and development project will negatively impact life on our adjoining street as well as the value of our own properties. Many of the homes on our street are upwards of 50 years old; at the time of their construction, they were located on the edge of town and none of the occupants would have imagined a scenario where they might find themselves adjacent to an apartment complex of this nature. Though times may change, many of the residents of this neighborhood are still primarily families in single dwelling homes. Some of our neighbours whose yards border on this proposed project will lose the majority of their backyard privacy as well as the shade provided by the many mature trees that would need to be cut down. We worry that changing the zoning in our area would open up the possibility of similar developments being proposed in other nearby lots in the event of other houses being listed on the market. Many of these projects are proposed by people who neither live in our area, nor intend to live here. Why then would they be concerned how their income properties negatively impact the existing neighbourhood, so long as it continues to be profitable for them? We already have plenty of issues with out-of-town property owners on our streets and their renters not maintaining their houses and lawns. Ours is not a large street and we already have issues with occupants of the townhouses on Williamsburg parking in front of our houses at all times of the day. We are concerned that the residents of the proposed apartment complex with multiple vehicles will choose to park any extra vehicles that they or their guests might own in front of our homes due to the lack of available parking on Ottawa Street. In addition to more cars, we worry that the 23+ new residents will also bring more garbage and noise pollution with them. Essentially, the number of neighbours that adjoin our street will increase 10 - fold even though the physical space will remain the same. None of us signed up for that when we bought our homes many decades ago. We respectfully ask that the city will take our concerns into consideration while looking into this matter. Sincerely, -The Steckly family Page 49 of 410 Eric Schneider From: Nathalee F. Sent: Thursday, June 30, 2022 11:19 AM To: Eric Schneider Subject: [EXTERNAL] Questions Re: Notice of Development in my Neighborhood Good morning Eric, I am writing in response to a communication I received in the mail about a pending development at 1257 & 1265 Ottawa Street South in Kitchener. Please see my questions and comments below: I. How long is this project expected to take for completion? 2. What are the anticipated impacts/ risks to residents? 3. What steps does the applicant intend to take to mitigate any risks/ impacts to residents? 4. Where will trucks and workers' vehicles be parked? This is of particular interest to me as we have limited parking in this area and a number of residents currently park on the street eg. on Williamsburg Road. Displacing us would not be fair and so it would be best if alternate arrangements be made for staff and trucks in order to ensure that residents are not inconvenienced. 5. In terms of long term parking for residents of this new development, how practical is it to have 20 units and only 23 parking spaces? Is this something that has been thought of? Is the intention that the residents (particularly those with multiple vehicles) and their visitors are to park on the road as well? This will no doubt create a strain on the already tricky situation of parking in this area. To make matters worse, given that between December 1 - March 31 of each year, the roadway cannot be used for overnight parking, where will residents of this development with more than one vehicle be expected to park? Looking gorward to answers at the earliest possible time. Thanks, Nathalee Ferguson Page 50 of 410 Eric Schneider From: Stacy Bambrick > Sent: Thursday, June 30, 2022 12:09 AM To: Eric Schneider Subject: [EXTERNAL] Application for Developement 1257-1265 Ottawa St S Attachments: Land Survey 1255 Ottawa St S.pdf, Questions - City of Kitchener Rezoning.pdf Hello Mr. Schneider, Thank you for the opportunity for the residents in the area of 1257-1265 that would be affected by the redevelopment of those properties to submit our questions and concerns. I am the proud owner I've reviewed the documentation provided on the City's website and formulated my questions or concerns in a document for your review. Please find attached, along with the only copy of the land survey (noted in the questions document). I kindly ask you to confirm receipt of this email as being on time (barely) for the submission date of June 30th. I look forward to hearing back from you regarding next steps or answering any concerns/questions in the document. I'm available by reply to this email or directly at Warmly, Stacy Have a wonderful long weekend and happy Canada Day! Page 51 of 410 Rezoning for 1257 Ottawa St. S, Kitchener, from the owner (perspective) of 12556 Ottawa St S Per the rendering (page 5): o There are three trees that are shown that would be planted separating the driveways, close to the sidewalk. My concerns: ■ The type of trees - will they grow to be a significant size? • Root systems can affect my driveway • Root systems can affect the sewer lines running from my home (it runs down the center of the two semis in parallel • Visibility from my driveway o To see pedestrians coming from the left (Fisher Hallman way), conversely if leaving the new driveway, it reduces visibility to the right (towards Westmount) o For pedestrians seeing anyone leaving my driveway o To see traffic coming from the left (Fisher Hallman) on the roadway, you have to be on the sidewalk/apron of the driveway before you can see oncoming traffic. Conversely for people leaving the new address and seeing traffic approaching from the right (from Westmount) o There is a tree depicted on the drawing at the end of my driveway as it would enter into my backyard. That tree does not exist, nor will it, as it would impede my access to my backyard. ■ Why would that tree be on the rendering? As an argument for dulling noise or light? Providing privacy? • Its an erroneous tree that I would not plant there and offers no benefit to either side Page 52 of 410 There are 3 walnut trees close to the property line, currently on my side of the fence at the back of the property. One in particular overhangs onto the 1257 property. Given the proposal is to have a parking lot back there, I'm assuming those trees will be regularly trimmed. This may result in significantly impact of the health of the trees ■ Would there be a request for those trees to be removed entirely? ■ Currently on the rendering it doesn't show the trees or my shed on my property there. They would overhang the yellow boxed out area on the rendering You can see from the arial view a bit better that there are tree canopies there by the shed. (far bottom right) o What will the impact on my property be for the removal of the large trees on the property of 1257. ■ Damages to the driveway? (roots? - there have already been roots identified in my sewer line by the City of Kitchener suspecting it is from that large front tree ... which means the roots run under my driveway) ■ Access to my driveway while the front tree is being removed? ■ They provide quite a bit of shade which I anticipate will affect the west sunlight exposure to my grass and house (increase in heating/cooling) The rendering depicts a flat grade to the property, this is not truly representative of the actual grade. The house at 1257 sits lower than the houses on either side. ■ There is a good 2.5-3ft difference between the back end of my driveway and the back corner of the house at 1257. Will this be leveled out? If not, will there be a retaining wall installed? What will the impact be if the grading changes to water flow/pooling on my property. Currently I have no water issues in my backyard or property as a whole. o Per Figure 4 in the Opinion report, it shows that 1265 is higher than 1257 and potentially actually higher than my property. Page 53 of 410 Showing that it slopes down from Fisher Hallman towards Westmount. Figure 4: 12$71265 Ottawa Street South (Google) • What is the height of the fence between the properties? o Will it provide privacy when sitting in my backyard? o Will it indeed be a more solid type structure, as shown, to reduce car lights flashing into my property (there is a side window along that new driveway) o How far forward does the fence go - will it impede visibility on entry/exit of my driveway o Was there a survey done on the property recently for proper allocation of the new fence. The only survey I have per the City of Kitchener is potentially the original (see attached). o The prior owner of 1257 indicated the fence was hers, but I'd like to know exactly where the new fence will be located to see the land impact, if any, on my property. I have gardens pretty much the length of the fence from the end of the driveway to the back of the property. ■ What happens if any of the gardens are affected when the new fence is installed? • Plants replaced? • Trees at the back of the property (earlier mentioned) that are close to the property line and may affect posthole placement? • Lighting - What type of lighting will be installed around the property? There is a window along my driveway for my basement and a large back bedroom window that would mostly be affected by night lighting of the parking lot and cars coming and going? o Do they project down so it's not diffuse lighting? o Will it be the same type of lighting at the side of the building that would/could shine into the side window? o The rendering doesn't show any lighting along the back of the parking lot. The only "backyard" light is off the sidewalk, which I'm not sure wouldn't be adequate lighting for the space and as such is not a true depiction of what lighting will actually be installed Will there be no idling signs posted for the parking spaces directly beside the fence? o As mentioned above, there is a side window as well as a side entry door directly adjacent where the cars would be parked. ■ Currently we can't easily park that far back in the driveway and therefore a Carbon Monoxide concern has not been an issue as that is not where the Page 54 of 410 current neighboring driveway is situated. • Questions regarding the type of rental property: o Will these be owned units (units for single purchase) or 100% rental? o If rental: ■ Is it Low Income housing? ■ What is the demographic they are building for? • Currently the housing situation in those two homes is likely fairly low (room rentals) ■ Will there be a property management organization on-site? ■ Will we be notified of who to reach out to should there be an issue at the property? • Traffic study -I don't see it being listed, was one done? o It currently is already a high volume and high speed traffic area with the residents leaving Valleyview Dr.(their only exit), which will be directly adjacent to the new driveway proposal. If we're all trying leave now, it's congested, nevermind adding in 22+ new vehicles. o With City/Regional construction (which seems to have been ongoing for years), mainly at Fisher Hallman and Ottawa it backs up the traffic significantly, and further impedes visibility and safety for coming and going from the driveways directly across from Valleyview Dr. and the residents of Valleyview Dr. There is already a significant amount of honking as a result of traffic back ups and lack of courtesy. o There is a daycare that is located on the corner of Fisher Hallman and Ottawa, which can be impacted by the increased traffic in the immediate area. Along with access to the Church facing Fisher Hallman that entre from Ottawa St. o There are currently 22 parking spots depicted on the rendering (page 5). Currently there is about half of that volume of cars that are currently leaving these three properties. Which doubles the volume, not including visitors or deliveries to the new property. o This is also a potential concern for emergency vehicles response time that are traveling Ottawa St towards the mall and/or expressway. Currently it's already a main line for emergency vehicles. Does the current emergency infrastructure include the intensification of this nature in the area. o Is there or would there be consideration to have a traffic light installed at Willamsburg Dr./Daisy Mart to break up the volume and potentially provide easier access coming and going from the properties along that strip? Noise Study - I did not read anything about the increased noise conditions created for the direct residents on either side of the new building and backing on from Nine Pines. The reports attached are concerning the noise impacts for the new residents of the building. This Page 55 of 410 building will bring with it increased noise for all adjoining neighbors. This will affect the enjoyment of my property (both with noise and privacy) o The increase in traffic o The increase of HVAC Units running o Garbage and Recycling trucks o Delivery vehicles, in particular those that have back up alarms o Increase population o Car alarms & people excessively engaging their power -locking doors resulting in car honks • Garbage and Recycling Receptacles o Where will they be located? I don't see them in the rendering. They may appear near the far back left corner of the property, but I believe that was noted as a truck turn around area. o What types - metal bins or Moloks? o What would the expected pick-up schedule be (frequency). Is there a mandate? o Will they be enclosed? Many apartment buildings have over flowing receptacles, in particular around the end/first of the month when there is tenant turnover o Who is responsible for pest control if there are increased critters attracted to overflowing receptacles? • Infrastructures o Will there be any infrastructure improvements to support the additional residents? ■ Water/Sewer ■ Internet- the Bell lines are currently horrible and are forced to use Rogers' infrastructures, which are insufficient at times as it is. • Questions regarding direct impact on my property: o What is the perceived impact on Property taxes when there is a rezoning done in the area? o What is the direct impact on the property values when an apartment goes up in a residential line of housing? o What happens if there are damages done to my property during the excavation and building of the new establishment? As a result of heavy equipment. In particular my driveway given the close proximity of the new driveway being installed o What would the plan for snow removal be as the boulevards along there are not very wide and with both driveway entries so close, I don't want snow being plowed into the end of my driveway • General Questions o What is the projected timeline for the project completion from start to finish? o When is this project projected to commence? o Who is the contractor overseeing the project o Who is the overall project group/developer o What interruptions can I expect to my property as infrastructures are developed on the property is Water shut offs ■ Gas shut offs (my gas line is on that side of the house running down my driveway o What are the hours of operations for the construction? o Will there be a sewer flush during at the end of the construction for clearing all the debris that comes along with construction Page 56 of 410 Eric Schneider From: Greg Macedo > Sent: Wednesday, June 29, 2022 11:26 PM To: Eric Schneider; Paul Singh Subject: [EXTERNAL] Application For Development - 1257 & 1265 Ottawa St., S. Kitchener, Ontario Good day, We have been residing on Nine Pines Rd. for the past 25 years and chose this location for its residential appeal. Having received this notice for development, we feel it will adversely affect our neighbourhood. This proposal will bring negative changes that will eliminate the mature trees currently enhancing our environment in this area and may increase the risk of storm water issues. We do not support having an area behind us with 23 parking spots contributing to fumes, noise, and overall less peacefulness, and the thought of garbage disposal for 20 units. Why is the City of Kitchener considering disturbing this pleasing residential area while there has been a vacant lot on the corner of Ottawa St., S. and Williamsburg Rd. for decades? It would seem more appropriate to focus on this corner lot for development, than leaving it as it is presently. We would appreciate notice of any scheduled neighbourhood meetings. Regards, Greg and Karen Macedo Page 57 of 410 June 12/2022, Petition against proposed Zoning By-law Amendment number ZBA22/009/0/ES for the properties located at 1257 & 1265 Ottawa St. S. Kitchener. As the satellite picture below illustrates, replacing the 2 houses in the white rectangle with a 23 car parking lot and a multiple dwelling 20 unit building will significantly affect all the properties around it. It can be seen from the picture below that everyone in this block has a quiet and peaceful backyard that will be negatively impacted by this. Property values will go down and lots of people will consider moving away from the area. Notice the large number of mature trees that will be destroyed. The 2 properties contain 7 of the oldest and tallest trees in the neighbourhood. There is no way to relocate them. The area will be converted from a green heaven to an asphalt hell and in the process expose quiet backyards to the noise and air pollution of 23 automobiles and the garbage of 20 units. Garbage smells and it is not a coincidence that their plan puts their garbage as far away from their building as possible. This 10X increase in garbage, noise and air pollution will affect adjacent properties. Nobody bought a property in this block ever expecting such destruction to happen. Not only destruction in nature but also destruction in property value. Another issue is that all of our backyards are located in a flood plain. When it rains a lot our backyards get flooded for a few days. Check the engineering drawing for the house at 52 Nine Pines Rd. and you will see it required a double stacked foundation. Replacing the current 2 houses with a parking lot will send more rain water to our backyards instead of being absorbed by the land. The zoning changes are too radical (going from RES -2 to RES -5 and increasing Floor Space Ratio). Nine Pines Rd. contains a set of the largest and most expensive houses (single detached residential dwellings) in the neighbourhood. The block contains 26 lots where 20 are RES -2 (77%), 4 are RES -4 (15%) and 2 are Commercial (8%). This block contains no multiple dwelling properties. Since the Page 58 of 410 vast majority of lots in the block are RES -2, it makes no sense to allow such large jump in zoning to the detriment of surrounding property owners. There is also a safety issue due to the proximity of this to one of the busiest and most dangerous intersections in KW area. This property is located only 135m from the Fischer -Hallman Rd & Ottawa St. S. intersection where a large flow of cars makes it unsafe for current vehicles to enter & exit their Ottawa St. properties. This danger will be compounded if another 23 cars are added to the mix. Notice on the picture below the number of lanes at the intersection, 2 lanes merge into Ottawa from Fischer - Hallman and there is no traffic light at Nine Pines and Valleyview Rd. As can be seen from the pictures above, the zoning change proposal is akin to changing Victoria Park zoning to allow a high rise apartment building to be built in the middle of it. There are better places for such projects not far from the proposed site (one of them can be seen in the first Picture above) that would certainly appease our concerns. In Summary, the proposed Zoning By -Law amendment is not appropriate for the following reasons: 1. Major adverse impact on abutting properties. •10X noise and air pollution from 23 cars •10X garbage smell from 20 units • increase backyard flooding • decrease in property values 2. Safety concern related to adding 23 cars so close to dangerous intersection. 3. Too radical zoning change for the block which is currently comprised of 77% RES -2, 15% RES -4 and 8% Commercial lots. No multiple dwelling buildings in the block. Sincerely, Carlos Bazzarella Page 59 of 410 Eric Schneider From: Carlos Bazzarella Sent: Thursday, June 16, 2022 6:39 PM To: Eric Schneider Cc: Paul Singh Subject: [EXTERNAL] Comments for Zoning By -Law Amendment - ZBA22/009/0/ES Attachments: ByLawChange-letter.pdf Please see attachment. I have most of the property owners of Nine Pines Rd sign the petition. Carlos. Page 60 of 410 Eric Schneider From: Carlos Bazzarella Sent: Tuesday, June 21, 2022 8:06 PM To: Eric Schneider Cc: Paul Singh Subject: [EXTERNAL] Re: Comments for Zoning By -Law Amendment - ZBA22/009/0/ES Hi Eric, Thank you for the message. Please include these extra comments in the public record. Regarding the comment about traffic, it will certainly be nicer to exit the new building facing forward instead of reversing, but that doesn't help anybody else. The people to the left, right and the order side of the street will have to deal with another 23 cars. Also important to mention is that it is impossible to exit Nine Pines Rd. and make a left turn. This is due to traffic and people not letting you in. We have to go back to Williamsburg Rd. and make a left. The problem is that the lineup now is passing Williamsburg so it is getting harder and harder to make that left turn and the lineup is going to get longer with another 23 cars. I find it hypocritical that the proposal mentions "minimize negative impacts to air quality and climate change" and "encourages walking and cycling" while at the same time it adds 23 cars and destroys several large trees. It's also non - credible to say that "There is no objective evidence that the proposed development of these lands would cause unacceptable adverse effects" and one of the adverse effects is "g) loss of enjoyment of normal use of property". How can it not affect neighbouring backyard enjoyment going from green heaven to asphalt hell? There are empty lots not far from the proposed site. One at 63-67 Windale Cres. which is 213m away and a much closer one located at the same block only 93m away at 11 Williamsburg Rd. Carlos On 2022-06-20 15:06, Eric Schneider wrote: > Hello Carlos, > Thank you for providing comments for this development application. I > can confirm they have been received and will be included in the public > record. > In regards to water drainage, the subject lands and surrounding block > are not located within a Floodplain. Floodplains are typically in > close proximity to the Grand River or its tributaries. The attached > map shows the closest floodplain areas to be surrounding Voisin > Greenway near the Sunrise Centre. > The City has standards for stormwater management that apply to new > developments such as this. If the application proceeds, the applicant Page 61 of 410 > would be required to install infiltration galleries, and piping that > would drain any stormwater collected from the roof of the building and > the pavement parking lot to the City and Regions existing stormwater > infrastructure at the street. In other words, any development on this > site would result in a better, more controlled level of stormwater > management and water drainage than currently exists on site today. > Thank you for you concerns regarding traffic. Right now, the > application is being reviewed by Transportation Staff from the City, > the Region, and the Ministry of Transportation given it's proximity to > the provincial highway Conestoga Parkway. Their comments will be > publicly available prior to any decision being made on this > application. It is important to note that the current site contains > driveways, with vehicles backing out onto Ottawa Street. In the > proposed concept plan, all vehicles would exit the site in a forward > motion leaving from the parking lot rather than backing up onto > Ottawa. > Let me know if you have any other questions or comments. > Eric Schneider, MCIP, RPP > Senior Planner I Planning Division I City of Kitchener > (519) 741-2200 ext 7843 1 TTY 1-866-969-9994 > eric.schneider@kitchener.ca > -----Original Message----- • From: Carlos Bazzarella > Sent: Thursday, June 16, 2022 6:39 PM > To: Eric Schneider <Eric.Schneider@kitchener.ca> > Cc: Paul Singh <Paul.Singh@kitchener.ca> > Subject: [EXTERNAL] Comments for Zoning By -Law Amendment - > ZBA22/009/O/ES > Please see attachment. > I have most of the property owners of Nine Pines Rd sign the petition. > Carlos. Page 62 of 410 Eric Schneider From: Sent: Monday, June 13, 2022 10:16 AM To: Eric Schneider Subject: [EXTERNAL] Application for Development 1257 - 1265 Ottawa St S I would like to strongly oppose to the new development on Ottawa street South Ottawa street has way too much traffic as it is, constant road work doubling the size of the road, doubling the size of the sidewalks, more foot traffic. I live I live at and the foot traffic, vandalism and garbage on my property is already out of control, To add 20 more units and 23 more vehicles in the parking lot is just going to make it even harder to have a nice family dwelling on this street. We are also concerned about the privacy with windows and balconies being in our backyard and people looking down onto our yard, loses all of our privacy. Yours truly The Hoelscher's Sent trom my uaiaxy Page 63 of 410 Eric Schneider From: Colleen Stewart Sent: Friday, June 3, 2022 5:57 PM Subject: [EXTERNAL] Application for Development 1257 and 1265 Ottawa St. S, Kitchener Good morning - I live at , one of the homes that would potentially be directly behind your proposed development. I have lived in this neighbourhood for a very long time, and spend a great deal of time in the backyard enjoying nature and de -stressing in a quiet, relaxed, secluded atmosphere. I enjoy reading and gardening in our backyard. This proposal is extremely upsetting and disappointing. The homes this development would replace are not derelict, or run down properties. They are existing homes with tenants living in them who understand the neighborhood and the neighbours. We wholeheartedly welcome new members into our community as properties transfer ownership, but the noise level from this many added units, some facing directly into our yard will cause a huge disruption to the enjoyment of our home and yard, not to mention increased traffic in an intersection that is already extremely busy and heavily used. Your development would not only change the dynamics of our neighborhood, but will affect my personal comfort level outside, the enjoyment of my property, and I am baffled as to why you would choose this location for your proposal. 1100% do not support this proposal. Colleen Stewart Sent from my iPhone Page 64 of 410 Eric Schneider From: Sent: Wednesday, June 1, 2022 5:42 PM To: Eric Schneider Subject: [EXTERNAL] 1257 & 1265 Ottawa St S Hi Eric, We received the proposed development card. How do we say we don't approve of this development? We represent A few of the concerns are: 1. The reduction of our home equity value 2. The total blockage of our solar panels that we still have another 15 years of contract on. 3. The increased vehicle traffic 4. The increased people and their noise 5. The proximity of the proposed unit to our building 6. Lack of privacy 7. Retaining wall causing a danger (lack of view to busy traffic) to enter and exit our driveway. We already have enough rear end collisions in front of Valleyview plus the number of people that blow past the school bus that stops there in the morning. 8. Were is all the water going to be drained to? I'm sure when we really have time to think about it, there will be other concerns. Thanks Jami Minda 1 Page 65 of 410 wo ao W J WU Qom o 4� Z a� � � m�d=d do m � dd wwd�dwdd mw �m m<�am wdm dm w d wd dm dddomo- _�� e e _e °e, �� ° �¢ ��aaab ®a®® ® waw ¢a5 0 ogE - O ^� 0 w aIHDdllaiWIs AVM3nIHO ONINOZ Z—� 1ltlHdstl 9b5b M9blboZbN �-o .. 6.00 1 �..�.. 00�?S6A4i9� ..��3tl003SN33 oatl0n � . —z, ` •• O N tl913SOMIOISHOIH 1NIWos 5.50 6.70 6.70 6.70 5.50 SLS 0 �DOr o y� 0 0 mEl 0 > i Im Al ':a•vuu P'�ienoaU O > I� O 'M ONIM 333MMOONIM 'M ONIM �" v /• ¢ > > i m o I o 988 58'8 v ¢ > m m J I m.a -j6, N 1 0 n 3 r •-------�—�—D E. IZ — r`����� m U J NO Q O o i I CL ¢ n \ 5.50 a L .50 • ... � LU ZNU v LLL •p ¢ Q z_ 7.30 5.50 •�y U5O - w NIS • U - o sy m N Z m Uz z•g LU V) v 0 a- > v I A O Q r --�--- ------ ----- O Y o �z w I __ 0 � • ONIM 333MMOONIM MONIM �`0' �g ,r,m L..—.. ..—..—..�..—.. 7stl913saatln30lsaola3lNlWos .� ����tlM 9NINItl13a M9£6£oZbN G ]3N33 Oatl09 000M c3 1 NVd `Z 1db'd ntlM3nla0 z ntlHdetl zI OdHObSdO ]TOMS N ONINOZCL Z d Q 00 w Staff Report r NJ :R Development Services Department www.kitchener.ca REPORT TO: Planning and Strategic Initiatives Committee DATE OF MEETING: December 5, 2022 SUBMITTED BY: Garett Stevenson, Interim Director of Planning, 519-741-2200 ext. 7070 PREPARED BY: Eric Schneider, Senior Planner, 519-741-2200 ext. 7843 WARD(S) INVOLVED: Ward 2 DATE OF REPORT: November 9, 2022 REPORT NO.: DSD -2022-462 SUBJECT: Draft Plan of Condominium (Vacant Land)- 30CDM-22217 3241-3247 King Street East and 108 Cameo Drive Day Nominee Corporation RECOMMENDATION: That the City of Kitchener, pursuant to Section 51(31) of the Planning Act R.S.O. 1990, c.P.13, as amended, and By-law 2002-164 of the City of Kitchener, as amended, grant draft approval to Condominium Application 30CDM-22217 for 3241-3247 King Street East and 108 Cameo Drive in the City of Kitchener, subject to the conditions shown in Appendix "A". REPORT HIGHLIGHTS: • The purpose of this report is to provide a planning recommendation to grant draft approval for the proposed Vacant Land Condominium for the property located at 3241-3247 King Street East and 108 Cameo Drive. • The building design, height, and density have all been approved and are not subject to Council approval. Council's consideration on this matter is limited to matters of draft approval of the vacant land condominium only. • Community engagement for the Vacant Land Condominium included: o Circulation of a notice letter to owners of property within 240 metres of the subject property; o Staff received 16 written neighbourhood responses, resulting in several follow up phone conversations; and, o Notice of the public meeting was advertised in The Record on November 18, 2022. • This report supports the delivery of core services. EXECUTIVE SUMMARY: The owner of the property at 3241-3247 King Street East and 108 Cameo Drive is proposing to obtain draft approval for a 4 -unit Vacant Land Condo (VLC), three (3) of the units each comprising of a residential tower building and the fourth unit comprising of an above grade parking structure to allow for the phasing of construction. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 67 of 410 Staff is supportive of the proposed application that would facilitate the construction of the residential development on the subject site. BACKGROUND: The Owner, Day Nominee Corporation, has made application to the City of Kitchener for a Draft Plan of Vacant Land Condominium. Figure 1: Location map The subject property is an irregular-shaped through lot, with frontage onto King Street East and Cameo Drive. The subject property is split -identified as `Community Area' and `Urban Corridor' on Map 2 — Urban Structure and is designated `High Rise Residential' on Map 3 — Land Use in the City's 2014 Official Plan. The subject property is zoned `Residential Nine Zone (R-9)' with Special Regulation Provision 169R in Zoning By-law 85-1. The property is zoned `High Rise Residential Seven Zone RES -7' in Zoning By-law 2019-051 (currently under appeal). The applicant has submitted a Site Plan Application (SP21/107/K/ES) and received Approval in Principle (AIP) for a 3 tower development, providing 946 dwelling units with underground, structured, and surface parking. The proposed 3 towers are approved with heights of 24, 23, and 19 storeys. A Minor Variance application (A2022-039) to facilitate the development was approved by the Committee of Adjustment on April 8, 2022. REPORT: The owner of the subject lands is proposing a vacant land condominium which will consist of a total of 4 units. Three of the units will each contain a residential tower. One unit will be the parking garage, in shared use by the three tower units and in shared ownership of the residential towers. The 946 residential units are not proposed to be created as condominium units within the proposed vacant land condominium; rather, they are proposed to be rental units. Internal drive aisles, walkways, and landscaped areas make up the common elements. Page 68 of 410 The vacant land condominium application proposes to create units 1 through 4 and a common element area as shown on the Vacant Land Condominium Plan (attached as Appendix "A"). The purpose of the vacant land condominium application is to permit the individual conveyance of each tower unit for financing and phasing purposes. Provincial Policy Statement, 2020 The Provincial Policy Statement (PPS) sets the policy foundation for regulating the development and use of land. The PPS promotes building healthy, liveable and safe communities, the efficient development of lands and provision of a range of housing types and densities. Housing related policies in the PPS encourage providing an appropriate range and mix of housing options and densities to meet projected market-based needs of current and future residents. The PPS also promotes directing the development of new housing towards locations where appropriate levels of infrastructure and public service facilities are available to make efficient use of land. The proposed development is consistent with the PPS. A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 (Growth Plan): The Growth Plan promotes development that contributes to complete communities, creates street configurations that support walking, cycling and sustained viability of transit services and which creates high quality public open spaces. Policy 2.2.6.1(a) states that municipalities will support housing choice through the achievement of the minimum intensification and targets in this Plan, as well as the other policies of 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. Planning staff are of the opinion that the applications conform to the policies of the Growth Plan. Regional Official Plan (ROP), 2010: The subject site is located within the Urban Area and Built -Up Area in the Regional Official Plan. Permitted uses of the Urban Area and Built -Up Area in the ROP include a mix of housing uses including condominium units. Regional policies support a diverse range and mix of permanent housing options including the housing style proposed through this application. The subject lands fall within the `built boundary' delineated by the Province in the Growth Plan and identified in the Regional Official Plan. Policy 2.C.2 sets a target of 45% of new residential development to occur within the Built -Up area (as opposed to an urban greenfield area). This proposal would contribute to that target and represents reurbanization within the built-up area that results in a higher density than existed previously. In addition, Policy 2.D.1 states that in reviewing development applications, the Region and area municipalities will ensure that development occurring within the urban area is planned and developed in a manner that: • is serviced by a municipal; drinking -water system and a municipal wastewater system • protects the natural environment, and surface water and groundwater resources • respects the scale, physical character, and context of established neighbourhoods in areas where reurbanization is to occur. Based on staff review and comments from the Region of Waterloo, staff is of the opinion that the application conforms to the Regional Official Plan. City Official Plan Page 69 of 410 The subject property is split -identified as `Community Area' and `Urban Corridor' on Map 2 — Urban Structure and is designated as `High Rise Residential' on Map 3 in the City's Official Plan (OP). Community Areas are intended to primarily serve as residential areas, and can be Low, Medium, or High Rise in scale. Lands located within the High Rise Residential designation in the Official Plan are intended to accommodate high density multiple dwellings to achieve a high intensity of residential use. The City's Official Plan contains policies that speak to provision of housing Policy 4.C.1.22: The City will encourage the provision of a range of innovative housing types and tenures such as rental housing, freehold ownership and condominium ownership including common element condominium, phased condominium and vacant land condominium, as a means of increasing housing choice and diversity. Policy 4.C.1.9. Residential intensification and/or redevelopment within existing neighbourhoods will be designed to respect existing character. A high degree of sensitivity to surrounding context is important in considering compatibility. Policy 4.C.1.12. The City favours a land use pattern which mixes and disperses a full range of housing types and styles both across the city as a whole and within neighbourhoods. Based on the above housing policies, staff is of the opinion that the application conforms to the Official Plan. Department and Agency Comments: A copy of all comments received from the commenting agencies and City departments are attached as Attachment "C". There are no outstanding concerns with the proposed applications. Community Input and Staff Responses: Staff received 16 written responses from residents (attached as Attachment "D"). Comments and questions were mostly related to existing and potential increased traffic on King Street East, and the potential for a pedestrian crossing of King Street East based on existing conditions. Planning Staff worked with Regional Transportation Staff to gain information on the regional review of the Transportation Impact Study (TIS) and how it related to traffic and pedestrian crossing potential. Current provincial traffic standards do not allow pedestrian crosswalks on roads with a speed limit of 60KM/h, such as King Street East. Regional Traffic Staff are starting a task force to look into the potential for pedestrian crosswalks on roads with 60KM/h speed limits. Planning Staff were able to provide responses directly to the residents by phone and email to answer questions and listen and understand their concerns. The applicant has received Approval in Principle (AIP) for a 3 tower development that is permitted under the current zoning. A Minor Variance application (A2022-039) to facilitate the development was approved by the Committee of Adjustment on April 8, 2022. The building design, height, and density have all been approved and are not subject to Council approval. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: There are no financial implications associated with this recommendation. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the committee meeting. A notice of the public meeting was placed in the newspaper on November 18, 2022 (Appendix "B"). Page 70 of 410 CONSULT — The Application was circulated to property owners within 240 metres of the subject lands on September 9, 2022, as per Planning Act requirements. This report will be posted to the City's website with the agenda in advance of the Committee meeting. PREVIOUS REPORTS/AUTHORITIES: • Zoning By-law 85-1 • Zoning By-law 2019-051 • City of Kitchener Official Plan, 2014 • Regional Official Plan, 2010 • Provincial Policy Statement, 2020 • Planning Act, 1990 • A Place to Grow, Growth Plan, 2020 • Minor Variance A2022-039 REVIEWED BY: Malone -Wright, Tina— Interim Manager of Development Review, Planning Division APPROVED BY: Readman, Justin - General Manager, Development Services ATTACHMENTS: Attachment "A" — Draft Approval Conditions and Draft Plan of Condominium 30CDM-22217 Attachment "B" — Newspaper Notice Attachment "C" — Department and Agency Comments Attachment "D" — Neighbourhood Comments Attachment "E" — Site Plan SP21/107/K/ES (Approved in Principle) Page 71 of 410 Attachment "A" DSD -2022-462 DRAFT PLAN OF CONDOMINIUM 30CDM-22217 3241-3247 King Street East and 108 Cameo Drive Day Nominee Corporation RECOMMENDED CONDITIONS OF DRAFT APPROVAL That the City of Kitchener, pursuant to Section 51(31) of the Planning Act R.S.O. 1990, c.P.13, as amended, and by By-law 2005-170, as amended by By-law 2007-042, of the City of Kitchener, hereby grants draft approval to Condominium Application 30CDM-22217 for 3241-3247 King Street East and 108 Cameo Drive in the City of Kitchener, subject to the following conditions: That this approval applies to Draft Plan of Condominium Plan of Condominium 30CDM- 22217 owned by Day Nominee Corporation prepared by J.D Barnes Limited, dated October 14, 2022, proposing a Vacant Land Condominium Plan comprised of 4 units and common elements. Units 1-3: Residential Towers Unit 4: Parking Structure Common Elements: Drive aisles, walkways, landscaped areas. 2. That the final plan shall be prepared in general accordance with the above noted plan, with a copy of the final plan being approved by the City's Manager of Development Review. 3. That prior to registration, the Owner obtain approval form the City's Addressing Analyst of the following: a. An addressing plan showing the proposed units with Condominium Unit Numbering; and; b. A summary table containing the proposed Condominium Unit Numbering and assigned municipal addresses. 4. That the Condominium Declaration proposed to be registered (the "Declaration") or any amendment thereto to effect the registration of a condominium phase shall be submitted for approval to the City's Manager of Development Review and Regional Municipality of Waterloo's Commissioner of Planning, Development and Legislative Services. The said Declaration shall contain: i) Provisions, to the satisfaction of the City's Manager of Development Review and Regional Municipality of Waterloo's Commissioner of Planning, Development and Legislative Services, regarding ownership details and rights and obligations for common elements including, but not limited to, access lanes, sanitary, storm and water services, gas utilities and open space/amenity areas, if any. In addition, the Declaration shall contain specific provisions 4 ii) through 4v), as outlined below, to the satisfaction of the City's Manager of Development Review. Page 72 of 410 ii) That the condominium corporation agrees to maintain the subject lands in compliance with approved Site Plan. iii) Provisions that obligate the condominium corporation to be created upon the registration of the Declaration and Description (the "Condominium Corporation") to implement and maintain any Region required salt management plan related to winter snow and ice clearing obligations of the Condominium Corporation; iv) Provisions that obligate the Unit Owners of the condominium plan to implement and maintain any Region required salt management plan related to winter snow and ice clearing obligations of the said Unit Owners. v) Provisions that identify if the approved condominium plan is to be phased pursuant to the Act that ensure that: a. the lands in the registered condominium plan created by the registration of the Declaration and Description have either direct access or access pursuant to one or more easements satisfactory to the City's Manager of Development Review and the Region's Commissioner of Planning, Development and Legislative Services to all required municipal and other services and such adjacent street(s) for ingress and egress as required by the said Manager and Commissioner; b. the lands in any phase registered after the initial registration of the Declaration and Description have, following the registration of such phase, either direct access or access pursuant to one or more easements satisfactory to the City's Manager of Development Review and the Region's Commissioner of Planning, Development and Legislative Services to c. all required municipal and other services and such adjacent street(s) for ingress and egress as required by the said Manager and Commissioner; d. the remainder of the lands of the approved condominium plan not yet registered as part of the proposed condominium plan have, following the initial registration of the Declaration and Description or any phase thereof, either direct access or access pursuant to one or more easements satisfactory to the City's Manager of Development Review and the Region's Commissioner of Planning, Development and Legislative Services to all required municipal and other services and such adjacent street(s) for ingress and egress as required by the said Manager and Commissioner. e. The City's Manager of Development Review and/or the Region's Commissioner of Planning, Development and Legislative Services may require solicitors' and/or engineers' written opinions as such Manager or Commissioner may deem necessary to establish compliance with any one or more of the conditions set out in the three subparagraphs immediately above. vi) Provisions that establish long term use of the site: a. vehicular access b. maintenance/repair paid by the condominium corporation Page 73 of 410 c. ownership of units d. allocation of parking to units. 5. That the Owner provide a written undertaking directed to the City's Manager of Development Review to register a Condominium Declaration which shall include the approved provisions as required in condition 4 hereof. 6. That the Owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property to the satisfaction of the City's Revenue Division. 7. That the Owner shall make arrangements for the granting of any easements for utilities and municipal services. The Owner agrees to comply with the following easement procedure: a. For any of such easements that are not blanket easements covering the whole property to provide drafts of any required reference plan(s) portraying the proposed easement(s) location for written approval by the City's Manager of Development Review prior to the registration thereof showing the proposed location of such easements and to circulate such draft reference plan(s) for comment to Kitchener Wilmot Hydro Inc., and any telecommunication companies and the City's Director of Engineering Services to ensure that there are no conflicts between the desired locations for utility easements and those easement locations required by the City's Director of Engineering Services for municipal services. b. If utility easement locations are proposed within lands to be conveyed to, or owned by the City, the Owner shall obtain prior written approval from the City's Manager of Development Review; and To provide to the City's Manager of Development Review a clearance letter from each of Kitchener Wilmot Hydro Inc. and the telecommunications company (ies) (if any) supplying telecommunication services to the property. Such letter shall state that company in question has sufficient wire -line communication/telecommunication infrastructure available within the proposed development and have received all required grants of easement, or alternatively, no easements are required. 8. That the Owner shall submit to the City of Kitchener a Letter(s) of Credit to cover 100 percent of the remaining cost of all outstanding and/or uncertified site development works to the satisfaction of the City's Manager of Development Review. If the approved condominium plan is to be phased according to the Act, the outstanding and/or uncertified site development works in question shall be only those outstanding and/or uncertified site development works within the lands to be included in the condominium plan by the upcoming registration in question. i) The Letter(s) of Credit shall be kept in force until the completion and certification of the required site development works in conformity with their approved designs. If a Letter(s) of Credit is about to expire without renewal thereof and the works have not been completed and certified in conformity with the approved designs, the City may draw all of the funds so secured and hold them as security to Page 74 of 410 guarantee completion and/or certification, unless the City Solicitor is provided with a renewal of the Letter(s) of Credit forthwith. ii) In the event that the Owner fails to complete the required site development works, to the satisfaction of the City's Manager of Development Review, then it is agreed by the owner that the City, its employees, agents or contractors may enter on the lands and so complete and/or certify the required site development works to the extent of the monies received under the Letter(s) of Credit. The cost of completion of such works shall be deducted from the monies obtained from the Letter(s) of Credit. In the event that there are required site development works remaining to be completed, the City may by by-law exercise its authority under Section 326 of the Municipal Act to have such works completed and to recover the expense incurred in doing so in like manner as municipal taxes. iii) Other forms of performance security may be substituted for a Letter(s) of Credit, at the request of the owner, provided that approval is obtained from the City Treasurer and City Solicitor. 9. That prior to the initial registration and subsequent amendment phases, the Owner shall provide documentation indicating that any required visitor parking, barrier free parking, rights-of-way for access and easements for servicing, including the maintenance thereof, have been provided over the lands included in preceding registrations as well as any adjacent development lands which are included in this application to the satisfaction of the City's Manager of Development Review. 10. That prior to the initial registration and subsequent amendment phases, where required, at the discretion of the Chief Building Official, that the Owner enter into a shared servicing agreement to be registered on title, to the satisfaction of the City Solicitor. 11. That the Owner/Developer agrees to stage development of this condominium in a manner satisfactory to the Commissioner of Planning, Development and Legislative Services and the City of Kitchener, including any easements or other requirements as a result of staging. 12. That prior to final approval, the Owner/Developer enter into a Registered development agreement with the Regional Municipality of Waterloo to implement the recommendations and mitigation measures contained in the noise study entitled "Noise and Vibration Feasibility Study, Proposed Residential Development, 3241-3248 King Street East and 108 Cameo Drive, Kitchener, Ontario" dated September 24, 2021, prepared by HGC Engineering Limited, including but not limited to the inclusion of solid parapet walls, glazing, acoustic barriers, installation of air conditioning within all buildings, and the implementation of the following noise warning clauses: "Purchasers and tenants are advised that despite the inclusion of noise control features in the development and within the building units, sound levels due to increasing road and rail traffic may continue to be of concern, and may occasionally interfere with some activities of the dwelling occupants as the sound levels exceed the Municipality and the Ministry of the Environment, Conservation and Parks. " "This dwelling 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 Page 75 of 410 levels are within the sound level limits of the Municipality and the Ministry of the Environment, Conservation and Parks." "Canadian Pacific Railway Company or its assigns or successors in interest has or have a rights-of-way within 300 meters from the land of subject hereof. There may be alterations to or expansions of the railway facilities on such rights-of-way in the future including the possibility that the railway or its assigns or successors as aforesaid may expand its operations, which expansion may affect the living environment or the residents in the vicinity, notwithstanding the inclusion of any noise and vibration attenuating measures in the design of the development and individual dwelling(s). CPR will not be responsible for any complaints or claims arising from use of such facilities and/or operations on, over or under the aforesaid rights-of-way." The above warning clauses shall also be included in the Condominium Declaration and all offers of Purchase and Sale/Lease/Rental Agreements to the satisfaction of the Regional Municipality of Waterloo. 13. That prior to final approval, the Owner/Development enter into a registered development agreement with the City of Kitchener agreeing to update the "Noise and Vibration Feasibility Study, Proposed Residential Development, 3241-3248 King Street East and 108 Cameo Drive, Kitchener, Regional Municipality of Waterloo, Ontario', dated September 24, 2021 as prepared by HGC Engineering Ltd." to provide an assessment of noise for the proposed buildings that include details relating to floor plans, building elevations, mechanical drawings, and equipment selections and agree to implement any recommendations of the study. 14. THAT prior to final approval, the Owner/Developer enter into a registered development agreement with the City of Kitchener to implement the following stationary noise warning clause within the Condominium Declaration and all offers of Purchase/Sale and Lease/Rental Agreements: " Purchasers and tenants are advised that due to the proximity of the nearby commercial facilities, sound levels from the facilities may at times be audible." 15. That prior to final approval, the Owner/Developer shall enter into a registered development agreement with the Regional Municipality of Waterloo to prohibit geothermal energy on site. Furthermore, the following prohibition shall be included within the Condominium Declaration and all offers of Purchase and Sale, Lease/Rental Agreements to the satisfaction of the Regional Municipality of Waterloo: Geothermal Wells shall be 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 metres unless the protective geologic layers overlaying a vulnerable aquifer have been removed through construction or excavation. Page 76 of 410 16. That prior to final approval, the Regional Municipality of Waterloo be provided with a copy of the registered development agreement between the Owner/Developer and the City of Kitchener prior to the final approval of the condominium plan. 17. That prior to final approval, that the Condominium Declaration be forwarded to the Commissioner of Planning, Development and Legislative Services at the Regional Municipality of Waterloo prior to final approval of the condominium plan. 18. That prior to final approval, the Owner/Developer include provisions for salt management within the Condominium Declaration for both unit owners and the condominium declaration to the satisfaction of the Regional Commissioner of Planning, Development and Legislative Services. CLEARANCES: That prior to the signing of the final plan by the City's Manager of Development Review, the Owner shall submit a detailed written submission outlining and documenting how conditions 3 through 10 inclusive have been met. The submission shall include a brief but complete statement detailing how and when each condition has been satisfied. 2. That prior to signing of the final plan by the City's Manager of Development Review, the Regional Municipality of Waterloo shall notify the City's Manager of Development Review that Conditions 4i),iii), iv), v) and 12 through 18 have been satisfied. NOTES: The owner is advised that the provisions of the Development Charge By-laws of the City of Kitchener and the Regional Municipality will apply to any future development on the site. 2. The condominium plan for Registration must be in conformity with Ontario Regulation 43/96 as amended, under the Registry Act. 3. It is the responsibility of the owner of this draft plan to advise the Regional Municipality of Waterloo Department of Planning, Development and Legislative Services and the City of Kitchener Development Services Department of any changes in ownership, agent, address and phone number. 4. The owner is advised that the Regional Municipality of Waterloo and City of Kitchener require fees, pursuant to Section 69 of the Planning Act, R.S.O. 1990, c.P. 13, for modification to draft approval and registration release of plans of condominium. 5. This draft plan was received on October 14, 2022 and deemed complete October 21, 2022 and shall be processed and finally disposed of under the Planning Act, R.S.O. 1990, c.P. 13, as amended as of that date. 6. To ensure that a Regional Release is issued by the Region's Commissioner of Planning, Development and Legislative Services to the City of Kitchener prior to year end, it is the responsibility of the owner to ensure that all fees have been paid, that all Regional conditions have been satisfied and the required clearance letters, agreements, prints of plan to be registered, and any other required information or approvals have been deposited with the Regional Planner responsible for the file, no later than December 15th for consideration. Page 77 of 410 Regional staff cannot ensure that a Regional Release would be issued prior to year end where the owner has failed to submit the appropriate documentation by this date. 7. When the proposed Description or any amendment thereto to effect the registration of a phase has been completed and approved by the Land Titles Office the same should be forwarded to the City of Kitchener. If the plans comply with the terms of the approval, and the City of Kitchener has received all required fees, the Regional Release and satisfactory evidence that all conditions of approval have been satisfied, the Manager of Development Review signature will be endorsed on the Description plan or amendment thereto and it will be forwarded to the Land Titles Office for registration. The following is required for registration and under The Registry Act and for our use: Two (2) original mylars Five (5) white paper prints One (1) digital copy Page 78 of 410 FBI 4-0 E U co Q >ff § � 6J r, �I ♦off w \� h% ��� � vv { Loj b 11Nn - ------ `-- -- - ---- ------ Z 11Nf zw S1N3W313 NOWWO� az', S1N3W313 1 NON 00 MA �a N e e k b 11Nn 11 d` I � Z 11Nf1 L - FBI 4-0 E U co Q >ff § � 6J r, �I ♦off w \� h% ��� � vv { Loj b 11Nn - ------ `-- -- - ---- ------ Z 11Nf zw S1N3W313 NOWWO� az', S1N3W313 1 NON 00 MA �a N e e k b 11Nn 11 i`s3 I � Z 11Nf1 L - FBI 4-0 E U co Q >ff § � 6J r, �I ♦off w \� h% ��� � vv { Loj b 11Nn - ------ `-- -- - ---- ------ Z 11Nf zw S1N3W313 NOWWO� az', S1N3W313 1 NON 00 NOTICE OF PUBLIC MEETING� fora development in your neighbourhood 3241-3247 King Street East Et 108 Cameo Drive ;: r Concept Drawing Vacant Land High Rise 946 Dwelling Condominium Residential Units Have Your Voice Heard! Date: December 12, 2022 Time: 3:00 p.m. Location: Council Chambers, Kitchener City Hall 200 King Street West orVirtual 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.kitchenenca/ Pla n n i ngAppl ications or contact: Eric Schneider, Senior Planner 519.741.2200 x 7843 eric.schneider@ kitchener.ca An application fora Draft Plan of Vacant Land Condominium will be considered for the lands located at 3241-3247 King Street East and 108 Cameo Drive. The applicant is proposing a vacant land condominium which will consist of 4 units representing each of the residential buildings and the parking structure. The unit breakdown is as follows: • Unit 1- 24 storey tower with 304 residential dwelling units • Unit 2- 23 storey tower with 374 residential dwelling units Page 80 of 410 • Unit 3-19 storey tower with 268 residential dwelling units • Unit 4- 3 storey parking structure Attachment C Region of Waterloo Eric Schneider Senior Planner City of Kitchener 200 King Street West, 6th Floor P.O. Box 1118, Kitchener, ON N2G Dear Mr. Schneider, PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES Community Planning 150 Frederick Street 8th Floor Kitchener Ontario N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4466 www. regionofwaterl oo.ca Monika Oviedo (226) 753-8303 File: 30CDM-22217 November 4, 2022 Re: Notice for Application for Draft Approval - Plan of Condominium (Vacant Land) 30CDM-22217 3241-3247 King Street East and 108 Cameo Drive MHBC Planning Ltd. on behalf of Day Nominee Corporation CITY OF KITCHENER The Region has prepared the following comments relating to the above noted Vacant Land Plan of Condominium application at 3241-3247 King Street East and 108 Cameo Drive in Kitchener. The purpose of these comments is to identify any items that need to be addressed prior to draft approval and those recommended as conditions of approval. The applicant has proposed a vacant land condominium consisting of three units, each proposed to contain a residential building and a common element area. Each unit will contain a residential building as follows: Unit 1: a 24 storey tower with 304 residential dwelling units Unit 2: a 23 storey tower with 374 residential dwelling units Unit 3: a 19 storey tower with 268 residential dwelling units The common element area is comprised of a 3 -storey parking structure with a roof top amenity space, underground parking, surface drive aisles, surface parking, landscaped areas, walkways, and bicycle racks. The parking areas for each corresponding tower will be identified as "Exclusive Use Areas" for their respective parking spaces. Document Number: 4214401 Version: 1 Page 81 of 410 The subject lands are located in the Urban Area of the Region and are Designated Built - Up Area in the Regional Official Plan. In addition, the subject lands are designated High Rise Residential in the City of Kitchener Official Plan and zoned Residential Nine (R9) with Special Regulation 169 in the City of Kitchener Zoning By-law 85-01.This site has received Site Plan Approval in Principle (Municipal File No. SP21/107/K/ES). These comments relate to the Draft Plan of Vacant Land Condominium prepared by J.D. Barnes Limited Ontario Land Surveyors; dated September 2, 2022; Reference No.21-40-460-02: Regional Comments Community Planning The subject lands are designated "Urban Area" and "Built -Up Area" on Schedule 3a of the Regional Official Plan (ROP) and High Rise Residential in the City of Kitchener Official Plan. Permitted uses of the Urban Area and Built -Up Area in the ROP include urban uses such as residential uses, among others. Regional staff received an unsigned copy of the draft plan for review. Please be advised that both the Owner and Surveyor must sign the plan in accordance with Section 51(17) of the Ontario Planning Act. Regional Staff have no objection to the application, pending the updates to the plan and subject to the conditions outlined below. Corridor Management Regional staff have reviewed the study entitled "Noise and Vibration Feasibility Study, Proposed Residential Development, 3241-3248 King Street East and 108 Cameo Drive, Kitchener, Regional Municipality of Waterloo, Ontario" dated September 24, 2021, prepared by HGC Engineering Limited. The study was completed in support of the draft plan of Condominium Application at 3241-3248 King Street East and 108 Cameo Drive, Kitchener. The study concludes that the primary sources of traffic noise in the area are road traffic on King Street East to the north and Highway 8 to the south, as well as rail traffic on the Canadian Pacific (CP) railway to the north. The following recommendations are provided: Recommendations for Traffic Noise Control The study finds that the road and rail traffic noise levels exceed Ministry of the Environment, Conservation and Parks (MECP) plane -of -window sound level criteria during daytime and nighttime hours at the proposed residential development. Acoustic barriers and increased height of parapets are required for the at grade amenity space and rooftop terrace amenity spaces. Air conditioning is required for the proposed buildings. Upgraded building and glazing constructions are also required for the proposed buildings. When detailed floor plans and building elevations are available, an Document Number: 4214401 Version: 1 Page 82 of 410 acoustical consultant should provide revised recommendations based on actual window to floor area ratios. Outdoor Livinq Areas (OLAs) A common amenity area is located at grade to the north of Building C. The predicted sound level in the common OLA (prediction location [J]) is 62 dBA, 7 dBA in excess of the MECP limit of 55 dBA. An acoustic barrier 3.1 m in height is required to reduce the sound level in the OLA to 59 dBA. A rooftop terrace is located on the 16th storey roof of Building C. The predicted sound level in the rooftop terrace (prediction location [K]) is 63 dBA, 8 dBA in excess of the MECP limit of 55 dBA, with a minimum 1.07 solid parapet wall along the roof edge. With an increased height of the solid parapet wall to 2.8 m, the sound level on the terrace would be reduced to 59 dBA. A rooftop terrace is located on the 16th storey roof of Building B. The predicted sound level in the rooftop terrace (prediction location [L]) is 64 dBA, 9 dBA in excess of the MECP limit of 55 dBA, with a minimum 1.07 solid parapet wall along the roof edge. With an increased height of the solid parapet wall to 3.1 m, the sound level on the terrace would be reduced to 59 dBA. A rooftop terrace is located on the 15th storey roof of Building A. The predicted sound level in the rooftop terrace (prediction location [M]) is 64 dBA, 9 dBA in excess of the MECP limit of 55 dBA, with a minimum 1.07 solid parapet wall along the roof edge. With an increased height of the solid parapet wall to 2.8 m, the sound level on the terrace would be reduced to 59 dBA. Consideration could be given in detail design to relocating amenity spaces to the shielded side of the buildings from Hwy 8. For acoustic purposes, acoustic barriers may be a combination of an acoustic wall and an earth berm. The noise wall shall be solid and free of gaps with a minimum density of 20 kg/mI. The noise wall should be structurally sound, appropriately designed to withstand wind and snow load, and constructed without cracks or surface gaps. Central Air Conditioninq The predicted nighttime sound levels at the proposed buildings exceed 65 dBA during the daytime hours and 60 dBA during the nighttime hours and a result, air conditioning systems are required so that windows may remain closed. The location, installation and sound ratings of any outdoor air conditioning equipment such as rooftop condensers should minimize noise impacts and comply with criteria of MECP publication NPC -300, as applicable. Buildinq Facade Constructions Future traffic sound levels at the facades of the proposed buildings will exceed MECP criteria. MECP guidelines recommend that the windows, walls and doors be designed so that the indoor sound levels comply with MECP noise criteria. Document Number: 4214401 Version: 1 Page 83 of 410 Exterior Wall Constructions The exterior walls of the proposed buildings may include precast/masonry panel portions, as well as spandrel glass panels within an aluminum window system. In this analysis, it has been assumed that sound transmitted through elements other than the glazing elements is negligible in comparison. For this assumption to be true, spandrel or metal panel sections must have an insulated drywall partition on separate framing behind. Exterior Doors There may be swing doors and some glazed sliding patio doors for entry onto the balconies from living/dining/bedrooms and some bedrooms. The glazing areas of the doors are to be counted as part of the total window glazing area. If exterior swing doors are to be used, they shall be insulated metal doors equipped with head, jamb and threshold weather seals. Acoustical Requirements for Glazing At the time of this report, detailed floor plans and elevations are not available. Assuming a typical window to floor area of 50% (40% fixed and 10% operable) for living/dining rooms and 40% (30% fixed and 10% operable) for bedrooms, the minimum acoustical requirement for the basic window glazing, including glass in fixed sections, swing or sliding doors, and operable windows, is provided in Table 7 of the study shown below. Table 7: Minimum Glazing Requirements for the Proposed Buildings Building Facade Glazing Requirements' Building A North STC -30 East OBC South STC -31 West OBC Building B North OBC East STC -31 South STC -33 West STC -31 Building C North OBC East STC -32 South STC -36 West STC -34 Notes: 1 Based on 5040 ,vindow to floor area ratio for livingy`d ring rooms and 40% for the bedrooms. NX'hen detailed floor plans and building elevations are available. glazing requirements should be refined based on actual window to floor area ratios. OBC— Ontario Building Code Regional staff are satisfied with the conclusions and recommendations of the environmental noise impact study, as they pertain to transportation noise. The conclusions and recommendations are as follows: Document Number: 4214401 Version: 1 Page 84 of 410 Transportation Noise: 1. The developer agrees to implement the recommendations of the report "Noise and Vibration Feasibility Study Proposed Residential Development 3241-3247 King Street East and 108 Cameo Drive, Kitchener" as prepared by HGC Engineering and further agrees that: 2. All Buildings: a) All units in the proposed development at 3241-3248 King Street East and 108 Cameo Drive, Kitchener must include the following building components: a. central air conditioning for all units; b. The exterior walls of the proposed buildings shall include precast/masonry panel portions, as well as spandrel glass panels within an aluminum window system. Spandrel or metal panel sections must have an insulated drywall partition on separate framing behind; and c. Exterior doors may be swing doors and some glazed sliding patio doors for entry onto the balconies from living/dining/bedrooms and some bedrooms. If exterior swing doors are to be used, they shall be insulated metal doors equipped with head, jamb and threshold weather seals. 3. All units in the proposed development at 3241-3248 King Street East and 108 Cameo Drive, Kitchener must include the following noise warning clauses in any agreements of Offers of Purchase and Sale, Lease/Rental Agreements, and/or Condominium Declarations: "Purchasers and tenants are advised that despite the inclusion of noise control features in the development and within the building units, sound levels due to increasing road and rail traffic may continue to be of concern, and may occasionally interfere with some activities of the dwelling occupants as the sound levels exceed the Municipality and the Ministry of the Environment, Conservation and Parks." "This dwelling 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 Municipality and the Ministry of the Environment, Conservation and Parks." 4. All units in the proposed development at 3241-3248 King Street East and 108 Cameo Drive, Kitchener will be located within 300m of the Canadian National Railway to the north. The following noise warning clause must be included in any agreements of Offers of Purchase and Sale, Lease/Rental Agreements, and/or Condominium Declarations: "Canadian Pacific Railway Company or its assigns or successors in interest has or have a rights-of-way within 300 meters from the land of subject hereof. There may be Document Number: 4214401 Version: 1 Page 85 of 410 alterations to or expansions of the railway facilities on such rights-of-way in the future including the possibility that the railway or its assigns or successors as aforesaid may expand its operations, which expansion may affect the living environment or the residents in the vicinity, notwithstanding the inclusion of any noise and vibration attenuating measures in the design of the development and individual dwelling(s). CPR will not be responsible for any complaints or claims arising from use of such facilities and/or operations on, over or under the aforesaid rights-of-way." 5. Barriers a) An acoustic barrier 3.1 m in height and the extent as indicated is required for the common amenity area located at grade to the north of Building C. b) A minimum 1.07 m high and the extent as indicated solid parapet wall along the roof edge with an increased height of the solid parapet wall to 2.8 m and the extent as indicated is required for rooftop terrace located on the 16th storey roof of Building C. c) A minimum 1.07 m high and the extent as indicated solid parapet wall along the roof edge with an increased height of the solid parapet wall to 3.1 m and the extent as indicated is required for rooftop terrace is located on the 16th storey roof of Building B. d) A minimum 1.07 m high and the extent as indicated solid parapet wall along the roof edge with an increased height of the solid parapet wall to 2.8 m and the extent as indicated is required for rooftop terrace located on the 16th storey roof of Building A. e) For acoustic purposes, acoustic barriers may be a combination of an acoustic wall and an earth berm. The noise wall shall be solid and free of gaps with a minimum density of 20 kg/m2. The noise wall should be structurally sound, appropriately designed to withstand wind and snow load, and constructed without cracks or surface gaps. Implementation That prior to the issuance of any building / occupancy permits, the City of Kitchener's Building Inspector will certify that the noise attenuation measures are incorporated in the building plans and upon completion of construction, the City of Kitchener's Building Inspector will certify that the dwelling units have been constructed accordingly. Stationary Noise Regional staff have reviewed 'Noise and Vibration Feasibility Study, Proposed Residential Development, 3241-3248 King Street East and 108 Cameo Drive, Kitchener, Regional Municipality of Waterloo, Ontario', dated September 24, 2021 as prepared by HGC Engineering Ltd. The study has identified off-site stationary noise sources as having a potential impact on the subject lands, including but not limited to Document Number: 4214401 Version: 1 Page 86 of 410 various commercial facilities that are significant in the context of the subject site, and sound from these facilities was not discernible over the traffic noise. Detailed building designs have yet to be provided and as such, the study did not identify potential on-site noise sources such as cooling towers, air handling equipment and underground garage exhaust system that may be associated with the development. These will require further assessment prior to Final Site Plan Approval to determine any impacts to the on-site and off-site sensitive receptors. Regional staff are satisfied with the conclusions and recommendations within the Noise and Vibration Feasibility Study at this stage. As the detailed design has yet to be known, as a condition of draft approval, the Owner/Developer shall provide a detailed noise and vibration study that includes details relating to floor plans, building elevations, mechanical drawings, and equipment selections. Furthermore, the equipment selected shall comply with the Ministry of Environment, Conservation and Parks (MECP) NPC - 300 Noise Guideline. Regional staff recommends the following noise -warning clause be registered on title for all dwelling units. It is recommended that the Developer/Owner enter into an agreement with the City of Kitchener and that the following clause(s) be included in agreements of Offers of Purchase and Sale, lease/rental agreements and in the condominium declaration. 1. "Purchasers and tenants are advised that due to the proximity of the nearby commercial facilities, sound levels from the facilities may at times be audible." 2. The Acoustical Consultant for the proposed development shall prepare a noise study addendum when floor plans, building elevations and mechanical drawings and equipment selections are available and confirm that mechanical equipment sound emissions comply with MECP Guideline NPC -300 at the development itself and other noise sensitive receptors in the neighborhood. Please provide detail dimensions (length and extent) of the proposed barriers. 3. That prior to the issuance of any building / occupancy permits, the City of Kitchener's Building Inspector will certify that the noise attenuation measures are incorporated in the building plans and upon completion of construction, the City of Kitchener's Building Inspector will certify that the dwelling units have been constructed accordingly. Hydrogeology and Water Programs The subject site falls within a Wellhead Protection Area- D. As a condition of draft approval, the Region shall require a prohibition on vertical closed-loop geothermal systems and all offers of Purchase and Sale/Lease/Rental Agreements. Vertical open - loop geothermal may be permitted to the satisfactory completion of a hydrogeological study to assess risk to nearby municipal supply wells. Shallow horizontal closed-loop geothermal design is permitted at this location. If a hydrogeological study is not submitted, HWP requests that a prohibition on vertical geothermal energy systems be included in the Condominium Declaration. Document Number: 4214401 Version: 1 Page 87 of 410 The following is the recommended wording for the prohibition: Geothermal Well(s) shall be a prohibited use 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 metres 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. Rent levels and house prices that are considered affordable according to the Regional Official Plan are provided below in the section on affordability. Should this application move forward, staff recommend that the applicant consider providing a number of affordable (affordable as defined in the Regional Official Plan) housing units on the site. In order for affordable housing to fulfill its purpose of being affordable to those who require rents or purchase prices lower than the regular market provides, a mechanism should be in place to ensure the units remain affordable and establish income levels of the households who can rent or own the homes. Staff further recommend meeting with Housing Services to discuss the proposal in more detail and to explore opportunities for partnerships or programs and mechanisms to support a defined level of affordability. For the purposes of evaluating the affordability of an ownership unit, based on the definition in the Regional Official Plan, the purchase price is compared to the least expensive of: Housing for which the purchase price results in annual accommodation costs which do not exceed 30 percent of gross $385,500 annual household income for low and moderate income households Housing for which the purchase price is at least 10 percent below the average $576,347 purchase price of a resale unit in the regional market area Based on the most recent information available from the PPS Housing Tables (2021). In order for an owned unit to be deemed affordable, the maximum affordable house price is $385,500. Document Number: 4214401 Version: 1 Page 88 of 410 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 $1,470 household income for low and moderate income renter households A unit for which the rent is at or below the Bachelor: $950 average market rent (AMR) in the 1 -Bedroom: $1,134 regional market area 2 -Bedroom: $1,356 3 -Bedroom: $1,538 4+ Bedroom: $3,997 Based on the most recent information available from the PPS Housing Tables (2021) In order for a rental unit to be deemed affordable, the average rent for the proposed units which have fewer than 3 bedrooms must be at or below the average market rent in the regional market area as shown above. For proposed units with three or more bedrooms, the average rent for the units must be below $1,470. Draft Plan of Condominium Conditions: The Region has no objections to draft approval of Vacant Land Condominium 30CDM- 22217, subject to the following conditions of Draft Approval: 1) THAT the Owner/Developer agrees to stage development of this condominium in a manner satisfactory to the Commissioner of Planning, Development and Legislative Services and the City of Kitchener, including any easements or other requirements as a result of staging; 2) THAT prior to final approval, the Owner/Developer enter into a Registered development agreement with the Regional Municipality of Waterloo to implement the recommendations and mitigation measures contained in the noise study entitled "Noise and Vibration Feasibility Study, Proposed Residential Development, 3241- 3248 King Street East and 108 Cameo Drive, Kitchener, Ontario" dated September 24, 2021, prepared by HGC Engineering Limited, including but not limited to the inclusion of solid parapet walls, glazing, acoustic barriers, installation of air conditioning within all buildings, and the implementation of the following noise warning clauses: "Purchasers and tenants are advised that despite the inclusion of noise control features in the development and within the building units, sound levels due to increasing road and rail traffic may continue to be of concern, and may occasionally interfere with some activities of the dwelling occupants as the sound levels exceed the Municipality and the Ministry of the Environment, Conservation and Parks." Document Number: 4214401 Version: 1 Page 89 of 410 "This dwelling 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 Municipality and the Ministry of the Environment, Conservation and Parks." "Canadian Pacific Railway Company or its assigns or successors in interest has or have a rights-of-way within 300 meters from the land of subject hereof. There may be alterations to or expansions of the railway facilities on such rights-of-way in the future including the possibility that the railway or its assigns or successors as aforesaid may expand its operations, which expansion may affect the living environment or the residents in the vicinity, notwithstanding the inclusion of any noise and vibration attenuating measures in the design of the development and individual dwelling(s). CPR will not be responsible for any complaints or claims arising from use of such facilities and/or operations on, over or under the aforesaid rights-of-way." The above warning clauses shall also be included in the Condominium Declaration and all offers of Purchase and Sale/Lease/Rental Agreements to the satisfaction of the Regional Municipality of Waterloo. 3) THAT prior to final approval, the Owner/Development enter into a registered development agreement with the City of Kitchener agreeing to update the "Noise and Vibration Feasibility Study, Proposed Residential Development, 3241-3248 King Street East and 108 Cameo Drive, Kitchener, Regional Municipality of Waterloo, Ontario', dated September 24, 2021 as prepared by HGC Engineering Ltd." to provide an assessment of noise for the proposed buildings that include details relating to floor plans, building elevations, mechanical drawings, and equipment selections and agree to implement any recommendations of the study. 4) THAT prior to final approval, the Owner/Developer enter into a registered development agreement with the City of Kitchener to implement the following stationary noise warning clause within the Condominium Declaration and all offers of Purchase/Sale and Lease/Rental Agreements: " Purchasers and tenants are advised that due to the proximity of the nearby commercial facilities, sound levels from the facilities may at times be audible." 5) THAT prior to final approval, the Owner/Developer shall enter into a registered development agreement with the Regional Municipality of Waterloo to prohibit geothermal energy on site. Furthermore, the following prohibition shall be included within the Condominium Declaration and all offers of Purchase and Sale, Lease/Rental Agreements to the satisfaction of the Regional Municipality of Waterloo: Geothermal Wells shall be 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 Document Number: 4214401 Version: 1 Page 90 of 410 geothermal well does not include a horizontal system where construction or excavation occurs to depths less than five metres unless the protective geologic layers overlaying a vulnerable aquifer have been removed through construction or excavation. 6) THAT prior to final approval, the Regional Municipality of Waterloo be provided with a copy of the registered development agreement between the Owner/Developer and the City of Kitchener prior to the final approval of the condominium plan; and, 7) THAT prior to final approval, that the Condominium Declaration be forwarded to the Commissioner of Planning, Development and Legislative Services at the Regional Municipality of Waterloo prior to final approval of the condominium plan. 8) THAT prior to final approval, the Owner/Developer include provisions for salt management within the Condominium Declaration for both unit owners and the condominium declaration to the satisfaction of the Regional Commissioner of Planning, Development and Legislative Services; Fees The Region acknowledges receipt of the Plan of Condominium review fee of $3,450.00 (received/deposited September 23, 2022). General Comments 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 decision pertaining to this application. Should you have any questions, please do not hesitate to contact me. Yours truly, IP! Monika Oviedo Senior Planner C. Day Nominee Corporation (Owner) MHBC Planning Ltd. (Applicant) Document Number: 4214401 Version: 1 Page 91 of 410 Gtand Riper C'7 a o i tion Pero September 19, 2022 Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca Eric Schneider Senior Planner City of Kitchener 200 King Street West Kitchener ON N2G 4V6 eric.schneider(a_kitchener.ca Re: Draft Plan of Condominium 30CDM-22217 3241-3247 King Street East and 108 Cameo Drive Day Nominee Corporation Dear Mr. Schneider, Grand River Conservation Authority (GRCA) staff have reviewed the above -noted application for a vacant land condo. Recommendation The GRCA has no concerns in principle, however, acceptability of one common element area at 108 Cameo Drive should be confirmed. Documents Reviewed by Staff Staff have reviewed the Draft Plan (JD Barnes, revised September 2, 2022) submitted with this application, as well as previous plans for Site Plan Application SP21-107-K-ES. GRCA Comments The GRCA has reviewed this application as per our Provincial delegated responsibility to review natural hazards identified in Section 3.1 of the Provincial Policy Statement (PPS, 2020), as a public body under the Planning Act, and in accordance with Ontario Regulation 150/06, GRCA's Board approved policies, and our MOU with the Region of Waterloo. Page 1 of 2 Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River Page 92 of 410 Information currently available at our office indicates that the subject lands contain a floodplain and valley slope associated with Hidden Valley Creek. The residential development footprint is outside of any GRCA-regulated areas and we have no concerns in that respect. As previously noted on our November 8, 2021 comments for Site Plan Application SP21-107-K-ES, 108 Cameo Drive is proposed to be a natural common amenity area with a trail. Vive Development subsequently provided the GRCA with an amenity space plan (Aboud and Associates, revised February 8, 2022), and we commented at that time that no new private development is permitted in floodplains and riverine slopes greater or equal to a 20% gradient. Portions of the trail proposed in those natural hazards would only be permitted if it was a City project or secured by the City for public access. The regulatory flood elevation here is elevation is 319.0 metres (CGVD 28) or 318.6 metres (CGVD 2013). At this time, we cannot confirm the acceptability of this common element of the development proposal. If public access is confirmed and development is proposed in a GRCA regulated area, a GRCA permit will be required. We received a fee to review the related site plan application, and no additional fees are required. A separate fee will be required for any GRCA permits. We trust this information is of assistance. If you have any questions or require additional information, please contact me at 519-621-2763 ext. 2292 or theywood(a)grand river. ca. Sincerely, Trevor Heywood Resource Planner Grand River Conservation Authority Encl. Resource Mapping cc: Mark Hoculik, Vive Development Pierre Chauvin, MHBC Carrie Musselman, City of Kitchener Lenore Ross, City of Kitchener Page 2 of 2 Page 93 of 410 o F zQ N E O M_ U¢ o m -CD to L O L ¢ d' U Z N c C ! 21 r¢ Z w (7 m¢ a w m Y_�c�cNa cu i OY m (U4) < d ¢ -, E o E E L2m N L m m m v o m o¢ a a o o c o N m�nm J of rte-• E U L T N N N O d �+ Y Q J c C7 U d .X a m C7 ami W U U 9 - C I� cu O o a c o a .T .m m¢ U N C�C 3 (I c m y d O_ N j N N j 0 W W W W w a ;° _m E m - z M C — W W¢ U U O U O O H Y Y Y Y r� ����ooaa®a a��m�m�o SL > ❑ / J J J J a N W v� N, L N N U \, Ei in U) �a P°gin L T M rnE �_`O�'u v'�oLLE T m ° ❑ , rt- � k 0 N •i% !"y C , • , s $• '� ,� 3rd �. r { .i "` w_ r M1���� ' • t � � � f j4; c n; 1 Y 1 O i ��.ii II •� 5� Jj/ j,. � Condominium Circulation Response Form Notice for Application for Draft Approval - Plan of Condominium (Vacant Land) File Number: 30CDM-22217 Location: 3241-3247 King Street East and 108 Cameo Drive Owner: Day Nominee Corporation Cross Reference: Site Plan Application: SP21/107/K/ES Park Dedication requirements are outstanding for the site plan and are anticipated to be satisfied as cash in lieu of land through a Park Dedication Deferral Agreement. Any further changes to site plan SP21/107/K/ES should be reflected in the condominium application 30CDM-22217 and the Park Dedication Deferral Agreement. Parks & Cemeteries Department/Agency October 07 2022 Date Lenore Ross Signature of Representative Page 95 of 410 Hi Eric, Engineering's comments on the condo are that all SWM and Servicing are to be within the common element, and a statement to that effect be in the declaration. Thanks, Christine Goulet, C.E.T. Project Manager I Development Engineering 519-741-2200 Ext. 7820 Page 96 of 410 DEVELOPMENT SERVICES DEPARTMENT BUILDING DIVISION Robert Schipper, CBCO Manager of Building City Hall, P.O. Box 1118 200 King St. W., 51h Floor Kitchener, Ontario Canada, N2G 4G7 Phone: (519)741-2836 Fax: (519 741-2775 robert.schipperCa.kitchener.ca September 26, 2022 Attn: Day Nominee Corporation Subject: Vacant land Condominium application 30CDM-22217 for 3241 — 3247 King St E and 108 Cameo Drive, Kitchener Building Division has no concerns with the vacant land Condominium application. Thank you for giving us this opportunity to respond to this application. Sincerely, Robert Schipper, CBCO Manager of Building c.c. Eric Schneider Page 97 of 410 Eric Schneider From: Christie Kent <christie_kent@wrdsb.ca> Sent: Wednesday, October 5, 2022 2:18 PM To: Eric Schneider Subject: WRDSB Circulation Comments - 30CDM-22217 3241-3247 King St E and 85 Cameo You don't often get email from christie_kent@wrdsb.ca. Learn why this is important Good Afternoon Eric, The Waterloo Region District School Board (WRDSB) has reviewed the circulation for 30CDM-22217, which proposes a vacant land condominium with three units containing towers with a total of 946 residential units. The WRDSB offers the following comments for information and consideration: Student Accommodation At this time, the subject lands are within the boundaries of the following WRDSB schools: Franklin Public School (Junior Kindergarten to Grade 6); Sunnyside Public School (Grade 7 to Grade 8); and Eastwood Collegiate Institute (Grade 9 to Grade 12). The WRDSB's 2020-2030 Long -Term Accommodation Plan provides information on student enrolment and accommodation at these schools. Conditions of Draft ADDroval The WRDSB requests that the following is included within the conditions of draft approval: 1. That the Owner/Developer shall include the following wording in the condominium declaration to advise all purchasers of residential units and/or renters of same: a. "Despite the best efforts of the Waterloo Region District School Board (WRDSB), accommodation in nearby facilities may not be available for all anticipated students. You are hereby notified that students may be accommodated in temporary facilities and/or bussed to a school outside the area, and further, that students may, in future, be transferred to another school." b. "For information on which schools are currently serving this area, contact the WRDSB Planning Department at 519- 570-0003 ext. 4419, or email planning@wrdsb.ca. Information provided by any other source cannot be guaranteed to reflect current school assignment information." c. "In order to limit risks, public school buses contracted by Student Transportation Services of Waterloo Region (STS WR), or its assigns or successors, will not travel on privately owned or maintained right-of-ways to pick up and drop off students, and so bussed students will be required to meet the bus at a congregated bus pick-up point" Education Development Charges Please be advised that any development on the subject lands will be subject to the WRDSB's Education Development Charges By-law, 2021, as amended or any successor thereof and the payment of Education Development Charges may be required prior to the issuance of a building permit. Should you have any questions regarding the above, please do not hesitate to contact me. Thank you, Page 98 of 410 Christie Christie Kent McIP RPP Senior Planner Waterloo Region District School Board 51 Ardelt Avenue, Kitchener ON, N2C 2R5 C: 226-748-4803 T: 519-570-0003 Ext. 4459 E: christie kent(@-wrdsb.ca Page 99 of 410 A) That the developer shall include the following wording in the condominium declaration to advise all purchasers of residential units and/or renters of same: "In order to limit risks, public school buses contracted by Student Transportation Services of Waterloo Region (STSWR), or its assigns or successors, will not travel on privately owned or maintained right-of-ways to pick up and drop off students, and so bussed students will be required to meet the bus at a congregated bus pick-up point." B) That the developer enter into an agreement with the City of Kitchener to be registered on the title to the Property that provides: "All agreement of purchase and sale or leases for the sale or lease of a completed home or a home to be completed on the Property must contain the wording set out below to advise all purchasers of residential units and/or renters of same." "In order to limit risks, public school buses contracted by Student Transportation Services of Waterloo Region (STSWR), or its assigns or successors, will not travel on privately owned or maintained right-of-ways to pick up and drop off students, and so bussed students will be required to meet the bus at a congregated bus pick-up point." If you require any further information, please contact me by e-mail at Jordan. Neale@wcdsb.ca. Thank you, Jordan Neale Planning Technician, WCDSB 480 Dutton Dr, Waterloo, ON N2L 4C6 519-578-3660 ext. 2355 Page 100 of 410 Hydro One Networks Inc. Facilities & Real Estate P.O. Box 4300 Markham, Ontario DR 5Z5 www.HydroOne.com Courier: 185 Clegg Road Markham, Ontario L6G 1 B7 h y d r o one VIA E-MAIL ONLY TO eric.schneider@kitchener.ca September 19, 2022 Planning Division City of Kitchener Attention: Eric Schneider Dear Eric: Re: Draft Plan of Condominium, Day Nominee Corporation 3241-3247 king St E & 108 Cameo Drive City of Kitchener File: 30CDM-22217 Please be advised that Hydro One Networks Inc. ("HONI") has completed a preliminary review of the proposed plan of the above noted condominium application. As the subject property is abutting and/or encroaching onto a HONI high voltage transmission corridor (the "transmission corridor"), HONI does not approve of the proposed condominium at this time, pending review and approval of the required information. The comments detailed herein do not constitute an endorsement of any element of the condominium design or road layout, nor do they grant any permission to access, use, proceed with works on, or in any way alter the transmission corridor lands, without the express written permission of HONI. The following should be included as Conditions of Draft Approval: The developer must contact Lana Kegel, Senior Real Estate Coordinator at lana.kegel@hydroone.com to discuss all aspects of condominium design, ensure all of HONI's technical requirements are met to its satisfaction, and acquire the applicable agreements. 2. Prior to HONI providing its final approval, the developer must make arrangements satisfactory to HONI for lot grading and drainage. Digital PDF copies of the lot grading and drainage plans (true scale), showing existing and proposed final grades, must be submitted to HONI for review and approval. The drawings must identify the transmission corridor, location of towers within the corridor and any proposed uses within the transmission corridor. Drainage must be controlled and directed away from the transmission corridor. Any development in conjunction with the condominium must not block vehicular access to any HONI facilities located on the transmission corridor. During construction, there must be Page 101 of 410 no storage of materials or mounding of earth, snow or other debris on the transmission corridor. 4. At the developer's expense, temporary fencing must be placed along the transmission corridor prior to construction, and permanent fencing must be erected where lots directly abut the transmission corridor after construction is completed. 5. The costs of any relocations or revisions to HONI facilities which are necessary to accommodate this condominium will be borne by the developer. The developer will be responsible for restoration of any damage to the transmission corridor or HONI facilities thereon resulting from construction of the condominium. 6. HONI's easement rights must be protected and maintained. In addition, HONI requires the following be conveyed to the developer as a precaution: 7. The transmission lines abutting the subject lands operate at either 500,000, 230,000 or 115,000 volts. Section 188 of Regulation 213/91 pursuant to the Occupational Health and Safety Act, require that no object be brought closer than 6 metres (20 feet) to an energized 500 kV conductor. The safe vertical distance for 230 kV conductors is 4.5 metres (15 feet), and for 115 kV conductors it is 3 metres (10 feet). It is the developer's responsibility to be aware, and to make all personnel on site aware, that all equipment and personnel must come no closer than the safe vertical distance specified in the Act. All parties should also be aware that the conductors can raise and lower without warning, depending on the electrical load placed on the line. Our preliminary review only considers issues affecting HONI's transmission facilities and transmission corridor lands. For any proposals affecting distribution facilities (low voltage), the developer should consult the local distribution supplier. If you have any questions, please contact me at dennis.derango@hydroone.com or at 905-946-6237. Yours truly, AW4 &he;�o Dennis De Rango Specialized Services Team Lead, Real Estate Hydro One Networks Inc. Cc: Lan Kegel — Hydro One Networks Inc. File: 30CDM-22217 Page 2 of 2 Page 102 of 410 Eric Schneider From: Sent: To: Subject: You don't often get email from Dear Mr. Schneider, Attachment D William Day Thursday, September 15, 2022 1:42 PM Eric Schneider File Number 30CDM-22217 Learn why this is important In reference to the above file, I found it very difficult to read what was printed on the document with regards to each unit. Would it be possible to provide a clearer document that would give me a better understanding of the structures proposed for this property. An eMail containing pdf files would be fine. Thank you. Yours truly, William R. Day Page 103 of 410 Eric Schneider From: Sent: To: Subject: You don't often get"email from Dear Eric bernice williams Thursday, September 15, 2022 5:55 PM Eric Schneider 30CDM-22217 Learn why this is important Is the city crazy to approve a 24 storey building on a hill overlooking the expressway. This lot was approved for a 6 storey and who would think that this is even remotely more than an eye sore. The traffic on Old King is busy enough and I think this is absolutely crazy. I repeat Crazy to destroy the neighbourhood and bring this amount of destructive energy to this part of the neighbourhood. We do not have buses to accommodate and the whole look and feel of this neighbourhood will be destroyed not to say what the look will be. I will lose my view which has cost me a lot of money and I was assured that the max the building beside me would be 6 stories. Never the less the city must have been paid off off for this to even be considered and someone needs to stop this. One building would be awful above the 6 storey but what would 3 do. Money money money the city has gone crazy. I hope you live here so that you can see that this is terrible addition to a already busy and noisy place. Who is the builder? Is it the councillor wow what a surprise Bernice Williams Page 104 of 410 Eric Schneider From: J Moore Sent: Friday, September 16, 2022 4:57 PM To: Eric Schneider Subject: Notice of Application for Draft Approval - Plan of Condominium, 3241-3247 King St. E., and Cameo Drive, Kitchener You don't often get email from. Learn why this is important Hello Mr. Schneider: I have lived in this neighborhood for ten years. I have read the information you provided, and honestly it is very vague. All I know is that King Street East, in the section under question, is one lane in each direction, and is a VERY busy street at the present time. Consider even the small amount of 100 more cars, which is minimal for the proposal under consideration, and it becomes an accident waiting to happen. My experiences with walking in the neighborhood are rather unsafe. Cars often honk at me for not crossing the street quick enough. The posted speed limit is 60 km, cars often pass by at 80 km or more. Have you ever tried to turn left into my building? It is next to impossible. I joke with my friends who all say it must be noisy living between King Street and the expressway, and I say it gets quiet at 4 A.M. Sunday. I doubt that I would ever been able to afford to move into the proposed plan if it should proceed, nor any of my neighbors in this building. The information provided does not indicate the number of bedrooms, what about families who cannot afford to purchase a freehold home? Where are they to live? From the large number of units, I seriously doubt that there would be any three bedroom units in the entire proposal. So Mr. Schneider, you can indicate that I do not support the proposal to the powers to be. Regards, .Janet Moore Kitchener, ON Sent from Mail for Windows 1 Page 105 of 410 Eric Schneider From: Shannon Currie Sent: Sunday, September 18, 2022 1:24 AM To: Eric Schneider Subject: 3241-3247 King St East and 108 Cameo Drive [You don't often get email from . Learn why this is important at https://aka.ms/LearnAboutSenderldentification ] We don't need anymore condominiums in Kitchener aka Condo City, particularly in the Fairway Rd. Area which already has more traffic than it can handle at key times of the day. Don't bother emailing me back because you do whatever you want without listening to the public anyhow. Sent from my iPhone Page 106 of 410 Eric Schneider From: Sent: Tuesday, September 20, 2022 10:16 AM To: Eric Schneider Subject: Condo King East and Cameo feedback [You don't often get email frorr Learn why this is important at https://aka.ms/LearnAboutSenderldentification ] Eric I live at Kitchener. You have plans for King and Cameo. Are you also aware that 3 condo buildings are also being built next to me. All of these properties access King St E. plus there is another condo a few doors down. How can we get out onto King then when we already have difficulty getting out now. Have you checked access to King travel patterns? What kind of lower income apartments have you approved? I have grave concerns being a senior with limitations. To go to the bus to Ion, I have to cross King illegally and walk a block to access a bus. Someone should consider coming to king with a walker and cross to the bus stop. Carol Van Dyk Kitchener Sent from my ilDad 1 Page 107 of 410 Eric Schneider From: Sent: To: You don't often get email from Hi Eric, Friday, September 23, 2022 6:28 PM Eric Schneider Learn why this is important My name is Teresa Ochman ,I am the owner of the condo in I received the letter regarding the buildings on the 3241-3247 King St.E and 108 Cameo Dr. My question is ,if will be the access to that building from Cameo Dr. or just from the Kings St ? The 3 buildings will have all together 1046 unit, so the traffic will be much worse then now . Thank you , Teresa Ochman Page 108 of 410 Eric Schneider From: Sent: To: Subject: You don't often get email frorr Mr. Schneider, GREG SAMSON Saturday, October 1, 2022 8:42 PM Eric Schneider File Number 30CDM-22217 Learn why this is important Thank you for your Sept. 9/22 letter & enclosed Draft Plan of 3241-3247 King. St. E & 108 Cameo Dr., Kitchener. I have a few serious objections to the proposed plan and the requested "minor variances " to the Zoning By-law. First, I highly object to a 23 -storey building erected right in front of our Condo building which will be more than twice the height of our building. That building will tower over us leaving us in a day -long shadow with no sun entering our Unit. We will be closely overlooked and we will lose all our privacy and will have to keep our curtains drawn all day and all night throughout the year to keep out prying eyes from the proposed building. This will be especially bad if balconies are also proposed for the planned building. It will all make me more claustrophobic than I already am! That's not good for my mental health. Shadows all day and night and no sun all day all year will be depressing. I could agree with putting up an eight -storey building on the site, especially for "Unit 2" of the plan. Second, I object to the number of units for such a small surface area ... 946 units in three buildings on one site. With 2 to 3 people in each Unit that's more people in that small area than there is in most Villages in Ontario. It is NOT a MINOR VARIANCE the developer requested to go from 100 units/ha to 488 units/ha. That's a VERY MAJOR VARIANCE and is too excessive! There are many other locations in Kitchener on which a developer can put up more of their affordable housing units. They shouldn't have to pack them all into such a small space. Third, with 946 units there will be traffic bedlam trying to exit onto King Street East. It's already difficult now trying to exit our driveway to make a left turn East onto King Street East; the increase in traffic from the proposed Complex will make it nearly impossible to exit safely. We've already had a few collisions with people trying same (I was not one of them). The Developer's presumption that most people will use a bicycle is not reality. Most people will probably have at least one vehicle, even if they are low-income households. In Winter, practically no one will use a bicycle, and they will revert to vehicles. Even if most vehicles use Cameo Drive, there will still be many who will be entering and exiting via King Street East, presuming there will be entrance and egress from King Street East (this driveway would be necessary for Emergency vehicles). Fourth, there will certainly not be enough Visitors' Parking for these three buildings, so the overflow will most likely use OUR Visitors' Parking spaces. Our Condo Corporation has already spent thousands of dollars this year on By-law enforcement just on keeping unauthorized vehicles out of our Visitors' Parking from people who live in the few houses that are in our area. With the large number of units proposed for next door we will probably be more than tripling our expenses in this regard. Fifth, due to the high density of the proposed buildings increasing the density of residents in the area, the Market value of our building's units will be reduced by at least 25 to 40%. Even before the Mortgage rates started increasing recently, it was difficult to sell a unit in our building, due to prospective purchasers knowing that three residential towers would be going up adjacent to our building, and those units that DID sell went for much lower than what they should have. Sixth, there are a large number of trees on the proposed lots which birds use from year to year for nesting purposes. Presumably most will be removed, eliminating the birds' nesting places, and eliminating the greenery visible from our building's units. This will be a great loss to the birds and to the residents of our building. Also, our residents will lose our countryside views, as well as the many fireworks displays we see each time they are shown. Page 109 of 410 Seventh, while not a huge possibility, there is always a chance that the new building could collapse and fall toward and onto our building, despite all the building codes that the developer must follow. The buildings should be placed so that they are not within the distance it would take to fall on any adjacent buildings should they tip from ground level. Please forward to me a copy of the staff report and advise me when and where the future public meeting will take place. Thank you, Greg Samson Page 110 of 410 Eric Schneider From: Gary Woodrow Sent: Monday, October 3, 2022 3:12 PM To: Eric Schneider Subject: File Number 30CDM-22217 3241-3247 King Street East and 108 Cameo Drive [You don't often get email from Learn why this is important at https://aka.ms/LearnAboutSenderldentification ] Thank you for the opportunity to comment on this plan. I am very much in favour of the plan. I do have one concern. Adding the potential 946 units will add to the already busy traffic on King Street East. I live on Hofstetter Avenue and often it is difficult to turn onto King. If possible, I would suggest an extension of Cameo Drive turning North to meet King Street East at a new traffic light. This would allow an easy exit for the new condos and for the residents on Hofstetter Avenue. Additionally, it would cut down on the frequent speeding on King. Thanks! Gary Woodrow Sent from my iPhone Page 111 of 410 Eric Schneider From: Linda Lovegrove Sent: Monday, October 3, 2022 4:50 PM To: Eric Schneider Subject: file 30CDM-22217 [You don't often get email from Learn why this is important at https://aka.ms/LearnAboutSenderldentification ] I am writing as an owner and resident at Directly overlooking the two properties under consideration for development into three apartment towers. I understand the same developers are already approved to put a large tower at the old Schwaben club location just up the street, and I fully expect they will also get approval to build 946 units next door. The drive to add housing units without consideration for whether there is demand for the size and price of these units in a given location will clearly continue, and the city will accept any and all development despite limited efforts to collect input from neighbours. While I do support upward growth within city limits (to maintain the lovely and productive countryside that surrounds us), I would welcome some semblance of civic planning. Instead, it appears you are just wantonly putting up 25+ story buildings in every available patch of land, accepting any and all proposals from greedy developers. This particular development will remove all available green space on the two properties, save for some bush along Cameo. It currently contains a lot of mature trees that are easily 12 stories high, and is a vibrant wild space. It will literally tower over neighbouring condos, making our lives uncomfortable, dirty, and noisy for the 5 years over which construction is planned. What is the city planning to do in the neighbourhood to help compensate us for the loss of view and freedom of movement, let alone the decrease in property value? At least three floors of our condo will now look directly into a parking garage. The entire building on the other side is looking directly into one of the new towers. There appears to be absolutely no consideration of the surrounding properties in this development. No consideration of what the impact of additional traffic will be. No consideration of the kind of options this size of space could afford to create a community of different kinds of housing. Just three towers of small rental units, a very small percentage of which will actually be affordable for most. The rest can be priced with no limits on annual increases, according to someone's idea of market. Rental housing without rent controls does next to nothing to serve the population that needs it ... having lived 30 years in a rent controlled apartment in Toronto, I can attest to the kind of permanence and security that provides. If this city is going to continue building rentals, it must advocate to remove exemptions to the landlord tenant act for new builds, if it is the interests of residents that it cares about. At a minimum, I think the city should approve just two multi unit buildings on these properties, with sufficient parking contained underground each. Just as the neighbouring properties were allowed. Linda Lovegrove Page 112 of 410 Eric Schneider From: Sent: To: Subject: You don't often get email from File No: 30CDM-22217 Bob & Marg Gauthier c Tuesday, October 4, 2022 11:32 AM Eric Schneider 3241-3247 King St E and 108 Cameo Drive am why this is important Thank you for taking my call the other day regarding this development. As a resident of Cameo Terrace @3267 King St E, we are very concerned about the development as it is so out of scale with the adjoining properties. As you know, Cameo Terrace is a 6 storey condominium while the Regency is an 11 storey building. At 24, 23 and 19 storeys, the proposed development is completely out of scale with its surroundings. The current infrastructure in this area would seem to be less than adequate to support the density that this development proposes. Cameo Drive is at best, a minor back road dead -ends at Hwy 8 and was recently repaved (at taxpayer expense) for no particular reason except to support this development. We have to assume the city knew this going forward. If this is to be used as construction access for the new development, it will be destroyed by heavy vehicle traffic and will then have to be rebuilt (again at taxpayers expense). Cameo Drive connects to Hofstetter (stop sign) and then to King Street E. There is no stop light at this intersection. The layout of this development with a central parking garage looks to create an urban wasteland, completely at odds with the goals of many of these developments. The provision of a green space to the west of the property looks more like an excuse than any real effort to make this a liveable space. There is an article in the Record on Monday Oct 3 about this very subject. The current proposal seems intent on changing the whole character of this area of the city from one of relative peace to one of overwhelming activity. King St E is already operating at capacity at various times of the day. While this is a Regional Road, the planning process needs to take this into account. King St E has no stop lights and no crosswalks between Fairway and River. It is a 3 lane road with a left turn lane in the middle. A widening of this road seems unlikely in order to accommodate increased traffic from this development plus at least 2 more pieces of land that are ripe for development. There is an assumption by the developer that public transit and bicycles will take care of any excess traffic problems but again King has limited bus service (and definitely no plan for LRT) and no bike lanes at this time. At Cameo Terrace, we are concerned with the construction implications of this project as we do have an underground garage abutting the property line. While we have been assured that this will not be a problem, we still want this to be in the record. As the length of time that this project will be in construction is projected at 5 years, we also want to ensure that mitigation of noise, dust, construction materials, equipment storage and other related issues will be part of this undertaking. As discussed on the telephone, can you please send me a better copy of the drawing (s) that was included with your letter. A .pdf by email would be good. We look forward to your response. Bob and Marg Gauthier Page 113 of 410 Eric Schneider From: Karen lee Sent: Tuesday, October 4, 2022 10:31 PM To: Eric Schneider Subject: file number 30CDM-22217 You don't often get email from Learn why this is important Good evening Eric, My apologies for the late submission. I thought it was not due until the end of the month. My name is Karen Lee and I live at: My concerns for location 3241-3247 king street east and 108 cameo drive are as follows 1) the distance between _ and 3241-3247 king street east. They are literally building a couple of feet from the property line. This means they can easily step onto our property, it's disturbing that when you look out the window you will be able to see directly into the other building window! 2) the distance from the king street east It's difficult to get onto King street with the current traffic and with the building so close to the road its going to be difficult to see oncoming traffic since there is a bend in the road. 3) Traffic There should be traffic lights or pedestrian crossing to the bus stop at 3227 king street both ways as with increased traffic it's going to be very difficult to cross the street as it takes over 10 mins to cross. Someone will get hit and I've seen many people struggling to cross due to traffic. you dont see how bad traffic can get. 4)low income housing this is going to ruin the quietness of the area as its known that low income housing residents are not respectful and like to cause trouble 5) Parking spots Since there are fewer parking spots per unit the residents will be using parking at 3227 king street. 6) 3 units in a small area this was a nice area to live in and with the proposed 3 units it's going to take away the view of the trees, there are lots of nice trees, cause a lot of noise pollution, causing more traffic, making it difficult to exit 3227 king street, causing more danger to crossing the street There are many seniors that live here at the Regency and many of them have the same concerns as I do and I said I will represent them as they do not have access to emails. Thank you for your time Karen Page 114 of 410 Eric Schneider From: Cathryn Fischer Sent: Wednesday, October 5, 2022 9:26 AM To: Eric Schneider Subject: Re: Notice for Application for Draft Approval - Plan of Condominium (Vacant Land) File Number: 30CDM-22217 You don't often get email from Learn why this is important Dear Mr. Schneider I know I am a day late with this, but I want to add my concerns to your file, if that's still possible. We are terribly concerned that the vibration of the construction of the proposed buildings in the neighbouring lot will be too much for the foundation of our Cameo Terrace property. We are concerned that the drilling required, especially if something other than strictly caisson foundation walls are implemented, will cause serious damage to our building's stability. The proposed under -pinning for the new building placed below our existing building, thereby disturbing our base, is very concerning. The property also has a seasonal natural water feature which will create a bigger burden on the drainage system on King Street. On page 47 of the Proposal dated March 4, 2022, it is stated, "Emergency access has been considered through the site design which provides for direct access from the King Street East and Cameo Drive right of ways and through the site from King to Cameo Street as well as adequate turning radius and layby for emergency vehicles." We already have non Cameo traffic short -cutting through our property to get from King St. E. to Cameo Drive, and are concerned that our's will become an even more popular route as more traffic makes our driveway more appealing to drivers. I hope you can take the time to include these concerns in your considerations. Cathryn Ficr.hz.r Kitchener, Ontario Page 115 of 410 Patricia Gibbons 1 - - 3 Eric Schneider To: Carleigh Bilyea Subject: RE: File Number: 30CDM-22217 From: Carleigh Bilyea Sent: Thursday, October 6, 2022 7:41 PM To: Eric Schneider <Eric.Schneider@kitchener.ca> Subject: File Number: 30CDM-22217 You don't often get email from warn why this is important My name is Carleigh Bilyea. My boyfriend and I live at We received the letter in regards to 3241-3247 King Street east and 108 Cameo drive. We are opposing this development as it is going to be very close to is well as close to the street where it is already very difficult getting out onto King Street. There is not enough space in between the buildings which is a concern for noise. Thanks for your consideration, Carleigh Bilyea Get Outlook for iOS Page 118 of 410 Eric Schneider From: Sent: To: Subject: You don't often get email from Hello Eric, MARLA MOORE < _ Thursday, October 13, 2022 12:34 PM Eric Schneider 3241-3247 King Street E earn why this is important I was hoping you could help me locate some documents for 3241-3247 King Street E development of the three towers on that site. I usually can obtain documents from the app2.kitchener.ca/AppDocs/ website with all of the development documents, however I cannot find any on this one. It's for a work project. If you can send me the link where I can find these documents or send me these 4 files that would be greatly appreciated. Looking for Zoning by-law amendment application Planning Justification Report Site Plan Architectural/Elevation Drawings. Thanks so much! Marla Moore Page 119 of 410 Eric Schneider From: R&L South Sent: Thursday, October 27, 2022 12:34 PM To: Eric Schneider Cc: Dave Schnider Subject: Notice of Application for Draft Approval at 3241 -3247 King Street East 3.' f You don't often get email frc Learn why this is important t October 27, 2022 Hello Eric. Thanks for returning my call so promptly about this new apartment/condos housing future development along King Street East on the empty lots between the Cameo and Regency buildings. It appears 3 units are planning to be built.. with 19, 23 and 24 Storeys high. My husband and I recently moved to Fairview Towers, 3189 King Street East, after selling our home on Pandora. We have been quite surprised by the traffic flow on King Street East, especially exiting from the underground parking on to King Street. These are the items I would like the City and Region to consider: I understand a traffic study has been done, but I would like to suggest another one. 1. King Street East gets a lot of commuter traffic in the morning and again later in the date starting approx. 4:00 p.m. Although there is a turning lane, it is almost impossible to turn left towards Fairway Road. Many commuters prefer not to be on busy Highway 8 and choose King Street East as their alternate. Also Fairway Road is so busy later in the day and much traffic flows to King Street East from there. 2. There is a train track next to Heffner Motors and when the afternoon train runs traffic it backs up to River Road at times. 3. Elevate Condos: are currently being constructed (across from Revera's Briarfield Gardens retirement home). I believe there are 3 condos going up there. That will increase traffic flow on King Street E again. I don't know if that was considered in past traffic study. 4. Crosby Motors site: We understand that Crosby Motors is moving and that property is hoping to have apartments or condos as well. If that gets approval, more traffic will affect King Street E. 5. Pedestrian Traffic: There are many families and seniors residing in apartments and condos on King Street East. It is almost impossible to safely cross King Street E. due to current traffic, even when it's not rush hour(s). 6. Bus Stop (near Heffner's). I have seen many people using public transit trying to get across the street to access the bus stop with young families. Perhaps more traffic lights or a "safe" crosswalk may be needed. 7. Access to Community Centre: There is a path and gate to access our Community Centre from King Street however, it's too dangerous to cross the Street so people must go to Fairway Road to cross and back -track. It shouldn't be so dangerous to access a City Community Centre. 8. Noise Levels: There are no noise barriers along Highway 8 to control the noise pollution from the expressway. It's also impossible to comfortably enjoy the use of our balconies at Fairview Towers. More traffic on King Street would increase the noise levels affecting residents along King Street. Is there anything that can be done about that? 9. Freeport Hospital: King Street East is a main road to access this hospital from Kitchener. King Street East should be easily accessible to those needing to go to Freeport whether it's as a patient or visitor. There is also NO sidewalk on the left side to easily navigate to Freeport. There is no safe way to cross King Street to the hospital as a pedestrian. 10. It is also NOT safe to ride a bicycle on King Street East. More bike lanes are being added across the cities as biking has increased greatly over the past few years. Perhaps City s/b looking at adding lanes to King Street. Many like to go down to the Grand and enjoy trails. 11. Air traffic: I know we have seen increased flights from Waterloo Region in this area. Have the future flight paths and increased air travel with Flair Air and WestJet been taken into consideration. This new development on King Street East seems to be higher than the other buildings. Since King Street East is a Regional Road, I hope both the City and the Region will look at these concerns. 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S l.Ob, n ^ Z _ Q HW K W p[9N U az W cn H t M ss t 91 s O J W 0 "~ W o LU Y LUO n9tt 08 ( LU LU Z Z O W asOfi � W W � � C! •} a.s..ec.tH J Y Y � � s 107 % w J J d 0 - Cl) V) J J 3 pzgb a[IV i U °s sLUcn p- 66 i ry wS n lil H QL W W � O co W O 3o a N i Of U u � N N O O � p ' v N N } d U [O g W R M J J LL W U) 0 N � by O b4P ^ Y f OyM O 2Al }ac {q O 0 a ,^ Q w 0� = g�. w z£ Z w Y O N �4 0 �U)> f M W w (D EE w Z Q ZY O w OM Q U O M O 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 10 DATE OF REPORT: October 24, 2022 REPORT NO.: DSD -2022-448 SUBJECT: Official Plan Amendment OPA22/011/D/CD Zoning By-law Amendment ZBA22/018/D/CD 206 and 210 Duke Street East and 46 and 50 Madison Avenue North The Knossos Housing Corporation of Waterloo Region RECOMMENDATION: That Official Plan Amendment Application OPA22/011/D/CD for The Knossos Housing Corporation of Waterloo Region requesting a change in land use designation from `Medium Density Multiple Residential' to `Medium Density Multiple Residential' with Special Policy Area 8 to permit a multiple residential dwelling 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 -2022-448 as Appendix `A', and accordingly forwarded to the Region of Waterloo for approval; and That Zoning By-law Amendment Application ZBA22/018/D/CD for The Knossos Housing Corporation of Waterloo Region be approved in the form shown in the `Proposed By-law', and `Map No. 1, attached to Report DSD -2022-448 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 ZBA22/018/D/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 at 206 and 210 Duke Street East and 46 and 50 Madison Avenue North. It is planning staffs recommendation that the Official Plan and Zoning By-law Amendments be approved. The proposed Amendments support the creation of 100 dwelling units including 40 deepy affordable dwelling units and the development of `missing middle' housing in a Major Transit Station Area and directly responds to the need for more affordable housing during the current housing crisis. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 128 of 410 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 sign on the properties; o follow up one-on-one correspondence with members of the public; o Neighbourhood Meeting held on September 22, 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 owner of the subject lands addressed as 206 and 210 Duke Street East and 46 and 50 Madison Avenue North is proposing to change the Official Plan designation from `Medium Density Multiple Residential' to `Medium Density Multiple Residential' with Special Policy Area 8 in the City of Kitchener King Street East Secondary Plan, and to change the zoning from `Residential Seven Zone (R-7)' (46 and 50 Madison Avenue North) and `Residential Seven Zone (R-7) with Special Use Provision 480U and Special Regulation Provision 755R' (206 and 210 Duke Street) in Zoning By- law 85-1 to `Residential Seven Zone (R-7) with modified Special Regulation Provision 755R and Holding Provision 95H to further regulate parking; to increase the Floor Space Ratio (FSR); to reduce the rear yard setback and to apply a Holding Provision to require a noise study to the satisfaction of the Region of Waterloo. Staff are recommending that the applications be approved. BACKGROUND: The Knossos Housing Corporation of Waterloo Region (Owner) have 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 206 and 210 Duke Street East and 46 and 50 Madison Avenue North to permit the lands to be developed with an 8 -storey, multiple residential dwelling building with 100 dwelling units. The initial application proposed all of the 100 dwelling units to be deeply affordable units. On November 28, 2022, staff received correspondence from the applicant (Appendix F) informing staff that the distribution of affordable units for the proposed development has changed. Based on costing for construction, the applicant is now proposing 40 deeply affordable dwelling units and 60 units at market rate rent. Deeply affordable dwelling units are rented at a minimum of 40% below the average market rate. The proposed development includes 51 parking spaces proposed to be provided underground, internal to the building, and within a rear surface parking area. The lands are designated `Medium Density Multiple Residential' in the City of Kitchener King Street East Secondary Plan and zoned `Residential Seven Zone (R-7)'(46 and 50 Madison Avenue North) and `Residential Seven Zone (R- 7) with Special Use Provision 480U and Special Regulation Provision 755R' (206 and 210 Duke Street) in Zoning By-law 85-1. The existing zoning permissions permit medium rise built from dwellings including multiple dwellings (up to 8 storeys in height), semi-detached dwellings, single detached and duplex dwellings and detached additional dwelling units. DSD Report -20-069 - ZBA20/001/D/GS was approved by Council August 2020 which changed the Zoning of 206 and 210 Duke Street East from Neighbourhood Institutional Zone (1-1) to Residential Seven (R-7) with Special Regulation Provision 755R and Special Use Regulation 480U. Special Page 129 of 410 Regulation Provision 755R further regulates building height, side yard, front yard setbacks and parking regulations. Special Use Regulation 480U allows for institutional uses and prohibits single detached, semi detached, duplexes, private home daycares and street townhouse uses. Site Context The proposed development includes the consolidation of four properties addressed as 206 and 210 Duke Street East and 46 and 50 Madison Avenue North that are located at the intersection of Duke Street East and Madison Avenue North. The consolidated lands form an irregular shape parcel of land with frontage on both Duke Street East and Madison Avenue North. The subject properties have a combined lot area of 0.22 hectares (0.54 acres) with approximately 39 metres of frontage along Duke Street East and 24.26 metres of frontage along Madison Avenue North. The subject lands are currently vacant. The surrounding neighbourhood consists of a variety of uses including medium -rise residential uses, low-rise multiple dwelling buildings, single detached dwellings, semi detached dwelling, commercial and institutional buildings. The subject lands are located within 250 metres of the Kitchener Market ION LRT station stop, which is located at the intersection of Charles Street East and Cedar Street South. Existing bus routes operate along Weber Street and King and the subject lands are in close proximity to the downtown cycling grid. u7 m Cn m SUBJECT AREA G C, tX` o �<) �fl '4 �i 4 Figure 1 - 206 and 210 Duke Street East and 46 and 50 Madison Avenue North REPORT: The applicant is proposing to develop the subject lands with an 8 -storey multiple residential dwelling. The proposed development consists of 100 residential units (40 deeply affordable units), including 18 bachelor units, 54 one -bedroom units, and 28 two-bedroom units, with 51 parking spaces to be provided underground, internal to the building, and within a rear surface parking area. Two principal Page 130 of 410 entrances and two vehicular access to the development are proposed, one of each from Madison Avenue North and one of each from Duke Street East. 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 131 of 410 Development Concept Number of Units 100 units: 60 units at market rate 40 deeply affordable dwelling units rented at a minimum of 40% below the average mark rent. Deeply Affordable Unit Rental (3) Bachelor Unit $570.00 per month Rates (5) Bachelor Unit $589.00 per month (2) one bedroom $680.00 per month (25) one bedroom $758.00 per month (5) two bedroom $875.00 per month Parking Spaces 51 parking spaces Building Height 25 metres, 8 storeys Class A (indoor secured) 50 Bicycle Parking Class B (outdoor visitor) 6 Bicycle Parking Floor Space Ratio 3.6 Underground parking spaces 40 Parking Spaces Surface Parking 11 Parking Spaces Spaces/internal to the building Unit Types Bachelor units (18) One bedroom units (54) Two bedroom units (28) Page 131 of 410 Ma]1a:�:�y r.1:a� ii:Al Figure 2 — Development Concept Site Plan Il � w � !!i Figure 3 —Development Rendering: The front elevation along Madison Avenue North Page 132 of 410 To facilitate the redevelopment of the subject lands with the proposed development concept, an Official Plan Amendment and a Zoning By-law Amendment are proposed to change the land use designation and zoning of the subject lands. The lands are currently designated `Medium Density Multiple Residential' in the City of Kitchener King Street East Secondary Plan and zoned `Residential Seven Zone (R-7)' (46 and 50 Madison Avenue North) and `Residential Seven Zone (R-7) with Special Use Provision 480U and Special Regulation Provision 755R' (206 and 210 Duke Street) in Zoning By-law 85-1. The owner is proposing to change the land use designation to `Medium Rise Residential with Special Policy Area 8' in the City of Kitchener Official Plan to allow for a Floor Space Ratio (FSR) of 3.6, and to change the zoning to `Residential Seven Zone (R-7) with modified Special Regulation Provision 755R and Holding Provision 95H' to further regulate parking; to increase the Floor Space Ratio (FSR); reduce the rear yard setback; and to apply a Holding Provision to require a noise study to the satisfaction of the Region of Waterloo. 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 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, Page 133 of 410 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 ION rapid transit, bus, 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 multiple dwelling development includes 100 dwelling units, 40 of which are deeply affordable units. Planning staff is of the opinion that the proposed application will facilitate the intensification of the subject property with an affordable housing 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; 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. Page 134 of 410 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 conceptual boundary for the Kitchener Market 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. These lands are within the Kitchener Market Station MTSA. The proposed development represents 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 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 `Medium Density Multiple Residential" (Map 10) in the King Street East Secondary Plan (1994 Official Plan). The Medium Density Multiple Residential designation permits medium density housing types including townhouse dwellings, multiple dwellings and special needs housing. Page 135 of 410 The applicant is proposing to add a Special Policy Area to the existing `Medium Density Multiple Residential' land use designation of the subject lands. Applying Special Policy Area 8 to the subject lands will allow for a maximum Floor Space Ratio (FSR) of 3.6 whereas the Medium Density Multiple Residential policies permit a maximum Floor Space Ratio of 2.0. Policy 17.E.13.1. of the City of Kitchener Official Plan require 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 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. 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 `Medium Rise Residential' and the proposed zoning is `Medium Rise Residential Six Zone (RES -6)'. The NPR project is under review and updated draft land use designations and zoning will be considered in 2023. Urban Design Policies: The City's urban design policies are outlined in Section 11 of the City's OP. In the opinion of staff, the proposed development satisfies these policies including: Streetscape; Safety; Universal Design; Site Design; Building Design, and Massing and Scale Design. To address these policies, an Urban Design Brief was submitted and has been reviewed by City staff. The Urban Design Brief is Page 136 of 410 acceptable and outlines the vision and principles guiding the site design and informs the proposed zoning regulations. Streetscape — The proposed building has been oriented with frontage onto Duke Street East and Madison Street North to define the street edge. The two (2) principal building entrances connect the development to the public realm and enhanced landscaping plantings will further enhance the streetscape. Safety — As with all developments that go through site plan approval, staff will ensure Crime Prevention through Environmental Design (CPTED) principles are achieved and that the site meets emergency services policies. Universal Design — The development will be designed to comply with Accessibility for Ontarian's with Disabilities Act and the Ontario Building Code. Site Design, Building Design, Massing and Scale — The subject site is designed to have a building that will be developed at a scale that is compatible with the existing and planned surroundings. A six storey podium is proposed along the Duke Street East frontage, with an additional two storeys stepped back from the fagade. A six storey podium is also planned along the Madison Avenue North frontage, with the additional two storeys above stepped back from the fagade. Enhanced screening such as landscaping and a visual barrier are required where the surface parking is adjacent to low- rise residential uses and public spaces. 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 requirements outlined in the City of Kitchener Urban Design Manual. 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 Kitchener Market 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 dense residential 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, Page 137 of 410 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 all of which are proposed as deeply affordable dwelling units. The proposed mid -rise development represents the `missing middle' that bridges the gap between low rise, low intensity dwellings, and high-rise towers. The development is contemplated to include a range of unit types including, bachelor, one and two bedroom units. The wide range of units, in this location, will appeal to a variety of household needs and directly responds to the need for more affordable housing during the current housing crisis. Official Plan Conclusions The Official Plan Amendment application requests that the `Medium Density Multiple Residential' land use designation as shown on Map 10 — King Street East Secondary Plan be amended from to add `Special Policy Area 8'. 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 in the form shown in Appendix "A". Proposed Zoning By-law Amendment: The subject lands are currently split zoned. 206 and 210 Duke Street are currently zoned Residential Seven Zone (R-7) with Special Regulation 755R and 480U in Zoning By-law 85-1. Existing zoning permissions allow for medium rise built form housing options which includes multiple dwellings, single detached, and semi detached dwellings up to 25 metres in height or 8 storeys with a Floor Space Ratio (FSR) of 2.0. 46 and 50 Madison Avenue North are zoned Residential Seven Zone (R- 7) in Zoning By-law 85-1. Existing zoning permissions allow for medium rise built form housing options which includes multiple dwellings, single detached, and semi detached dwellings up to 24 metres in height with a Floor Space Ratio (FSR) of 1.0. The applicant has requested an amendment to change the zoning from `Residential Seven Zone (R- 7)'(46 and 50 Madison Avenue North) and `Residential Seven Zone (R-7) with Special Use Provision 480U and Special Regulation Provision 755R' (206 and 210 Duke Street) in Zoning By-law 85-1 to `Residential Seven Zone (R-7) with modified Special Regulation Provision 755R and Holding Provision 95H' 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 Zoning By-law 85-1 to modify Special Regulation Provision 755R. The proposed modified Special Regulation Provision will apply to the entirety of the consolidated lands and will permit an increase in the maximum permitted Floor Space Ratio (FSR), allow for a decreased parking rate, allow for a reduced rear yard setback; and to apply a Holding Provision to require a noise study to the satisfaction of the Region of Waterloo. Page 138 of 410 Staff offer the following comments with respect to modified Special Regulation Provision 755R a) That the maximum Floor Space Ratio (FSR) shall be 3.6. The purpose of this regulation is to cap the Floor Space Ratio (FSR) and ensure development does not exceed the density presented in the concept plans. b) That parking be provided at a rate of 0.18 parking spaces per dwelling unit plus 0.02 visitor parking spaces per dwelling unit. The purpose of this regulation is to provide for a parking rate which is appropriate for the development. The proposed ratio results in a parking rate of 0.2 parking spaces per dwelling unit (inclusive of visitor spaces). The concept plans show 0.51 spaces per unit however staff are recommending a parking rate of 0.2 to allow for the option for parking spaces to be converted into dwelling units in the future as the demand for additional affordable housing is likely to remain. The subject lands 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 of 0.2 (inclusive of visitor parking) is appropriate for the subject lands. c) The minimum rear yard setback shall be 5.0 metres The purpose of this regulation is to regulate the building setback to adjacent properties and provide for an adequate building setback for landscaping and amenity areas. Staff offer the following comments with respect to Holding Provision 95H: 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 `R-7' 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 95H Planning staff are recommending the following holding provision as part of the Zoning By-law Amendment: "No residential use shall be permitted until such time as a 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." Building noise mitigation measures will be reviewed through the site plan design and approvals process. Approval of the noise study by the Region of Waterloo will be required prior to removal of the Holding Provision. Page 139 of 410 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 `Residential Seven Zone (R-7)' with modified Special Regulation Provision 755R and Holding Provision 95H represents good planning as it will facilitate the redevelopment of the lands with a multiple dwelling providing affordable dwelling units that is compatible with the existing neighbourhood, which will add visual interest at the street level, provide enhanced landscaping that will contribute to the streetscape, and which 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 August 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, July 2022 Urban Design Brief Prepared by: MHBC Planning, July 2022 Elevations, Massing Model and Shadow Study Prepared by: J.L Cortes Architect Corporation, February 2022 Tree Management Plan Prepared by: MHBC Planning, July 2022 Traffic Impact Study: Prepared by: Paradigm Transportation Solutions, January 2022 Parking Justification Study: Prepared by: Paradigm Transportation Solutions, June 2022 Site Servicing Report Prepared by: Strik Baldinelli Moniz, April 2022 Geotechnical Report: Prepared by: Chung & Vander Doelen Engineering, January 2022 Sustainability Statement Prepared by: MHBC Planning, June 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 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. Page 140 of 410 What We Heard Staff Comment Support for the development There was extensive support for the proposed affordable housing project. Residents support the provision of affordable housing units and the infill development/redevelopment of the subject lands. There was also support to further increase the height and density above 8 storeys (for an affordable housing project). Loss of day light on adjacent A Shadow Study has been submitted. Staff have properties reviewed the study and are satisfied the shadow study meets the minimum requirements, as related to shadow impacts and will have minimal impacts on adjacent properties. The building should provide a The proposed building will include bachelor, one, and two variety of unit types and sizes — i.e. bedroom units. 40 of the units are deeply affordable accessible units, bachelor, 1, 2 and dwelling units rented at a minimum of 40% below average 3 bedrooms market rate. 15% of the units will be barrier free accessible. An 8 storey building is too tall for the Existing zoning permissions allow for medium rise built neighbourhood. form housing on the subject lands and adjacent lands up to 24 and 25 metres in height (8 storeys). This area of the neighbourhood is planned for medium rise built form up to 8 storeys in height and there is another medium rise building within the same block. More green space/amenity space In direct response to staff and public comments the should be provided. applicant removed surface parking spaces and replaced them with outdoor at grade amenity space. Furthermore, an outdoor roof top amenity space has also been added. The building is too close to the A 5.0 metre rear yard setback and 4.5 metre side yard property line. setback are proposed which provide an adequate separation distance to adjacent properties and provides for sufficient landscaping and amenity areas. The original application proposed a 4.5 metre rear yard setback which has been increased to 5.0 metres to provide a greater setback for separation and landscaping. Not enough parking is being A Parking Justification opinion letter was submitted and provided. reviewed by Transportation Services staff who support a parking rate of 0.2 per dwelling spaces per dwelling unit (inclusive of visitor parking). Long-term publicly accessible parking is available in close proximity at City - owned parking garages. The proposed development includes unbundled parking, is located within 250 metres to the Kitchener Market Station LRT station. Six 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 and will be provided on site Page 141 of 410 Planning Conclusions In considering the foregoing, staff are supportive of the proposed Official Plan Amendment and Zoning By-law Amendment to permit 206 and 210 Duke and 46 and 50 Madison Avenue North to be developed with an 8 -storey multiple residential dwelling. 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 regarding the application was posted to the City's website in August 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 August 15, 2022. In response to this circulation, staff received written responses from 9 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: • DSD Report -20-069 - ZBA20/001/D/GS • 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 Page 142 of 410 Appendix B — Proposed Zoning By-law Amendment Appendix C — Newspaper Notice Appendix D — Department and Agency Comments Appendix E — Public Comments Appendix F —Affordable Unit Distribution Correspondence Page 143 of 410 AMENDMENT NO. —TO THE OFFICIAL PLAN OF THE CITY OF KITCHENER CITY OF KITCHENER 206-210 Duke Street and 46-50 Madison Avenue North Page 144 of 410 AMENDMENT NO. —TO THE OFFICIAL PLAN OF THE CITY OF KITCHENER CITY OF KITCHENER 206-210 Duke Street and 46-50 Madison Avenue North 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 145 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 206-210 Duke Street and 46-50 Madison Avenue North from `Medium Density Multiple Residential' to `Medium Density Multiple Residential with Special Policy Area 8" • Adding Policy 13.2.3.8 to Section 13.2.3 to permit a maximum floor space ratio of 3.6: o Specific Policy 13.2.3.8 amends one policy in the Medium Density Multiple Residential land use designation: ■ Policy 13.2.2.8 is amended to permit a maximum floor space ratio of 3.6. 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 146 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 ION rapid transit, bus, , 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 multiple dwelling development includes 100 deeply affordable dwelling units. Planning staff is of the opinion that the proposed application will facilitate the intensification of the subject property with an affordable housing 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 147 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 conceptual boundary for the Kitchener Market 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. These lands are within the Kitchener Market Station MTSA. The proposed development represents 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 148 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 `Medium Density Multiple Residential" (Map 10) in the King Street East Secondary Plan (1994 Official Plan). The Medium Density Multiple Residential designation permits medium density housing types including townhouse dwellings, multiple dwellings and special needs housing. The applicant is proposing to add a Special Policy Area to the existing `Medium Density Multiple Residential' land use designation of the subject lands. Applying Special Policy Area 8 to the subject lands will allow for a maximum Floor Space Ratio (FSR) of 3.6 whereas the Medium Density Multiple Residential policies permit a maximum Floor Space Ratio of 2.0. Policy 17.E.13.1. of the City of Kitchener Official Plan require 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 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. 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 Page 149 of 410 Street Secondary plan. The proposed Official Plan designation for the site is `Medium Rise Residential' and the proposed zoning is `Medium Rise Residential Six Zone (RES -6)'. The NPR project is under review and updated draft land use designations and zoning will be considered in 2023. Urban Desian Policies The City's urban design policies are outlined in Section 11 of the City's OP. In the opinion of staff, the proposed development satisfies these policies including: Streetscape; Safety; Universal Design; Site Design; Building Design, and Massing and Scale Design. To address these policies, an Urban Design Brief was submitted and has been reviewed by City staff. The Urban Design Brief is acceptable and outlines the vision and principles guiding the site design and informs the proposed zoning regulations. Streetscape —The proposed building has been oriented with frontage onto Duke Street East and Madison Street North to define the street edge. The two (2) principal building entrances connect the development to the public realm and enhanced landscaping plantings will further enhance the streetscape. Safety — As with all developments that go through site plan approval, staff will ensure Crime Prevention through Environmental Design (CPTED) principles are achieved and that the site meets emergency services policies. Universal Design — The development will be designed to comply with Accessibility for Ontarian's with Disabilities Act and the Ontario Building Code. Site Design, Building Design, Massing and Scale —The subject site is designed to have a building that will be developed at a scale that is compatible with the existing and planned surroundings. A six storey podium is proposed along the Duke Street East frontage, with an additional two storeys stepped back from the fagade. A six storey podium is also planned along the Madison Avenue North frontage, with the additional two storeys above stepped back from the fagade. Enhanced screening such as landscaping and a visual barrier are required where the surface parking is adjacent to low-rise residential uses and public spaces. 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 requirements outlined in the City of Kitchener Urban Design Manual. 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 Kitchener Market 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. Page 150 of 410 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 dense residential 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 all of which are proposed as deeply affordable dwelling units. The proposed mid -rise development represents the `missing middle' that bridges the gap between low rise, low intensity dwellings, and high-rise towers. The development is contemplated to include a range of unit types including, one and two bedroom units. The wide range of units, in this location, will appeal to a variety of household needs and directly responds to the need for more affordable housing during the current housing crisis. Official Plan Conclusions The Official Plan Amendment application requests that the `Medium Density Multiple Residential' land use designation as shown on Map 10 — King Street East Secondary Plan be amended from to add `Special Policy Area 8'. 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 206-210 Duke Street and 46-50 Madison Avenue North, as `Medium Density Multiple Residential with Special Policy Area 8" instead of `Medium Density Multiple Residential', as shown on the attached Schedule `A'; Page 151 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 206-210 Duke St. E. E 46-50 Madison Ave.. N. R Have Your Voice Heard! Concept Drawing Date: December 12, 2422 Time: 3.00 p.m. Location: Council Chambers, Kitchener City Hall 200 ling Street Test or Virtual Zoom Meeting To view the staff report, agenda, meeting details, start time of this item or to appear as a delegation, visit: kitc h e n+er.ea /meetings To learn more about this project, including information on your appeal rights, visit: www.kitchener.ca/ PlanningApplicati+ons or contact. Multiply: c sidentiak, 6-8 Storeys, Floor Space Craig DumarL Senior Planner Affordable 100 []wetting Ratio of 3.6 519.741.2200 x 7073 Housing Units crafg.dumart [@kitchener.ca Off cial Plan Amendment and Zoning By-law Amendment applications will be considered to facilitate the redevelopment of the lands with an 8 -storey residential building providing 100 affordable dwelling units with an increased Floor Space Ratio (FSP) of 3.6, a decreased parking rate providing 51 parking .spaces, and a reduced rear yard setback. 9 Page 152 of 410 APPENDIX 2: Minutes of the Planning & Strategic Initiatives Committee Meeting (December 12, 2022) 10 Page 153 of 410 APPENDIX 3 - Minutes of the Meeting of City Council (December 19, 2022) 11 Page 154 of 410 76- Z Z <1 c CL a (2) (2) (2) J c c a a�F-aCU Uacnoa �, a -aacu LL LU 0 cu 0 � LU Lu Q ° o a0i ° o ami Z - W Lu U) - E 'a •� E 0 c o ZZ�0 c U `o cn o aid LU y Lu 0 0 > > U — a� Q o a� =— cu UDC9O U n a) 0 0 E� 0 E'er HZZ= U) U) c c D c`o - Q c U Q 0 a `LL 01LU 2 J J J J co cE O m E o U) Lm n d n 2 L U) a' H sop LU U zMOM • ` tioS�ob S` J U p U O I i p woa; J E 0 O 0 0 ' N C'4 Q N m a O i a O N w > z Z LuLU O p Z E W Q Lu Q i o z Q Y U) J 0- > cn v m z U o LL NN o 0 w w N 0 o I� U) w Of C:) w m w o w > O 0 z J w o U z O (D w z 0 u.iw Ow �Z W J =Q YO O 3 pZ) 0 U) LL pp W u)0 o_Q _ 0Z � YO N� O CoLo w� O N co O d O U W- �Z Of of Of z af o a U) LO LO z z O O w of I- r r 0 0 N d �_ o J v o Z Z Z N N W ON o x �O O O W W U LLE o= zLLI O z o L— � �� O F- F- O Q m ZO��O zs0 J J J N W Q 0 N OaZz�u=i ONzau=i Q~~ a O X p W z W 00 U D � zZ00Zrn zOzrn www W W z N w Z W 0 z U LLJ> 0> N 0 Z W N O Z p p p Z Z W J X_ p Z N �N Q _ co < w a 0 w a O � W a O www z z N ri O- zFn D w N w= U m U p}p Q(=7LLJ a�(=7p QLLJ O U F- w LL 0 cn w wo z N O Z LU O0 z��Qafa zQ�a U U U LLJ Y a Q- z w Q Q Q Q Q �Qz w N N Q WJ J JUr W �zJ( O af> U 0 ~ ♦- ♦- ♦- WO- O Z Q N d a ~ oQQzQz oZQz w w w U Q F Z z z z z z z zxN O CO Q H W yUJ wU W w Wwp w J 2 Y U �' _ Jz W N N a ♦- W D��aui aFa-0 c"��a0 O O O Q 1 O w (7 ��wZ O =Z U U U U U U w Q Q U- 0 ui = ui w w w w w o a W ^^ w m W W 0�0w�0 w0 0 J N (h N (h O N NZ (hz V l.f) (O 00 Z2QU w Z iF- �wOf zO -Z wW-0 z � � h �0 �0 OUB~ fn W �♦ a <CxLL < �Q <LL < mU U U - �N �N W- of of af of NUn0Y V W cc Z 0}/r 0 ' W Z iw 2 W U Q `~ , °oti �Q0U) 'ca'60 b Z iii --- �s�g� z- --- - - -- -- - °= - -Q Q 2W i� LO CL 1 c%� m �! W U o Z IL O LL UII i� N O yv U x N N cli 04 CD cli 7�� M x M o V `n v W w mc N N af O C W p W r /�6 > °S N x N O b�M Lo 0 -j w b 0)CN CN Q o� M U LU D J'W M� 0 z W W 00 W Q yl Z z O a' `n p LO� �� �U Q U� Q 1 r� O 0� o cYNi r(n (O c� 1 Lo Z Q O Wo w O Z � / N Z (n YO w Y v LOdo = Q D o , U PROPOSED BY — LAW 2022 BY-LAW NUMBER OF THE CORPORATION OF THE CITY OF KITCHENER (Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener — The Knossos Housing Corporation of Waterloo Region — 206-210 Duke Street East and 46-50 Madison Avenue North) WHEREAS it is deemed expedient to amend By-law 85-1 for the lands specified above; NOW THEREFORE the Council of the Corporation of the City of Kitchener enacts as follows: 1. Schedule Number 120 of Appendix "A" to By-law Number 85-1 is hereby amended by changing the zoning applicable to the parcel of land specified and illustrated as Area 1 on Map No. 1, in the City of Kitchener, attached hereto, from Residential Seven Zone (R-7) with Special Regulation Provision 755R and Special Use Provision 480U to Residential Seven Zone (R-7) with Special Regulation Provision 755R and Holding Provision 95H. 2. Schedule Number 120 of Appendix "A" to By-law Number 85-1 is hereby amended by changing the zoning applicable to the parcel of land specified and illustrated as Area 2 on Map No. 1, in the City of Kitchener, attached hereto, from Residential Seven Zone (R-7) to Residential Seven Zone (R-7) with Special Regulation Provision 755R and Holding Provision 95H. 3. Schedule Number 120 of Appendix "A" to By-law Number 85-1 is hereby further amended by incorporating additional zone boundaries as shown on Map No. 1 attached hereto. 4. Appendix "D" to By-law 85-1 is hereby amended by modifying Section 755R thereto as follows: "755. i. Notwithstanding Sections 4 and 41.2 of this By-law, within the lands zoned Residential Seven Zone (R-7), shown as affected by this subsection, on Page 157 of 410 Schedule 120 of Appendix "A", a Multiple Dwelling and mixed-use building shall be permitted in accordance with the following: a. The minimum lot width shall be 30.0 metres. b. The minimum front yard setback shall be 3.0 metres. C. The minimum side yard abutting a street shall be 3.0 metres. d. The minimum side yard shall be 4.5 metres. e. The minimum rear yard shall be 5.0 metres. f. The maximum floor space ratio shall be 3.6 h. The maximum building height shall be 25.0 metres. i. The maximum number of storeys shall be 8. ii. Notwithstanding Sections 6.1.2a) of this By-law, within the lands zoned Residential Seven (R-7), shown as affected by this subsection, on Schedule 120 of Appendix "A", the following off-street parking regulations shall apply: Minimum Off -Street Maximum Off -Street Use Parking Spaces Required Parking Spaces Permitted Multiple Dwelling 0.18 /unit 1/unit Multiple Dwelling Visitor 0.02 /unit iii. The following minimum bicycle parking requirements shall apply: Use Class A Bicycle StallClass B Bicycle Stall Multiple Dwelling 0.5 per unit without a 6 private garage iv. For the purpose of regulation iii. above, a Class A Bicycle Stall shall be a bicycle space which is either in a building or structure or within a secure area such as a supervised parking lot or enclosure with a secure entrance or within a bicycle locker. Page 158 of 410 V. For the purpose of regulation iii. above, a Class B Bicycle Stall shall be a bicycle space which is located in accessible and highly visible locations near the entrance of a building and are accessible to the general public." 5. Appendix "F" to By-law 85-1 is hereby amended by adding Section 95H thereto as follows: "95. Notwithstanding Section 55 of this Bylaw, within the lands zoned R-7 and shown as being affected by this Subsection on Schedule Number 120 of Appendix "A": i) 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." 5. This By-law shall become effective only if Official Plan Amendment No. _, (206-210 Duke Street East and 46-50 Madison Avenue North) 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 159 of 410 NOTICE OF PUBLIC MEETING F fora development in your neighbourhood 4220 King St. E. Et 25 Sportsworld Crossing Rd. �r I TCHEN , Have Your Voice Heard! Date: December 12, 2022 Time: 3:00 p.m. Location: 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.kitchenenca/ Pla n n i ngAppl ications or contact: Mixed Use 3 Buildings, 520 Residential Craig Dumart, Senior Planner 14 to 18 Units 519.741.2200 x 7073 Storeys craig.dumart@kitchener.ca Official Plan Amendment and Zoning By-law Amendment applications will be considered to facilitate a mixed-use development with three buildings 14, 15 and 18 -storeys in height providing 520 residential dwelling units, with a Floor Space Ratio (FSR) of 4.0, a decreased podium height and decreased ground floor facade along a street line. Page 160 of 410 From: Mike Seiling Sent: Tuesday, August 16, 2022 3:11 PM To: Sarah Coutu Subject: FW: Circulation for Comment - 206-210 Duke St. E. & 46-50 Madison Ave. N. (OPA/ZBA) Attachments: Department & Agency Letter - Duke & Madison.pdf Building; no concerns From: Christine Kompter<Christine.Kompter@kitchener.ca> Sent: Tuesday, August 16, 2022 2:54 PM To: Metrolinx (GO) - Development (Development.Coordinator@Metrolinx.com) <development.coordinator@metrolinx.com>; _DL _#_ DSD _Planning <DSD-PlanningDivision@kitchener.ca>; Bell - c/o WSP <circulations@wsp.com>; Darren Kropf <Darren.Kropf@kitchener.ca>; 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: Sarah Coutu <Sarah.Coutu@kitchener.ca>; Craig Dumart <Craig.Dumart@kitchener.ca> Subject: Circulation for Comment - 206-210 Duke St. E. & 46-50 Madison Ave. N. (OPA/ZBA) Please see attached. Additional documentation can be found in AMANDA folders 22-119529 & 22-119530 (City staff) and ShareFile (external agencies). Comments or questions should be directed to Sarah Coutu, Project Manager (copied on this email). Christine Kompter Administrative Assistant I Planning Division I City of Kitchener 200 King Street West, 6t" 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 0010 POOm� D Page 161 of 410 City of Kitchener - Comment Form Project Address: 206-210 Duke St E & 46-50 Madison Ave N Application Type: OPA and ZBA Comments of: Environmental Planning (Sustainability) — City of Kitchener Commenter's name: Gaurang Khandelwal Email: gaurang.khandelwal@kitchener.ca Phone: 519-741-2200 x 7611 Written Comments Due: September 12, 2022 Date of comments: September 12, 2022 1. Plans, Studies and/or Reports submitted and reviewed as part of a complete application: • Sustainability Statement, 206-210 Duke Street East and 46-50 Madison Avenue North, prepared by MHBC, dated June 20, 2022 2. Comments & Issues: I have reviewed the documentation (as listed above) to support an Official Plan Amendment and a Zoning By-law Amendment to redevelop the subject lands with 100 affordable rental housing units within a multiple dwelling ranging in height from 6 to 8 storeys, regarding sustainability and energy conservation and provided the following: • Although the Ontario Building Code (OBC) is advanced, going forward all developments will need to include robust energy conservation measures as the City (and Region of Waterloo) strive to achieve our greenhouse gas reduction target. • Based on my review of the supporting documentation, the Official Plan and Zoning Bylaw Amendments can be supported as several sustainable measures have been proposed or are being considered for the development, which will be detailed out through the Site Plan Approval stage. • A Sustainability Statement (as per the City's Terms of Reference) will be required as part of a complete Site Plan Application. It can build upon the information already provided, and can further explore and/or confirm which additional sustainable measures are best suited to the development. Potential items for consideration are: o Use of alternative water supply and demand management systems such as rainwater harvesting and grey water reuse, or design of the site and buildings for readiness to add these systems in the future o Incorporation of community garden or urban agriculture o EV ready parking spaces o Material choice and detailing to address bird collision avoidance guidelines 1IPage Page 162 of 410 3. Policies, Standards and Resources: • Kitchener Official Plan Policy 7.C.4.5. The City will encourage and support, where feasible and appropriate, alternative energy systems, renewable energy systems and district energy in accordance with Section 7.C.6 to accommodate current and projected needs of energy consumption. • Kitchener Official Plan Policy 7.C.6.4. In areas of new development, the City will encourage orientation of streets and/or lot design/building design with optimum southerly exposures. Such orientation will optimize opportunities for active or passive solar space heating and water heating. • Kitchener Official Plan Policy 7.C.6.8. Development applications will be required to demonstrate, to the satisfaction of the City, energy is being conserved or low energy generated. • Kitchener Official Plan Policy 7.C.6.27. The City will encourage developments to incorporate the necessary infrastructure for district energy in the detailed engineering designs where the potential for implementing district energy exists. 4. Advice: ➢ As part of the Kitchener Great Places Award program every several years there is a Sustainable Development category. Also, there are community-based programs to help with and celebrate and recognize businesses and sustainable development stewards (Regional Sustainability Initiative - http://www.sustainablewaterlooregion.ca/our-programs/regional-sustainability- initiative and TravelWise - http://www.sustainablewaterlooregion.ca/our-programs/travelwise). ➢ The 'Sustainability Statement Terms of Reference' can be found on the City's website under 'Planning Resources' at ... https://www.kitchener.ca/SustainabilityStatement 21 Page Page 163 of 410 From: Sylvie Eastman Sent: Wednesday, September 7, 2022 10:30 AM To: Sarah Coutu Cc: Craig Dumart; David Paetz Subject: RE: Circulation for Comment - 206-210 Duke St. E. & 46-50 Madison Ave. N. (OPA/ZBA) Attachments: Department & Agency Letter - Duke & Madison.pdf Hello all. I have no comments from a gas infrastructure perspective. Please note that the proponent should contact David Paetz regarding gas servicing. From: Sarah Coutu <Sarah.Coutu@kitchener.ca> Sent: Tuesday, September 6, 2022 12:22 PM Cc: Craig Dumart <Craig.Dumart@kitchener.ca> Subject: RE: Circulation for Comment - 206-210 Duke St. E. & 46-50 Madison Ave. N. (OPA/ZBA) This email is a reminder that comments for this OPA/ZBA file are due Monday, September 12. Thank you. Sarah Coutu, BES, RPP, MCIP (she/her) Project Manager (Planning) I Planning Division I City of Kitchener (519) 741-2200 ext. 7069 1 TTY 1-866-969-9994 1 sarah.coutu@kitchener.ca Page 164 of 410 From: Melissa Larion <mlarion@g rand river.ca > Sent: Wednesday, August 17, 2022 8:51 AM To: Sarah Coutu Subject: FW: Circulation for Comment - 206-210 Duke St. E. & 46-50 Madison Ave. N. (OPA/ZBA) Hi Sarah, We have no comments. These properties are not regulated by GRCA. Regards, Melissa Larion, MCIP, RPP Supervisor of Resource Planning Grand River Conservation Authority Office: 519-621-2763 ext. 2247 Email: mlarion@grandriver.ca www.grandriver.ca I Connect with us on social media From: Ashley Gallaugher <agallaugher@grandriver.ca> Sent: August 16, 2022 3:51 PM To: Melissa Larion <mlarion@grandriver.ca> Subject: FW: Circulation for Comment - 206-210 Duke St. E. & 46-50 Madison Ave. N. (OPA/ZBA) From: Christine Kompter<Christine.Kompter@kitchener.ca> Sent: Tuesday, August 16, 2022 2:54 PM To: Metrolinx (GO) - Development (Development.Coordinator@Metrolinx.com) <development.coordinator@metrolinx.com>; _DL _#_DSD—Planning <DSD-PlanningDivision@kitchener.ca>; Bell - c/o WSP <circulations@wsp.com>; Darren Kropf <Darren.Kropf@kitchener.ca>; Dave Seller <Dave.Seller@kitchener.ca>; David Paetz <David.Paetz@kitchener.ca>; Ellen Straus <EIIen.Straus@kitchener.ca>; Feds <vped@feds.ca>; Planning <planning@grandriver.ca>; Greg Reitzel <Greg.Reitzel@kitchener.ca>; Hydro One - Dennis DeRango <landuseplanning@hvdroone.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: Sarah Coutu <Sarah.Coutu@kitchener.ca>; Craig Dumart <Craig.Dumart@kitchener.ca> Subject: Circulation for Comment - 206-210 Duke St. E. & 46-50 Madison Ave. N. (OPA/ZBA) Please see attached. Additional documentation can be found in AMANDA folders 22-119529 & 22-119530 (City staff) and ShareFile (external agencies). Page 165 of 410 From: Sarah Coutu Sent: Thursday, October 27, 2022 3:05 PM To: Sarah Coutu Subject: FW: 206-210 Duke and 46-50 Madison From: Christine Goulet <Christine.Goulet@kitchener.ca> Sent: Wednesday, September 28, 2022 12:01 PM To: Craig Dumart <Craig.Dumart@kitchener.ca> Subject: RE: 206-210 Duke and 46-50 Madison Hey, I have no concerns going forward with the OPA/ZBA and all changes can be addressed at site plan. Thanks, Christine Goulet, C.E.T. Project Manager I Development Engineering 519-741-2200 Ext. 7820 From: Craig Dumart <Craig.Dumart@kitchener.ca> Sent: Wednesday, September 28, 2022 11:59 AM To: Christine Goulet <Christine.Goulet@kitchener.ca> Subject: FW: 206-210 Duke and 46-50 Madison Hi Christine, Can you confirm engineering has no concerns for the OPA/ZBA and any items outstanding can be addressed the site plan process. Thanks, Craig From: Christine Goulet <Christine.Goulet@kitchener.ca> Sent: Tuesday, August 23, 2022 12:31 PM To: Sarah Coutu <Sarah.Coutu@kitchener.ca> Subject: 206-210 Duke and 40-50 Madison Hi Sarah, Kitchener Utilities and Engineering have reviewed the functional servicing report. KU has no concerns. Engineering requires minor changes to the report, but supports the zone change with a maximum sanitary peak flow of 4.27L/s. i Page 166 of 410 Thanks, Christine Goulet, C.E.T. Project Manager I Development Engineering I City of Kitchener 519-741-2200 Ext. 7820 1 TTY 1-866-969-9994 1 christine.goulet@kitchener.ca Page 167 of 410 City of Kitchener Zone Change / Official Plan Amendment Comment Form Address: 206 Duke St E, 46-50 Madison Ave N Owner: Knossos Housing corporation Of Waterloo Region Application: OPA22/011/D/CD and ZBA22/018/D/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: Sept 12 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 an Official Plan Amendment and Zoning By-law Amendment to permit the lands at 206, 210 Duke Street East and 46, 50 Madison Avenue North to be redeveloped with 100 affordable rental housing units within a multiple dwelling ranging in height from 6 to 8 storeys. The property owner is proposing an Official Plan Amendment to add a special policy area and Zoning By-law Amendment to amend site specific provisions to permit: • a maximum FSR of 3.6 whereas 2.0 is permitted • a minimum rear yard setback of 4.5m, whereas 7.5m is required. The rear yard being measured as the north property line • an off-street parking ratio of 0.55 per unit, whereas 1 per unit is required • a Multiple Dwelling Visitor parking ratio of 0 per unit, whereas 0.1 per unit is required for a site with 81+ units • a balcony to project into a front lot line at 1.16m, whereas 3.Om is require • a canopy to be located at a minimum setback of 1.16m, whereas the by-law regulates a canopy to extend 1.8m into required setback at 1.2m 1. JL Cortes Architect drawing A1.0 Site Plan dated 2021.03.05 2. MHBC Planning Urban Design Brief dated July 2022 2. Site Specific Comments & Issues: Please note that the City of Kitchener Parkland Dedication By law and Parkland Dedication Policy have recently been updated and new parkland dedication criteria, rates and land values have been approved by Council on August 22, 2022. The Transition Provisions that are included within the Bylaw allow for formal Planning Act applications that have been deemed complete to proceed under the old Parkland Dedication By-law 2008-93 but require that the application receive final site plan approval A City for Everyone Working Together — Growing Thoughtfully — Building Community Paauu- g" *9 of 410 City of Kitchener Zone Change / Official Plan Amendment Comment Form within 12 months. If final site plan approval is not granted within this time the new Parkland Dedication By law, Policy and rates will apply. These comments relate to a formal OPA ZBA application that has been deemed complete prior to the passing of the new Parkland Dedication By-law and Policy and thus if final Site Plan Approval can be completed within the proscribed Transition period, the old Parkland Dedication rates and categories can be utilized. If not complete within one year, the rates and categories contained within the new By-law will apply. Through Places and Spaces — Parks Strategic Plan, the King East Planning Community has been assessed as a "Critical" priority to pursue physical land dedication through Planning applications to address the shortfall in planned active park space within the community. However, physical on-site land dedication would significantly impact the delivery of the proposed rental units that have received approval through the City's Affordable Rental Housing Incentives programme and in accordance with the new Park Dedication Policy, required Park Dedication for affordable rental housing units will receive a strategic reduction in park dedication fees that caps the dedication at 5% of the land area. See also comments below related to fees. 3. Comments on Submitted Documents The following comments should be addressed at this time. 1) JL Cortes Architect drawing A1.0 Site Plan dated 2021.03.05 a) Given the existing deficit of active neighbourhood park space within the King East Planning Community and the small size of the proposed on-site amenity area at the northwest corner of the building, additional amenity space should be provided/designed for communal use along the eastern side of the building to accommodate some of the recreational needs of the proposed residents. b) A revised preliminary site plan is required. 2) MHBC Planning Urban Design Brief dated July 2022 a) The Urban Design Brief 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) A revised Urban Design Brief is required. 4. Policies, Standards and Resources: • Kitchener Official Plan Policy As per Section 8.C.2 — Urban Forests of the Official Plan ... A City for Everyone Working Together — Growing Thoughtfully — Building Community Pag-_-2 *9 of 410 City of Kitchener Zone Change / Official Plan Amendment Comment Form o policy 8.C.2.16., the City requires the preparation and submission of a tree management plan in accordance with the City's Tree Management Policy (available on the City's Website), as a condition of a development application. o policy 8.C.2.6., the City will incorporate existing and/or new trees into the streetscape or road rights-of-way and encourage new development or redevelopment to incorporate, protect and conserve existing healthy trees and woodlands in accordance with the Urban Design Policies in Section 13 (Landscape and Natural Features) of the Urban Design Manual (UDM) and the Development Manual. o Please see UDM Part C, Section 13 and www.kitchener.ca/treemanagement for detailed submission requirements • City of Kitchener Parkland Dedication Policy and By-law • City of Kitchener Development Manual • Cycling and Trails Master Plan (2020) • Chapter 690 of the current Property Maintenance By-law • Places and Spaces — Parks Strategic Plan • Urban Design Manual 5. Anticipated Fees: Parkland Dedication Dedication requirements are subject to the Parkland Dedication Policy and rates in effect. Please be advised that an updated Parkland Dedication Policy and By-law were approved by City of Kitchener Council on August 22 2022. This update includes but is not limited to changes to the classes of lands requiring Parkland Dedication, standard land assessment values for determining Parkland Dedication, Parkland Dedication exemption categories and transition provisions for in -progress applications. The parkland dedication requirement will be deferred at the Official Plan Amendment/Zoning By-law Amendment application(s) and assessed at a future Site Plan Application. Parkland dedication will be assessed based on the land use class(es), residential units and density approved through the OPA and ZBA and required as a condition of Site Plan Approval. Based on the proposed 100 affordable rental units, an FSR of 3.56, a site area of 0.23ha and using a land valuation of $3,830,000 and a cap rate of 5% of the land area for affordable rental housing, Parkland Dedication of $43,088.00 under the new Park Dedication Bylaw and Policy would be required. 0.23ha x $3,830,000 x 0.05 = $43,088.00 A City for Everyone Working Together — Growing Thoughtfully — Building Community Paage- g-_-3 1# 6 of 410 N* Region of Waterloo Sarah Coutu Project Manager City of Kitchener 200 King Street West, 6t" Floor P.O. Box 1118, Kitchener, ON N2G 4G7 Dear Ms. Coutu, PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES Community Planning 150 Frederick Street 8th Floor Kitchener Ontario N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4466 www.regionotwaterloo.ca Melissa Mohr 1-226-752-8622 File: D17/2/22011 C14/2/22018 September 16, 2022 Re: Proposed Official Plan Amendment OPA 22/11 and Zoning By-law Amendment ZBA 22/18 206-210 Duke Street and 46-50 Madison Avenue MHBC Planning Inc. (C/O Pierre Chauvin) on behalf of The Knossos Housing Corporation of Waterloo Region CITY OF KITCHENER MHBC Planning has submitted a Site Specific Official Plan Amendment and Zoning By- law Amendment Application for a development proposal at 206-210 Duke Street and 46-50 Madison Avenue (referred to as subject lands) in the City of Kitchener. The applicant has proposed the redevelopment of the site with an eight (8) storey, 712.87 square metre (7,673.52 square foot) building that is to contain 100 affordable rental housing units within a multiple dwelling. The subject lands are located in the Urban Area and designated Built -Up Area in the Regional Official Plan. The site is located in an MTSA area of the City of Kitchener and Designated Medium Density Multiple Residential in the City of Kitchener Official Plan. The site is zoned Residential Seven (R7) in the City of Kitchener Zoning By- law. The Applicant has requested an Official Plan Amendment to add a special policy area to permit an increased FSR of 3.6 (whereas a max. FSR of 2.0 is permitted). The Applicant has requested a Zoning By-law Amendment to permit an increased FSR of 3.6 (whereas 2.Om is permitted); a minimum rear year setback of 4.5m (whereas 7.5m is required); an off-site parking ratio of 0.55 per unit (whereas 1 space/unit is required); a multiple Dwelling Visitor Parking ratio of 0/unit (whereas 0.1 is required for a site with 81+ Document Number: 4180091 Version: 1 Page 171 of 410 units); a balcony to project into a front lot line at 1.16m (whereas 3.Om is required); and, a canopy to be located at a minimum setback of 1.16m (whereas the by-law regulates a canopy to extend 1.8m into a required setback at 1.2m). The Region has had the opportunity to review the proposal and offers the following: Regional Comments Consistency with Provincial Legislation and Regional Official Plan Conformity The subject lands are designated "Urban Area" and "Built -Up Area" on Schedule 3a of the Regional Official Plan (ROP) and the site is located in a Major Transit Station Area and designated Medium Density Multiple Residential in the City of Kitchener Official Plan. Planned Community Structure: The majority of the Region's future growth will occur within the Urban Area designation 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). Regional staff acknowledge that the subject lands are located within 500-800 metres of the Kitchener Market ION stop and the subject lands are within walking distance to multiple bus stops with routes that connect to the ION. Furthermore, the development proposes higher density in proximity to the Urban Growth Centre of Kitchener and Kitchener Market ION Stop. ROPA 6 Adopted Policies: The subject lands are located within the Regional Council Adopted Kitchener Market Major Transit Station Area (MTSA). The development concept proposes a higher density development that contributes to the minimum density target established for the Kitchener Market MTSA of 160 people and jobs per hectare. As Major Transit Station Areas are identified as a Strategic Growth Area, the Region is supportive of increased density, uses and activity within these areas. The density proposed through this development is supported within ROPA 6. Development within Major Transit Station Areas are to be transit -supportive with development that prioritizes access to the transit station. Regional staff understand that the development includes pedestrian access to the sidewalk along Duke Street East and Madison Avenue North. In addition, the development concept proposes a reduction in the minimum required parking spaces as well as indoor and outdoor bicycle stalls facilitating access to the planned cycling route on Cedar Street North. The development conforms to these policies. Finally, the housing form proposed through these applications include apartment style residential units. The type of housing proposed through this development will provide additional mix of housing form within this area. Document Number: 4180091 Version: 1 Page 172 of 410 In addition to the above planning comments, Regional staff have the following technical comments relating to the proposed Official Plan Amendment and Zoning By-law Amendment: Stationary Noise: Stationary noise from the proposal (multi -residential development with structured parking) has the potential to affect the residential uses on site as well as adjacent noise - sensitive developments. As the specific mechanical equipment selections have not been selected at this time, Regional staff require a Holding Provision to obtain a detailed noise study that assesses the impact of the development on itself as well as the impact of the development on the adjacent noise sensitive land uses surrounding the subject lands. 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 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. Corridor Planning: Official Plan and Zoning By-law Amendment Stage: Transit Planning.- Although lanning:Although not a Regional requirement of the Official Plan and Zoning By-law Amendment Application, the Region has received a copy of the Transportation Impact Study entitled "206-210 Duke Street, Kitchener Transportation Impact Study" dated January 2022, prepared by Paradigm Transportation Solutions Limited as well as a Parking Study entitled "Parking Study — 206-210 Duke Street East and 46-50 Madison Avenue, City of Kitchener, ON" dated June 2022, completed by Paradigm Transportation Solutions Limited and have no objections to the development at the Official Plan Amendment and Zoning By-law Amendment stage. Regional staff have the following advisory comments related to the studies: Regional staff support the reduced parking rate proposed through this application as the subject lands are in close proximity to light rail transit, frequent bus routes, and Kitchener's cycling grid. These alternative transit options provide affordable and sustainable transportation solutions for residents. Regional staff support the rationale outlined in the report regarding the reduced parking rate and the study conclusion that include, but are not limited to charging for parking as a separate cost to occupant(s) (known as "unbundled" parking). In addition, the development is a good candidate for a publicly accessible car share program and an applicant -subsidized transit program. These incentives require both an administrative and financial commitment. Should the applicant consider these programs, a formal agreement between the Applicant/Owner Document Number: 4180091 Version: 1 Page 173 of 410 and Grand River Transit's Business Account program and additional consultation with the Region of Waterloo and City of Kitchener is required. Housing Services The following Regional policies and initiatives support the development and maintenance of affordable housing: • Regional Strategic Plan o Objective 4.2 requires the Region to make affordable housing more available to individuals and families. • 10 -Year Housing and Homelessness Plan o contains an affordable housing target which is that 30% of all new residential development between 2019 and 2041 in Waterloo Region is to be affordable to low and moderate income households. • Building Better Futures Framework o shows how the Region plans to create 2,500 units of housing affordable to people with low to moderate incomes by 2025. • Region of Waterloo Official Plan o Section 3.A (range and Mix of Housing) contains land use policies that ensure the provision of a full and diverse range and mix of permanent housing that is safe, affordable, of adequate size, and meets the accessibility requirements of all residents. The Region supports the provision of a full range of housing options, including affordable housing. Rent levels and house prices that are considered affordable according to the Regional Official Plan are provided below. Should this development application move forward, staff ask the Owner/Developer to consider providing a number of affordable housing units on the site, as defined in the Regional Official Plan. In order for affordable housing to fulfill its purpose of being affordable to those who require rents or purchase prices lower than the regular market provides, a mechanism should be in place to ensure the units remain affordable and establish income levels of the households who can rent or own the homes. For the purposes of evaluating the affordability of an ownership unit, based on the definition in the Regional Official Plan, the purchase price is compared to the least expensive of: Housing for which the purchase price results in annual accommodation costs which do not exceed 30 percent of gross $385,500 annual household income for low and moderate income households Housing for which the purchase price is at least 10 percent below the average $576,347 purchase price of a resale unit in the regional market area *Based on the most recent information available from the PPS Housing Tables (2021). Document Number: 4180091 Version: 1 Page 174 of 410 In order for an owned unit to be deemed affordable, the maximum affordable house price is $385,500. For the purposes of evaluating the affordability of a rental unit, based on the definition of affordable housing in the Regional Official Plan, the average rent is compared to the least expensive of: A unit for which the rent does not exceed 30 per cent of the gross annual $1,470 household income for low and moderate income renter households A unit for which the rent is at or below the Bachelor: $950 average market rent (AMR) in the 1 -Bedroom: $1,134 regional market area 2 -Bedroom: $1,356 3 -Bedroom: $1,538 4+ Bedroom: $3,997 `Based on the most recent information available from the PPS Housing Tables (2021) In order for a rental unit to be deemed affordable, the average rent for the proposed units which have fewer than 3 bedrooms must be at or below the average market rent in the regional market area as shown above. For proposed units with three or more bedrooms, the average rent for the units must be below $1,470. Fees By copy of this letter, the Region of Waterloo acknowledges receipt of the Official Plan and Zoning By-law Amendment Review fees of $10,000.00 (received September 1, 2022). Conclusions: Based on the above, Regional staff have no objection to the applications subject to the implementation of a Holding Provision to obtain a detailed noise study that assesses the impact of the development on itself as well as the impact of the development on the adjacent noise sensitive land uses surrounding the subject lands. 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 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. Next Steps: Please be advised 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. Document Number: 4180091 Version: 1 Page 175 of 410 Further, please accept this letter as our request for a copy of the decision 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. MHBC Planning Inc. C/O Pierre Chauvin (Applicant) Craig Dumart, Senior Planner, City of Kitchener Document Number: 4180091 Version: 1 Page 176 of 410 From: Dave Seller Sent: Tuesday, October 11, 2022 8:46 AM To: Craig Dumart Subject: RE: OPA/ZBA comments: 206, 210 Duke Street East and 46, 50 Madison Avenue North Hi Craig, We can support a 0.2sp/unit, however, two visitor parking spaces must be provided on-site. 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@kitchener.ca From: Craig Dumart <Craig.Dumart@kitchener.ca> Sent: Tuesday, October 04, 2022 10:54 AM To: Dave Seller <Dave.Seller@kitchener.ca> Subject: RE: OPA/ZBA comments: 206, 210 Duke Street East and 46, 50 Madison Avenue North Hi Dave, Would transportation planning support a parking rate of 0.2 spaces per unit with 5% being for visitor. It will allow for flexibility in the future to change the surface parking into units. I believe the parking justification supported a rate as low at 0.13 space per unit but I wanted confirmation from you first to confirm whether or not transportation would support a 0.2 parking rate. Thanks Dave. Craig From: Dave Seller <Dave.Seller@kitchener.ca> Sent: Friday, September 9, 2022 9:20 AM To: Sarah Coutu <Sarah.Coutu@kitchener.ca> Subject: OPA/ZBA comments: 206, 210 Duke Street East and 46, 50 Madison Avenue North City of Kitchener Application Type: Official Plan and Zoning By-law Amendments Application: OPA22/011/D/CD & ZBA22/018/D/CD Project Address: 206, 210 Duke Street East and 46, 50 Madison Avenue North Comments of: Transportation Services Commenter's Name: Dave Seller Email: dave.seller@kitchener.ca Phone: 519-741-2200 ext. 7369 Date of Comments: September 9, 2022 Page 177 of 410 a. As part of a complete Zoning By-law amendment application, Paradigm Transportation Solutions Limited submitted a Transportation Impact Study (January 2022) and Parking Study (June 15, 2022). Transportation Services offer the following comments. The applicant is proposing up to 100 dwelling units within an 8 storey residential building. The development is estimated to generation 32 AM and 40 PM peak hour vehicle trips. The site will be serviced by two access points, one along Duke Street East and the other along Maddison Avenue North. The current 85-1 zoning by-law parking requirement for this development is 1.10 space per unit, which equates to total of 110 parking spaces of which 10 spaces are allocated for visitor parking. The applicant is proposing a vehicle parking ratio of 0.55 space per unit, where 55 parking spaces are being proposed with zero visitor parking. The equates to a parking shortfall of 55 spaces. Under the 2026 Total Traffic Operations analysis, Duke Street East at the site access point and Madison Avenue North at the site access points are operating with acceptable Level of Service, vehicle delay and capacity in the AM and PM peak hours. A leftturn lane analysis was completed along Madison Avenue North at the access point and assessed at a design speed of 50km/h. The analysis was in accordance with Minsitry of Transportation of Ontario (MTO) guidelines. Under the 2026 Total Traffic Operations, a leftturn lane along Madision Avenue North is not recommended. Duke Stret East is operating as a one-way street in this section and funtions as a right -in right -out only and therefore, no left turn analysis was completed. This development is proposed to be all affordable housing units, which typically have a lower parking demand than typical residential dwellings. Based on the data collected by Paradigm at five affordable housing locations in southern Ontario, their data yielded parking rates ranging from 0.13 to 0.45 space per unit, which is below the proposed 0.55 space per unit for this development. The site is well situated to take advantage of alternative modes of transportation in the area to support a reduced parking rate. Within 400m of the site, there are three Grand River Transit routes (3, 7, 8) and the ION Kitchener Market Station. For pedestrian walkability, road networks in the area support sidewalks on both sides, that provide connections to entertainment, employment and commercial uses. Based on the TIS and parking study analysis completed by Paradigm, Transportation Services is of the opinion that this site can function adequately with the proposed vehicle parking rate of 0.55 spaces per unit (55 spaces provided) and the traffic generated by this development will have minimal impact on the surrounding road network. It is our belief that visitor parking should be provided on-site. The total parking count would remain as proposed at 55 parking spaces for 100 units, however, five of those parking spaces be allocated to visitor parking. We feel that this is reasonable based on the parking ratio data collected by Paradigm. To further support the reduced parking rate being proposed, the vehicle parking spaces must be unbundled from the cost of a dwelling unit. Also, it is critical that Class A secure bike parking be provided at a minimum rate of 0.5 space per unit (55 bike spaces) and that the bike parking spaces are located on the ground floor. 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@kitchener.ca Page 178 of 410 City of Kitchener Official Plan and Zone Change Comment Form Address: 206-210 Duke Street East and 46-50 Madison Ave N Owner: Application #: Zoning By-law Amendment and Official Plan Amendment 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: September 10, 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: • Urban Design Brief. July 2022. MHBC • Site Layout Plan. Prepared by J. L. Cortes • 3D Rendering, Prepared by J. L. Cortes • Building elevations and floor plans, 2. Site -Specific Comments & Issues: • The application proposes to redevelop the subject lands with an apartment building providing 100 affordable residential units. While the concept of residential intensification on this site is positive, and many previous staff comments have been incorporated into the proposal, some design modifications must be addressed in the Site Plan Stage to create a development proposal that is well-designed and appropriate for this site and neighbourhood as detailed below. Consider additional stepbacks for the upper levels in the building to increase articulation/visual interest and ensure that building height and massing have a minimal visual impact on adjacent properties. This will also create room for shared outdoor amenity spaces and facilitate the transition to low-rise neighbourhoods. A City for Everyone Working Together — Growing Thoughtfully — Building Community IB 1#5 of 410 City of Kitchener Official Plan and Zone Change Comment Form Minimize the visual impact of parking through the thoughtful placement, orientation, and articulation of built form. Parking areas shall not be located at the front of the development. Street - oriented buildings are encouraged to create an activated streetscape and a positive pedestrian experience. It is recommended to have the first floor along Madison Street as residential units rather than parking. Locate surface parking away from the public street frontage, preferably at the rear of the buildings and internal to the site. The proposed amenity space should be maximized as the space is surrounded by building and parking lots. The lack of sufficient sunlight and potential shadow from the buildings may affect the landscape viability and become an underutilized space. In a building with small units, shared indoor amenities such as a gym, meeting room, and events space with a kitchen (for hosting visitors, parties, etc.) should be provided. Shared outdoor amenity space is to be provided at grade and in large, continuous areas where possible to provide the most flexibility for the usage and programming of the space. The common amenity area should include active play areas for children with equipment as well as passive amenity areas with seating and shade. • Please keep in mind the minimum space requirements for multiple residential developments (2sq.m x # Units) + (2.5 sq.m x # bedrooms- # units) = Outdoor Amenity Space. Please see Urban Design Manual for further requirements. • The proposed staircase is not appropriately integrated with the built form and roofline due to its location; it is highly recommended to relocate it to a more central location on the site. Integrate the staircase and mechanical penthouse with the overall architectural expression of the building. Where visible, screen with high-quality materials and green roof/or rooftop amenity space. A City for Everyone Working Together — Growing Thoughtfully — Building Community PP6 of 410 City of Kitchener Official Plan and Zone Change Comment Form Confirmation and design details of the rooftop amenity space are to be provided. Confirm that the proposal maintains daily access to at least 5 hours of cumulative direct sunlight to nearby public areas, open spaces and adjacent low-rise properties under equinox conditions, beginning with sidewalks located on the opposite side of adjacent ROWS. Much of the northern portion of the site is heavily treed and with the proposed addition, a significant amount of on-site vegetation is likely to be removed. Consider ways to keep some of the existing trees, such as maximizing the setback from the side and back of the property line thus not interfering with the existing trees and then being able to introduce further landscaping. 3. Comments on Submitted Documents Urban Design Brief, MHBC Planning • Place enclosed balconies on east and west elevations to reduce overlook onto surrounding private spaces. • Provide a more connected and continuous pedestrian sidewalk/pathway throughout the site. • Advise on how the garbage storage will be handled on the site and adequate on-site truck circulation should be provided for garbage pick-up. A full, roofed enclosure or deep well storage system or storage within a garbage room in the building is required. Provide adequate space for waste vehicles and containers. • The proposed material and colours should be compatible with the character of the neighbourhood. Due to frequent changes in colour and material, the proposed building looks too busy visually. Please see the enclosed precedents: A City for Everyone Working Together — Growing Thoughtfully — Building Community Paage- g-_-3 A I of 410 City of Kitchener Official Plan and Zone Change Comment Form ION - • Consider adding further architectural expression to the proposed building fagades; explore options to maximize utility, interest, and expressiveness of the ground floor of a residential building. This can include more glazing, articulated main entrance, active uses and amenities, a greater variety of surface treatments and seating options, and strategic ways of incorporating modern art and visual elements into the public realm. Options include but are not limited to: a gym or other active amenity space in the residential lobby, which could also extend to the outside of the building in the form of a hardscape boardwalk area for yoga, etc.; It is highly recommended to provide a minimum floor -to -floor height of 4.5 meters for ground floor active uses • If there is any proposed retaining wall on the site, provide details, cross sections and material selection. Retaining walls over 1.0m high requires a guardrail at the top of the wall. • Any units with at -grade access should be provided with a minimum 11 sq.m private patio area. • Please ensure all publicly visible fagades are well articulated and detailed. Use materials, details, colour, architectural projections, etc. • Utilities locations should be considered at the early design stages. All utility locations including the 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. • All visible elements of a building, including utilities (meters, conduits), HVAC (a/c units, vents) and loading/servicing areas are to be integrated into the design of the building and shown on elevation drawings as part of the building elevation approval process. Utility meters should be located within building niches or on internal end walls of blocks and screened. A City for Everyone Working Together — Growing Thoughtfully — Building Community P AI of 410 From: Planning <planning@wcdsb.ca> Sent: Friday, September 9, 2022 4:51 PM To: Sarah Coutu Subject: RE: Circulation for Comment - 206-210 Duke St. E. & 46-50 Madison Ave. N. (OPA/ZBA) Good Afternoon Sarah, The Waterloo Catholic District School Board has reviewed the subject application and based on our development circulation criteria have the following comment(s)/condition(s): A) That any Education Development Charges shall be collected prior to the issuance of a building permit(s). B) That the developer and the Waterloo Catholic District School Board reach an agreement regarding the supply and erection of a sign (at the developer's expense and according to the Board's specifications) affixed to the development sign advising prospective residents about schools in the area. C) That the developer shall include the following wording in site plan agreement to advise all purchasers of residential units and/or renters of same: "In order to limit risks, public school buses contracted by Student Transportation Services of Waterloo Region (STSWR), or its assigns or successors, will not travel on privately owned or maintained right-of- ways to pick up and drop off students, and so bussed students will be required to meet the bus at a congregated bus pick-up point." If you require any further information, please contact me by e-mail at Jordan.Neale@wcdsb.ca. Thank you, Jordan Neale Planning Technician, WCDSB 480 Dutton Dr, Waterloo, ON N2L 4C6 519-578-3660 ext. 2355 From: Christine Kompter<Christine.Kompter@kitchener.ca> Sent: Tuesday, August 16, 2022 2:54 PM To: Metrolinx (GO) - Development (Development.Coordinator@Metrolinx.com) <development.coordinator@metrolinx.com>; _DL _#_ DSD _Planning <DSD-PlanningDivision@kitchener.ca>; Bell - c/o WSP <circulations@wsp.com>; Darren Kropf <Darren.Kropf@kitchener.ca>; 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>; Planning <planning@wcdsb.ca>; WRDSB - Board Secretary (elaine_burns@wrdsb.ca) <elaine_burns@wrdsb.ca>; WRDSB - Planning <planning@wrdsb.ca> Page 183 of 410 Craig Dumart From: Marko Savic Sent: Wednesday, August 31, 2022 8:56 AM To: Craig Dumart Cc: Sarah Marsh Subject: 206-210 Duke St E [You don't often get email from, Learn why this is important at https://aka.ms/LearnAboutSenderldentification ] Hi Craig, I received the notice about 206-210 Duke St E., I'm the home owner of I won't be able to attend the neighbourhood meeting but my understanding is that this is a fully affordable housing development. I wanted to write in my full support of it, as we need to increase affordable housing in the city and create a downtown that's for everyone. My only feedback is that it would be nice if they could work 3 -bedroom units in for families of all types, but otherwise it's a great addition to the neighbourhood. Thank you, Marko Page 184 of 410 Craig Dumart From: Keyar Hood Sent: Monday, September 12, 2022 4:41 PM To: Craig Dumart Subject: Regarding the Proposed Development (206-210 Duke St. E. & 46-50 Madison Ave. N.) You don't often get email from earn why this is important Hello, Just emailing to note that I support the proposed development at 206-210 Duke St. E. & 46-50 Madison Ave. N. and would like to see more infill projects like this going forward. I also support the proposed amendments listed here. Regards, Keyar Hood Page 185 of 410 Craig Dumart From: Evan Sugden > Sent: Saturday, August 27, 2022 1:30 PM To: Craig Dumart Subject: 206-210 Duke St E & 46-50 Madison Ave N [You don't often get email fror om. Learn why this is important at https://aka.ms/LearnAboutSenderldentification ] Hi Craig, I live at ust north of the subject lands. I support the proposed development on the above referenced lands, the height, the site-specific zoning, and the introduction of new residential dwelling units and affordable housing units. Given the proximity to the Kitchener Market Station LRT stop, the site is within 800 metres of a higher order transit stop and meets the definition of Major Transit Station Area under the Growth Plan. Therefore, the site is also part of a Provincially -defined Strategic Growth Area - areas intended for growth and intensification. As such, I do think, with proper building transitions (45 -degree angular plane), built form, and urban design, that this building could be taller than 8 storeys, to offer even more residential units. Kind regards, Evan Sugden Page 186 of 410 Craig Dumart From: Wayne Mak Sent: Monday, September 12, 20221:51 AM To: Craig Dumart Subject: Comments on 206-210 Duke St E/46-50 Madison Ave N for Neighbourhood meeting You don't often get email from mw.mak14@gmail.com. Learn why this is important Hello Craig, I'm writing about the proposed development at 206-210 Duke St E & 46-50 Madison Ave N. I live nearby behind the Kitchener Market at won't be able to make the Neighbourhood meeting, so I wanted to submit something in writing. I just want to voice my support for the current proposal. I think this proposal is good for increasing the density in the area, and brings much needed infill density to the area. I love how this new development will also bring more people to this area to enjoy, and gives people the choice to live in the area around the Kitchener Market. It's nice to see further development on this part of Kitchener. I think the reduced parking requirement is fine, with transit options and extra parking availability in the vicinity. Have a great day! Wayne Mak 1 Page 187 of 410 Craig Dumart From: Sent: To: Subject: You don't often get email from Hello Craig, Sarah Bowman Friday, September 23, 2022 5:50 PM Craig Dumart Neighbourhood Meeting, 206 Duke St. E. why this is important Thank you for addressing my concerns at the Neighbourhood Meeting last night. I listened in by telephone. Sarah Bowman 1 Page 188 of 410 Craig Dumart From: Sarah Bowman Sent: Friday, September 2, 2022 4:41 PM To: Craig Dumart Subject: 206 Duke St. East, Kitchener You don't often get email fror yearn why this is important Hello Craig, I am responding to the proposed plan for 206 Duke St. E. as a tenant of an adjoining property at I applaud the effort to build affordable housing in this part of the city but I have a number of questions and concerns with this plan as follows: Small Backyard: Smokers must by regulations be 9 metres from an entrance to the building. If the backyard is only 4.5 metres, smokers will have to come right to the property line. That is next to where I am sitting in our backyard. I should not have to live in the cloud of tobacco smoke from neighbouring properties. Duke Street Exit: Tenants of 206 Duke using the Duke Street entrance/exit will have a long way to Weber St. or King St. because: • Duke St. is one-way from Madison to Cedar; when exiting they have to turn right to Cedar St. N. • Cedar St. N. is currently (Sept. 2022) being reconstructed into a one-way street from Weber to King and on to Church St; meaning a person exiting Duke St. E. must turn left on Cedar St. N. to King St. and drive around the block to get to Weber St. E. That's a lot of gas to get to the street behind the building where they live. Small Units: You're trying to crowd four people into spaces meant for three people. Some will need mobility devices which require a lot of space, leaving little room for furniture. This is cheating. People wait forhousing. They are charged rent -geared -to - income same as the rest of us. But they're not given the space they are paying for (as per regulations). That is not right. Better to build another floor or two on top to get space for the hundred units. No Visitor Parking: This will cause very serious problems from Day 1. The people who need to park on a daily basis are: • social workers and homemakers; the people who need their help may be able to drive and need a parking spot on site. • service people for tenants' TV, telephone, etc. and the building's maintenance • property manager and landlord • family and friends who visit for half a day I am aware of this because of living in such a building. 1 Page 189 of 410 Tree -Cutting: I documented the birds (nine species) from April to the present day that live in the trees you propose to cut down. I also documented the squirrels. Three families, two species (Eastern Grey Squirrel, American Red Squirrel), live in those trees. It's my hobby and I post it to websites for scientists. I can give you URLs, stats, and photos if requested. QUESTION: Where is all this wildlife supposed to live? Sarah Bowman z Page 190 of 410 Craig Dumart From: Katy Lloyd Sent: Wednesday, August 31, 2022 8:30 PM To: Craig Dumart Subject: Fwd: 206-210 Duke St E. You don't often get email from ---------- Forwarded message --------- From: Katy Lloyd <' Date: Wed, Aug 31, 2022 at 8:25 PM Subject: 206-210 Duke St E. ;'n why this is important To: <sarah.marsh@kitchener.ca>, <craigdumartkitchener.ca> Good day Craig and Sarah, The original amendment would change the zoning from Neighbourhood Institutional Zone (1-1) to Residential Seven (R-7) with special use and regulations provisions. We just got a notice in the mail about 206-210 Duke St.E. We own e have several concerns with this proposed building. The greyed out house model on the rendering of the invite card.Under these zoning provisions the following must be followed: Maximum Floor Space Ratio 1.0 this has a ratio of 3.6 Minimum Front Yard for lands identified on Appendix'H' - a) For dwellings and additions to dwellings that project into the existing front yard constructed after the effective date of this bylaw: i) For that portion of a dwelling with a building height not exceeding 10.5 metres, the average of the front yards of the abutting lots, minus 1.0 metre. An additional setback of 1.5 metres shall be required for every additional portion of additional 3.0 metres of building height thereafter; The building proposed is a 6-8 storey building. At the minimum of 61 will assume 10' storey height. This gives a 60 foot building which translates to 18.3m. This proposed building is 8m too tall at the low end of the proposal. It will block all the windows in my house making privacy a real concern. Not to mention that all the storeys second floor and above will be able to peer right into the back yard. Minimum Side Yard a) 1.5 metres for a Dwelling with a Building Height not exceeding 9.0 metres, or b) 2.5 metres for a Dwelling with a Building Height between 9.0 metres and 10.5 metres, or SECTION 41 Page 11 of 11 City of Kitchener Zoning By-law 85-1 Office Consolidation: April 26, 2021 c) 6.0 metres for a Dwelling with a Building Height exceeding 10.5 metre The proposed side yard is far too small to comply with the zoning. Also the balconies on the side of the building are right in the sightlines of the windows .on the side of the house. Can nothing be done in the design to avoid this? I am worried this is going to really affect my ability to rent out this house and it will definitely affect my resale value look forward to your response to see what can be done with this proposed building. Page 191 of 410 Can you please respond with the zoom link to the meeting on the 22nd? I took a picture of the card, but the zoom link ID got cut off. Katv Lloyd Katv Llovd Page 192 of 410 Craig Dumart From: chad Iloyd Sent: Sunday, September 11, 2022 8:36 PM To: Craig Dumart Cc: Sarah Marsh Subject: 206-210 Duke St E. You don't often get email from n. Learn why this is important Good evening Craig and Sarah, I have received the information card for the development on Duke St. E. I own the house next door While I am not opposed to affordable housing, this project presents more questions than answers and appears to be in contrast to many of the zoning by laws. . I have done some initial research on the Internet for this proposal. There appears to be many discrepancies between the drawings posted and the by-laws. The proposal is asking for a variance for the rear yard to be less than 4.5m but on one of the drawings the building appears to be too close to our property line. Is the developer asking for a variance on our side too? How far from our property line is the proposed structure going to be? Is the developer asking for a variance for FSR going from 1.0 to 3.6? There was also a discrepancy on the proposal going from FSR of 2.0 to 3.6, but the R7 zoning document for the Clty of Kitchener clearly states that all dwellings in these zones have a FSR of 1.0. Surely if the building is increasing in more than 3 storeys (also outlined in the zoning bylaws) there must be a proportional change in how far a building can be adjacent to another one. The balconies on this building will be looking directly into the windows of our house. Is it possible to remove the balconies from that side. Lastly, I am wondering if I can get a copy of the presentation from the developer before the meeting so that my wife and I can review it? I would also like a copy of the drawings that were submitted by the developer. I assume that these are part of public record? I look forward to your response. Chad Lloyd Page 193 of 410 Craig Dumart From: Benji Wales Sent: Thursday, September 22, 2022 9:16 PM To: Craig Dumart Subject: Re: Follow-up to Duke and Madison community meeting You don't often get email from n. Learn why this is important Hey Craig, Thanks for the expedient and informative response Sincerely, -Benji On Thu, Sep 22, 2022 at 8:51 PM Craig Dumart <Craig.Dumart@kitchener.ca> wrote: Hi Benji, Thanks for attending this evening. The applicant was not correct about the outdoor Class B parking requirement. The By-law will require a minimum of 6 class b bicycle parking space and 50 class A indoor secured bicycle spaces. Its important to note that the owner is a non -for profit developer and housing provider with some of their funding being provided by the Region of Waterloo. A mix of unit types is strongly encouraged by the city for all applications we review however regulated number of bedrooms in a unit is not something the City regulates in our Zoning By-laws, which is applicable law. 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 craia.dumart5kitchener.ca , From: Benji Wales Sent: Thursday, September 22, 2022 8:39 Vivi To: Craig Dumart <Craig.Dumart@kitchener.ca> Subject: Follow-up to Duke and Madison community meeting !� You don't often get email from n why this is important Thank you for presenting and fielding so many questions at the community meeting for the Duke and Madison proposal. 1 Page 194 of 410 I wanted to make a stronger point, less implied, about the minimum bike parking requirement. As noted in the presentation, the indoor and outdoor parking spaces is about 2 and 50. 1 think this is misaligned with the number of residences (>100), visitors, and the city's goals to normalize active transportation downtown. I understand the proposal is in compliance with the current code, but they are also out of compliance with the FSR requirements by 80% for one lot (3.6 vs 2.0) and 260% for the other (3.6 vs 1.0). It seems to me that there is ample leverage to propose many more indoor and outdoor bike spaces - I'm certain the profits from an 80-260% increase in unit density is well more than a few bike rings outdoors. I also want to echo Sarah Marsh's point about the political nature of this choice. We must remind ourselves that the developer works in their best interest; by affording them a massive non-compliance with FSR, the city is allowing them to profit from a great downtown community to which they haven't contributed. If the city doesn't negotiate requirements that are in line with their mission (active transportation, diverse (family) residents), the developers will create a downtown in their own vision: transient living where people come, cannot get anywhere, cannot grow, then leave. I really love this city. I love the people that make up the city. You are right that the city officials cannot prescribe who occupies units explicitly, but you can encourage community growth that meets the people's goals implicitly. The proposal I see here is a good start (targeting affordable housing), but there is plenty of political power to better align what the development encourages and what makes Kitchener great. Sincerely, -Benji Wales Page 195 of 410 Craig Dumart From: Jake Riesenkonig _ - Sent: Sunday, August 28, 2022 10:03 PM To: Craig Dumart Subject: Re: 206-210 Duke St E & 46-50 Madison Ave N Development Info You don't often get email from earn why this is important Hi Craig, A phone call would be appreciated. Please let me know when you're available this week. Thanks! Regards, Jake The information in this message, including any attachments, is privileged and may contain confidential information intended only for the person(s) named above. Any other distribution, copying or disclosure is strictly prohibited. If you are not the intended recipient or have received this message in error, please notify me immediately by reply email and permanently delete the original transmission from me, including any attachments, without making a copy. Thank you. From: Craig Dumart <Craig.Dumart@kitchener.ca> Sent: Friday, August 26, 2022 9:38:29 AM To: Jake Riesenkonig Subject: Re: 206-210 Duke St E & 46-50 Madison Ave N Development Info Hi Jake, All relevant information is available on the city's website. The link is on the postcard you received notifying you about the proposed development. Would you like to set up a phone call to discuss the development since you are not available on the 22nd. Craig Get Outlook for iOS From: Jake Riesenkonig, > Sent: Friday, August 19, 2022 10:52:58 PM To: Craig Dumart <CraiF,.Dumart@kitchener.ca> Cc: Jake Riesenkonig <_ Subject: 206-210 Duke St E & 46-50 Madison Ave N Development Info H You don't often get email from jriesenk@gmail.com. Learn why this is important U Hello Craig, I hope all is well. 1 Page 196 of 410 I am the owner of ght beside this proposed development, and unfortunately I am very concerned about the ramifications of this to my property. Unfortunately, I am not available on Sept 22nd, so would it be possible to get more information about this proposal? Perhaps site plans? Please let me know. Thanks! Regards, Jake The information in this message, including any attachments, is privileged and may contain confidential information intended only for the person(s) named above. Any other distribution, copying or disclosure is strictly prohibited. If you are not the intended recipient or have received this message in error, please notify me immediately by reply email and permanently delete the original transmission from me, including any attachments, without making a copy. Thank you. Page 197 of 410 Craig Dumart From: Kate Wills <kwills@mhbcplan.com> Sent: Monday, November 28, 2022 4:18 PM To: Craig Dumart; Sarah Coutu Cc: cortesarch; Pierre Chauvin Subject: Duke and Madison Hi Craig and Sarah. We have been advised by our client that the distribution of affordable units at Duke and Madison has changed. Based on numbers and costing for construction, the applicant will be providing 40 affordable dwelling units and 60 units at market rate. You had previously asked for the rental rates for the affordable units. These may be different than the numbers in your report, but the housing consultant has provided the following: • 3 studio at $570.00 per month • 5 studio at $589.00 per month • 2 one bdrm at $680.00 per month • 25 one bdrm at 758.00 per month • 5 two bdrm at $875.00 per month Please note that these rates could change when the new CMHC rents come out in January. There is a chance that the number of affordable units could increase to 50 units, depending on costing, municipal support and other factors. Other factors that can change the number of affordable units are Bill 23 and 109. I left a voicemail for Craig this afternoon to explain the changes outlined in this email. If you would like to coordinate a meeting to discuss these changes, please let me know. Thankyou Kate KATE WILLS, BES, MCIP, RPP I Associate 1 am currently working remotely and can best be reached at kwills(a)mhbcplan.com M H BC Planning, Urban Design & Landscape Architecture 540 Bingemans Centre Drive, Suite 200 1 Kitchener I ON I N2B 3X9 I T 519 576 3650 1 C 519 635 9999 1 F 519 576 0121 1 kwills(a-)mhbcplan.com Follow us: Webpage I Linkedin I Facebook I Twitter I Vimeo i Page 198 of 410 This communication is intended solely for the named addressee(s) and may contain information that is privileged, confidential, protected or otherwise exempt from disclosure. No waiver of confidence, privilege, protection or otherwise is made. If you are not the intended recipient of this communication, please advise us immediately and delete this email without reading, copying or forwarding it to anyone. Page 199 of 410 Staff Report Development Services Department www.kitchener.ca REPORT TO: Planning and Strategic Initiatives Committee DATE OF MEETING: December 12, 2022 SUBMITTED BY: Garett Stevenson, Interim Director of Planning, 519-741-2200 ext. 7070 PREPARED BY: Gaurang Khandelwal, Planner (Policy), 519-741-2200 ext. 7611 Tim Donegani, Senior Planner, 519-741-2200 ext. 7067 WARD(S) INVOLVED: ALL DATE OF REPORT: November 24, 2022 REPORT NO.: DSD -2022-410 SUBJECT: Kitchener Growth Management Strategy 2022 Annual Monitoring Report RECOMMENDATION: THAT Report DSD -2022-410 Kitchener Growth Management Strategy 2022 Annual Monitoring Report be submitted to the Regional Municipality of Waterloo in fulfillment of Clause 22.1 of the Administrative Agreement between the City of Kitchener and the Region Municipality of Waterloo regarding delegated approval authority. REPORT HIGHLIGHTS: The purpose of this report is to highlight key growth trends in the City over the past year, track the developable land supply and measure progress against density and intensification targets. The key findings of this report are that: o growth in Kitchener remained strong in the last year with 3,036 dwelling units created. o a broad range of housing types have been developed with 63% as multiple dwelling types (67% of multiple dwelling types were in the form of low to mid rise buildings), 5% as townhouses, and 32% in single -detached, semi-detached, and duplex dwelling types. o Kitchener has again exceeded its minimum annual intensification target with 51% of residential growth within the Built-up area in 2021. o development opportunities in both the Designated Greenfield Area and through intensification are more than sufficient to accommodate growth to 2031 and beyond. Community engagement included posting the report on City's website with the agenda in advance of the council / committee meeting. In addition, the monitoring report information will be presented to the Kitchener Developers Liaison Committee in December. There are no financial implications arising from this report. This report supports the delivery of core services. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 200 of 410 BACKGROUND: The purpose of this report is to provide Committee and Council with the Kitchener Growth Management Strategy 2022 Annual Monitoring Report (Monitoring Report). The Monitoring Report is an action item of the 2009 Kitchener Growth Management Strategy (KGMS), which requires tracking of the general supply of land and the achievement of intensification and density targets on an annual basis. REPORT: The KGMS provides a long-term framework for planning where and how future residential and employment growth should occur in Kitchener. To ensure that growth contributes positively to quality of life, the KGMS coordinates the provision of infrastructure and services with new development. The 2009 KGMS goals and actions support the Provincial Growth Plan for the Greater Golden Horseshoe (Growth Plan) and Regional Growth Management Strategy (RGMS). The KGMS introduced a number of goals, one of which was to develop and facilitate an ongoing growth management program to manage growth -related change in an effective and co-ordinated manner (Goal 6). One of the action items of this goal is to prepare an annual monitoring report to track the supply of development opportunities and the achievement of intensification and density targets. This is also a requirement of the Growth Plan and the Regional Official Plan. Monitoring reports have been prepared annually since 2010. Highlights of the 2022 Monitoring Report include: Residential Development Rates in 2021 • The number of new dwelling units created in 2021 (3,036) was the third highest figure on record, slightly less than the 2020 and 2019 figures. • 63% of the new residential units were in the form of multiple dwellings, a decrease compared to that in 2020 (66%) and 2019 (75%). • 639 multiple dwelling units created in 2021 were within 4 tall buildings (9 storeys or higher), representing about 21 % of the total new units created. The rest of the multiple dwelling units created (67%) were either additions to existing buildings or in the form of low to mid rise buildings. • 357 duplex dwelling units in single -detached, 19 duplex dwelling units in semi- detached, and 7 duplex dwelling units in townhouse dwelling types were created in 2021, a continued increase from the historical averages. Urban Growth Centre (UGC) Density • The estimated density of the Urban Growth Centre (UGC) is 218 residents and jobs per hectare. Kitchener continues to be well on its way to achieving the City's Official Plan target of 225 residents and jobs per hectare by 2031. Built Up Area and Designated Greenfield Area Development • Intensification level (new residential construction that occurs within the Built-up Area) is seeing a declining trend and has decreased to 51% over the past year. The minimum intensification target of 45% needs to be met or exceeded every year. The City's 5 -year average intensification level is 59%, which continues to be an indication that the City is on track to contribute towards, and in some years exceed, the Region - wide minimum intensification target. Page 201 of 410 • Building permits issued for new residential units between June 2021 and June 2022 within the Designated Greenfield Area continue to provide a varied and balanced supply of dwelling types. • The number of multiple dwelling building permits issued in the Built -Up Area far exceed those that that were issued within the Designated Greenfield Area. This is expected as higher density multiple dwellings are focused in intensification areas (e.g., Major Transit Station Areas, nodes, and corridors). • 11 permits were issued for Detached Additional Dwelling Units (also referred to as backyard homes) in June 2021 -June 2022 reporting period. Capacity for Growth • The City continues to have the potential to accommodate its current allocated population and employment growth within its urban area. Increases in zoned capacity for both residential units and non-residential floor space were realized this year as the first stage of the Comprehensive Review of the Zoning By-law is now in full force and effect. Future of City's Growth Management Program • It is anticipated that the City's growth management program, including the strategy, framework and dynamic tracking and monitoring system, will be updated in future years to reflect recent changes to provincial legislation; recent updates to the Region's Official Plan; and subsequently the City's next Official Plan review which will follow. • Bill 23, More Homes Built Faster Act, and other actions idented through the Housing Supply Action Plan 2022-2023 have the potential to affect the future of the Growth Management program if adopted. Bill 23 would see lower -tier municipalities take on the role of growth allocation and management. Additionally, the Province has signalled that changes to the Provincial Policy Statement and the Growth Plan for the Greater Golden Horseshoe are forthcoming which may require further Official Plan updates. Any changes that come into force will inform a revised growth management program. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the council / committee meeting. In addition, monitoring report information will be presented to the Kitchener Developers Liaison Committee in December. PREVIOUS REPORTS/AUTHORITIES: • DSD -2021-164 Kitchener Growth Management Strategy 2021 Annual Monitoring Report • DSD -19-206 Kitchener Growth Management Plan 2019-2021 • DTS-09-011 Kitchener Growth Management Strategy • 2010-2021 Annual Monitoring Reports and Biennial Plans available at https://www. kitchener.ca/en/strategic-plans-and-protects/growth-management.aspx Page 202 of 410 REVIEWED BY: Natalie Goss, Manager, Policy and Research APPROVED BY: Justin Readman, General Manager, Development Services ATTACHMENTS: Attachment A — Kitchener Growth Management Strategy (KGMS) Annual Monitoring Report 2022 Page 203 of 410 Attachment A to DSD -2022-410 Kitchener Growth Management Strategy 2022 Annual Monitoring Report November 24, 2022 Page 204 of 410 Executive Summary In 2009, Kitchener approved its Growth Management Strategy (KGMS) in support of the City's Strategic Plan. Kitchener is expected and planned to accommodate a relatively significant amount of residential and employment growth by 2031. The City is also mandated by the Province to achieve certain numerical targets and other planning objectives. Kitchener tracks and monitors specific growth data in a dynamic manner. A snapshot of the data is contained within this report. The results of the 2022 growth management data continue to be encouraging. The number of residents and jobs per hectare (RJs/ha) in the Urban Growth Centre (Downtown) is 218 RJs/ha, surpassing the provincially mandated minimum target of 200 RJs/ha by 2031, and approaching the City's higher Official Plan minimum target of 225 RJs/ha by 2031. The City's current intensification level of 51% and 5 -year average intensification level of 59% exceed the Regional intensification target (45%). In 2021, building permits were issued for a total of 3,036 new residential units — a decrease from 2020 but higher than historical averages and the third highest figure on record. 63% of new residential units developed in 2021 were in the form of multiple dwellings - a decrease compared to that in 2020 (66%) and 2019 (75%). Development of additional dwelling units (e.g. duplex dwelling units) has seen a considerable increase compared to historical averages. It is anticipated that the City's growth management program, including the strategy, framework and dynamic tracking and monitoring system, will be updated in future years to reflect: recent changes to provincial legislation; recent updates to the Region's Official Plan; and, subsequently the City's Official Plan review which will follow. Page 205 of 410 1. Introduction In 2009, Kitchener approved its Growth Management Strategy (KGMS). The KGMS provides a framework for planning where and how future residential and employment growth can be accommodated in Kitchener while positively contributing to the City's quality of life. The goals and actions outlined in the KGMS support the Growth Plan for the Greater Golden Horseshoe (2006) and the Regional Growth Management Strategy (RGMS). The KGMS introduced an ongoing growth management program to manage growth -related change in an effective and coordinated manner (Goal 6). One of the action items of this goal is to prepare an Annual Growth Management Monitoring Report to track the supply of development opportunities, and the achievement of intensification and density targets. Monitoring Reports have been prepared and presented to Council and the development industry annually since 2010. The Monitoring Report provides an update on the progress of implementing the KGMS action items along with Provincial and Regional growth plans. The primary purpose of the Monitoring Report is to update data from the KGMS Background Study: Current Baseline Report (Parts 6-9) annually. It presents a summary of recent residential development rates and updates the potential capacity to accommodate growth both within the Built-up Area (intensification areas) and in the Designated Greenfield Area. The original data from the KGMS Background Study was as of June 16, 2008 (with some of the existing residential data at the time coming from the 2006 Census). The Monitoring Report also provides a summary of development applications that have been received and those that have been approved in 2021. This Monitoring Report captures a snapshot of all data (with the exception of Sections 2 and 3) as of June 16, 2022 (the anniversary date of the 2006 Growth Plan). Page 206 of 410 2. Delegated Approval Authority Summary for 2021 This section provides a summary of the number of plans of subdivision, plans of condominium, part -lot control applications, and consent applications received and the number and type of dwelling units (herein after referred to as units) approved through these applications in 2021. Reporting on those approvals is a requirement of an agreement between the City of Kitchener and the Region of Waterloo regarding delegated approval authority. Figure 1 includes the number of applications received, approved and registered in 2021. Figure 1: 2021 Development Applications Received, Approved and Registered Application Type # of Applications Combination of Singles, Semis or Street Fronting Townhouse Units Combination of Multiple Residential, Cluster Townhouse Units, Commercial and Mixed Use Developments Received Applications Subdivision 1 72 0 Condominium 17 42 1841 Part Lot Control 4 Consents 51 Total 73 114 1841 Approved Lots/Units Subdivision 0 0 0 Condominium 17 56 1,725 Part Lot Control 3 189 0 Consents 46 39 332 Total 66 284 2,057 Registered Lots/Units Subdivision 6 1,036 333 Condominium 10 29 841 Total 16 1,065 1,174 Page 207 of 410 ¥ � E k \ k T) E 2 § 2 0 k I \ .> § \ c 0 cu . CL I / U) / 2 2 I 0 \ 0 cu t k / ./ ./ k § 0 .2 % U) 0 -0 E / � % cu0- E 0 A� \ E 0 / 0 U 2 � _ a E \ E 0 0 U 0 k � / CN 9 � CD � k iz O � 0 m O N ¢ 2 n � /� w G � % % % U Cl) m / \ � \co G @ / co \ / 0') 0-) % m CD a (D k k k CE 0 G $$ % CD o o % $ $ 7 , \ C,4 n n n G $ \ e e \ cli / k CD m L / U & 2 t; ® e m a A = C) / \ = 2 C) m C14 G & 2 \ o o \ / / o \ % a w \ � / Cl) co $ $ % e & # e m N _ O / o ƒ w / / ® N � \ / \ 7 e\ 7 0/ / G CD \ Cl) / / k C R R o\ m o n e e o e f O /\/ & Cl) Cl) \ q \ \ \ © \ \ § /\ E \ r \ > � 2 = Ucn \ \ k \ \ k \ \ \ \ 2 f — » < ƒ o » < ƒ 0 2 2 / 2 ° » / �u m 2 \ @ _ c \ � @ _ / & r \ & 0 \ 0 0 0 \ o m o s o o e « m± O± o± O± a E< U±< O � 0 m O N ¢ 2 n � 3. Residential Development Rates This section provides an overview of past development rates in the City through the examination of building permits for new residential units by dwelling type. Fiaure 3: Residential Develoament Rates In 2021, building permits were issued for a total of 3,036 new residential units. This is a decrease from 2020, which saw the highest number of building permits in the last 30 years. However, the number of residential building permits issued in 2021 are the third highest on record. There has been a steady increase in the development of duplex dwelling units in the last 5 years. Although majority of new residential units in 2021 were in the form of multiple dwelling (63%), this is a decrease from 2020 (66%) as well as 2019 (75%). 639 multiple dwelling units created in 2021 were within 4 tall buildings (9 storeys or higher), representing about 21% of the total new units created. The rest of the multiple dwelling units created were either additions to existing or new low to mid rise buildings, representing about 42% of the total new units created. New mid -rise multiple dwelling construction Page 209 of 410 New Residential Dwelling Units Created Through Building Permit* 5 -year 10 -year 20 -year Dwelling Type 2020 2021 Average Average Average (2017-2021) (2012-2021) (2002-2021) Single Detached' 605 549 419 479 631 Semi -Detached' 2 61 53 37 31 55 Duplex3 343 357 232 134 96 Townhouses2 276 154 217 203 195 Multiple Dwellings4 2,518 1,918 1,743 1,298 890 Detached ADUs5 - 5 - - - Total New Units 3,803 3,036 2,648 2,145 1,867 ' Gross new units (conversion/additions included, demolitions not subtracted) 2 Includes duplex 3 Includes additions that create new units 4 Includes additions that create new units and stacked townhouses 5 Detached ADUs have not been reported in previous years In 2021, building permits were issued for a total of 3,036 new residential units. This is a decrease from 2020, which saw the highest number of building permits in the last 30 years. However, the number of residential building permits issued in 2021 are the third highest on record. There has been a steady increase in the development of duplex dwelling units in the last 5 years. Although majority of new residential units in 2021 were in the form of multiple dwelling (63%), this is a decrease from 2020 (66%) as well as 2019 (75%). 639 multiple dwelling units created in 2021 were within 4 tall buildings (9 storeys or higher), representing about 21% of the total new units created. The rest of the multiple dwelling units created were either additions to existing or new low to mid rise buildings, representing about 42% of the total new units created. New mid -rise multiple dwelling construction Page 209 of 410 4. Intensification Level The Region of Waterloo's Official Plan requires the achievement of the region-wide target of a minimum of 45% of all new residential development to be located within the Built-up Area (BUA). Map 1 below illustrates the location of Kitchener's BUA, Designated Greenfield Area (DGA) and built boundary line (the limits of the City's developed urban area as established by the Province in 2006). It also shows the location of new units created within these areas between June 16, 2021 and June 15, 2022. The minimum intensification target is subject to change through the Region's Official Plan review which is now awaiting a decision by the Province. Map 1 — Current Benchmarks — Intesification Levels BUILT BOUNDARY Units Created Inside Built Boundary' JUNE 16, 2021 - JUNE 15. 2622 1 UNITS CREATED BY LAND USE TYPE >1 and <=517 X50 and <=500 Units Created Outside Built Boundary* s o Lee • 1 SEMI-DETICHED 40 >1and <=50 0 150 and <=500 SCCUNincnenr£nSCC % OF UNITS Built BoundaryLine GREEr•IFIELD AREA BUILT UP AREA Urban Growth Centre (DDwntown)aEs.E _ Built Up Area "51% Designated Greenfield Area E •^° s" eg WOOLWICH v WATERLOO mva x .r l o `,MBRIDGE `SES. • 1 i WILMOT • �• e NORTH DUMFRIES Page 210 of 410 The most recent measures of new residential units by type in the BUA and DGA are indicated in Figure 4 below. Figure 4: Intensification and Designated Greenfield Area Development Levels (June 16/21- June 15/22) Dwelling Type Designated Greenfield Area New Residential Units Built -Up Area New Residential Units Total Single Detached 440 30 470 Semi -Detached* 8 55 63 Duplex 167 261 428 Street Townhouses* 203 2 205 Cluster Townhouses 6 39 45 Multiple Dwellings** 553 1,051 1,604 Detached ADUs 0 11 11 Total 1,377 1,449 2826 Percent of Total 49% 51% 100% *Includes duplex **Includes dwelling units within mixed use buildings The intensification level over the past year (new residential construction that occurs within the Built-up Area) was 51%. This continues to indicate that the City is on track to contribute towards, and in some years exceed, the minimum region -wide intensification target of 45%. As we have seen in recent years, when there is a substantial number of multiple dwelling units created in the Built -Up Area, the City's intensification level is higher. As the City's newer greenfield areas are opening up in the coming years, it is expected that the intensification rate may be lower in future years. Current Greenfield Subdivision under construction Page 211 of 410 Figure 5 illustrates the historic intensification levels, as per the Provincial Built Boundary Line. 70 A 50 Figure 5: Intensification Level (2001 to present) S 10 U O�Off'00O�&&O'1 Q%b001ONN 0NON111-N1b NO N1 N%NO O � In IO 1O IO 1O 1O 1O 1O 1O 1O �O 1O �O 1O 1O 1O �O 1O 1O 1O �O0'�O�';O0' Year The City expects to see "spike" (i.e. 2013, 2020) and "dip" (i.e. 2012, 2018) years with respect to the BUA intensification level as the timing of 2-3 multiple dwelling developments can affect the reported rate in a given year for a municipality the size of Kitchener. A multi-year average provides a better understanding, for growth monitoring purposes, of whether the City is on track to achieving the required intensification level. Figure 6 below illustrates the 5 -year average intensification levels from June 2007 to June 2022. Figure 6: 5 Year Average Intensification Levels Year 5 Year Average Intensification Level (%) June 2007 - June 2012 39 June 2012 - June 2017 48 June 2017 - June 2022 59 The 5 -year average Intensification Level (June 2017 — June 2022) is now at 59% with the 10 -year average (2012-2022) at 53.5%. Page 212 of 410 5. Intensification Areas — Existing Measures and Additional Capacity for New Growth Existing Measures Figure 7 quantifies the existing number of dwelling units, residents, jobs and density measure (residents and jobs per hectare) for the currently identified Intensification Areas within the BUA. Figure 7: Existing Measures for Current Intensification Areas The estimated density of the Urban Growth Centre (UGC) is 218 RJs/ha in 2022. These figures have not been adjusted to account for changes in office and work from home trends brought on by the COVID-19 pandemic. The extent to which pandemic -related changes will continue in the long term is uncertain. Nevertheless, interest in residential development within the UGC has remained robust during the pandemic period. Page 213 of 410 Non - Intensification Area Land Units Residents Residential Jobs Residents Area (Ha) Floor + Jobs/ha Space (m2) Urban Growth Centre 107 5,019 8,086 841,264 15,233 218 Primary Node 115 1,512 2,723 106,587 3,500 69 Mixed Use Nodes 294 4,602 8,297 214,254 6,167 46 Mixed Use Corridors 123 2,417 4,547 197,727 6,643 104 Neighbourhood Mixed Use 46 163 413 10,693 1,826 52 Centres Comprehensive 27 411 938 126,982 299 76 Development Areas Subtotal of 712 14,124 25,002 1,497,507 33,668 Intensification Areas Site Specific Intensification 1,273 2,461 721,568 7,676 53 Opportunities Grand Total 15,397 27,463 2,219,075 41,344 UGC data is provided by the Region based on Census, building permit and workplace count statistics. Job estimate for the UGC has not been updated for this year due to 2021 Census data on place of work being scheduled for release later this year. As such, job estimate for UGC is from the previous year. Outside of the UGC, population estimates are based on City and MPAC land use data and census persons per unit estimates. Job estimates are based on business directory or MPAC floor area and jobs per unit floor area assumptions. The estimated density of the Urban Growth Centre (UGC) is 218 RJs/ha in 2022. These figures have not been adjusted to account for changes in office and work from home trends brought on by the COVID-19 pandemic. The extent to which pandemic -related changes will continue in the long term is uncertain. Nevertheless, interest in residential development within the UGC has remained robust during the pandemic period. Page 213 of 410 Capacity for New Growth Figure 8 explores the estimated potential for accommodating new development within each of the intensification areas based on the existing zoning only. Figure 8: Additional Capacity Measures for Current Intensification Areas 500 Scenario The maximum amount of development permitted in the as -of -right zoning represents the City's total capacity to accommodate growth given current planning tools. It is anticipated that only some parcels within intensification areas will be redeveloped within the short or medium term for a variety of reasons. Some parcels will be developed at lower densities than the maximum permitted by zoning. Still others will receive zoning by-law amendments to exceed these maximums. In order to account for these factors, this report evaluates 50% of the maximum permitted by zoning as a reasonable estimate or proxy of opportunities for growth. Buildings and sites within the Urban Growth Centre and the City's other Intensification Areas are well positioned with existing land use, density, design approvals and amenities in place to accommodate some of the projected growth. New development applications and updates to the zoning in these areas as a result of the Comprehensive Review of the Zoning By-law (CRoZBy), and Major Transit Station Area land use/zoning reviews will continue to refine the planning framework and add to the capacity to accommodate growth in these areas. Page 214 of 410 Non - Residential Floor Residents Intensification Areas Area Ha Units Residents Space(m2) Jobs + Jobs/ha Urban Growth Centre 107 1,894 3,380 237,898 9,664 121 Primary Node 115 592 1,171 0 1,116 28 Mixed Use Nodes 294 7,073 13,596 683,491 18,884 117 Mixed Use Corridors 123 6,291 11,687 426,404 12,274 166 Neighbourhood Mixed Use 46 1,673 3,011 64,730 393 85 Centres Comprehensive 27 705 1,563 2,199 273 39 Development Areas Subtotal of Intensification 712 18,228 34,408 1,414,721 42,603 Areas Site Specific Intensification 2,493 4,458 218,901 4,211 41 Opportunities Grand Total 20,721 38,866 1,633,623 46,814 *Some data reported utilizes MPAC data which has limitations (i.e. non-residential building floor space). Buildings and sites within the Urban Growth Centre and the City's other Intensification Areas are well positioned with existing land use, density, design approvals and amenities in place to accommodate some of the projected growth. New development applications and updates to the zoning in these areas as a result of the Comprehensive Review of the Zoning By-law (CRoZBy), and Major Transit Station Area land use/zoning reviews will continue to refine the planning framework and add to the capacity to accommodate growth in these areas. Page 214 of 410 Figure 9 provides an account of the total number of dwelling units, residents, non-residential floor space and jobs that could result at build -out of the Intensification Areas. Figure 9: Total Measures (Existing + Additional Capacity) for Current Intensification Areas Given the additional opportunities for redevelopment, based on existing zoning, there is capacity and potential to accommodate more people and jobs within Kitchener's Intensification Areas. ` E lrrwre' .ted �`q2A � �'4 i 1 }. ! 1'°�I : r. Mt �e i 1 o An example of current downtown intensification Page 215 of 410 Non - Residential Intensification Area Floor Residents Areas Ha Units Residents Space(m2) Jobs + Jobs/ha Urban Growth Centre 107 6,913 11,466 1,079,162 24,897 339 Primary Node 115 2,104 3,893 106,587 4,616 97 Mixed Use Nodes 294 11,675 21,892 897,745 25,051 163 Mixed Use Corridors 123 8,708 16,234 624,131 18,917 270 Neighbourhood Mixed Use Centres 46 1,836 3,424 75,423 2,218 137 Comprehensive Development Areas 27 1,116 2,500 129,181 572 115 Subtotal of Intensification Areas 712 32,352 59,410 2,912,228 76,271 Site Specific Intensification Opportunities 3,766 6,919 940,469 11,887 94 Grand Total 36,118 66,329 3,852,698 88,157 Given the additional opportunities for redevelopment, based on existing zoning, there is capacity and potential to accommodate more people and jobs within Kitchener's Intensification Areas. ` E lrrwre' .ted �`q2A � �'4 i 1 }. ! 1'°�I : r. Mt �e i 1 o An example of current downtown intensification Page 215 of 410 6. Estimated Land Supply The estimated land supply for Kitchener is a total of the potential capacity within the BUA and the DGA. As development moves from raw land through the development approvals stage and eventually to construction, the land supply estimates become more accurate. 6.1 Potential Built-up Area Supply The Built-up Area land supply includes lands within the Built Boundary Line that are within intensification areas, are site specific intensification opportunities, include a minor intensification factor within existing communities (community interiors) and the potential supply from registered, draft approved and in -circulation subdivisions. Figure 10: Estimated Built-up Area Supply (capacity of intensification lands inside the Built Bounda Intensification Area Units Residents Non -Res. Space (m2)* Jobs Urban Growth Centre 1,894 3,380 237,898 9,664 Primary Node 592 1,171 0 1,116 Mixed Use Nodes** 7,073 13,596 683,491 18,884 Mixed Use Corridors 6,291 11,687 426,404 12,274 Neighbourhood Mixed Use Centres 1,673 3,011 64,730 393 Comprehensive Development Areas 705 1,563 2,199 273 Subtotal of Intensification Areas 18,228 34,408 1,414,721 42,603 Site Specific Intensification Opportunities 2,493 4,458 218,901 4,211 Total Potential Supply of Current Intensification Areas 20,721 38,866 1,633,623 46,814 Community Interiors 450 1,149 0 32 Registered (Vacant Land Inventory) 303 657 238,272 3,967 Draft Approved 121 328 0 0 In Circulation 0 0 0 0 Other Designated 0 0 0 0 Subtotal 874 2,134 238,272 3,999 Total Potential Supply (Current Zoning) 1 21,595 1 40,999 1 1,871,894 1 50,813 *Some data reported utilizes MPAC data which has limitations (i.e. non-residential building floor space). **Does not include Lackner/Fairway Mixed Use Node which is in the Designated Greenfield Area. Figure 10 illustrates that the City's current estimated Built-up Area land supply includes a potential capacity of approximately 21,068 dwelling units and 1.87 million square metres of non-residential floor space. Page 216 of 410 6.2 Potential Designated Greenfield Area Supply The potential Designated Greenfield Area (DGA) land supply includes all lands outside the Built Boundary Line that are designated for development in the City's Official Plan. The estimates will become more refined as land parcels within this area move through the development approval process. The dwelling unit numbers are primarily based on maximums for blocks of land that have a range of units. Similar to Figure 10, the DGA land supply includes intensification areas, site specific intensification opportunities, lands which have been designated in the Official Plan but do not currently have development applications and the potential supply from registered, draft approved and in -circulation subdivisions. Figure 11: Estimated Designated Greenfield Area Supply (lands outside the Built Boundary) Figure 11 illustrates that the City's current estimated Designated Greenfield Area land supply includes a potential capacity of approximately 16,700 residential units and 314,000 square metres of non-residential floor space. Page 217 of 410 Non -Res. Floor Space Greenfield Location Units Residents m2 Jobs Intensification Areas* 240 430 57,100 1,180 Site Specific Intensification Opportunities 0 0 41,428 316 Other Designated Lands** 5,780 13,180 112,954 6,016 Registered (Vacant Land Inventory) 3,383 8,523 77,992 1,097 Draft Approved 3,614 7,534 168 168 In Circulation 3,670 9,381 24,300 168 Total*** 16,687 39,048 313,942 8,945 *Includes Lackner/Fairway Mixed Use Node (outside Built Boundary Line) ** Using 55 residents+jobs/hectare assumption. Lands are net Provincial constraints only. No Hidden Valley Community included. Includes Rosenberg lands without a development application, based on densities in the Rosenberg Secondary Plan. ***Does not include any additional lands added in the Region Official Plan and City Official Plan to the City Urban Area. Once the land use designations are considered, the DGA supply estimates will be updated. Figure 11 illustrates that the City's current estimated Designated Greenfield Area land supply includes a potential capacity of approximately 16,700 residential units and 314,000 square metres of non-residential floor space. Page 217 of 410 6.3 Estimated Total Supply When combined, the potential land supply of both the BUA and DGA provides a total estimate for residential and employment land in Kitchener. Figure 12: Estimated Total Supply: Built-up Area and Designated Greenfield Area Location Units Residents Non-Res Jobs 104,775 Capacity 80,048 59,758 Total Built-up Area (BUA) 21,595 40,999 1,871,894 50,813 Designated Greenfield 16,687 39,048 313,942 8,945 Area (DGA) Total 38,282 80,048 2,185,837 59,758 The estimated supply of dwelling units has increased in the BUA and decreased in the DGA from June 2021. The total supply of dwelling units and non -res space is expected to eventually decrease as development continues to occur and the city moves towards a "mature state". The timing of development from the estimated supply of units is influenced by many factors including infrastructure timing, land owner priorities and market forces. As previously discussed throughout this report, the estimated land supply for Kitchener is based on existing lands within the City's urban area as per the 1994 Official Plan. It does not include any additional lands added in the Region's 2015 Official Plan and City's Official Plan to the City's urban area (within the DGA) nor does it include the intensification areas within the built-up area as outlined in the City's new Official Plan. Once urban land use designations are assigned to the additional DGA lands, the DGA supply estimates will be updated. In addition, once updates to zoning in the intensification areas have been completed and are in effect through the Comprehensive Review of the Zoning By-law (CRoZBy), and Major Transit Station Areas land use/zoning reviews, the supply numbers for the BUA will also be updated. 7. Current Capacity for Growth This section compares the current population and employment capacity with the population and employment allocations provided by the Region of Waterloo. Figure 13: Population Allocation vs. Estimated Capacity Page 218 of 410 Population Employment Existing* 274,014 104,775 Capacity 80,048 59,758 Total 342,048 150,758 2031 Growth Allocation 319,500 132,500 Difference 22,548 18,258 *Unofficial interim population as of mid -year 2022 and employment estimate as of mid -year 2021, Region Page 218 of 410 Kitchener's 2022 mid -year population estimated by the Region is now 274,000 approximately 6,000 more people than reported mid -year 2021. Figure 13 estimates that the City has an existing supply/capacity of developable land within the BUA and DGA that can accommodate more residents and jobs than the 2031 population and employment allocation from the Region. Maintaining capacity beyond these forecasts is important to meet the housing and employment needs of our growing community because not all sites within intensification area will be redeveloped within the 2031 planning horizon. 8. A Place to Grow Implementation On May 16, 2019 a new Growth Plan (A Place to Grow) came into effect which, among other things, provides for revised intensification levels and density targets. A Place to Grow was amended in 2020. The new targets will come into effect upon approval of the Regional Official Plan by the Province. It is expected that the City's growth management strategy and framework as well as the annual monitoring report may be revised following changes to the Region's Official Plan currently awaiting a decision by the Province and subsequently the City's Official Plan review. Growth Forecasts In response to previous Provincial growth forecasts (and Regional allocation thereof), the City developed background information in support of the KGMS that analyzes the growth capacity of various areas of the city. As indicated in Section 7.0 of this report, Kitchener has the capacity to accommodate the allocated growth into appropriate areas. The Province continues to update long-term growth forecast scenarios for the Greater Golden Horseshoe. These forecasts are required to be included within the Region's Official Plan and the allocations of these forecasts within local Official Plans. The Region's Official Plan is currently awaiting decision by the Province. At such time as the Regional Official Plan Amendment is approved by the Province to include different/further allocation of the forecasts for Kitchener, an update to the growth management assessment and the Kitchener Official Plan may be required. Urban Growth Centre The 2006 Growth Plan required that the Downtown Kitchener Urban Growth Centre be planned to achieve a minimum density of 200 RJs/ha by 2031. The City's Official Plan set this target at 225 RJs/ha by 2031. The present density is estimated at 218 RJs/ha. The UGC has exceeded the provincial minimum target and, with additional intensification projects currently happening or proposed in the UGC, the City is well positioned to meet and likely exceed the Official Plan minimum density target before 2031 providing continued opportunities for new housing and jobs within Kitchener's downtown. The minimum density target for the UGC is one way that Kitchener is required to track and report achievement of the Growth Plan target. Current work is underway to update the land use, zoning and design framework in the UGC and surrounding MTSAs to ensure complete, transit supportive communities. Intensification The 2006 Growth Plan required that 40% of residential development be directed to the BUA by 2015. The target within the Regional Official Plan is a minimum of 45% of all new residential development to be located within the BUA. The 2020 Growth Plan and the Regional Council adopted Regional Official Plan policies include a higher intensification level target. To monitor new development, the City has a dynamic system that tracks building permit issuance for new residential units inside and outside the Built Boundary Line. The most recent intensification level over a one-year period was 51% while the five-year average intensification level is now at 59%. Page 219 of 410 As indicated in Section 4.0, a multi-year average provides a better understanding, for monitoring purposes, of whether the City is on track to achieve the required intensification level. Designated Greenfield Area Densities The Growth Plan mandates that future development within the Designated Greenfield Area should achieve specific, transit -supportive density targets. Based on the 2006 Growth Plan, to contribute to meeting the Region's minimum density target of 50 residents and jobs combined per hectare for the entire Designated Greenfield Area shown in the Regional Official Plan, Kitchener's target is 55 residents and jobs per hectare in greenfield areas (residential subdivisions). This same target applies to other urban areas within the Region. Kitchener is well positioned to meet this target. There are several plans of subdivision that are in areas served, or will be served, by transit that meet or exceed Kitchener's target. The Kitchener Growth Management Plan (KGMP) provides a tool for identifying and tracking the Designated Greenfield Area density. Higher Designated Greenfield Area density targets are proposed through the Regional Official Plan awaiting decision from the Province and will need to be addressed in future monitoring reports. Planning Principles Planning a city is not just about achieving certain numerical targets. The majority of the Growth Plan includes policy direction to achieve healthy and complete communities. Kitchener has long been a leader in promoting walkable, transit -supportive development. Kitchener's efforts to continue to revitalize the Urban Growth Centre, clean up brownfield sites and achieve mixed use developments that are pedestrian -oriented are significant. Planning for a full range and mix of housing to meet the needs of households in all stages of their lives is also critical. We are further striving to enhance the linkages between land use planning and other community considerations such as transportation options, community infrastructure, social dynamics, economics and environmental conservation. Ultimately, the goal is to help achieve a higher quality of life in a complete and healthy community. 9. Regional Growth Management Strategy Implementation The goals outlined in the Regional Growth Management Strategy (RGMS), are largely reflected in the goals of the KGMS. 10. Kitchener Growth Management Strategy Implementation The KGMS encompasses six goals that facilitate managing growth and development within the City of Kitchener. These goals support the RGMS and have been adapted to the City of Kitchener context. All of the objectives, initiatives and recommendations of the KGMS have been completed in the past 12 years, with the most recent being the delivery of the new urban design manual in September 2019. 11. Kitchener's Growth Management Program The Kitchener Growth Management Plan (KGMP) is an evolution of the former Staging of Development program and is used as a tool to assist with the implementation of the KGMS. The KGM P establishes priority levels for development and infrastructure projects for each growth area within the City. It includes the prioritization and allocation of resources towards completing initiatives that are required to move lands from the draft approval stage to registration, construction and developing complete communities. The current KGMP (2019-2021+) was adopted by City Council in November 2019. This is the 13th edition of the annual growth monitoring report, and it has remained largely unchanged since the first version. This report tracks development and capacity in Intensification Page 220 of 410 Areas and Designated Greenfield Areas established in the 1994 Official Plan. This report does not include statistics for the Major Transit Station Areas (MTSAs) and many other intensification areas that were established in Kitchener's 2014 Official Plan. It is anticipated that the City's growth management program, including the strategy, framework and dynamic tracking and monitoring system, will be updated in future years to reflect: recent changes to provincial legislation; recent updates to the Region's Official Plan; and, subsequently the City's Official Plan review which will follow. Bill 23, More Homes Built Faster Act and other actions idented through the Housing Supply Action Plan 2022-2023 have the potential to affect the future of the Growth Management program if adopted. Bill 23 would see lower -tier municipalities take on the role of growth allocation and management. Additionally, the Province has signaled that changes to the Provincial Policy Statement and the Growth Plan for the Greater Golden Horseshoe are forthcoming which may require further Official Plan updates. Any changes that come into force will inform a revised growth management program. Staff are currently reviewing Kitchener's Growth Management Program, including the KGMP in light of the adoption of the Region's Official Plan and potential changes in provincial legislation through Bill 23 and anticipated changes to the Growth Plan and Provincial Policy Statement. Page 221 of 410 Staff Report r NJ :R 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: Stevenson, Garett — Interim Director of Planning, 519-741-2200 ext. 7070 WARD(S) INVOLVED: All Wards DATE OF REPORT: November 16, 2022 REPORT NO.: DSD -2022-483 SUBJECT: Significant Planning Applications Update - Quarterly Report RECOMMENDATION: For Information BACKGROUND: Planning staff provide a quarterly update report every March, June, September, and December of each year of all current significant development applications. It is important to be providing greater transparency on significant development applications with the community and Council. REPORT: Attached to this report, the Significant Planning Applications Quarterly Report (Q4 2022) provides a summary of the current Planning applications under review at the time of the preparation of this report. The current significant development applications section includes Subdivision, Official Plan Amendment, and Zoning By-law Amendments that have not received final approval. These are the bulk of the applications that Planning Staff consult with the community on an application specific basis. Significant development applications include property specific proposals as well as new greenfield communities (subdivisions). Additional details on the development applications can be found using the online mapping tool available at www.kitchener.ca/planningapplications. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 222 of 410 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. CONSULT — Significant development application specific engagements are undertaken for Official Plan Amendment, Zoning By-law, and Subdivision applications. Engagement includes mailing postcards to property owners and occupants of all buildings within 240 metres of the subject lands, publishing a newspaper notice when the application is first circulated and when the statutory public meeting is scheduled, as well as informal community meetings including Neighbourhood Meetings and/or site walks. A large plain language sign is also posted on the property. PREVIOUS REPORTS/AUTHORITIES: There are no previous reports/authorities related to this matter. APPROVED BY: Justin Readman — General Manager, Development Services ATTACHMENTS: Attachment A — Significant Planning Applications Quarterly Report (Q4 2022) Page 223 of 410 Attachment A — Significant Planning Applications Quarterly Report (Q4 2022) Current Significant Development Applications (Subdivision, Official Plan Amendment, Zoning By-law Amendment) WARD 1 528 LANCASTER ST W Proposal: A development with 5 multiple residential buildings of varying heights (i.e., 26, 20, 20, 16, and 10 storeys), and commercial uses on the ground floor of the 16 -storey building. File Number: OPA21/010/L/AP Description: The main purpose of the Official Plan Amendment is to re -designate the whole of the lands to Mixed Use and modify the Specific Policy Area to allow a maximum floor space ratio (FSR) of 5.8 and a maximum building height of 83m 26 storeys). Application Type: OPA Status: This application has been circulated and Planning staff are accepting and reviewing comments. File Number: ZBA21/015/L/AP Description: The main purpose of the Zoning By-law Amendment is to re -zone the whole of the lands to MIX -2, and to modify the site- specific provisions to allow an FSR of 5.8, a building height of 83m (26 storeys), a parking rate of 0.72 spaces per unit, among other requests for relief. Application Type: ZBA Status: This application has been circulated and Planning staff are accepting and reviewing comments. Staff Contact: Andrew Pinnell Neighbourhood Meeting Date: January 20, 2022 Owner: 528 LANCASTER STREET Applicant: WEST INC, 550 LANCASTER INC MHBC PLANNING Update Since Last Quarterly Report: Planning Staff and the Applicant are considering input provided at the Neighbourhood Meeting. A Zoning By-law application has been received for 26 Bridge Street to allow multiple dwellings and the existing buildings are proposed to be moved to that location. 104 WOOLWICH ST Proposal: Two 3.5 -storey multiple dwellings (stacked townhouses) with 24 dwelling units each (total of 48 dwelling units). File Number: OP18/007/W/AP Description: The owner is requesting a Site -Specific Policy to allow an FSR of up to 0.9. Application Type: OPA Status: This application has been circulated and Planning staff are accepting and reviewing comments. File Number: ZBA18/009/W/AP Description: The owner is requesting to change the zoning from Agricultural (A-1) to Residential Six Zone (R-6) along with a Site Specific Provisions to: a) reduce the minimum front yard from 4.5 metres to 1.0 metres, b) eliminate the requirement for Private Patio Areas for at -grade dwelling units, c) increase the maximum Floor Space Ratio from 0.6 to 0.9, and d) reduce the required parking from 1.75 spaces per unit to 1.2 spaces per unit. Application Type: ZBA Status: This application has been circulated and Planning staff are accepting and reviewing comments. Staff Contact: Andrew Pinnell Neighbourhood Meeting Date: TBD Owner: 1238455 ONTARIO LIMITED Applicant: GSP GROUP INC Update Since Last Quarterly Report: No update at this time. Page 224 of 410 507 FREDERICK STREET, 40-44-48 BECKER STREET Proposal: An addition to the existing funeral home is proposed with a crematorium, as well as an expanded parking lot along Becker Street. lots (total of 24 dwellings) and a 5 -unit street -townhouse block totaling File Number: OP17/003/F/GS Description: To change the land use designation of the three Becker Street properties from Low Rise Residential to Commercial, and to Description: A residential plan of subdivision consisting of single add a special policy in the Official Plan to permit a detached dwellings, semi-detached dwellings, and townhouse Crematorium/Cremator as a permitted use. Application Type: OPA Status: This application has been circulated and Planning staff are Status: This application has been circulated and Planning staff are accepting and reviewing comments. File Number: ZC17/010/F/GS Description: To change the zoning of the three Becker Street Description: To rezone the Site from Residential Four (R-4) and properties from Residential Six (R-6) with Special Use Regulation Residential Five (R-5) to the Low Rise Residential Five (RES -5) Zone 362U to COM -2 (General Commercial), and to add special regulation with a Site -Specific Provision to permit a maximum building height of provisions to all properties to define the front yard (due to multiple 12.5 metres. street frontages), permit a reduced Floor Space Ratio (FSR) of 0.17 Status: This application has been circulated and Planning staff are (a minimum of 0.6 is required), to permit a 0 metre setback from accepting and reviewing comments. Becker Street, and to permit 11 off-site parking to be included in the Neighbourhood Meeting Date: May 31, 2022. development, and to add a new Special Use Regulation in the Zoning Applicant: GSP Group Inc. By-law to permit a crematorium/cremator on site. Application Type: ZBA Status: This application has been circulated and Planning staff are provided at the Neighbourhood Meeting. accepting and reviewing comments. Staff Contact: Garett Stevenson Neighbourhood Meeting Date: November 23, 2021 Owner: Henry Walser Funeral Home Applicant: GSP GROUP INC. LTD Update Since Last Quarterly Report: Planning Staff and the Applicant are considering input provided at the Neighbourhood Meeting. Technical studies responding to comments at the Neighbourhood Meeting are under review. 26 STANLEY AVENUE & 31 SCHWEITZER STREET Proposal: The Site is proposed to be developed with a residential subdivision consisting of 42 single detached dwelling lots, 12 semi-detached dwelling lots (total of 24 dwellings) and a 5 -unit street -townhouse block totaling 71 residential units. The Proposed Development will be accessed by a future municipal road connecting to Stanley Avenue. File Number: 30T-21201 Description: A residential plan of subdivision consisting of single detached dwellings, semi-detached dwellings, and townhouse dwellings, totaling 72 units. Application Type: SA Status: This application has been circulated and Planning staff are accepting and reviewing comments. File Number: ZBA21/19/S/BB Description: To rezone the Site from Residential Four (R-4) and Residential Five (R-5) to the Low Rise Residential Five (RES -5) Zone with a Site -Specific Provision to permit a maximum building height of 12.5 metres. Application Type: ZBA Status: This application has been circulated and Planning staff are accepting and reviewing comments. Staff Contact: Brian Bateman Neighbourhood Meeting Date: May 31, 2022. Owner: Newo Holdings Limited Applicant: GSP Group Inc. Update Since Last Quarterly Report: A Neighbourhood Meeting was held on May 31, 2022 and Planning Staff and the Applicant are considering input provided at the Neighbourhood Meeting. Page 225 of 410 67-71 NELSON AVE Proposal: The Site is proposed to be developed with a private road with 23 single detached dwelling condominium units with a maximum building height of 11.0 metres. 23 private, at -grade parking spaces are proposed within garages. Nineteen (19) of the condominium units will front onto the proposed private condominium road while four (4) of the units will front onto Nelson Avenue. To facilitate the proposed development, the applicant is proposing to purchase a portion of the right-of-way lands that extend from Tagge Street from the City. File Number: ZBA22/01 1 /N/AP Description: Proposing to rezone the property from Residential 3 (R- 3) to Residential 4 (RES -4) to permit a private road with 23 single detached dwelling condominium units with a maximum building height of 11.0 metres. 23 private, at -grade parking spaces are proposed within garages. To facilitate the proposed development, the applicant is proposing to purchase a portion of the right-of-way lands that extend from Tagge Street from the City. Application Type: ZBA Status: This application has been circulated and Planning staff are accepting and reviewing comments. Staff Contact: Andrew Pinnell Neighbourhood Meeting Date: September 20, 2022 Owner: 2415274 Ontario Inc. Applicant: MHBC Planning Inc. Update Since Last Quarterly Report: A Neighbourhood Meeting was held on September 20, 2022 and Planning Staff and the Applicant are considering input provided at the Neighbourhood Meeting. WARD 1 - New Applications 26 BRIDGE STREET Proposal: To relocated two dwellings with heritage status from 544 and 546 Lancaster St W to the subject property and used as a single -detached and a duplex. File Number: ZBA22/01 1 /N/AP Description: To add site-specific zoning to allow 2 dwellings on the one lot; allow for a reduced side yard setback of 0.7 metres, rather than the required 1.2 metres; and allow for a reduced rear yard of 7.0 metres, rather than the required 7.5 metres. This would allow the relocation of two dwellings with heritage status to be relocated from 544 and 546 Lancaster St W to the subject property and used as a single -detached and a duplex. Application Type: ZBA Status: This application has been circulated and Planning staff are accepting and reviewing comments. Staff Contact: Andrew Pinnell Neighbourhood Meeting Date: TBD Owner: 550 Lancaster Inc. Applicant: MHBC Planning Inc. Update Since Last Quarterly Report: The applications are under review in conjunction with Applications OPA21/010/L/AP and ZBA21/015/L/AP. Page 226 of 410 WARD 2 1157 WEBER ST E Proposal: A mixed-use development consisting of a building with a 15 and 18 storey tower with a total of 378 residential dwelling units and ground floor commercial units. File Number: OPA21/007/W/BB Description: To change the land use designation from Commercial Description: To redesignate the property from Low Rise Residential Corridor to Mixed Use with a Special Policy Area. Application Type: OPA Status: This application has been circulated and Planning staff are Residential with Special Policy Area to permit a maximum FSR of accepting and reviewing comments. File Number: ZBA21/010/W/BB Description: To change the zoning of the lands from Commercial Two Status: This application has been circulated and Planning staff are to High Intensity Mixed Use Corridor with Site Specific regulations Application Type: ZBA Status: This application has been circulated and Planning staff are Description: The purpose of the proposed Zoning Bylaw Amendment accepting and reviewing comments. Staff Contact: Brian Bateman Neighbourhood Meeting Date: November 9, 2021 Owner: M K G HOLDING Applicant: GSP GROUP INC. CORPORATION Application Type: ZBA Update Since Last Quarterly Report: Planning Staff and the Applicant are considering input provided at the Neighbourhood Meeting. Staff Contact: Brian Bateman 142 FERGUS AVE Proposal: A 7 storey building consisting of 78 residential units with associated surface and underground parking. File Number: OPA22/002/F/BB Description: To redesignate the property from Low Rise Residential in the City of Kitchener Official Plan to Medium Rise Residential with Special Policy Area to permit a maximum FSR of 2.3. Application Type: OPA Status: This application has been circulated and Planning staff are accepting and reviewing comments. File Number: ZBA21/017/V/ES Description: The purpose of the proposed Zoning Bylaw Amendment is to rezone the Site to the RES -6 Zone with a Site -Specific regulations to permit a maximum FSR of 2.3, reduced side yard and rear yard setbacks, and a reduced vehicular parking rate. Application Type: ZBA Status: This application has been circulated and Planning staff are accepting and reviewing comments. Staff Contact: Brian Bateman Neighbourhood Meeting Date: May 25, 2022 Owner: 2467491 ONTARIO INC Applicant: GSP GROUP INC. Update Since Last Quarterly Report: A Neighbourhood Meeting was held on May 25, 2022. Planning Staff and the Applicant are considering input provided at the Neighbourhood Meeting. Page 227 of 410 WARD 2 — New Applications 7 MORRISON RD Proposal: A stacked townhouse development with 32 units and 45 parking spaces. File Number: OPA22/013/M/BB Description: To redesignate the property with a Special Policy Area to permit an increased maximum floor space ratio from 0.6 to 0.9. Application Type: OPA Status: This application has been circulated and Planning staff are accepting and reviewing comments. File Number: ZBA22/024/M/BB Description: To increase the floor space ratio, reduce parking, increased building height and reduced rear yard setback in order to develop the property with 32 unit stacked townhouses. Application Type: ZBA Status: This application has been circulated and Planning staff are accepting and reviewing comments. Staff Contact: Brian Bateman Neighbourhood Meeting Date: November 29, 2022 Owner: Klondike Homes Ltd Applicant: MHBC Planning Update Since Last Quarterly Report: A Neighbourhood Meeting is scheduled for November 29, 2022. Page 228 of 410 WARD 3 4396 KING ST E Proposal: An 8 -storey residential building located on the property at 25 Sportsworld Drive and a high-density, mixed-use building featuring 18 and 30 storey towers with ground -floor commercial uses on the property at 4396 King Street East, with a total of 616 dwelling units and 1,378 m2 of commercials ace. File Number: OPA21/009/K/AP Description: The Official Plan Amendment requests to redesignate the property from Commercial Campus to Mixed Use with a Specific Policy Area. Application Type: OPA Status: This application has been circulated and Planning staff are accepting and reviewing comments. File Number: ZBA21/014/K/AP Description: The applicant proposed to rezone the property from Commercial Campus (COM -4) to Mixed Use (MIX -3) and establish a Site -Specific Provision to allow a maximum building height of 99 metres (30 storeys), maximum Floor Space Ratio of 6.2, reduced parking rate of 0.85 spaces per dwelling unit (580 spaces), non- residential gross floor area reduction, among other matters. Application Type: ZBA Status: This application has been circulated and Planning staff are accepting and reviewing comments. Staff Contact: Andrew Pinnell Neighbourhood Meeting Date: March 31, 2022 Owner: SPORTSWORLD SHOPPING Applicant: GSP GROUP INC. CENTRE LTD Update Since Last Quarterly Report: Planning Staff and the Applicant are considering input provided at the Neighbourhood Meeting. 4220 KING ST E & 25 SPORTSWORLD CROSSING ROAD Proposal: Three buildings are proposed including a 14 -storey, 158 -unit residential tower oriented towards Sportsworld Crossing Road, an 18 -storey, 156 -unit residential tower located towards King Street East, and a 14 -storey, 212 -unit residential tower designed in an `L' shape with stepbacks to frame the intersection of King Street East and Deer Ridge Drive. File Number: OPA22/003/K/CD Description: To redesignate the Site from `Commercial Campus' to `Mixed Use' to permit the proposed high-density residential mixed- use building with a maximum Floor Space Ratio (FSR) of 4.0. Application Type: OPA Status: Planning staff will be presenting their recommendation at the Planning and Strategic Initiatives Committee (PSIC) meeting scheduled for December 12, 2022. File Number: ZBA22/005/K/CD Description: To change the zoning to MIX -3 with special regulations to permit a FSR of 4.0, whereas the Zoning By-law currently limits the FSR to 2.0 for `MIX -3' zones; to permit a maximum building height of 18 -storeys (68.6 metres) for the Site, whereas the Zoning By-law permits a maximum of 10 -storeys (32 metres); to permit a podium with a minimum height of 2 -storeys, whereas the Zoning By-law requires a minimum height of 3 -storeys; and, to permit a minimum ground floor building height of 3.5 metres, whereas the Zoning By- law requires a minimum ground floor building height of 4.5 metres. Application Type: ZBA Status: Planning staff will be presenting their recommendation at the Planning and Strategic Initiatives Committee (PSIC) meeting scheduled for December 12, 2022. Staff Contact: Craig Dumart Neighbourhood Meeting Date: June 7, 2022 Owner: The Tricar Group Applicant: GSP GROUP INC. Update Since Last Quarterly Report: This application is scheduled for a statutory public meeting at the PSIC meeting scheduled for December 12, 2022. Page 229 of 410 WARD 4 448 NEW DUNDEE RD Proposal: A condominium development with 24 single detached houses with frontage onto a private condominium road. Description: To change the zoning to Residential Six (R-6) to permit a multiple residential dwelling. File Number: ZBA20/003/N/AP Description: the application requests to change the zoning from R-1 Staff Contact: Craig Dumart Zone (allows single detached dwellings on lots with a min. lot area of Owner: A & F GREENFIELD HOMES Applicant: IBI Group LTD 4,000 m2 and min. lot width of 30 m2) to R-6 (allows single detached No update at this time. dwellings on lots with a min. lot area of 235 m2 and min. lot width of 9 m2). Application Type: ZBA Status: This application has been circulated and Planning staff are accepting and reviewing comments. Staff Contact: Andrew Pinnell Neighbourhood Meeting Date: November 25, 2021. Owner: HAYRE PROPERTIES INC Applicant: GSP Group Inc. Update Since Last Quarterly Report: Planning Staff and the Applicant are considering input provided at the Neighbourhood Meeting. Additional technical study is underway. 86 PINNACLE DR Proposal: A two storey 16 -unit senior -oriented residential building. File Number: ZBA19/003/P/KA Description: To change the zoning to Residential Six (R-6) to permit a multiple residential dwelling. Application Type: ZBA Status: On hold at the request of the Owner Staff Contact: Craig Dumart Neighbourhood Meeting Date: Sept. 10, 2019 Owner: A & F GREENFIELD HOMES Applicant: IBI Group LTD Update Since Last Quarterly Report: No update at this time. WARD 4 — New Applications 525 NEW DUNDEE RD Proposal: To change the ground floor storage units into residential units. File Number: ZBA22/022/N/TS Description: To change the zoning to permit 6 residential units on the ground floor of a mixed use building. Application Type: ZBA Status: This application has been circulated and Planning staff are accepting and reviewing comments. Staff Contact: Craig Dumart Neighbourhood Meeting Date: TBD Owner: HIP New Dundee GP Inc. Applicant: MHBC Planning Update Since Last Quarterly Report: The application is under review. Page 230 of 410 1000 NEW DUNDEE RD Proposal: A 127 unit Common Elements Condominium townhouse development which also includes private amenity space and a private SWM pond. File Number: 30T-22202 Description: The draft Plan of Subdivision (30T-22202) would create two blocks. Block 1 is planned to be developed with the subject townhouses. Block 2 contains Blair Creek, associated wetlands and a buffer and is proposed to be zoned Natural Heritage Conservation and dedicated to the City of Kitchener. Application Type: SA Status: This application has been circulated and Planning staff are accepting and reviewing comments. File Number: ZBA22/021/N/KA Description: To change the zoning to Residential Six (R-6) to permit a multiple residential dwelling. Application Type: ZBA Status: This application has been circulated and Planning staff are accepting and reviewing comments. Staff Contact: Katie Anderl Neighbourhood Meeting Date: December 1, 2022 Owner: Cachet Developments (New Applicant: Glen Schnarr & Associates Inc Dundee) Inc Update Since Last Quarterly Report: A Neighbourhood Meeting is scheduled for December 1, 2022. Page 231 of 410 WARD 5 161 GEHL PL Proposal: A new community with up to 235 residential dwelling units and open space blocks. File Number: OP18/006/G/GS Description: Proposing amendment to the Rosenberg Secondary File Number: OP16/001/R/KA Plan to revise land use designations for various lands to implement the proposed plan of subdivision. Application Type: OPA Status: This application has been circulated and Planning staff are Application Type: OPA accepting and reviewing comments. File Number: ZBA18/007/G/GS Description: The proposed amendment to the Zoning By-law is to File Number: ZC16/009/R/KA apply new zoning to the lands to implement the Rosenberg Secondary Plan (also proposed to be amended) to implement the Application Type: ZBA proposed plan of subdivision. Application Type: ZBA Status: This application has been circulated and Planning staff are File Number: 30T-16201 accepting and reviewing comments. File Number: 30T-18202 Description: A proposed Plan of Subdivision with up to 235 residential units and open space blocks. Application Type: SA Status: This application has been circulated and Planning staff are accepting and reviewing comments. Staff Contact: Garett Stevenson Neighbourhood Meeting Date: N/A Owner: 2079546 ONTARIO LIMITED Applicant: SGL PLANNING & DESIGN INC Update Since Last Quarterly Report: No update at this time. ROCKCLIFFE DR (FREURE SOUTH) Proposal: A new community with 471 new residential units including single detached, street townhouses & multiple dwellings. Parkland open space & stormwater management facilities are also proposed. File Number: OP16/001/R/KA Description: To change the designation of the easterly portion of land to high rise residential, designate a future park area as open space, and to adjust the limits of wooded areas designated as open space. Application Type: OPA Status: This application has been circulated and Planning staff are accepting and reviewing comments. File Number: ZC16/009/R/KA Description: To change the zoning from Restricted Business Park (B- 2) to residential and natural heritage conservation zones. Application Type: ZBA Status: This application has been circulated and Planning staff are accepting and reviewing comments. File Number: 30T-16201 Description: The plan of subdivision includes single detached, street townhouses & multiple dwellings along with parkland open space & stormwater management facilities. Application Type: SA Status: This application has been circulated and Planning staff are accepting and reviewing comments. Staff Contact: Katie Anderl Neighbourhood Meeting Date: TBD Owner: FREURE DEVELOPMENTS Applicant: MHBC PLANNING LTD LIMITED Update Since Last Quarterly Report: No update at this time. Archeological assessment work continues. Page 232 of 410 2219 OTTAWA ST S & 808 TRUSSLER RD Proposal: A new community with 240-409 new residential units including single detached, street townhouses & multiple dwellings. Institutional uses, a multi-use trail, a stormwater management system, parkland and open space blocks for the conservation of natural features on the property are also proposed. The existing buildings on the property will be demolished for the proposed development with the exception of the Shantz House, which will ultimately be designated a heritage property. File Number: OPA22/009/0/AP Description: The lands are currently designated Low Rise Residential, Natural Heritage Conservation and Mixed Use. The amendment proposes to align the proposed land uses with the proposed Plan of Subdivision. A Mixed Use land use designation is proposed on Blocks 11 and 12 to accommodate higher density multiple-residential developments. The Natural Heritage Conservation designation is proposed to apply to lands on which environmental features are located. Blocks 15, 16 and 18 are proposed to be designated as Open Space. Blocks 15 and 16 are proposed to be public parks, totaling 0.478 hectares of parkland. Block 18 is proposed to accommodate the stormwater management pond. Application Type: OPA Status: This application has been circulated and Planning staff are accepting and reviewing comments. File Number: ZBA22/016/0/AP Description: The Subject Lands are currently zoned Agricultural (A- 1) in Zoning By-law 85-1. The amendment proposes to bring the lands into Zoning By-law 2019-051 and apply the following zoning categories; RES-5 Low Rise Residential Five Zone with Site Specific Provisions, INS-1 Neighbourhood Institutional Zone with Site Specific Provisions, OSR-1 Recreation Zone, OSR-3 Open Space: Stormwater Management Zone, and NHC-1 Natural Heritage Conservation Zone. Application Type: ZBA Status: This application has been circulated and Planning staff are accepting and reviewing comments. File Number: 30T-22201 Description: The plan of subdivision includes single detached, street townhouses & multiple dwellings along with parkland open space & stormwater management facilities. Application Type: SA Status: This application has been circulated and Planning staff are accepting and reviewing comments. Staff Contact: Andrew Pinnell Neighbourhood Meeting Date: TBD Owner: Kitchener Trussler Holdings Applicant: Polocorp Inc. Inc. Update Since Last Quarterly Report: The initial circulation of the notice of application is completed and a Neighbourhood Meeting will be held next year. Page 233 of 410 490 HURON RD Proposal: The development proposal includes three multiple residential apartment buildings and commercial development along Huron Road and a combination of structured and surface parking. Full build out of the subject lands is anticipated to occur in phases. Vehicular access to the proposed development is proposed from both Huron and Strasburg Roads with two accesses from Huron Road and one access from Strasburg Road. File Number: OPA22/012/H/CD Description: The purpose of the OPA is to amend the existing special policy area for the subject lands to allow for a maximum height of 17 storeys within the portion of the site that is designated `Mixed Use'. Application Type: OPA Status: This application has been circulated and Planning staff are accepting and reviewing comments. File Number: ZBA22/019/H/CD Description: To amend the site specific zoning regulations for the portion of the lands zoned MIX -3 to permit the ground floor of any building located within 25 metres of the Strasburg Road street line to have a minimum height of 4.5 metres, that no minimum or maximum percent of non-residential gross floor area be required, to permit a maximum building height of 17 storeys and 53 metres, to permit a maximum FSR of 3, and that no minimum Ground Floor Street Line Fagade Width as a Percentage of the Width of the Abutting Street Line shall apply. Application Type: ZBA Status: This application has been circulated and Planning staff are accepting and reviewing comments. Staff Contact: Craig Dumart Neighbourhood Meeting Date: TBD Owner: 2517293 Ontario Inc. Applicant: MHBC Planning Ltd. Update Since Last Quarterly Report: The initial circulation of the notice of application is completed and a Neighbourhood Meeting will be held next year. WARD 5 — New Applications 495 HURON RD Proposal: A 10 storey, 148 unit multiple dwelling on the westerly portion of the property. File Number: ZBA22/020/H/TS Description: To remove holding provision 15H. Application Type: ZBA Status: This application has been circulated and Planning staff are accepting and reviewing comments. Staff Contact: Tim Se ler Neighbourhood Meeting Date: TBD Owner: Activa Holdings Inc. Applicant: MHBC Planning Ltd. Update Since Last Quarterly Report: This application is under review. Page 234 of 410 WARD 6 1257 OTTAWAT STREET SOUTH Proposal: The Site is proposed to be developed with a 3 -storey, 20 unit multiple dwelling building. File Number: ZBA22/009/0/ES Description: The application proposes to rezone the subject lands from R-3 in Zoning By-law 85-1 and RES -2 in Zoning By-law 2019- 051 to RES -5 in Zoning By-law 2019-051 with site specific provisions for increase in Floor Space Ratio. This would facilitate the redevelopment of the site that is proposing to remove the 2 existing single detached homes and replace it with a 3 -storey, 20 unit multiple dwelling build ing. Application Type: ZBA Status: Planning staff will be presenting their recommendation at the Planning and Strategic Initiatives Committee (PSIC) meeting scheduled for December 12, 2022. Staff Contact: Eric Schneider Neighbourhood Meeting Date: November 8, 2022 Owner: Yuliya Dotsenko, Ihor Applicant: Patterson Planning Consultants Dotsenko Update Since Last Quarterly Report: This application is scheduled for a statutory public meeting at the PSIC meeting scheduled for December 12, 2022. Page 235 of 410 WARD 8 400 WESTWOOD DR Proposal: To demolish the existing house and create four new lots for single detached dwellings. File Number: ZBA21/012/W/ES Description: To rezone the developable portion of the lands to site specific Residential Four (R-4). Application Type: ZBA Status: This application has been circulated and Planning staff are accepting and reviewing comments. Staff Contact: Eric Schneider Neighbourhood Meeting Date: January 13, 2022 Owner: NASIR BROMAND, ZAKIA Applicant: IBI GROUP BROMAND Update Since Last Quarterly Report: A Neighbourhood Meeting was held with the community on January 13, 2022. Planning Staff and the Applicant are considering input provided at the Neighbourhood Meeting. Page 236 of 410 WARD 9 321 COU RTLAN D AVE E Proposal: A new mixed-use community with residential, commercial, and employment uses. Three existing buildings are proposed to remain, including the six storey office building, the large distribution warehouse building, and the former maintenance garage. The remainder of the buildings are currently being demolished. The existing buildings will be repurposed for a mix of employment uses. New buildings are proposed to range from three storeys along Stirling Avenue South, to five -to -seven storeys along Courtland Avenue East, and between twenty-three and thirty-eight storeys along the rail line. In total, approximately 2818 residential units are proposed in various forms throughout the site. File Number: OP19/002/C/GS Description: An Official Plan Amendment is requested to implement new land use permissions for the proposed development. The existing land use designation for the subject lands is General Industrial with a site-specific policy in the Mill Courtland Woodside Park Secondary Plan. An amendment is requested to change the land use designations to Mixed Use, High Density Multiple Residential, and Neighbourhood Park. Application Type: OPA Status: This application has been circulated and Planning staff are accepting and reviewing comments. File Number: ZBA19/005/C/GS Description: The proposed subdivision application contains two medium density residential blocks, a high-density residential block, a medium density mixed use block, a mixed-use employment block, a park block, a street townhouse block, and two future development blocks. Road widening blocks are proposed along Courtland Avenue East. The blocks are arranged along a new proposed road to be named Olde Fashioned Way, running parallel to Courtland Avenue East from Palmer Avenue to Borden Avenue South. Palmer Avenue and Kent Avenue are proposed to be extended through the site to intersect with the proposed road. Application Type: ZBA Status: This application has been circulated and Planning staff are accepting and reviewing comments. File Number: 30T-19201 Description: The Zoning By-law Amendment proposes to implement the proposed land use designations with corresponding zoning. The proposed zoning is Medium Intensity Mixed Use Corridor Zone MU - 2 (a medium intensity mixed use zone that permits residential and commercial uses), Residential Nine R-9 (a high-rise residential zone), and Public Park Zone P-1 (a zone that is applied to public park spaces). Application Type: SA Status: This application has been circulated and Planning staff are accepting and reviewing comments. Staff Contact: Craig Dumart Neighbourhood Meeting Date: Jul 15, 2019. August 24, 2022. Owner: 321 COURTLAND AVE Applicant: GSP Group Inc. DEVELOPMENTS INC Update Since Last Quarterly Report: A second Neighborhood Meeting was held on August 24, 2022 to update the community on changes to the application. Updated information has been posted to the City's website. Page 237 of 410 1001 KING STREET E & 530-564 CHARLES STREET E Proposal: A 30 storey building that is 92.0 metres in height with 461 square metres of commercial space and 486 residential units. File Number: OPA22/001/K/KA Description: The requested Official Plan Amendment, proposes a special policy area for the subject lands on Map 10 of the King Street East Secondary Plan to permit a maximum Floor Space Ratio of 8.27. Application Type: OPA Status: This application has been circulated and Planning staff are accepting and reviewing comments. File Number: ZBA22-001/K/KA Description: The main purpose of the Zoning By-law Amendment is to add Special Provisions to the existing High Intensity Mixed Use Corridor Zone (MU -3) to permit a maximum floor space ratio of 8.27 instead of 4.0; a dwelling unit to be located at grade (along Charles Street for live work units) in a mixed use building; and a parking rate of 0.54 spaces per unit, visitor parking at 4% of required parking, and to permit parking for a Plaza complex to be 0. Application Type: ZBA Status: This application has been circulated and Planning staff are accepting and reviewing comments. Staff Contact: Katie Anderl Neighbourhood Meeting Date: March 23, 2022 Owner: King -Charles Properties Applicant: MHBC PLANNING Update Since Last Quarterly Report: A Neighbourhood Meeting was held with the community on March 23, 2022. Planning Staff and the Applicant are considering input provided at the Neighbourhood Meeting. 1251-1253 King Street East and 16 Sheldon Avenue South Proposal: A 24 storey mixed use residential building and an 8 storey residential building with a shared amenity area and shared structured parking facility with a proposed floor space ratio of 7.94. File Number: OPA21/008/K/CD Description: The Official Plan Amendment requests an increased Floor Space Ratio of 7.94 rather than 4.0. Application Type: OPA Status: Planning staff will be presenting their recommendation at the Planning and Strategic Initiatives Committee (PSIC) meeting scheduled for December 12, 2022. File Number: ZBA22/012/K/CD Description: The Zoning By-law Amendment is requested a site specific regulation to permit a maximum Floor Space Ration of 7.94, whereas a maximum of 4.0 is permitted, to permit a parking rate of 0.5 per unit (142 spaces for tenants and 36 spaces for visitors/commercial uses), and to permit residential uses and commercial uses both on the ground floor. Application Type: ZBA Status: Planning staff will be presenting their recommendation at the Planning and Strategic Initiatives Committee (PSIC) meeting scheduled for December 12, 2022. Staff Contact: Craig Dumart Neighbourhood Meeting Date: August 25, 2022 Owner: King Sheldon Kitchener Applicant: MHBC PLANNING LTD Holdings Inc. Update Since Last Quarterly Report: This application is scheduled for a statutory public meeting at the PSIC meeting scheduled for December 12, 2022. Page 238 of 410 459-509 Mill Street Proposal: The proposed development is comprised of 6 towers (ranging from 11 to 32 storeys in height) including up to 1500 residential units and 2013 square metres of commercial space. The Site fronts on to Mill Street and is located adjacent to the Mill ION station. Parking is provided through an underground parking structure and a podium parking structure. The Site will also include over 1200 bicycle parking spaces. File Number: OPA22/008/M/CD Description: The proposed Official Plan Amendment redesignates the Site from General Industrial Employment to Mixed Use with a Special Policy Area to permit an increase to the permitted Floor Space Ratio. The proposed amendment proposes a maximum FSR of 7.0 whereas the existing maximum FSR is 5.0. Application Type: OPA Status: This application has been circulated and Planning staff are accepting and reviewing comments. File Number: ZBA22/015/M/CD Description: The application proposes to remove the site from Zoning By-law 85-1 and add it to Zoning By-law 2019-051 and zone as "Mixed Use Three (MIX -3) Zone". The proposed site specific Zoning By-law regulations include a reduction to minimum rear yard from 7.5 metres to 5.5 metres for the building podium; a reduction to minimum rear yard from 7.5 metres to 2.5 metres for the building tower; and a reduction to minimum interior side yard from 4.0 metres to 0 metres for the building podium. Application Type: ZBA Status: This application has been circulated and Planning staff are accepting and reviewing comments. Staff Contact: Craig Dumart Neighbourhood Meeting Date: TBD Owner: Polocorp Inc. Applicant: Polocorp Inc. Update Since Last Quarterly Report: The initial circulation of the notice of application is completed and a Neighbourhood Meeting will be held next year. 130-142 VICTORIA ST S Proposal: A 25 storey mixed use building which includes 249 dwelling units and 4 retail units on the ground floor. File Number: OPA22/004//V/KA Description: The applicant is requesting a new Site Specific Policy be added to the current Mixed Use designation to permit a maximum FSR of 12.73. Application Type: OPA Status: This application has been circulated and Planning staff are accepting and reviewing comments. File Number: ZBA22/006/V/KA Description: The applicant is proposing to add Special Regulations to the existing MU -1 proposes an FSR of 12.73, a height of about 86 metres, as well as reductions to setbacks and reduced parking. Application Type: ZBA Status: This application has been circulated and Planning staff are accepting and reviewing comments. Staff Contact: Katie Anderl Neighbourhood Meeting Date: July 18, 2022 Owner: 1936026 ONTARIO INC Applicant: IBI Group Update Since Last Quarterly Report: A Neighbourhood Meeting was held with the community on July 18, 2022. Planning Staff and the Applicant are considering input provided at the Neighbourhood Meeting Page 239 of 410 45-53 COU RTLAN D AVE E Proposal: The proposed development is a purpose built rental development with a height of 6 storeys. At the base of the building, there are 5 townhouse style units facing Courtland Avenue. A mix of 1, 2 and 3 bedroom units are proposed, for a total of 64 residential units. One level of structured parking below grade is proposed with a total of 52 parking spaces. In addition, 4 barrier -free and 3 visitor parking spaces are located at the rear of the building on a surface parking area. The gross floor area of the building is approximately 5,607.5 m2 with a Floor Space Ratio of 2.4. File Number: OPA22/010/C/BB Description: The requested amendment proposes to add a special policy area for the subject lands to permit an increase in Floor Space Ratio (FSR) and building height. The current FSR is 1.0 for 43 and 49 Courtland and 1.5 for 53 Courtland Avenue. The OPA is requesting that the subject lands be permitted a maximum Floor Space Ratio of 2.4 for the entirety of the subject lands and a building height of 6 storeys. Application Type: OPA Status: This application has been circulated and Planning staff are accepting and reviewing comments. File Number: ZBA22/015/M/CD Description: The subject lands are zoned Commercial Residential One Zone (CR -1) with Special Regulation Provision 130. The application proposes a number of new site specific provisions to implement the proposed development including a Floor Space Ratio (FSR) of 2.4, whereas an FSR of 1.0 is permitted, to permit a side yard setback from eastern property line of 2.0 m whereas 3.0 m is required, to permit a maximum building height of 21 m whereas 18 m is permitted, to permit a maximum density of 251 units per hectare for the entire site, to permit a front yard setback of 1.5 metres whereas 3.0 m is required, to permit parking at a rate of 0.81 per unit for Multiple Dwelling Units, greater than 51.0 sq.m. in size whereas 1.25 spaces per dwelling unit is required for a total of 52 spaces, and to permit Visitor Parking at a rate of 13% of required parking whereas a 20% is required. Application Type: ZBA Status: This application has been circulated and Planning staff are accepting and reviewing comments. Staff Contact: Craig Dumart Neighbourhood Meeting Date: November 14, 2022 Owner: Cantrio Courtland General Applicant: MHBC PLANNING LTD Partner Ltd. Update Since Last Quarterly Report: The initial circulation of the notice of application is completed and a Neighbourhood Meeting was held on November 14, 2022. Page 240 of 410 146-162 Victoria Street s, 92-110 Park Street Proposal: A 3 tower (38, 36, & 25 storeys), mixed-use development containing 1,124 residential dwelling units, 1,750 square metres of ground-floor commercial space, 3 green roof/outdoor amenity areas on top of a 4-6 storey shared podium, 699 vehicle parking spaces and 675 secure bicycle parking spaces. File Number: OPA21 /011 //V/ES Description: Proposing a Special Policy Area to increase maximum floor space ratio and allow mixed use development with commercial on the ground floor and residential above. Application Type: OPA Status: Under Appeal File Number: ZBA21/017/V/ES Description: Proposes to remove the Subject Site from Zoning By- law 85-1 and add it to Zoning By-law 2019-051 as a "Mixed Use Three (MIX-3) Zone" with Special Regulations and Special Use Provisions. Application Type: ZBA Status: Under Appeal Staff Contact: Eric Schneider Neighbourhood Meeting Date: February 8, 2022 Owner: Innovations Developments Applicant: GSP Group Inc. Kitchener Ltd Update Since Last Quarterly Report: The applications were refused by Kitchener City Council and appealed by the Owner. A Case Management Conference has been scheduled for 1 day commencing on Wednesday December 14, 2022, at 10:00 a.m. and will be a virtual meeting. The virtual meeting can be accessed at the following link, https://global.gotomeeting.com/join/709076365. Page 241 of 410 WARD 10 22 WEBER ST W Proposal: A 19 -storey multiple residential building with 162 units, including 25 barrier free units. A total of 24 parking spaces are proposed at grade. File Number: OPA20/005/W/JVW Description: The applicant is now proposing to amend the designation to High Density Commercial Residential with a Special Policy Area in order to permit a floor space ratio (FSR) of 7.8. Application Type: OPA Status: A fifth Case Management Conference was held on September 30, 2022 and the hearing is scheduled to begin on March 13, 2023. File Number: ZBA20/013/W/JVW Description: The subject lands are currently zoned Commercial Residential Three (CR -3) in Zoning By-law 85-1. The applicant is proposing the same base zone with site specific special regulations to permit; an increase in height to 19 storeys, an increase in Floor Space Ratio to 7.8, To require a minimum ground floor fagade height of 4.5m, to reduce the required minimum landscaped area required from 10% to 8%, to reduce front and rear yard setbacks, and to reduce the required on-site parking to 24 spaces, including 8 visitor parking spaces. Application Type: ZBA Status: A fifth Case Management Conference was held on September 30, 2022 and the hearing is scheduled to begin on March 13, 2023. Staff Contact: Garett Stevenson Neighbourhood Meeting Date: Sept. 8, 2021 & March 3, 2022. Owner: 30 DUKE STREET LIMITED Applicant: MHBC PLANNING LTD Update Since Last Quarterly Report: Council refused the related Heritage Permit Application on August 22, 2022. A fifth Case Management Conference was held on September 30, 2022 and the hearing is scheduled to begin on March 13, 2023. Page 242 of 410 206-210 DUKE ST E & 46-50 MADISON AVE N Proposal: The development proposes 100 affordable dwelling units in the form an 8 storey multiple dwelling building. The 100 dwelling units include a mix of studio, one bedroom and two bedroom units ranging in size from 41.4 sq.m. to 75.3 sq.m. in size, with 33 of the 100 units being fully accessible. File Number: OPA22/006/R/TS Description: The application requests to permit the proposed development in the Medium Density Multiple Residential designation, but to add special regulation provisions for the increase in the maximum number of dwelling units to be 455 units per hectare and a total Floor Space Ratio of 3.6. Application Type: OPA Status: Planning staff will be presenting their recommendation at the Planning and Strategic Initiatives Committee (PSIC) meeting scheduled for December 12, 2022. File Number: ZBA22/010/R/TS Description: The application proposed to retain the Residential Seven Zone (R-7) with a number of the existing special regulations of 755R, but amend the existing zoning of the site to permit the following site specific regulations; to permit a balcony to project into a front lot line at 1.16m whereas 3.Om is required, to permit a canopy to be located at a minimum setback of 1.16m whereas the by-law regulates a canopy to extend 1.8m into required setback at 1.2m, to permit a minimum rear yard setback of 4.5m whereas 7.5m is required, to permit a maximum FSR of 3.6 whereas 2.0 is permitted, to permit an off street parking ratio of 0.55 per unit, whereas 1 per unit is required, and to permit an Multiple Dwelling Visitor parking ratio of 0 per unit, whereas 0.1 per unit is required for a site with 81+ units. Application Type: ZBA Status: Planning staff will be presenting their recommendation at the Planning and Strategic Initiatives Committee (PSIC) meeting scheduled for December 12, 2022. Staff Contact: Craig Dumart Neighbourhood Meeting Date: September 22, 2022 Owner: The Knossos Housing Applicant: MHBC Planning LTD Corporation Update Since Last Quarterly Report: This application is scheduled for a statutory public meeting at the PSIC meeting scheduled for December 12, 2022. Page 243 of 410 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 Staff Report r NJ :R 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 3 DATE OF REPORT: October 31, 2022 REPORT NO.: DSD -2022-447 SUBJECT: Official Plan Amendment OPA22/003/K/CD Zoning By-law Amendment ZBA22/005/K/CD 4220 King Street East and 25 Sportsworld Crossing Road Tricar Property Limited and 4220 King Street (Kitchener) Limited RECOMMENDATION: That Official Plan Amendment Application OPA22/003/K/CD for Tricar Property Limited and 4220 King Street (Kitchener) Limited requesting a change in land use designations from `Commercial' and `Commercial Campus' to `Mixed Use' to permit a high intensity mixed used 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 -2022-447 as Appendix `A', and accordingly forwarded to the Region of Waterloo for approval; and That Zoning By-law Amendment Application ZBA22/005/K/CD for Tricar Property Limited and 4220 King Street (Kitchener) Limited be approved in the form shown in the `Proposed By- law', and `Map No. 1, attached to Report DSD -2022-447 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 ZBA22/005/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 at 4220 King Street East and 25 Sportsworld Crossing Road. 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 mix -use development in a Major Transit Station Area. This area will transition over time, partly in advance of the extension of ION to the Sports world station, however as an MTSA, this station area is planned to accommodate a range of dense housing options and surrounding low-rise neighbourhoods will not likely be the focus of further intensification. Community engagement included: *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 320 of 410 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 sign on the properties; o follow up one-on-one correspondence with members of the public; o Neighbourhood Meeting held on June 7, 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 Owner of the subject lands addressed as 4220 King Street East and 25 Sportsworld Crossing Road are proposing to change the Official Plan designations from `Commercial' (4220 King Street East) and `Commercial Campus' (25 Sporstworld Crossing Road) to `Mixed Use' in the City of Kitchener Official Plan, and to change the zoning from `Arterial Commercial (COM -3)' (4220 King Street East) and `Campus Commercial (COM -4) with a site-specific provision (37)' (25 Sportsworld Crossing Road) in Zoning By-law 2019-051 to `Mixed Use Three (MIX -3) with Site Specific Provision (353) and Holding Provision 38H' to regulate the minimum commercial area, increase the Floor Space Ratio (FSR) , increase the building height, reduce the ground floor fagade height and podium height, regulate the maximum parking rate and to apply a Holding Provision to require a noise study to the satisfaction of the Region of Waterloo. Staff are recommending that the applications be approved. BACKGROUND: Tricar Property Limited and 4220 King Street (Kitchener) Limited have 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 subject lands at 4220 King Street East and 25 Sportsworld Crossing Road to permit the lands to be developed with high intensity mixed used development. The proposed development will include a 14 storey mixed use building at 4220 King Street with 210 residential units and 2,269 square metres of commercial spaces and 394 parking spaces proposed to be underground, internal to the building, and on a surface parking lot. The subject lands at 25 Sportsworld Crossing Road are proposed to be developed with a two tower building, including a tower with a height of 15 storeys and a tower with a height of 18 storeys. The mixed-use development will include 1,382 square metres of commercial spaces and 428 underground, structured, and surface parking spaces. The lands are designated `Commercial' (4220 King Street East) and `Commercial Campus' (25 Sportsworld Crossing Road) in the City of Kitchener Official Plan and zoned `COM -3 Arterial Commercial (COM -3)' (4220 King Street East) and `Campus Commercial (COM -4) with a site-specific provision (37)' (25 Sportsworld Crossing Road) in Zoning By-law 2019- 051. The existing zoning permissions do not have a maximum Floor Space Ratio or building height regulations and permit a wide range of commercial uses. The zoning does not currently permit any residential uses. Site Context The proposed development includes two separate properties, 4220 King Street East and 25 Sportsworld Crossing Road that will be development separately in two phases. 25 Sportsworld Crossing (which is proposed as phase 1) is an irregular shape parcel of vacant land with frontage on both King Street East and Sportsworld Crossing Road. 25 Sportsworld Crossing Road has 95.8 metres of frontage along King Street East and 125 metres of frontage along Sportsworld Crossing Page 321 of 410 Road with a lot area of 1.14 hectares (2.82 acres). 4220 King Street East (Phase 2 of the proposed development) is a rectangular -shaped parcel of land with 75 metres frontage along King Street East and access off a privately owned road. Both properties also have existing easements for access over 4278 King Street East. 4220 King Street East is currently developed with a one -storey commercial building occupied by a restaurant (Mandarin) and furniture store (Home Style Furniture) and has a lot area of 0.90 hectares (2.23 acres). The subject lands are completely surrounding by commercially developed lands and buildings to the north, south, east and west and are situated within close proximity to Highway 8 and Highway 401. Furthermore, the planned Sportsworld LRT station stop is located directly in front of the subject lands at 25 Sportsworld Crossing Road. 4 N 6/�z 61? SUBJECT AREA W POOH S� c� G1P 0. 0� PIONEER TOWER RD SU BJ ECT AR 10'Iddik,EAEA SPOT, 7zs, 2 It Ro C,P , �.vvMANgr,'D Figure 1 - 4220 King Street East and 25 Sportsworld Crossing Road REPORT: The applicant is proposing to develop the subject lands with a mixed-use development consisting of three towers 14, 15 and 18 storeys in height. The proposed development includes 520 dwelling units with 3,651 square metres of commercial space and 922 parking spaces located both underground, internal to the buildings, and on a surface lot. Vehicular access to the developments are proposed through access off of the existing laneway (private laneway) at 4278 King Street East and access off of Sportsworld Crossing Road and a private road. Table 1 below highlights the development concept statistics while Figures 2, 3 and 4 show the proposed development concept site plans and renderings of the development proposal. Page 322 of 410 Table 1. Pronosed Develonment Concent Statistics Figure 2 — Development Concept Site Plan 25Sportsworld Crossing Road (Phase 1) Page 323 of 410 Development Concept Number of towers 3 towers Building Heights 14, 15, and 18 storeys Number of Residential Units 520 Commercial Space 3,651 square metres Parking Spaces 922 parking spaces Class A (indoor secured) Bicycle Parking 265 Class B (outdoor visitor) Bicycle Parking 38 Floor Space Ratio 4.0 Unit Types 1 Bedroom: 177 2 Bedroom: 333 Figure 2 — Development Concept Site Plan 25Sportsworld Crossing Road (Phase 1) Page 323 of 410 u u �s u u�r■ I �L Figure 2 — Development Concept Site Plan 25Sportsworld Crossing Road (Phase 1) Page 323 of 410 Figure 3 — Development Concept Site Plan 4220 King Street East (Phase 2) Figure 4 —Development Rendering: The front elevations at the corner of King Street East and Sportsworld Crossing Road. Page 324 of 410 To facilitate the redevelopment of the subject lands with the proposed development concept, an Official Plan Amendment and a Zoning By-law Amendment are proposed to change the land use designation and zoning of the subject lands. The lands are currently designated `Commercial' (4220 King Street East) and `Commercial Campus' (25 Sportsworld Crossing Road) in the City of Kitchener Official Plan and zoned `COM -3 Arterial Commercial (COM -3)'(4220 King Street East) and `Campus Commercial (COM -4) with a Site -Specific Provision (37)' (25 Sportsworld Crossing Road) in Zoning By-law 2019-051. The owner is proposing to change the land use designation to `Mixed Use' in the City of Kitchener Official Plan and to change the zoning to `Mixed Use Three (MIX -3) with Site Specific Provision (353) and Holding Provision 38H' in Zoning By-law 2019-051 to regulate the minimum commercial area, increase the Floor Space Ratio (FSR) , increase the building height, reduce the ground floor fagade height and podium height, regulate the maximum parking rate and to apply a Holding Provision to require a noise study to the satisfaction of the Region of Waterloo. Staff are recommending that the applications be approved. 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, 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, 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 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 Page 325 of 410 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 high intensity mixed-use development that is compatible with the surrounding community, helps manage growth, will contribute towards a complete community, 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; 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 Page 326 of 410 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 Sportsworld 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 and these lands are within the Sportsworld Station MTSA as the planned Sportsworld LRT station stop is located directly in front of the subject lands at 25 Sportsworld Crossing Road. The proposed development represents 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 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 `Commercial' (4220 King Street East) and `Commercial Campus' (25 Sportsworld Crossing Road) in the City of Kitchener Official Plan. Lands designated as Commercial provide for a range of commercial activities and are intended to ensure that commercial activities are well distributed, accessible and able to respond to the needs of the city's residents, employees, businesses and visitors while lands designated as Commercial Campuses are intended to serve the day-to-day and weekly commercial needs of the surrounding community and developed Page 327 of 410 as comprehensively planned commercial uses functioning as a unit and consisting of individual buildings or multi -unit building groupings. The applicant is proposing to change the land use designation to `Mixed Use' to the subject lands. The Mixed Use land use designation plays an important role in achieving the planned function of the MTSA intensification area. Lands designated Mixed Use have the capacity to accommodate additional density and intensification of uses. Development and redevelopment of lands within lands designated Mixed Use must implement a high standard of urban design. The Floor Space Ratio (FSR) requirements for all new residential or mixed use building development or redevelopment within lands designated Mixed Use will be a minimum Floor Space Ratio of 0.6 and a maximum Floor Space Ratio of 4.0 within a Major Transit Station Area. Policy 17.E.13.1. of the City of Kitchener Official Plan require 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 implement this Plan 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 development will help to increase density in an area well served by nearby transit and future rapid transit while being context sensitive to surrounding lands and provides excellent access to off-road pedestrian and cycling facilities. The proposed development is located in a prime location for high intensity mixed use development. The subject lands are located directly in front of the future Sportsworld LRT station stop. Low rise neighbourhoods are located farther away, they will not be directly impacted by this development and those low rise neighbourhoods will not be areas of significant intensification. The proposed development introduces a new form of housing to the surrounding area with a mix of unit types. The existing surrounding area is dominated by housing that is owner -occupied low rise ground oriented dwellings in the form of single detached, semi detached and townhouse units. Housing diversity is needed to provide a greater housing choice, and meet the needs of increasingly diverse residents and household types such as young families, professionals, retirees, people with disabilities, all with a various range of income. Diverse housing types for this area of the City of Kitchener will be planned through future MTSA planning work. This application is in advance of that work and can be considered based on urban structure and future planned function of the community. As such, staff Page 328 of 410 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 environmentally -friendly city. Urban Design Policies: The City's urban design policies are outlined in Section 11 of the City's OP. 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 — All Street frontages are activated by at -grade commercial units, with a combined 3,651 square metres of commercial space proposed along the King Street East, Sportsworld Crossing Road and the private road. Furthermore, both buildings' principal entrances and lobbies are located at grade with direct access to public sidewalks. The three towers include podiums that have defined bases which will enhance 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 buildings 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 three towers have well defined podiums and building step backs which helps enhance the public realm. Tower Design All three proposed towers are classified as a slab towers. All three of the towers have been oriented towards street frontages with 2-3 storey podiums and building stepbacks. All three of the towers massing is broken up vertically by variation and the articulation of building materials. Furthermore, balconies for the residential units are included on the street -facing elevations. 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. The only exception is the entrance at the southwest corner of Tower C (4220 King Street East) where higher wind speeds and conditions are anticipated during the winter. Wind control features will be required through the detailed design stage during the site plan application process. Page 329 of 410 Tall Buildina 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 within the planned MTSA for the Sportsworld LRT station stop which is located directly in front of the subject lands at 25 Sportsworld Crossing Road. The proposed development also has excellent access to planned on and off-street cycling facilities. 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, 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 residential 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 Page 330 of 410 contemplated to include a range of unit types including, 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 3 of the 2014 Official Plan be changed from `Commercial' (4220 King Street East) and `Commercial Campus' (25 Sportsworld Crossing Road) to `Mixed Use'. 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 in the form shown in Appendix "A". Proposed Zoning By-law Amendment: 4220 King Street East is zoned `COM -3 Arterial Commercial (COM -3)' in Zoning By-law 2019-051 and' 25 Sportsworld Crossing Road is zoned `Campus Commercial (COM -4) with Site -Specific Provision (37)' in Zoning By-law 2019-051. The existing zoning permissions permit wide range of commercial uses, do not permit any residential uses and do not have maximum Floor Space Ratio (FSR) or building height regulations. The applicant has requested an amendment to change the zoning from `COM -3 Arterial Commercial (COM -3)' (4220 King Street East) and `Campus Commercial (COM -4) with Site -Specific Provision (37)' (25 Sportsworld Crossing Road) in Zoning By-law 2019-051 to `Mixed Use Three (MIX -3) with Site -Specific Provision (353) and Holding Provision 38H' in Zoning By-law 2019-051. 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 Site -Specific Provision (353) and Holding Provision 38H to Zoning By-law 2019-051. The proposed Site -Specific Provision will permit an increased Floor Space Ratio (FSR), impose a maximum building height, impose a maximum number of parking spaces, allow for a decreased ground floor fagade and podium, regulate the Page 331 of 410 minimum required commercial space and prohibit geothermal wells. The Holding Provision will require a noise study to be completed to the satisfaction of the Region of Waterloo. Staff offer the following comments with respect to Site Specific Provision (353): a) That the maximum Floor Space Ratio shall be 4.0 and shall be calculated pre -road widening. 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) The maximum building height shall be 70.0 metres The purpose of this regulation is to cap the building height to ensure development does not exceed the height shown in the concept plans. c) The maximum number of storeys shall be 18 The purpose of this regulation is to cap the number of storeys ensure development does not exceed the number of storeys shown in the concept plans. d) The maximum parking rate for multiple dwelling units shall be 1.4 spaces per unit inclusive of visitor parking. The purpose of this regulation is to cap the number of parking spaces for a development located in a Major Transit Station Area. e) The minimum ground floor building height for any building with street line fagade shall be 3.0 metres The purpose of the regulation is to provide relief to the minimum ground floor fagade height along a street line which requires a 4.5 metre ground floor fagade height. Due to the significant grade change along King Street the entire frontage cannot provide for 4.5 metre ground floor facade. f) The minimum number of storeys in the base of a mid -rise building or tall building shall be 2. The purpose of this regulation is to ensure a well defined podium base is provided that implements the concept plans shown for the proposed development. g) The minimum non residential gross floor area shall be 1,380 square metres The purpose of this regulation is ensure adequate commercial space is provided for the proposed mixed use development. h) 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 38H: 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 Page 332 of 410 have not yet been fully resolved. A Holding provision may be used in order to facilitate the implementation of the `MIX -3' zone and site specific 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 38H Planning staff are recommending the following holding provision as part of the Zoning By-law Amendment: "No residential use shall be permitted until such time as a 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." Building noise mitigation measures will be reviewed through the site plan design and approvals process. Approval of the noise study by the Region of Waterloo 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 `Mixed Use Three (MIX -3) with Site -Specific Provision (353) and Holding Provision 38H' represents good planning as it will facilitate the redevelopment of the lands with a mixed-use development that is compatible with the existing neighbourhood and surrounding area, which will add visual interest at the street level, provide enhanced landscaping that will contribute to the streetscape, and which 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 February 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: GSP Group, January 2022 Urban Design Brief Prepared by: GSP Group, January 2022 Elevations, Tall Building Analysis, Massing Model and Shadow Study Prepared by: Kasian Architecture Ontario Incorporated, November 2021 Windy Study Prepared by: RWDI, November 2021 Page 333 of 410 Environmental Noise Impact Feasibility Study Prepared by: J.E. Coulter Associates Limited, November 2021 Traffic Impact Study: Prepared by: Stantec Consulting Ltd, December 2021 Detailed Vegetation Plan Prepared by: Stantec Consulting Ltd, November 2021 Functional Servicing Report Prepared by: Stantec Consulting Ltd, November 2021 Stormwater Management Report Prepared by: Stantec Consulting Ltd, November 2021 Phase One Environmental Site Assessment Report Prepared by XCG Consulting Limited, December 2021 Phase Two Environmental Site Assessment Report Prepared by XCG Consulting Limited, December 2021. Community Input & Staff Responses Staff received written responses from 13 residents with respect to the proposed development. These are included in Appendix `D'. A Neighbourhood Meeting was held on June 7, 2022. In 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 Support for the development There is support for the redevelopment of the underutilized properties. There is not enough park space and Parks and Cemeteries staff identified deficient parkland in open space in the area. the area however parkland is not being taken at this site specifically and rather Parkland dedication in the form of Cash -in -lieu will be required through the site plan approval process. To alleviate pressures on existing public park spaces, the proposed development includes 4,707.2 square metres (50,665.73 sq. ft) of landscaped amenity space located on the third level podiums of the buildings as well as at grade amenity spaces for future residents. The development will result in a A Traffic Impact Study was submitted and reviewed by significant increase in traffic and Regional Transportation staff who did not identify any result in traffic congestion on local major traffic concerns as a result of the proposed streets. development. Both 4220 King Street East and 25 Sportsworld Crossing Road have controlled access to King Street with existing traffic lights and left turn lanes off of King Street East into the private road and Sportsworld Crossing Road where the primary vehicular access is located. No new vehicular access points off of King Street Page 334 of 410 are proposed. This development will be supported with the future extension of ION with a station location immediately adjacent to the site, offering a future transportation option. Planning Conclusions In considering the foregoing, staff are supportive of the proposed Official Plan Amendment and Zoning By-law Amendment to permit 4220 King Street East and 25 Sportsworld Crossing Road to be developed with a 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 regarding the application was posted to the City's website in February 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 February 16, 2022. In response to this circulation, staff received written responses from 13 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, 2014 • City of Kitchener Zoning By-law 2019-051 REVIEWED BY: Malone -Wright, Tina— Interim Manager of Development Review, Planning Division Page 335 of 410 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 336 of 410 • • U) CID co 0 • • • • LLE • .� • • • • • • • • ' • • ' a • • • . • •UJ . . • u • ���:,� ........ .. :::::::•LLI ....... I r, ....N I t r t + ......... IL LL LLI .........LLI ::o • upon. r i+ T r i+ T r i+ T • I■■■■■■■■ .■■■■■■■■ F { { F 1.■■■■.■■ T { T { { NORM ..■■■■.■■ t i+ i+ t i+ • e SHUM i { i { • UM IM T t + T t + T t + noon. IM �000■ t { t { t { :::: .■■■■■■■■ SUNnoon. ■0000 t t n0000 _ f { { t ........... 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' 0000000000 ..........■■■■ MUM ..........■■■■.�� no , 1- AMENDMENT NO. _TO THE OFFICIAL PLAN OF THE CITY OF KITCHENER CITY OF KITCHENER 4220 King Street East and 25 Sporstworld Crossing Road Page 338 of 410 AMENDMENT NO. TO THE OFFICIAL PLAN OF THE CITY OF KITCHENER CITY OF KITCHENER 4220 King Street and 25 Sporstworld Crossing Road 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 339 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 (2014). 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 3 -Land Use by redesignating lands from 'Commercial' (4220 King Street East) and `Commercial Campus' (25 Sportsworld Crossing Road) to 'Mixed Use' 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, 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, 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 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 Page 340 of 410 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 high intensity mixed-use development that is compatible with the surrounding community, helps manage growth, will contribute towards a complete community, 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; 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 Page 341 of 410 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 Sportsworld 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 and these lands are within the Sportsworld Station MTSA as the planned station stop for the Sportsworld LRT station stop is located directly in front of the subject lands at 25 Sportsworld Crossing Road. The proposed development represents 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 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 `Commercial' (4220 King Street East) and `Commercial Campus' (25 Sportsworld Crossing Road) in the City of Kitchener Official Plan. Lands designated as Commercial provide for a range of commercial activities and are intended to ensure that Page 342 of 410 commercial activities are well distributed, accessible and able to respond to the needs of the city's residents, employees, businesses and visitors while lands designated as Commercial Campuses are intended to serve the day-to-day and weekly commercial needs of the surrounding community and developed as comprehensively planned commercial uses functioning as a unit and consisting of individual buildings or multi -unit building groupings. The applicant is proposing to change the land use designation to `Mixed Use' to the subject lands. The Mixed Use land use designation plays an important role in achieving the planned function of the MTSA intensification area. Lands designated Mixed Use have the capacity to accommodate additional density and intensification of uses. Development and redevelopment of lands within lands designated Mixed Use must implement a high standard of urban design. The Floor Space Ratio (FSR) requirements for all new residential or mixed use building development or redevelopment within lands designated Mixed Use will be a minimum Floor Space Ratio of 0.6 and a maximum Floor Space Ratio of 4.0 within a Major Transit Station Area. Policy 17.E.13.1. of the City of Kitchener Official Plan require 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 implement this Plan 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 development will help to increase density in an area well served by nearby transit and future rapid transit while being context sensitive to surrounding lands and provides excellent access to off-road pedestrian and cycling facilities. The proposed development is located in a prime location for high intensity mixed use development. The subject lands are located directly in front of the future Sportsworld LRT station stop. Low rise neighbourhoods are located far away, they will not be directly impacted by this development and those low rise neighbourhoods will not be intensification areas. The proposed development introduces a new form of housing to the surrounding area with a mix of unit types. The existing surrounding area is dominated by housing that is owner -occupied low rise ground Page 343 of 410 oriented dwellings in the form of single detached, semi detached and townhouse units. Housing diversity is needed to provide a greater housing choice, and meet the needs of increasingly diverse residents and household types such as young families, professionals, retirees, people with disabilities, all with a various range of income. Diverse housing types for this area of the City of Kitchener will be planned through future MTSA planning work. This application is in advance of that work and can be considered based on urban structure and future planned function of the community. As such, 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 environmentally -friendly city. Urban Design Policies: The City's urban design policies are outlined in Section 11 of the City's OP. 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 — All Street frontages are activated by at -grade commercial units, with a combined 3,651 square metres of commercial space proposed along the King Street East, Sportsworld Crossing Road and the private road. Furthermore, both buildings' principal entrances and lobbies are located at grade with direct access to public sidewalks. The three towers include podiums that have defined bases which will enhance 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 buildings 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 three towers have well defined podiums and building step backs which helps enhance the public realm. Tower Design All three proposed towers are classified as a slab towers. All three of the towers have been oriented towards street frontages with 2-3 storey podiums and building stepbacks. All three of the towers massing is broken up vertically by variation and the articulation of building materials. Furthermore, balconies for the residential units are included on the street -facing elevations. Page 344 of 410 Shadow Impact Stud 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. The only exception is the entrance at the southwest corner of Tower C (4220 King Street East) where higher wind speeds and conditions are anticipated during the winter. Wind control features will be required through the detailed design stage during the site plan application process. 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 within the planned MTSA for the Sportsworld LRT station stop which is located directly in front of the subject lands at 25 Sportsworld Crossing Road. The proposed development also has excellent access to planned on and off-street cycling facilities. 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, 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 Page 345 of 410 The proposed Official Plan Amendment and Zoning By-law Amendment applications support a more compact residential 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, 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 3 of the 2014 Official Plan be changed from `Commercial' (4220 King Street East) and `Commercial Campus' (25 Sportsworld Crossing Road) to `Mixed Use'. 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. Page 346 of 410 SECTION 4—THE AMENDMENT The City of Kitchener Official Plan (2014) is hereby amended as follows: a) Amend Map No. 3 — Land Use by: i) Designating the lands municipally addressed as 4220 King Street East and 25 Sporstworld Crossing Road `Mixed Use' instead of `Commercial' (4220 king Street East and `Commercial Campus' (25 Sportsworld Crossing), as shown on the attached Schedule W. 10 Page 347 of 410 APPENDIX 1: Notice of the Planning & Strategic Initiatives Committee Meeting (December 12, 2022) NOTICE OF PUBLIC MEETING � for a development in your nleighbourhaad 4220 King St. E. Et 25 Sportsworld Crossing Kd. Have Your Voice Herd! JAI ff 0 0 Mixed Use 3 Buildings, S20 Residential 14 to 18 Units Storeys Date: December 12, 2022 Time: 3:40 P.M. Location: Council Chambers, Kitchener City Hall 20D King Street West prVirtual Zoom Meeting To view the staff report, agenda, meeting details, start time of this item or to appear as a delegation, visit: kitchenear.ca meetings To learn more about this project, including information on your appeal dghts,Asit: www.kitchenercal PlanningApplications or contact Craig Dumarty Senior Planner 519.741.2200 x 7073 craig.dumart[a kitchener.ca Official flan Amendment and Zoning By-law Amendment applications will be considered to facilitate a mixed-use development with three buildings 14, 15 and 18 -storeys in height providing 520 residential dwelling units, with a Floor Space Ratio (FSI) of 4,0, a decreased podium height and decreased ground floor fa+ ade along a street line. 11 Page 348 of 410 APPENDIX 2: Minutes of the Planning & Strategic Initiatives Committee Meeting (December 12, 2022) 12 Page 349 of 410 APPENDIX 3 - Minutes of the Meeting of City Council (December 26, 2022) 13 Page 350 of 410 Z ch w } o Z 0 zz J O OU O w NN O U Z LLJ N W = o m ZEN W I-�N N Q Z LLI ZZ W N Q x 0 x` 0 ,X Y w Z LLI w O_ ON 0 Q U w r, J 0 2 N O O x Q U O Z H w J N z W Q U J— 00 a W N 0 Z Q O Z J S N UZU"' QUZLu UU UQU H z0 W aU w O ao LaLi00� of000o w �UxU 0wZ w2x (D w WN Q lf7 J �LNLIdU) LLI 2a'NLL'- �w� Q Z��O � U� LL,U� CO U F -U O �a WLL(n p}p �a�0 OL�a i0 m Of 2 ON �U O QOf w of00 z U� LU 0 x- U- x- Q O J O J J J J U LL x W w N- J LL O N J U a U ♦- U a 04 m Q x W QLLI Q Q u7 Q Of Z J (n LL Q Z W ~ aWa U` �aWLLIa U` H UJ(-�� Q♦ -♦-H O- W- Q D WQ- O Z ZZ Q a z Of u) aUjUZ '7 U waw0 cai-www LSO Of x 0 azo Of rj 0 �a m U a'��_LU ui � < Lu CO zW22z000Na0Q Q x �JwZ N zQgxU0 Q0UXUOx QwwQfOwawwwQm'IT wh w 2 2�wax Z m W W Q W 0 2= o J a m Q U z O a a a J�� 7 Z U Z Z 2 Q U ♦ W a'O-Z wa'-O - Z >L N (`")(000 NN(`� (O } 000 x0 X OUa~ U) QQLLH�Q QLL�H�Q m m mUU- aOfof x m U 02N ZN 2 NUOY M� Z me M 1 1 CWC � � G 1 Q N m 1 Q 1 J i 1 M m v rn N ' CO V CL ' L) Z �1U Z CN LU =�W - z ON 0 LUx U y M N N (DL) N �N z� L Z LL0- =a LL C 11 �L N o N LO O N o o U) W �w m ao WO w (on O z w J w o U Q U) o �Wcl � H Q J U) LLH HW�p LLJ ��Z d� � � U Lo Z_ W H N WO iOw U)U UZ0 Y N r \1 v v r M ♦ ♦ ♦ 1 O U 1 1 Iw 6z 37n43HqS 'a ___ __ ♦ ♦ s[Z3in43HoS______ U ♦ ♦ 2 1 ♦ O O U U ♦ 1 O ♦ NDN LUILU a 1 i 37na3H5-S_ W' W ' C 6Ll 37na3H5S U�U M co y � 1 0 I LO 1 M N N (DL) N �N z� L Z LL0- =a LL C 11 �L N o N LO O N o o U) W �w m ao WO w (on O z w J w o U Q U) o �Wcl � H Q J U) LLH HW�p LLJ ��Z d� � � U Lo Z_ W H N WO iOw U)U UZ0 Y N r M � O U O U N O U a LU a i 37na3H5-S_ /_68Z 6Ll 37na3H5S N S 0 O U M N N (DL) N �N z� L Z LL0- =a LL C 11 �L N o N LO O N o o U) W �w m ao WO w (on O z w J w o U Q U) o �Wcl � H Q J U) LLH HW�p LLJ ��Z d� � � U Lo Z_ W H N WO iOw U)U UZ0 Y N PROPOSED BY — LAW 2022 BY-LAW NUMBER OF THE CORPORATION OF THE CITY OF KITCHENER (Being a by-law to amend By-law 2019-051, as amended, known as the Zoning By-law for the City of Kitchener — Tricar Properties Limited and 4220 King Street (Kitchener) Limited — 4220 King Street East and 25 Sportsworld Crossing Road) WHEREAS it is deemed expedient to amend By-law 2019-051 for the lands specified above; NOW THEREFORE the Council of the Corporation of the City of Kitchener enacts as follows: Schedule Numbers 278, 279, 289, and 290 of Appendix "A" to By-law Number 2019-051 are 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 Arterial Commercial Zone (COM -3) to Mixed Use Three Zone (MIX -3) with Site Specific Provision (353) and Holding Provision 38H. 2. Schedule Number 289 of Appendix "A" to By-law Number 2019-051 is hereby amended by changing the zoning applicable to the parcel of land specified and illustrated as Area 2 on Map No. 1, in the City of Kitchener, attached hereto, from Campus Commercial Zone (COM -4) with Site Specific Provision (37) to Mixed Use Three Zone (MIX -3) with Site Specific Provision (353) and Holding Provision 38H. 3. Schedule Numbers 278, 279, 289, and 290 of Appendix "A" to By-law Number 2019-051 are hereby further amended by incorporating additional zone boundaries as shown on Map No. 1 attached hereto. 4. Section 20 of By-law 2019-51 is hereby amended by adding Holding Provision (38) thereto as follows: Page 352 of 410 "(38). Notwithstanding Section 7, of this By-law within the lands zoned MIX -3 and shown as being affected by this subsection on Zoning Grid Schedule Numbers 278, 279, 289, and 290 of Appendix "A", no residential use shall be permitted until such time as a 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." 5. Section 19 of By-law 2019-51 is hereby amended by adding Site Specific Provision (353) thereto as follows: "(353). Notwithstanding Section 5.6, Table 5-5 and Section 8, Table 8-2 of this By-law within the lands zoned MIX -3 and shown as being affected by this subsection on Zoning Grid Schedule Numbers 278, 279, 289, and 290 of Appendix "A", the following special regulations shall apply: a) The maximum Floor Space Ratio shall be 4.0 and shall be calculated pre road widening. b) The maximum building height shall be 70.0 metres. c) The maximum number of storeys shall be 18. d) The maximum parking rate for multiple dwelling units shall be 1.4 spaces per unit inclusive of visitor parking. e) The minimum ground floor building height for any building with street line fagade shall be 3.0 metres. f) The minimum number of storeys in the base of a mid -rise building or tall building shall be 2. g) The minimum non residential gross floor area shall be 1380 square metres. h) Geothermal Energy Systems shall be prohibited." Page 353 of 410 6. This By-law shall become effective only if Official Plan Amendment No. _ (4220 King Street East and 25 Sportsworld Crossing Road) 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 12022. Mayor Clerk Page 354 of 410 NOTICE OF PUBLIC MEETING F fora development in your neighbourhood 4220 King St. E. Et 25 Sportsworld Crossing Rd. �r I TCHEN , Have Your Voice Heard! Date: December 12, 2022 Time: 3:00 p.m. Location: 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.kitchenenca/ Pla n n i ngAppl ications or contact: Mixed Use 3 Buildings, 520 Residential Craig Dumart, Senior Planner 14 to 18 Units 519.741.2200 x 7073 Storeys craig.dumart@kitchener.ca Official Plan Amendment and Zoning By-law Amendment applications will be considered to facilitate a mixed-use development with three buildings 14, 15 and 18 -storeys in height providing 520 residential dwelling units, with a Floor Space Ratio (FSR) of 4.0, a decreased podium height and decreased ground floor facade along a street line. Page 355 of 410 Craig Dumart From: Mike Seiling Sent: Thursday, February 17, 2022 10:16 AM To: Craig Dumart Subject: FW: Circulation for Comment - OPA/ZBA (4220 King Street East & 25 Sportsworld Crossing Road) Attachments: Department & Agency Letter - 4220 King St E and 25 Sportsworld Crossing Rd.pdf; ZBA22005KCD_MAP1.pdf; OPA22003KCD_MAP3.pdf Building; no concerns. From: Christine Kompter<Christine.Kompter@kitchener.ca> Sent: Thursday, February 17, 2022 10:14 AM To: Enbridge - Jenny Thompson <Jenny.Thompson@enbridge.com>; _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>; 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>; Linda Cooper <Linda.Cooper@kitchener.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.Duma rt@kitchener.ca> Subject: Circulation for Comment - OPA/ZBA (4220 King Street East & 25 Sportsworld Crossing Road) Please see attached . Additional documentation is saved in AMANDA (folders 22-102391 & 102392) for internal staff reference & ShareFile for 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 356 of 410 Region of Waterloo Craig Dumart MCIP, RPP 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 U Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4466 www.regionofwaterloo.ca Melissa Mohr 226-752-8622 September 29, 2022 Re: Noise Study Review — OPA 22/03 and ZBA 22/05 4220 King Street East and 25 Sportsworld Crossing GSP Group Inc. (C/O Hugh Handy/Amanda Stellings) on behalf of The Tricar Group (C/O Adam Carapella) CITY OF KITCHENER Stationary Noise Aspects of Review Following the issuance of the Regions comments on the stationary noise aspects of the report entitled "Environmental Noise Impact Feasibility Study, 4220 King St E Parcel and 25 Sportsworld Crossing Dr., Kitchener, Ontario" dated November 26, 2021, completed by J.E. Coulter Associates Limited associated; the Region provided comments to the Client on July 7, 2022. The Region has since received a noise study entitled "Environmental Noise Impact Feasibility Study, 4220 King St E Parcel and 25 Sportsworld Crossing Dr., Kitchener, Ontario' dated August 5, 2022, completed by J.E. Coulter Associates Limited in support of Official Plan and Zoning By-law Amendment Applications OPA 22/03 and ZBA 22/05 at 4220 King Street East and 25 Sportsworld Crossing in Kitchener. The study has identified a number of off-site stationary noise sources as having a potential impact on the subject lands, including but not limited to an auto dealership and Tim Hortons. Finally, although detailed building designs have yet to be provided, the study identified potential on-site noise sources such as cooling towers, exhaust fans, emergency generators, air handling or AC equipment that may be associated with the lower floor Document Number: 4190014 Version: 1 Page 1 of 5 Page 357 of 410 commercial uses (if any). These will require further assessment prior to Site Plan Approval to determine any impacts to on-site and off-site sensitive receptors. Regional Staff recommend that the assessment of these aspects of the proposal including the mitigation detail (if any) be further studied through a detailed stationary noise study and that a Holding Zone be implemented until this information is obtained all to the satisfaction of the Regional Municipality of Waterloo. Regional staff are satisfied with the conclusions and recommendations within the Environmental Impact Noise Feasibility Study at this stage (Official Plan and Zoning By- law Amendment stage). As the detailed design for the buildings on the subject lands has yet to be known, a Holding Provision shall be required on the entirety of the subject lands to obtain a detailed noise study that includes details relating to floor plans, building elevations, mechanical drawings, and equipment selections. Furthermore, the equipment selected shall comply with the Ministry of Environment, Conservation and Parks (MECP) NPC -300 Noise Guideline. Finally, the detailed noise study shall confirm mitigation measures for noise exceedance resulting from the adjacent commercial facilities and assess the impact due to the development itself and other residential buildings in the neighborhood. The following noise -warning clause shall be implemented through the future site plan agreement and through a Registered Development Agreement with the City of Kitchener and shall be incorporated in the Site Plan Agreement and Offers of Purchase and Sale, Lease/Rental Agreements. Regional Staff recommends the following noise -warning clause be registered on title for all dwelling units. It is recommended that the owner to enter into an agreement with the City of Kitchener and that the following clause(s) be included in agreements of Offers of Purchase and Sale, lease/rental agreements at Site Plan stage. 1. "Purchasers/tenants are advised that due to the proximity of the adjacent commercial facilities/noise source from the development itself, sound from these facilities/sources may at times be audible." 2. The Acoustical Consultant for the proposed development shall prepare a noise study addendum when floor plans, building elevations and mechanical drawings and equipment selections are available and confirm that mechanical equipment sound emissions comply with MECP Guideline NPC -300 at the development itself and other residential buildings in the neighbourhood. 3. That 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 Document Number: 4190014 Version: 1 Page 2 of 5 Page 358 of 410 Building Inspector will certify that the dwelling units have been constructed accordingly. Transportation Noise aspects of report: The study concludes that the main source of transportation noise is from Highway 8, King Street East, Sportsworld Crossing Drive and Deer Ridge Drive. The report concludes that mitigation in the form of installation of a Central Air Conditioning System, upgrades to windows and doors, noise -warning clauses and the possibility of acoustical barriers for the outdoor amenity areas are required to be implemented within the development as follows: 1. All suites in Phases 1 and 2 shall require central air conditioning prior to occupancy. 2. Upgraded glazing and Doors are required based on the exterior wall (including spandrel panels) being rated at STC -50 in accordance with the following tables: Table 5: Bedroom Window Requirements (Preliminary) to Meet 40 dB Ley Nighttime/45 dB L,.q Daytime Total Window -Area to Floor -Area Ratio Fixed Window/STC Rating Operable Window/Patio Door ISTC Rating Up to 70% 6(13)6/STC 36 6(13)6/STC 32 71 to 90% 6(25)6/STC 39 6(13)6/STC 32 Table 6: Living/Dining Rooms Window Requirements (Preliminary) to Meet 45 dB Leq Day/Night Total Window -Area to Floor -Area Ratio Fixed Window/STC Rating Operable Window/STC Rating Up to 10% 6(13)6 / STC 34 6(13)6 / STC 32 11 to 25% 6(25)61 STC 36 6(13)6 / STC 32 26 to 50% 6Lam(25)6 / STC 39 6(13)6 / STC 32 51 to 80% 6Lam(25)6Lam 1 STC 40 6(13)6 / STC 32 Note: Sliding patio doors (1.8m wide) from living rooms are assumed to be rated at STC 32. Glazing noted as 6Lam(25)6 represents 6mm laminated glass, 25mm air space and 6mm glass, commercial window configuration. The exterior wall was assumed to have a STC rating of 50. Higher rated sliding doors may help to reduce the window STC requirements. 3. Once the common outdoor amenity areas are located, the acoustical consultant shall confirm whether noise control measures are required. Document Number: 4190014 Version: 1 Page 3 of 5 Page 359 of 410 4. That the following noise warning clauses be included in the Condominium Declaration and all purchase and sale/lease/rental agreements: Type A: "Occupants are advised that sound levels due to increasing road traffic may occasionally interfere with some activities of the dwelling occupants as the sound levels exceed the Municipality's and the Ministry of Environment, Conservation and Parks' Noise Criteria." Type B: "Occupants are advised that despite the inclusion of noise control features in the development and within the building units, sound levels due to increasing road traffic may on occasion interfere with some activities of the dwelling occupants as the sound levels exceed the Municipality's and the Ministry of the Environment, Conservation and Parks noise criteria." Type C: "This dwelling unit has been designed with the provision for 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 Municipality and the Ministry of the Environment, Conservation and Parks." Type D: "This dwelling 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 Municipality's and the Ministry of Environment, Conservation and Parks noise criteria." In addition, Regional staff note that the following items must be addressed prior to site plan approval: 1. Appendix D must be updated as the study notes tables and information from the 2009 Region of Waterloo Noise Implementation Guideline. Please update the appendix using the 2019 guideline found here: https://www.regionofwaterloo.ca/en/doing-business/resources/DOCS ADMIN- 3127473-v3A-Noise Policy Implementation Guideline pdf; 2. A copy of the signed Consultant Statutory Declaration is required; and, 3. There appears to be an error in the traffic volumes provided by the Region of Waterloo versus the volumes listed in Table 1 of the report. Namely for the Deer Ridge Drive traffic forecast. It also appears that the Stamson calculations for Tower C adjacent to Deer Ridge Drive used the Sportsworld Crossing traffic forecast numbers. Please revise this for the site plan application. Document Number: 4190014 Version: 1 Page 4 of 5 Page 360 of 410 Conclusions: Based on the above, The Region requires a Holding Provision apply to the lands in order for Regional staff to receive a detailed noise study that assesses the proposed rooftop and grade level mechanical ventilation equipment (i.e., cooling towers, air make- up units, and parking garage exhaust fans). The acoustical consultant is to review and, where applicable, provide recommendations necessary to meet the MECP's noise criteria for stationary noise sources. This may include but is not limited to intake and exhaust silencers, parapets, barriers, or the selection of quieter equipment. 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 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. In addition to the above, the Region requires a prohibition on geothermal energy systems that shall be written into the zoning by-law. The required wording for the prohibition is: "Geothermal Wells shall be prohibited on site. A geothermal well is defined as a vertical well, borehole or pipe installation use- d 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." I trust the above is of assistance. Yours truly, Melissa Mohr, MCIP, RPP Principal Planner C. Hugh Handy, GSP Group Inc. (Applicant), Amanda Stellings, GSP Group Inc. (Applicant) Amanda Kutler, Manager, Community Planning, Richard Parent, Manager, Corridor Planning, Shilling Yip, Principal Planner, Jason Wigglesworth, Transportation Planner, Monirul Islam, Transportation Planner Document Number: 4190014 Version: 1 Page 5 of 5 Page 361 of 410 Region of Waterloo Craig Dumart, BES, MCIP, RPP 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 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4466 www.regionofwaterloo.ca Melissa Mohr 226-752-8622 File: D17/2/22003 C14/2/22005 June 9, 2022 Re: Proposed Official Plan Amendment OPA 221/03 and Zoning By-law Amendment ZBA 22/005 4220 King Street East and 25 Sportsworld Crossing GSP Group Ltd. (C/O Amanda Stellings) on behalf of The Tricar Group (C/O Adam Carapella) CITY OF KITCHENER Development Proposal: GSP Group Ltd. on behalf of The Tricar Group. has submitted an Official Plan Amendment and Zoning By-law Amendment for a development proposal at 4220 King Street East and 25 Sportsworld Crossing in the City of Kitchener. The applicant is proposing a mixed-use development that includes three towers described as Towers A -C to be constructed in two phases. Tower A and B are proposed to be constructed in Phase 1 and are connected by a two storey podium with an amenity area on the third floor (roof of the podium). Tower A is proposed as a 14 - storey tower with an enclosed mechanical penthouse and Tower B is proposed as an 18 storey residential tower with an enclosed mechanical penthouse. At grade commercial/retail uses are proposed within the Phase 1 podium. Phase 2 is proposed to be constructed as a 15- storey tower with an enclosed penthouse atop a two-storey podium. Amenity space has been proposed on the roof of the two-storey podium with at grade commercial/retail space. In total, 520 residential units and 5 commercial units are proposed through this development. Underground and structured parking is proposed on site with commercial at -grade space included in the proposal. Document Number: 4100456 Version: 1 Page 362 of 410 The subject lands are located in the Urban Area of the Region and designated Built -Up Area in the Regional Official Plan. The subject lands are designated Commercial Campus in the City of Kitchener Official Plan. Furthermore, the subject lands are zoned Arterial Commercial (COM -3) Zone and Campus Commercial (COM -4) Zone with site- specific provision 37 in the City's Zoning By-law. The applicant has proposed the Official Plan Amendment to amend the designation from Commercial Campus to the Mixed Use Designation with an FSR of 4.0. The applicant has proposed to rezone the subject lands from the COM -3 and COM -4 Zone with site-specific provision 37 to the Mixed — Three (MIX 3) zone with special site-specific provisions to permit an increased FSR of 4.0 (whereas 2.0 is permitted); increase the building heights from 10 storeys to 18 storeys; and, to permit a podium with 2 storeys (whereas the Zoning By-law requires 3 storeys for the podium). In addition, the applicant has proposed a minimum ground floor building height of 3.5m (whereas the Zoning By-law requires 4.5 m). The Regional Municipality of Waterloo has had the opportunity to review the proposal and offers the following: Regional Comments Community Planning: The subject lands are designated "Urban Area" and "Built Up Area" on Schedule 3a of the Regional Official Plan (ROP) and the site is located designated Commercial Campus in the City of Kitchener Official Plan. Furthermore, the subject lands are zoned Commercial Campus (COM -4) Zone. Mostly all of the Region's future growth will occur within the Urban Area, 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). Regional staff understand that the proposal is for a higher density development that is located within 500-800 metres of the Sportsworld ION stop in Kitchener and within Regional Council Endorsed Sportsworld MTSA area (Sportsworld Stop). Please note that the MTSA's have been endorsed by Regional Council, but have yet to be adopted into the Regional Official Plan as the Regional Municipal Comphrensive Review is ongoing. Furthermore, it is understood the development proposes to exceed the minimum density target within the Growth Plan, which is supported in the Endorsed Regional MTSA's. Regional staff recommend that surface parking areas be minimized to discourage auto -oriented land uses in accordance with Chapter 2.D.7 (c) of the Regional Official Plan. In addition, prior to any further consideration of the Official Plan and Zoning By-law Amendment Applications, the following technical comments related to the proposal must be addressed to the satisfaction of the Region: Record of Site Condition: There are high environmental threats located adjacent to the subject lands due to past land uses in accordance with the Region's Treats Inventory Database (TID). The Document Number: 4100456 Version: 1 Page 363 of 410 applicant has proposed a sensitive land use on site; therefore, a Record of Site Condition (RSC) and Ministry Acknowledgement Letter shall be required for the entirety of the subject lands in accordance with the Region's Implementation Guidelines. The Region shall require a holding zone until such time that the RSC and Ministry Acknowledgement letter have been received to the satisfaction of the Regional Municipality of Waterloo. The recommended 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 on or after July 1, 2011 and the Ministry Acknowledgement letter has been submitted to the satisfaction of the Region. Corridor Planning: Official Plan and Zoning By-law Amendment Stage: Transportation (Road) Noise: Regional staff have reviewed the transportation noise aspects of the report entitled "Environmental Noise Impact Feasibility Study, 4220 King St E Parcel and 25 Sportsworld Crossing Dr., Kitchener, Ontario" dated November 26, 2021, completed by J.E. Coulter Associates Limited in support of the above noted Official Plan and Zoning By-law Amendment Applications. The study concludes that the main source of transportation noise is from Highway 8, King Street East, Sportsworld Crossing Drive and Deer Ridge Drive. The report concludes that mitigation in the form of installation of a Central Air Conditioning System, upgrades to windows and doors, noise -warning clauses and the possibility of acoustical barriers for the outdoor amenity areas are required to be implemented within the development as follows: 1. All suites in Phases 1 and 2 shall require central air conditioning prior to occupancy. 2. Upgraded glazing and Doors are required based on the exterior wall (including spandrel panels) being rated at STC -50 in accordance with the following tables: Table 5: Bedroom Window Requirements (Preliminary) to Meet 40 dB Ley Nighttime/45 dB L,, Daytime Total Window -Area to Floor -Area Ratio Fixed Window/STC Rating Operable Window/Patio Door ISTC Rating Up to 70% 6(13)615TC 36 6(13)6/STC 32 71 to 00% 6(25)6/STC 39 6(13)6/STC 32 Document Number: 4100456 Version: 1 Page 364 of 410 Table 6: LivinglDining Rooms Window Requirements (Preliminary) to Meet 45 dB Leq Day/Night Total Window -Area to Floor -Area Ratio Fixed Window/STC Rating Operable Window/STC Rating Up to 10% 6(13)6 / STC 34 6(13)61 STC 32 17 to 25% 6(26)6 / STC 36 6(13)6 / STC 32 26 to 50% 6Lam(25)6 / STC 39 6(13)61 STC 32 51 to 80% 6Lam(25)6Lam / STC 40 6(13)6 / STC 32 Norte. Sliding patio doors (1.8m wide) from living rooms are assumed to be rated at STC 32. Glazing noted as 6Lam(25)6 represents 6mm laminated glass, 25mm air space and 6mm glass, commercial window configuration. The exterior wall was assumed to have a STC rating of 50. Higher rated sliding doors may help to reduce the window STC requirements. 3. Once the common outdoor amenity areas are located, the acoustical consultant shall confirm whether noise control measures are required. 4. That the following noise warning clauses be included in the Condominium Declaration and all purchase and sale/lease/rental agreements: Type A: "Occupants are advised that sound levels due to increasing road traffic may occasionally interfere with some activities of the dwelling occupants as the sound levels exceed the Municipality's and the Ministry of Environment, Conservation and Parks' Noise Criteria." Type B: "Occupants are advised that despite the inclusion of noise control features in the development and within the building units, sound levels due to increasing road traffic may on occasion interfere with some activities of the dwelling occupants as the sound levels exceed the Municipality's and the Ministry of the Environment, Conservation and Parks noise criteria." Type C: "This dwelling unit has been designed with the provision for 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 Municipality and the Ministry of the Environment, Conservation and Parks." Type D: "This dwelling 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 Municipality's and the Ministry of Environment, Conservation and Parks noise criteria." Document Number: 4100456 Version: 1 Page 365 of 410 Regional staff have no objection to the conclusions and recommendations made at this stage of the development and require a development agreement to be implemented through a future condominium or consent application. Furthermore, the special building components recommend in the study shall be implemented through the future site plan application. In addition, Regional staff note that the following items must be addressed prior to site plan approval: 1. Appendix D must be updated as the study notes tables and information from the 2009 Region of Waterloo Noise Implementation Guideline. Please update the appendix using the 2019 guideline found here: https://www.regionofwaterloo.ca/en/doing-business/resources/DOCS ADMIN- 3127473-v3A-Noise Policy Implementation Guideline.pdf; 2. A copy of the signed Consultant Statutory Declaration is required; and, 3. There appears to be an error in the traffic volumes provided by the Region of Waterloo versus the volumes listed in Table 1 of the report. Namely for the Deer Ridge Drive traffic forecast. It also appears that the Stamson calculations for Tower C adjacent to Deer Ridge Drive used the Sportsworld Crossing traffic forecast numbers. Please revise this for the site plan application. Stationary Noise: Regional staff have received the report entitled "Environmental Noise Impact Feasibility Study, 4220 King St E Parcel and 25 Sportsworld Crossing Dr., Kitchener, Ontario" dated November 26, 2021, completed by J.E. Coulter Associates Limited and are reviewing the stationary noise aspects of the report. Comments will be sent separately. Regional staff must be satisfied with the Stationary Noise aspects of the noise report and mechanisms to secure mitigation. The Region shall not be in a position to provide final comments on the applications until stationary noise has been addressed to the satisfaction of the Regional Municipality of Waterloo. Access Permit/TIS/Access Regulation: The existing properties currently obtain vehicular access to the Municipal Road network via a right-in/right-out only vehicular access to King Street East (Regional Road 08) and two private roads (Sportsworld Crossing Road and the private road beside the Mazda Dealership). These roads connect to King Street East via traffic -controlled intersections. The applicant proposes to formalize multiple access locations via the private roads and maintain the existing right-in/right-out only location to King Street East. Regional staff have no objection to the proposed accesses associated with this proposal. The Transportation Impact Study (TIS) entitled "Sportsworld Site — 4220 King Street East and 25 Sportsworld Crossing Road — Transportation Impact Study" dated May 16, 2022, prepared by Stantec Consulting Ltd. is currently under review. The Region must be satisfied with the conclusions, recommendations and implementation measures of the TIS prior to providing final comments on the applications. Document Number: 4100456 Version: 1 Page 366 of 410 Furthermore, If any improvements to the Regional Road network are identified through the study and approved by the Region of Waterloo, the developer may be responsible for any financial and property requirements associated with the road improvements. Transit Planning: Grand River Transit (GRT) currently operates numerous Routes within the area of King Street East and Sportsworld Crossing Road with existing transit stops being located in close proximity to the proposed development. GRT staff have been circulated the Transportation Impact Study and comments will be coordinated with the Corridor Planning response under a separate cover. Further to the above, Regional staff have proposed the integration of Bus Bays directly adjacent to the site. Regional staff request that the applicant integrate the bus bays into the site plan at the site plan application stage. Please be advised that a land dedication for the bus bays shall be required at the site plan stage. Stormwater Management & Site Grading: Region of Waterloo staff have received the report entitled "4220 and 4278 King St East, Kitchener Proposed Mixed -Use Development Functional Servicing Report" dated November 2021, completed by Stantec Consulting Ltd. in support of the above noted Official Plan and Zoning By-law Amendment applications and have no objections to the report at this time. Regional staff understand that updates were requested by the City of Kitchener and Regional staff respectfully request a copy of the updated report for review. Region of Waterloo 10 -Year Transportation Capital Program: This section of King Street East has been identified in the Region's 10 -Year Transportation Capital Program for reconstruction in 2024/2025. For more information related to this project, please contact Peter Linn, Project Manager at plinn(a-)-regionofwaterloo.ca or visit the following link for additional information: https://www.regionofwaterloo.ca/en/living-here/resources/Documents/Future- Construction/DC 05487 InfoSheet.pdf. Hydrogeology and Sourcewater Programs: Although the subject lands are not located in a Wellhead Protection Sensitive Area, the subject lands are located in proximity to WHPA-D and therefore, Hydrogeology and Sourcewater Program staff respectfully request a prohibition on geothermal energy to be written into the Zoning By-law. The recommended wording for the prohibition is: "Geothermal Wells shall be prohibited on site. A geothermal well is defined as a vertical well, borehole or pipe installation use- d 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." Document Number: 4100456 Version: 1 Page 367 of 410 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 further recommend meeting with Housing Services to discuss the proposal in more detail and to explore opportunities for partnerships or programs. In order for affordable housing to fulfill its purpose of being affordable to those who require rents or purchase prices lower than the regular market provides, a mechanism should be in place to ensure the units remain affordable and establish income levels of the households who can rent or own the homes. 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 $385,500. For the purposes of evaluating the affordability of a rental unit (based on the definition of affordable housing in the Regional Official Plan), the average rent is compared to the least expensive of: 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 '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. Document Number: 4100456 Version: 1 Page 368 of 410 Should affordable housing as described above be proposed, please contact Regional staff to discuss further. Fees: By copy of this letter, the Region of Waterloo acknowledges receipt of the Region's Official Plan and Zoning By-law Amendment review fees totalling $6,900.00 (received January 26, 2022 and deposited April 28, 2022). Items Requiring Follow Up: The Region shall not be in a position to provide final comments until the following has been satisfactorily addressed: 1. Regional Acceptance of the Stationary Noise Aspects of the Environmental Noise Report; and, 2. Regional Acceptance of the Traffic Impact Study. General Comments: Furthermore, 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 decision pertaining to this application. Should you have any questions, please do not hesitate to contact me. Yours truly, Melissa Mohr, MCIP, RPP Principal Planner C. The Tricar Group. C/O Adam Carapella (Owner) GSP Group Inc. C/O Amanda Stellings (Applicant) Document Number: 4100456 Version: 1 Page 369 of 410 City of Kitchener COMMENT FORM Project Address: 4220 King St E and 25 Sportsworld Crossing Rd Application Type: Official Plan Amendment OPA22/003/K/CD Zoning By-law Amendment ZBA22/005/K/CD Comments of: Environmental Planning -City of Kitchener Commenter's Name: Carrie Musselman Email: carrie.musselman@kitchener.ca Phone: 519-741-2200 X 7068 Date of Comments: March 11, 2022 Comments required no later than: March 25, 2022 1. Plans, Studies and Reports submitted as part of a complete Plan ion: ,moi ��,, ,� 4420 and 4278 King St East, Kitchener Proposed Mixed Use Dev�e.loprnent?Detailed Vegetation Plan VIPprepared by Stantec, dated November 5, 2021. �/,/h 0/,�� Planning Justification Report, 4220 King Street East & 25 Sp stsworlArossing Road City of Kitchener prepared by GSP Group, dated January, 2022 / /i��� G/ �l/// %�a II 2. Site Specific Comments & Issues: I have reviewed the studies as noted above to si 4220 King St and 25 Sportsworld Crossing Rd, to Mixed Use to permit a high-density mixed-us.e-d building) with ground floor commercial spa e ar ® There are no natural heritage 4b significance on, or adjacent tc WIN i official plan and zoning bylaw amendment at -%% rate'the lands from Commercial Campus to ent (two 14 storey buildings, and one 18 storey ns of local, Regional, Provincial, or national property. The City's Tree Manag I/ , V.,l`ic"applies, a Detailed Vegetation Plan was submitted in support of the application. In su;mmarythe:DVP noted: %, 0 73 trees -were inventoried,','%no rare or threatened species were found, large shrubs such as sumac and;.bu'ckth""o„rn were not included. 0 37 trees In the inventory will be retained. 0 36 "ds in�the inventory are recommend for removal, 5 of the trees are dead and 31 will be of the development. `rmmendations to mitigate impacts to trees for protection have been included within the rtncluding the provision of Tree Protection Fencing to be installed prior to the start of on or any construction works. Based on my review of the supporting studies the Official Plan and Zoning By Law Amendments can be supported. Tree loss can be compensated through the Site Plan requirements (landscaping) following an approval of the OPA/ZBA. 3. Policies, Standards and Resources: O As per Section 8.C.2 - Urban Forests of the Official Plan ... A City for Everyone Working Together- Growing Thoughtfully - Building Community Page 370 of 410 o policy &C»1E,the Cit requires the preparation and submission o a tree management in accordance with the City'sTee Management Policy (available on the City's Website), as a condition of adevelopment application. o policy 8.C.2.6., the OR will incorporate existing andor new trees into ores eJB2 pe or gad rights-of-way and encourage new development orredevelopment to incorporate, p2Gaand conserve eiSing heath lees and woodlands in accordance with the Urban Design Policies in Section 13 (Landscape and Natural Features) o the Urban Design Manual and the Development Manual. ACity for Everyone Working Together —Growing Thoughtfully — Building Community Page 371 0 410 Craig Dumart From: Lenore Ross Sent: Wednesday, August 3, 2022 2:29 PM To: Evan Wittmann; 'Hugh Handy' Cc: Craig Dumart Subject: RE: 4220 King St E and 25 Sports World Crossing Rd Revised Plans Good afternoon Evan and Hugh, Craig has passed along your response to Parks and Cemeteries comments regarding the updated design information The updated documentation for streetscape design and amenity areas for the proposed OPA/ZBA at 4220 King Steet E and 25 Sportsworld Crossing Road provides good high level direction, good precedent examples and adequate preliminary concepts for amenity space suitable for adults in both phase Land phase 2. Provision of pet -amenity space is noted and concepts / images are provided; these are valuable components in high-density residential complexes. Similar precedent images and commentary should be provided for children's facilities as the unit breakdown clearly indicates that there are 337, 2 -bedroom units in the 512 unit complex — and 2 -bedroom units comprise more than half of the unit count in each phase - children are clearly possible in this development. The Pioneer Tower East Planning Community is currently considered a non-residential community and has no active park space; the provision of recreational amenities suitable for all ages and abilities on-site and for each phase is critical. Additional information regarding the at -grade amenity space is required and high level design direction and precedent examples for children's play spaces should be been included for both phases. Regards, Lenore Lenore Ross MSc, MCIP, RPP Parks Planning and Development Project Manager Design & Development I Parks and Cemeteries City of Kitchener 519-741-2200 ext 7427 1 TTY 1-866-969-9994 Lenore. Ross@Kitchener.ca Discover nature in the city: www.kitchener.ca/parks A City for Everyone — Working Together — Growing Thoughtfully — Building Community From: Craig Dumart <Craig.Dumart@kitchener.ca> Sent: Tuesday, August 2, 2022 11:03 AM To: Lenore Ross <Lenore.Ross@kitchener.ca> Subject: FW: 4220 King St E and 25 Sports World Crossing Rd Revised Plans Page 372 of 410 From: Craig Dumart <Craig.Dumart@kitchener.ca> Sent: Tuesday, August 2, 2022 11:03 AM To: Lenore Ross <Lenore.Ross@kitchener.ca> Subject: FW: 4220 King St E and 25 Sports World Crossing Rd Revised Plans Page 372 of 410 See their response below. Craig From: Evan Wittmann <evanw@gspgroup.ca> Sent: Friday, July 29, 2022 12:14 PM To: Craig Dumart <Craig.Dumart@kitchener.ca> Cc: Hugh Handy <hhandv@gspgroup.ca> Subject: RE: 4220 King St E and 25 Sports World Crossing Rd Revised Plans Hi Craig, In response to Lenore's comments, we have designated space for an at -grade amenity area at the rear of Tower C (Phase 2), but it has not been fully designed at this time. A significant level of detail has been provided for the overall site, between the roof top amenity areas and at -grade streetscape treatments at this stage of the OPA/ZBA process. It is our intention that the design of the outdoor spaces will be further detailed and confirmed through the SPA process. Therefore, we feel it is too early in the process to dedicate certain amenity areas to specific uses or users, such as children play areas. Although the outdoor space has not been fully detailed/confirmed at this time, indoor play areas are planned to be incorporated into the detailed design of the buildings, which we trust addresses the concerns/comments regarding the accommodation of children's play areas. Thank you, Evan Wittmann Planner office: 519.569.8883 direct: 226.243.7340 email: evanw(a�gspclrouo.ca %JSPcgrOLip 72 Victoria Street South Suite 201 Kitchener, ON N2G 4Y9 www.cLsp Oup.ca This communication is intended solely for the named addressee(s) and may contain information that is privileged, confidential, protected or otherwise exempt from disclosure. If you are not the intended recipient of this communication, please advise us immediately and delete this email without reading, copying or forwarding it to anyone. From: Craig Dumart <Craig.Dumart@kitchener.ca> Sent: July 28, 2022 10:39 AM To: Evan Wittmann <evanw@gspgroup.ca> Subject: 4220 King St E and 25 Sports World Crossing Rd Revised Plans Hi Evan, I provided the precedent examples and preliminary concepts for amenity space to Lenore who reviewed and has follow up comments below. Please review and respond accordingly. Craig From: Lenore Ross <Lenore.Ross@kitchener.ca> Sent: Thursday, July 28, 2022 10:34 AM To: Craig Dumart <Craig.Dumart@kitchener.ca>; Pegah Fahimian <Pegah.Fahimian@kitchener.ca> Subject: RE: Virtual Meeting Tomorrow 12pm - 4220 King St E and 25 Sports World Crossing Rd Revised Plans Page 373 of 410 Hi Craig, Thank you for the additional documentation. The applicant has provided good precedent examples and preliminary concepts for amenity space suitable for adults in both phase 1 and phase 2. However there are no details for the at -grade amenity space nor have play spaces / infrastructure for children been included and this is a critical aspect to be addressed on site for both phases given the lack of proximate active park space in the Planning Community. Children's play areas should be accommodated in the design for both phases. Lenore From: Craig Dumart <Craig.Dumart kitchener.ca> Sent: Tuesday, July 26, 2022 11:48 PM To: Pegah Fahimian <Pegah.Fahimian kitchener.ca>; Lenore Ross <Lenore.Ross@kitchener.ca> Subject: FW: Virtual Meeting Tomorrow 12pm - 4220 King St E and 25 Sports World Crossing Rd Revised Plans See attached the proposed streetscape design and amenity areas for the proposed OPA/ZBA at 4220 King Steet E and 25 Sporstworld Crossing Road. Lenore, please let me know if this addresses your initial comments on the proposed opa/zba application. Thanks Craig From: Hugh Handy <hhandy@gspgroup.ca> Sent: Tuesday, July 26, 2022 6:09 PM To: Garett Stevenson <Garett.Stevenson kitchener.ca> Cc: Craig Dumart <Craig.Dumart@kitchener.ca>; Adam Carapella (acarapella@tricar.com) <acarapella tricar.com>; Chris Leigh (cleigh@tricar.com) <cleigh@tricar.com>; Evan Wittmann <evanw@gsp roup.ca> Subject: Virtual Meeting Tomorrow 12pm - 4220 King St E and 25 Sports World Crossing Rd Revised Plans Hi Garett, Thanks for the call just now. Please see below and attached information which was sent over this afternoon for some additional background. I will send out a TEAMS meeting invitation for 12pm tomorrow. Craig — hopefully you can join us. I am also including Adam and Chris in this email and hopefully one or both of them can join our discussion. Hugh Hugh Handy PACiP, RPP Vice President office: 519.569.8883 direct: 226.243.7296 mobile: 519.242.5351 72 Victoria Street South Suite 201 Kitchener, ON N2G 4Y9 Page 374 of 410 Craig Dumart From: Katie Wood Sent: Tuesday, July 12, 2022 3:51 PM To: 'Lad, Hitesh' Cc: Craig Dumart Subject: RE: 4220 King St E and 25 Sportsworld Crossing - Updated FSR I just got word that the FSR has been approved by KU as well as Engineering no further concerns regarding the Zone change. Sincerely, HO Wood"C.E.T. Project Manager) Development Engineering I City of Kitchener 519-741-2200 ext. 7135 1 TTY 1-866-969-9994 1 katie.wood (ab kitchener.ca From: Katie Wood Sent: Tuesday, July 5, 20221:21 PM To: 'Lad, Hitesh' <Hitesh.Lad@stantec.com> Subject: RE: 4220 King St E and 25 Sportsworld Crossing - Updated FSR Hello Hitesh, Thank you for making the changes. I have reviewed the FSR and have no further comments. Angela is on vacation until July 13th but I sent her the FSR to confirm it meets KU's standards now. I will let you know when I hear back from her. Sincerely, gcaae Wood C.E.T. Project Manager) Development Engineering I City of Kitchener 519-741-2200 ext. 7135 1 TTY 1-866-969-9994 1 katie.wood (cbkitchen er.ca From: Lad, Hitesh <Hitesh.Lad @stantec.com> Sent: Wednesday, June 29, 2022 12:31 PM To: Katie Wood <Katie.Wood@kitchener.ca>; Craig Dumart <Craig.Duma rt@I<itchener.ca> Cc: Chris Leigh <cleigh@tricar.com>; Adam Carapella <acarapella@tricar.com>; Hugh Handy <hhandy@gspgroup.ca>; Amanda Stellings <astellings@gspgroup.ca>; Hendriksen, Chris (Vancouver) <Chris.Hendriksen@stantec.com> Subject: [EXTERNAL] RE: 4220 King St E and 25 Sportsworld Crossing - Updated FSR 1 Page 375 of 410 Hi Katie, Please find the attached updated FSR for your review, as requested. Regards, Mesh Lad M.Eng., P.Eng. Project Manager/Associate, Community Development DiFGGt; 549 595-7268 Mobile: 519-498-2809 Hitesh.Lad@stantec.com Stantec 100-300 Hagey Boulevard Waterloo ON N2L OA4 Stantec The content of this email is the confidential property of Stantec and should not be copied, modified, retransmitted, or used for any purpose except with Stantec's written authorization. If you are not the intended recipient, please delete all copies and notify us immediately. From: Katie Wood <Katie.Wood@kitchener.ca> Sent: Thursday, June 16, 2022 9:39 AM To: Hendriksen, Chris (Vancouver) <Chris.Hendriksen @stantec.com>; Craig Dumart <Craig.Dumart@kitchener.ca> Cc: Lad, Hitesh <Hitesh.Lad@stantec.com>; Harris, Joe <joe.harris@stantec.com>; Chris Leigh <cleigh@tricar.com>; Adam Carapella <acarapella@tricar.com>; Hugh Handy <hhandv@gspgroup.ca>; Amanda Stellings <astellings@gspgroup.ca> Subject: RE: 4220 King St E and 25 Sportsworld Crossing - Updated FSR Hello, Engineering and Kitchener Utilities have looked at the updated Functional Servicing Report and there is just one minor change that is still required. Understanding that these properties are going to remain as two separate properties, 2 services is permitted. #25 should be services from the watermain on King St. The drawing provided is showing that the water services is teeing off someone else's service on Sportsworld Crossing. Once this is changed please resubmit the document for a final review. Page 376 of 410 City of Kitchener Zone Change Comment Form Address: 4220 King St E, 25 Sportsworld Crossing Owner: Enter project address. Application: OPA/ZBA 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: MARCH 15, 2022 ❑ I plan to attend the meeting (questions/concerns/comments for discussion)% ❑X No meeting to be held � '!moo„ J/d ❑ I do NOT plan to attend the meeting (no concerns) ''% "%%,,� 1. Documents Reviewed: 1. Department and Agency Circulation Letter dated Feb 16 2022J% q%,,,q,��� oj�� p� 2. Planning Justification Report — GSP Group dated Jan 2022 � ; �,. Vb /�/i 3. OPA and ZBA application forms �o �� ��/ 4. Concept Site Plan A101— Kasian Architecture Ontario darted 2021-11-30 5. Architectural statistics and unit count SD -902 and SD`'O. dated 2021-11-30 6. Urban Design Brief —GSP Group and Kasian,Arch tecturedated January 20222 7. Wind Study — RWDI Report dated Nov 28 2021 �% i r� ice/ hlwa JFFF 2. Site -Specific Comments & Issues:,,,��� I have reviewed the documentation noted bel`o„w:submitted in support of an OPA and ZBA to allow a mixed-use development with threebuildings (tvvo;14 storey buildings, and one 18 storey building), consisting of 526 residential units,/, 1” p" 11 floor commercial space. The applicant is proposing to redesignate the lands from Comm pus to Mixed use to permit the high-density mixed use development with an FSR of 4'0 and.;proposing to rezone the lands from 'Arterial Commercial Zone %:,,. (COM -3) and 'CampusCommercial Zone (COM -4) with site-specific provision (37) in Zoning By-law 2019-051 to 'MIX-3'jzone with site-specific provisions related to density, building height, minimum fagade andpodium"<h;eights. ml There ax0key desi considerations that must be addressed through a redesign of the site plan to VON T20/11", a md% fiunctional site for residents and ensure the project fits in the context of the 'neighborhood as detailed below: ® The pr..'o.posaI needs to fully meet the tall building guidelines, specifically with regard to separation as the guidelines are an excellent compatibility test for proposals exceeding their zoning permissions. The tower separation distance for tower A is estimated to be 15.3 m on the north-west property line. The current layout shows 8m setback which may lead to overlooking and privacy concerns from adjacent properties. The proposal will need to be modified by reducing building length and/or height until the resulting built form meets its corresponding separation target. There is an alternative to incorporate a similar step back for upper floors as you used for Tower C. A City for Everyone Working Together — Growing Thoughtfully — Building Community Page 1 of 4 Page 377 of 410 City of Kitchener Zone Change Comment Form The proposed long podium (phase 1) should be broken down using enhanced detailing and articulation or carved out to create a higher quality public space. According to Tall Building Design Guidelines, buildings longer than 70m should demonstrate enhanced streetscaping, materials and building articulation. ,NQ` The proposed corner treatment to be further enhanced to create visual interest a,t street'edge. could be achieved by special massing and architectural treatments on both streets <to give prominence along the frontages and visually distinguish these sites. 0 This • Integrate at -grade parking into the structure;pa`rking or underground garage and place it behind active uses along street edges. Where visible, screen/clad above -grade structured parking using high-quality materials consistent with'and'complementary to the overall building design. • The area between the building's €ace andthe property line should be well integrated with the street and public realm to deliver,,high,,q I tyand seamless private, semi -private and public spaces. • 3 -bed units are desirable;as'they�'pr„oxide more living space for families. A higher percentage of these units might help with community engagement. • The currentsite andbuilding Ta show indoor amenity space in both building phases and outdoor amenity space.only;in phase 1. Due to the lack of amenity space in this neighbourhood, outdoor amenity space should be maximized; please see Urban Design Manual for minimum requirements and specifications • ,;,Provide'multlple above grade rooftops and podium amenities with a minimum of `(2 sglm X # ;units) + (2.5 sq.m x #bedrooms - #units) =outdoor amenity space. The amenity space should be high quality and should connect to the building. The common amenity area should include active areas for children with equipment as well as passive amenity areas with seating and shade • 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. A City for Everyone Working Together — Growing Thoughtfully — Building Community 'P%6 "Jh of 410 City of Kitchener Zone Change Comment Form • The significant enhanced site/landscape design of this site should be considered, particularly on the corner of King and Sportsworld Crossing and the private amenity for residents . • The building facades fronting on King Street and Sportsworld Crossing should contain an appropriate amount of glazing and articulation, particularly along the lower 5m where the building addresses the sidewalk. • Due to frequent changes in color and material, the proposed building looks too busy visually. The lighter materials such as glass are highly encouraged to minimize perceived mass, provide contrast, and enhance the proposed fagade. 9. • The underground parking structure should have sufficient setback from the pro pert jrnesto°o,/ accommodate the necessary soil volume to support required large-statured, high anopy�tree,s% Perimeter trees should not be located on the garage slab roof. Within the site, °ite'quired tree' o,,.. plantings can be accommodated on the garage slab but will still require standard rnFnimum soil volumes. o Affiffi/11001/11 KI 3. Comments on Submitted Documents , 000 1. Urban Design Brief —GSP Group and Kasian Architect�ure</datedaJanuary 20222 • Consider step backs for the upper storeys in thetower,`both to increase articulation/visual interest f�/% in the building and create room for shared outdoor amenity space. This will also facilitate the transition to low-rise neighbourhoods. g • The building facades fronting on King anted%Sportsworld Crossing should contain an appropriate amount of glazing and articulation �' g g ,par%tcularfy1a#,ong the lower 5m where the building addresses the :. sidewalk. % of % • Towers are highly visibleelernntsof'ft}�eurban environment and must meet Kitchener's highest standards for design excell`ence�The'building should be designed and clad with different materials and colors so that theyre;a.d a's distinct from one another. r1l PON, • Provide natural survea.11ance. 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 King Street ghd. Sport"s'-world Crossing. �.. // �? • /P:rovid'ematerialtty 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. IV %i j • Wind' sessment 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. • The proposed towers should have unique top features that are architecturally excellent, highly visible and makes a positive contribution to the image of Kitchener developing skyline. A City for Everyone Working Together— Growing Thoughtfully — Building Community Pae 3 of 4 ''age 379 of 410 City of Kitchener Zone Change Comment Form ® Residential entrances should be clearly identified and offer access from both the public realm and the private parking side of the building. ® All utilities should be coordinated with the landscape design and with building elevations to provide a high-quality pedestrian experience with the site and from the public realm. Infrastructure should be located within the building in mechanical/electrical rooms and exterior connections located discretely and incorporate physical screens or landscape plating as required. Surface transformers or , service connections visible from the public realm are not supported. / Wind Study — RWDI Re p ort dated Nov 28 2021 The submitted preliminary Wind Study indicates that wind speeds at ther�nam entrance are anticipated to be general) suitable for the intended use throughout the year. The, onl'exce tion is the entrance at Y g Y �i Y po the southwest corner of Tower C where higher wind speeds and con:diti'o;ns comfortable for strolling are /,.p//// j o anticipated during the winter. ��11/ , A full Wind Assessment should be provided for review at the% proposal should be developed that addresses the w,impact f/ > �O. '/, len V /A/00014 j10 /,//�:�/j & // n application stage. A revised design n'ed in the submitted wind study. A City for Everyone Working Together— Growing Thoughtfully — Building Community Pftg I& of 410 Craig Dumart From: Pegah Fahimian Sent: Tuesday, July 12, 2022 1:20 PM To: Craig Dumart Subject: RE: 4220 King St E and 25 Sports World Crossing Rd Revised Plans Hi Craig, I have reviewed the updated plans revised on June 30, 2022, and 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; BArch, 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 From: Craig Dumart <Craig.Dumart@kitchener.ca> Sent: Monday, July 4, 2022 11:21 AM To: Pegah Fahimian <Pegah.Fahimian@kitchener.ca> Cc: Lenore Ross <Lenore.Ross@kitchener.ca> Subject: FW: 4220 King St E and 25 Sports World Crossing Rd Revised Plans See attached the updated concept plans for 4220 King St e and 25 Sports World Crossing Road. Please review and let me know if your initial comments are addressed. 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.dumart .kitchener.ca From: Evan Wittmann <evanw@gspgroup.ca> Sent: Thursday, June 30, 2022 11:58 AM To: Craig Dumart <Craig.Dumart@kitchener.ca> Cc: Hugh Handy <hhandy@gspgroup.ca> Subject: [EXTERNAL] 4220 King St E and 25 Sports World Crossing Rd Revised Plans Hi Craig, I Page 381 of 410 Craig Dumart From: Frank Ruszer <, Sent: Friday, March 25, 2022 9:35 PM To: Craig Dumart Subject: [EXTERNAL] Fw: Failure Notice Hello Craig, I'm writing to you regarding the proposed development at 4220 King St. and 25 Sportworld Crossing Rd I'm against this development, for a number of reasons. This will lead to the area looking like a ghetto, full of highrises, as you already have an application for 4396 King St East. This will also set a precedent for other large developments in the area. Visitors to the Waterloo Region who exit from the 401 will be greeted by highrises, akin to those at Mississauga and Toronto. The difference is that the street will not be as wide as the streets in Mississauga or Toronto, the area frankly will look ugly; there is no other world for it. The City of Kitchener need to do their own traffic study that will consider this area with all the highrises you're planning. May I remind you that just recently, the Ion was shut down due to icy roads, as the trains cannot navigate ice and snow, slippery conditions. During the winter, you will have a traffic mess in the area, with cars turning off from the 401. Apparently, the Ion also does not run well during humid weather, so you may have the same problem during the summer hot and humid days. Have the City of Kitchener seriously considered this planning? If you wish to build highrises, please consider low rise design of 6 storey, terraced design that would be visually more appealing and set further back in from the street. Furthermore: 1. These developments need to be reviewed together, not separately, as their impacts will be additive. 2. They will change the character of this area of Kitchener. It is not meant to be a city centre -type environment and in fact it was agreed when the Deer Ridge area was developed that the area would not be impacted in terms of the character of the area. A 18 storey building is not compatible with the rest of the area. 3. For the approval of 4396 King St. building, this zoning change will lead to a precedent of further high rise development, which is NOT consistent with the area. It is NOT a city centre. 4. It will lead to even more traffic congestion. The intersections around Sportsworld Crossing, Sportsworld Drive and King Street are already over congested. King street itself takes too much traffic. Until an exit ramp between Highway 8 and the 401 westwards is built, there is NO MORE capacity for traffic along King Street between the off -ramp of Hwy 8 and the exit to the 401 in the London direction. 5. Has a recent traffic study been done by the City? You cannot rely on a study that is commissioned by the builder. This would be like hiring the fox to design the fence around the chicken coop. 6. Our neighbourhood, Grand Hill Village relies on well water, every house has their own well and septic system. I think the Edgehill neighbourhood is also on well water. Has a water study been done by the City? City of Kitchener needs to make sure that these developments will not change our water supply. I would like to also point out that consultation has not been consistent by the City i.e. some local neighbourhoods, some people on Deer Ridge were included and notified of this development. Others, like our neighbourhood (Grand Hill Drive) was excluded for no obvious reason. Thank you, Frank Ruszer Page 382 of 410 Craiq Dumart From: M R Sent: Friday, Marcn ��, cvcc ,.,-, pM To: Craig Dumart Subject: [EXTERNAL] Fwd: 4220 King Street East and 25 Sportsworld Crossing Rd. Hello Craig, I'm writing to you regarding the proposed development at 4220 King St. and 25 Sportworld Crossing Rd. I'm against this development, for a number of reasons. This will lead to the area looking like a ghetto, full of highrises, as you already have an application for 4396 King St East. This will also set a precedent for other large developments in the area. Visitors to the Waterloo Region who exit from the 401 will be greeted by highrises, akin to those at Mississauga and Toronto. The difference is that the street will not be as wide as the streets in Mississauga or Toronto, the area frankly will look ugly; there is no other world for it. The City of Kitchener need to do their own traffic study that will consider this area with all the highrises you're planning. May I remind you that just recently, the Ion was shut down due to icy roads, as the trains cannot navigate ice and snow, slippery conditions. During the winter, you will have a traffic mess in the area, with cars turning off from the 401. Apparently, the Ion also does not run well during humid weather, so you may have the same problem during the summer hot and humid days. Have the City of Kitchener seriously considered this planning? If you wish to build highrises, please consider low rise design of 6 storey, terraced design that would be visually more appealing and set further back in from the street. Furthermore: I. These developments need to be reviewed together, not separately, as their impacts will be additive. 2. They will change the character of this area of Kitchener. It is not meant to be a city centre -type environment and in fact it was agreed when the Deer Ridge area was developed that the area would not be impacted in terms of the character of the area. A 18 storey building is not compatible with the rest of the area. 3. For the approval of 4396 King St. building, this zoning change will lead to a precedent of further high rise development, which is NOT consistent with the area. It is NOT a city centre. 4. It will lead to even more traffic congestion. The intersections around Sportsworld Crossing, Sportsworld Drive and King Street are already over congested. King street itself takes too much traffic. Until an exit ramp between Highway 8 and the 401 westwards is built, there is NO MORE capacity for traffic along King Street between the off -ramp of Hwy 8 and the exit to the 401 in the London direction. 5. Has a recent traffic study been done by the City? You cannot rely on a study that is commissioned by the builder. This would be like hiring the fox to design the fence around the chicken coop. 6. Our neighbourhood, Grand Hill Village relies on well water, every house has their own well and septic system. I think the Edgehill neighbourhood is also on well water. Has a water study been done by the City? City of Kitchener needs to make sure that these developments will not change our water supply. I would like to also point out that consultation has not been consistent by the City i.e. some local neighbourhoods, some people on Deer Ridge were included and notified of this development. Others, like our neighbourhood (Grand Hill Drive) was excluded for no obvious reason. Page 383 of 410 Craig Dumart From: Mike and Jen Hughes Sent: Monday, February 28, 2022 8:13 PM To: Craig Dumart Cc: John Gazzola Subject: [EXTERNAL] Concern for development in our neighbourhood Hello, I'm writing regarding the application for development in our neighbourhood at 4220 King St. East to 25 Sportsworld Crossing Rd. My family lives , and we already wait a very long time to get out of our neighbourhood. There are only two ways in and out of our neighborhood onto King Street, and they are always very, very busy because King St. is the only way for transportation to go onto the 401 west. I worry about emergency vehicles being able to get into our already difficult -to -get -to neighbourhood. If 3 more buildings with 525 residential units were to be built, the problem would be even more unsafe. Please, do not develop those buildings. Thanks for your time, Jennifer and Michael Hughes Page 384 of 410 Craig Dumart From: gordon.n Sent: Wednesday, June 1, 2022 3:21 PM To: Craig Dumart Subject: [EXTERNAL] Re: RE: Re: 4220 King Street East and 25 Sportsworld Crossing Road Neighbourhood Meeting Hello Craig Thanks for your interest in my concerns. Yes if you have the time I would appreciate discussing with you the problems I see with the current approach My telephone is Thankyou Gordon Nicholls ------ Original Message ------ From: Craig. Duma rt@kitchener.ca To: Sent: Monday, May 30, 2022 10:06 PM Subject: RE: Re: 4220 King Street East and 25 Sportsworld Crossing Road Neighbourhood Meeting Good evening, Thank you for your comments and we will see you at the Neighbourhood meeting next week. If you would like to discuss in advance of the meeting please let me know and I will set up a call for us to discuss your concerns. Craig From: gordon.n Sent: Friday, May 27, 2022 2:07 PM To: Craig Dumart <Craig.Dumart@kitchener.ca> Subject: [EXTERNAL] Re: 4220 King Street East and 25 Sportsworld Crossing Road Neighbourhood Meeting Dear Mr Dumart I would like to participate in the meeting on June 7th. Page 385 of 410 As you may know I participated in the meeting held by Mr Pinell and as a result of what I learned at that meeting I have revised the letter I sent at that time Please find attached my updated letter which sets forth a set of steps that will allow for proper planning and citizen involvement before decisions are made to allow construction of buildings that exceed the current ByLaw standards. I thank you for considering my suggestions Yours truly Gordon Nicholls ------ Original Message ------ From: Craig.Dumart@kitchener.ca To: Craig. Duma rt@kitchener.ca Cc: John.Gazzola@kitchener.ca Sent: Tuesday, May 17, 2022 9:24 PM Subject: 4220 King Street East and 25 Sportsworld Crossing Road Neighbourhood Meeting Good evening, Please see below information for the June 7th Neighbourhood Meeting to discuss the proposed developments at 4220 King Street East and 25 Sportsworld Crossing Road. Please click the link below to join the webinar: https://kitchener-ca.zoom.us/m/85892624759 Page 386 of 410 27 May, 2022 Mr Craig Dumart--Planner City of Kitchener Mr Andrew Pinell--Planner City of Kitchener M ayor Vrabanovic, City of kitchener City of Kitchener Council Members Dear Misters Dumart, Pinell and Vrabanovic and members of Kitchener City Council I write to you about the proposals for high rise buildings at 4220 and 4396 King Street in South Kitchener In my previous letter dated 20 March, 2022, 1 stated that the request by developers to build these large New York style city centre tall buildings without doing a major planning study for the entire area shows either a lack of forethought by the Kitchener planning department or instructions from City Council to avoid the correct planning process. In reply to this Mr Pinnell stated at the Zoom meeting that a new planning study would be done starting in 2023. 1 am pleased to hear that you will indeed do a new Official Plan for this commercial car -centric area, BUT I do not at all understand how you are prepared to receive requests for major rezoning before you do the new Official Plan. As I stated during the Zoom meeting "You are putting the cart before the horse". I will go further and state that if you want citizens to have confidence in and give support to the plans for a changing and growing city then please do it in a sensible way. I will therefore suggest you re -consider the process you have started and take the time to plan carefully by following the steps that follow: 1. Prepare a master plan for the entire commercial area shown in the map below. Ideally this plan should contain the fundamental planning ideas proposed by Jane Jacobs 2. This plan must be completed and past into law by the City Council before any new buildings will be approved. 4� c Setflers a°o Grove Park Pioneer Tower Rd RiverEdcge Golf Club IM ATS Autc Page 387 of 410 3. The new master plan should consider the following important concepts that are consistent with Jacobs' planning ideas: I. How to integrate buildings that combine housing with retail and business into the current commercial mix; II. How to introduce European style mid rise buildings of four up to eight stories high that will allow for intensification and also allow for appropriate transition from the low rise housing that is nearby; III. How to introduce bike and pedestrian trails so that people can move safely around this very car centred area that has the dimensions shown on the map; IV. Show where adequate green/park space will be created to serve the new residents who will occupy the new residential buildings and how this park space will be acquired; V. Do studies to determine if there will be any impact on : (a) the aquifers that supply water to the adjacent communities of Grand Hill Village and Pinegrove that depend on private wells and (b) also on the potential increase in traffic on the current road system. 4. This master plan should be developed in consultation with both potential developers and also representatives of the adjacent communities of Deer Ridge, Grand Hill Village and Pinegrove. Thank you for your attention to these suggestions. I hope you will consider them seriously and take the actions suggested. Yours truly Gordon Nicholls CC- Councillor Gazzola Mayor Vrabanovick and all Kitchener Councillors Page 388 of 410 Craig Dumart From: MJ Sent: Sunday, February 27, 2022 2:00 PM To: Craig Dumart Cc: John Gazzola Subject: [EXTERNAL] Notice of development application concerns > Dear Mr. Dumart, > I am writing to you as a resident of the in which GSP group has made an application for development at 4220 King St E at 25 Sportsworld crossing Dr, Kitchener. > We wish to express a deep level of concern for how the 18 storeys, 3 building with 525 residential units proposed development would impact this already very busy and mixed used area. > Dropping a high rise residential development onto the area of an ready overburdened area with traffic, busy with Amazon, Loblaw distribution, Challenger Motor Freight traffic, Toyota plant traffic, Costco traffic, GO Transit and other bus traffic, not to mention the Hwy 8 on/off ramps, and the exit for the 401 toward London is a recipe for DISASTER. > That location is NOT conducive to a sudden influx of pedestrian and bicycle traffic, not to mention the strain it would place on the local transit utilization from that location and the increase on carbon footprint. > Politely stated, what would the city be thinking? > There is no school, no daycare, limited grocery, no Beer store neither LCBO, no parks or open green spaces nearby. It will only push non-resident foot and bicycle traffic into the adjacent neighborhoods (our area) thereby disrupting and overburdening the green space and recreational infrastructure in those areas, also increasing crime that will negatively impacting our quality of life. > We are AGAINST this application, NOT in favour. Please record our sentiments/concerns accordingly. > With respect > Marie-Josee Guerin > Slobodan Martinovic > cc. Councillor John Gazzola Page 389 of 410 Craig Dumart From: Sent: Sunday, February 27, 2022 1:22 PM To: Craig Dumart Subject: [EXTERNAL] Development application at king st. E & Sportsworld crossing rd. Good afternoon Mr. Dumart, As a resident of the area in which there has been an application for development at 4220 King St E and 25 Sportsworld Crossing Dr, Kitchener, I am writing to you with major concerns. Having a high rise residential development will lead to many issues for local residents, as well as commuters. This will create even more traffic in an already congested area in Kitchener. I am also very concerned about the issues that foot and bicycle traffic could cause heading in either direction on King St., an area that has no actual sidewalk or bike path. This is very dangerous around the highway (both highway 8 & 401) on/ off ramps and under the bridge towards Preston. My next concern is the lack of green space. There is absolutely no green space, parks, etc provided for this development. This will cause a significant impact on my community, which is not designed for 500+ residents. Our neighbourhoods were designed for what has been built here. If there is going to be a development, it should be up to the development to provide adequate green space for their residents. If there is no green space provided this will also lead to a significant increase in foot traffic across King St and Deer Ridge Dr., an already busy intersection. My last concern in regards to this development is the lack of amenities located nearby. There is no grocery store, pharmacy, LCBO, Beer store, etc. that would be needed for this kind of development. Please note: by grocery store and pharmacy I list that as ones with extended hours, the pharmacy in the area and Costco and Dutchies do not provide you with the same hours as a regular grocery store or larger pharmacy would. These are essential for a development of this size and type (lack of transportation for many). We are not in favour of this development! Thank you, Jamie Kelly Page 390 of 410 Craig Dumart From: Sent: Sunday, February 27, 2022 1:11 PM To: Craig Dumart Subject: [EXTERNAL] Application Feedback VV I tat L'S'D highlighted Application? ZBA221005/KIC Address: 4220 KING ST E Application Number: ZBA22/005!K/CD Application Type: Zoning By -Law Amendment Application Summary: For implementation of OPA22r'003, r'/CD, Applicant: CSP GROUP INC Property Owner: 4220 KING STREET(KITC:HEC{fER) LlMITED,THETFICAR GROUP Status Update: The application has been circulated foo public comment. City Planning Contact: Craig Dumart, MCIP, RPP Contact Email: Cra1g.Durnar0kitchener.ca Contact Phone Number: 519-741-2426 Contact TTY: 1-366-969-9994 Council Meeting Information: Click He e Ward: 3 - Find your cite councillor Appeal Process: ria person or public bony does not make oral submissions at a public meeting or make written submissions to, the City prior to the approval of a development, a Trilbunal may dismiss an :appeal made in relation to the applications. If you have any questions or require further clarification regarding, As a resident in the i I felt to compelled to comment on this application. I can't adequately stress who adamantly opposed to this proposal. 1 Page 391 of 410 I don't think that his development is appropriate in this area for a number of reasons. • King Street and Maple Grove are already inadequate for the traffic load that they are carrying with the current residential and commercial activity. It is not unusual to sit through traffic light cycles currently trying to turn into our neighbourhood or from King Steet onto Maple Grove. This will only exacerbate these problems. • This area is entirely residential and low rise commercial development; this 25 and the 30 story proposal for the corner of King and Maple Grove are entirely out of character with the neighbourhood. • There is no allowance for recreational space or parkland in this proposal. There is park space in the Deer Ridge development but this could put significant pressures on both the park spaces but the access roads in the neighbourhood. I have been a homeowner in the 'for almost twenty years and some very specific considerations made in my decision in this area. Avoidance of this type of development, in fact limited opportunity for any development in the area, was a major consideration and a primary reason why I purchased here. It is my, and many of my neighbours, opinion that this will significantly degrade the quality of life in the neighbourhood and the value of our properties. Scott Warnez Virus -free. www.avq.com Page 392 of 410 Craig Dumart From: Sent: Thursday, March 3, 2022 11:46 AM To: Craig Dumart Subject: [EXTERNAL] 4220 King St E and 25 Sportsworld Crossing Rd Craig, How have you been? I received a notice about an application for development at 4220 King St E and 25 Sportsworld Crossing Rd, and saw your name as the contact. I figured it must be the same Craig that I went to school with at UW! I know several neighbours in the Deer Ridge area are against the development (I'm sure you have already received feedback from them), but I wanted to share a quick note that I, along with other households in the neighbourhood, are for it. I'm not sure if you have received positive feedback yet, but a few pointers below: Streetscape improvements needed The streetscape on this side of King St is not great. The Mandarin building is quite old and in need of repair, and the parcel in front of Tri -City Eye Care has been vacant too long. Some may argue that simply putting a commercial plaza is enough, as condo towers will add too much traffic to an already busy King St. However, incorporating buildings like this with commercial on the main floor and condos above, will create much needed height which will enhance the streetscape from King St and the expressway. I feel that the urban design plan is well thought out, with finishes matching the neighbourhood and the main floor commercial complementing the surrounding commercial buildings. Support for local businesses With the ongoing pandemic, some of our favourite neighbourhood restaurants have taken a hit (Broken Egg, Fionn MacCools, Turtle Jacks to name a few). Especially with people working from home, office buildings in the area have been near empty. Many of those office workers would have lunch at these restaurants, so lunch hour business (which they depend on) has gone down significantly. As the work -from -home trend may continue, adding housing in the form of condos would do wonders, not just for the restaurants but for our Deer Ridge Pharmacy and other businesses as well. Again, this makes the location ideal. Businesses down Hespeler Road for example are supported well by most of Cambridge. Homer Watson is supported by Conestoga College, Doon and Pioneer Park. Fairway is supported by Chicopee, Stanley Park, Hidden Valley and Country Hills to name a few. However this part of King Street has most of its support from Deer Ridge, which is not a huge community. Without growing Deer Ridge into a big suburbia like Doon and Activa have become, adding a few well appointed condo towers as proposed would keep the "luxury" feel of the neighbourhood, while still providing support for these local businesses that we don't want to see close down. In line with this, I'm hopeful that Mandarin will stay close by if this project moves forward. Maybe they can take over the former Allianz building behind Candle Crescent... They are well supported by our neighbourhood and we don't want to see them go. The need for housing As someone working in real estate, I can tell you that many people downsizing from homes in Deer Ridge have nowhere to go if they want to stay in the neighbourhood. The closest area is King St and River Rd which does not appeal to Deer Ridge buyers, or have the same quality of construction that they are used to. Many are moving to Barrel Yards in Waterloo or elsewhere. This also appeals to young professionals and first time buyers, who are being pushed out of the market and can't seem to afford detached homes or even townhomes at the moment. There are options in other parts of town, but not many options for quality condos near the 401, if any at all. So to me, this is an ideal location. Yes, there will be more traffic, but I don't believe it will be as much of a concern as people think. You may see a few more cars coming and going here and there, however you won't see everyone and their cars from these buildings at the same Page 393 of 410 time. Transit will also be more prevalent with the extended LRT, and I'm also hopeful that at some point, there will be a westbound ramp from the expressway to the 401 to alleviate traffic on King Street. I think the main concern that Deer Ridge residents have is what an influx of so many people will have on the community. Increased traffic, a loss of the exclusive/luxury feel of the neighbourhood, and more people using our greenspace to name a few. People are quick to judge, and need to understand that Planners have been doing their research on this project for quite some time. Way before the community was notified. If they have assurance that these concerns will be addressed, I know that more residents will be in support of this project. I would love to see this move forward. Thanks Craig, SETH SIEl1NARINE Page 394 of 410 Craig Dumart From: Jeffrey Dow Sent: Tuesday, March 8, 2022 2:15 PM To: Craig Dumart Cc: Andrew Pinnell Subject: [EXTERNAL] 4220 KING ST E Hi Craig, Hope all is well. My name is Jeffrey Dow and I am a local CPA and realtor here in KW. I have lived in Deer Ridge for quite some time now, growing up and now as an adult. Could you please provide some information on appeal rights for this building? I am not sure if you live in the area, but the traffic is already very dense, to the point that I struggle to get home from work in a reasonable time frame due to high density traffic in every direction surrounding the target property for this development. Adding another 628 units at 4220 KING ST E, in addition to the 616 units being proposed down the road at 4220 KING ST E, which I have contacted Mr. Pinnell about (and CC'd here for continuity), seems like a disservice to those who already reside in the community. do hope that when you are reviewing the traffic surveys on both of these properties, that this be done in conjunction with one another and not independently. I am sure neither traffic study completed was inclusive of the additional units being sought out down the road from each other. This will put a massive strain on the current infrastructure and will not be able to handle this amount of development. Any additional information you can provide would be appreciated. Thanks, Jeffrey Dow Page 395 of 410 Craig Dumart From: Sent: To: Cc: Subject: Dear Mr. Pinell and Mr. Dumart, Susan Leat Saturday, March 19, 2022 11:57 AM Andrew Pinnell; Craig Dumart John Gazzola [EXTERNAL] Developments at 4396 and 4220 King st. I have been in contact with each of you individually, but I am now emailing you both regarding these two developments, because I think that these two developments should not be considered separately - their joint impact will be greater that each one separately. As the President of Grand Hill Village Association, I have already registered the fact that we were not informed about these developments and only heard through other local associations's Facebook pages and other informal means. I heard from both of you that Kitchener used a diameter of 240 m, which is greater than the 120m required by the Planning Act. However, I would like to point out that our ONLY access from our neighbourhood IS within 240m of the 4220 King St development. In future, if the City wishes to be more inclusive than the Planning Act (which is a good thing, as the Planning Act is woefully inadequate in this regard), the City should consider notifying neighbourhoods and businesses whose ACCESS is within the 240m, especially when it is an ONLY access. Impacts on traffic flow (which there will be for these developments) is a sufficient reason for notifying local residents and businesses. Now to address our concerns. We have the following concerns and are against the high-rise development as it is proposed because 1. These two developments will change the character of this area of Kitchener. It is not good planning for it to become a city centre -type environment and in fact it was agreed when the Deer Ridge area was developed that the area would not be impacted in terms of the character of the area and that the ouses on Deer Ridge would not be very densely placed. An 18 storey building is not compatible with the rest of the area which is currently all low rise and it will have a large impact onthe character of the area. There is NO OTHER high rise in the area. 2. For the development at 4396, this zoning change will lead to a precedent of further high rise development, which is NOT consistent with the area. It is NOT a city centre. 3. It will lead to even more traffic congestion and will definitely change the traffic flow. The intersections around Sportsworld Crossing, Sportsworld Drive and King Street are already congested. King street itself takes too much traffic. Until an exit ramp between Highway 8 and the 401 westwards is built, there is NO MORE capacity for traffic along King Street between the off -ramp of Hwy 8 and the exit to the 401 in the London direction. The City needs to demonstrate that there is a capacity for the increase in traffic which will occur. A new traffic study needs to be done. 4. Has a water supply study been done? Grand Hill Village is on well water and so the City needs to demonstrate that these two new developments (taken together) will not change our water supply. 5. What provision for green space has been made for the residents of the new developments? There is NONE in this area at present. This should be included, as it has been demonstrated that green space leads to better health and quality of life and is important for the environment. 6. 1 note that about 600 parking spaces are included. If the purpose of the developments is that they will be close to a future LRT stop, why is so much parking required? Is not the expectation and plan that the residents should use fewer cars and use the LRT more? If not, then there is no need to position it close to the LRT stop. 7. 1 see that the public meeting for 4396 is to be on-line public. I have concerns that this will severely limit the interaction, as the interaction can be heavily controlled by the moderator, and not all voices and opinions will be heard. Page 396 of 410 Lastly, I will say that we are not against all development. We realise the need for development and intensification (as opposed to sprawl). However, mid -rise development (up to 8 storeys) would be more appropriate in this area. It would be more consistent with the area, have less impact on traffic and water, and would result in a generally more liveable environment for all. Jennifer Leat Jennifer Leat President, Grand HILL VILLage Association Page 397 of 410 Craig Dumart From: Susan Leat Sent: Thursday, March 10, 2022 12:23 PM To: Craig Dumart Subject: [EXTERNAL] RE: Development at 4220 King St Hi Craig, Thanks for the offer of a personal discussion. I may take you up on that. I will let you know Dr Leat From: Craig Dumart <Craig.Dumart@kitchener.ca> Sent: 10 -Mar -22 11:39 AM To: Susan Leat <susan.leat@uwaterloo.ca> Cc: John Gazzola <John.Gazzola@kitchener.ca> Subject: RE: Development at 4220 King St Hi Dr. Leat, Any comments received are formal comments that will form part of the public comments appendix's included In the staff report. If you would like to set up a one on one meeting to discuss the proposed development at 4220 King Street East please let me know when you would have availability. 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.dumartakitchen er.ca From: Susan Leat <susan.leat@uwaterloo.ca> Sent: Thursday, March 10, 2022 11:18 AM To: Craig Dumart <Craig.Dumart@kitchener.ca> Cc: John Gazzola <John.Gazzola@kitchener.ca> Subject: [EXTERNAL] RE: Development at 4220 King St Craig, These two properties are not part of the Grand Hill Village Association, and therefore we, as a Neighbourhood Association, were not informed. Our Association includes the house on the loop of Grand Hill Drive and Kirksway and the Crestway. You didn't answer my other question about whether my email counts as a "formal response" and therefore I am on the list. And by the way, I do have a name. You can address me as Dr. Leat, which I used in my reply below. Page 398 of 410 Dr Leat From: Craig Dumart <Craig.Dumart@kitchener.ca> Sent: 10 -Mar -22 11:02 AM To: Susan Leat Cc: John Gazzola <John.Gazzola@kitchener.ca> Subject: RE: Development at 4220 King St Good morning, The 240m metre circulation does include houses on Grand Hill Drive, particularly 280 and 284 Grand Hill Drive. As previously mentioned in my initial response, the Planning Act requires 120metre circulation. The City of Kitchener goes above and beyond that and circulates 240 metres for all Official Plan Amendment and Zoning By-law Amendment applications (this application's circulation was treated and circulated identical to the 4396 King Street East application). No decisions have been made on either application and both are in the early stages and will be evaluated on their own merits. If you would like to set up a one on one meeting to discuss the proposed development at 4220 King Street East please let me know when you would have availability. Thanks, 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 craia.dumartCcDkitchen er.ca f =, AL L"n i� From: Susan Leat < Sent: Thursday, March 10, 2022 10:44 AM To: Craig Dumart <Craig.Dumart@kitchener.ca> Cc: John Gazzola <John.Gazzola@kitchener.ca> Subject: [EXTERNAL] RE: Development at 4220 King St This circle does NOT include any houses on Grand Hill Drive. I think you are confused with Folleys Lane which is not a part of Grand Hill Village. I also think that the law is not adequate in this regard. And I understand from Andrew Pinnell, who is the main contact for the other development at 4396, King st, that they went beyond the minimum requirements in that case. Perhaps it would have been expedient if you had done so. It is obvious from an quick look at Google maps, that it is not only the houses which are close which will be impacted, but those further down Deer Ridge and in Grand Hill Drive BECAUSE OUR ONLY EXIT ONTO KING ST IS OPPOSITE THIS PROPOSED DEVELOPMENT. Perhaps you could have considered this. And does an email count as formal input? How was I to know that my response meant that I would automatically be on the list? Dr Leat From: Craig Dumart <Craig.Dumart@kitchener.ca> Sent: 10 -Mar -22 10:34 AM To: Susan Leat Page 399 of 410 Craig Dumart From: Susan Leat Sent: Thursday, March 10, 2022 10:44 AM To: Craig Dumart Cc: John Gazzola Subject: [EXTERNAL] RE: Development at 4220 King St This circle does NOT include any houses on Grand Hill Drive. I think you are confused with Folleys Lane which is not a part of Grand Hill Village. I also think that the law is not adequate in this regard. And I understand from Andrew Pinnell, who is the main contact for the other development at 4396, King st, that they went beyond the minimum requirements in that case. Perhaps it would have been expedient if you had done so. It is obvious from an quick look at Google maps, that it is not only the houses which are close which will be impacted, but those further down Deer Ridge and in Grand Hill Drive BECAUSE OUR ONLY EXIT ONTO KING ST IS OPPOSITE THIS PROPOSED DEVELOPMENT. Perhaps you could have considered this. And does an email count as formal input? How was I to know that my response meant that I would automatically be on the list? Dr Leat From: Craig Dumart <Craig.Dumart@kitchener.ca> Sent: 10 -Mar -22 10:34 AM To: Susan Leat Cc: John Gazzola <John.Gazzola@kitchener.ca> Subject: RE: Development at 4220 King St Good morning, Any residents who provide formal written comments are automatically added to the email distribution list to be notified of upcoming public meetings. Residents and property owners within 240 metres of the subject lands were sent a Postcard from the city notifying residents of the proposed development. I can confirm residents on Grand Hill Drive were sent postcards. Below is a screen shot of properties within 240 metres of the 4220 King Street East that would have been circulated. Page 400 of 410 ek tit y 4 = mrr �F rpt: -- c � 5a� , . r 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.dumart(o)kitchener.ca From: Susan Leat Sent: Thursday, March 10, 2022 9:35 AM To: Craig Dumart <Craig.Dumart@kitchener.ca> Cc: John Gazzola <John.Gazzola@kitchener.ca> Subject: [EXTERNAL] RE: Development at 4220 King St Importance: High Hi Craig, Thanks for your explanation but it still doesn't explain why people in Deer Ridge got notifications in their mailboxes and not us in Grand Hill Drive. We are no further from the proposed development than Deer Ridge (in fact closer than most of Deer Ridge). 2 Page 401 of 410 Also you have not replied regarding my request to put me on the list to be notified about the public meeting. Dr. Leat From: Craig Dumart <Craig.Duma rt@kitchener.ca> Sent: 9 -Mar -22 5:57 PM To: Susan Leat Cc: John Gazzola <John.Gazzola@kitchener.ca> Subject: RE: Development at 4220 King St Good afternoon, Thank you for taking time to provide comments of the proposed development application at 4220 King Street East. Residents and property owners within 240 Metres of the application were circulated which goes above and beyond the minimum 120 metre circulation required by the Planning Act. In addition a notice of the application was posted in the Record. I can confirm a traffic study has been done, which is available online and being reviewed by our City Transportation staff, Regional transportation staff and MTO Staff. Planning Staff will be scheduling a Neighbourhood Meeting to discuss the proposed development late April 2022. We hope you are able to attend to further discuss the proposed development application. If you wish to discuss the proposed development in advance of the neighbourhood meeting, please let me know when a good time would be to set up a one on one meeting. Thanks, Craig Dumart, BES, MCIP, RPP Senior Planner l Planning Division l City of Kitchener (519) 741-2200 ext 7073 l TTY 1-866-969-9994 1 craig.dumartankitchener.ca Yo Nab From: Susan Leat Sent: Monday, March 7, 2022 3:30 PM To: Craig Dumart <Craig.Dumart@kitchener.ca> Cc: John Gazzola <John.Gazzola@kitchener.ca> Subject: [EXTERNAL] Development at 4220 King St Importance: High Dear Mr Dumart, I am writing with concerns about the notification regarding this development. One of my neighbours on Grand Hill informed me about this, having heard from someone in Deer Ridge who had received a flyer in their mailbox. So it seems that folk who live in Deer Ridge have been informed about this, but not residents of Grand Hill Drive. This potential development will impact us just as much (perhaps more) as people who live in Deer Ridge, yet we were not informed about it. I would like to know why residents of Grand Hill Village Association were not given notice. Without being made aware, we were potentially prevented from giving our feedback. Page 402 of 410 I would also like to make sure that you inform us of the upcoming public meeting about this. I understand from John Gazzola that this has not been scheduled yet. Please ensure that we are added to that mailing list, so that we DO receive notification. I am sure that many residents of GHVA will have significant concerns about this. I would like to register my concerns which are as follows 1. It will change the character of this area of Kitchener. It is not meant to be a city centre -type environment and in fact it was agreed when the Deer Ridge area was developed that the area would not be impacted in terms of the character of the area. A 18 storey building is not compatible with the rest of the area which is currently all low rise and it will impact the character of the area. There is NO OTHER high rise in the area. 2. This zoning change will lead to a precedent of further high rise development, which is NOT consistent with the area. It is NOT a city centre. 3. It will lead to even more traffic congestion. The intersections around Sportsworld Crossing, Sporstworld Drive and King Street are already over congested. King street itself takes too much traffic. Until an exit ramp between Highway 8 and the 401 westwards is built, there is NO MORE capacity for traffic along King Street between the off -ramp of Hwy 8 and the exit to the 401 in the London direction. 4. Has a recent traffic study been done? 5. 1 will also mention again that consultation has not consistent by the City i.e. some local neighbourhoods included and other excluded for no good reason. This is not professional. Dr. Jennifer Leat Jennifer Leat President, Grand HILL ViLLage Association Page 403 of 410 Craig Dumart From: Judy Bayly-Hanna Sent: Friday, March 25, 2022 10:38 AM To: Craig Dumart; Andrew Pinnell Cc: John Gazzola Subject: [EXTERNAL] High Rise Developments at 4396 and 4220 King St East in Kitchener Dear Sirs, As a resident of Grand Hill Drive for almost 30 years I consider myself very fortunate to be enjoying such a beautiful part of Kitchener. Although the area has changed, grown, developed considerably during this time,it remains a lovely combination of city/country living. The most recent commercial developments along King St East/Highway 8 have resulted in a huge increasein traffic and congestion along Highway 8 as well as Deer Ridge Drive.We already experience traffic congestion and frequent speeding along Deer Ridge leading to Grand Hill. The introduction of 2 high rise buildings in this area is of great concern to all of us. Both in terms of our clean water supply (as we all use well water and septic systems) and the social and physical implications of a large increase in population in a relatively small area without green space. I am not against low rise apartment buildings but let's keep them below 8-9 stories. Will a water study be done? Will a traffic study be done? We look forward to discussing these issues further at the March 31st Zoom meeting. Thank you for considering my thoughts, Judy Bayly-Hanna Page 404 of 410 Craig Dumart From: ross evans Sent: Wednesday, March 30, 2022 9:39 AM To: Craig Dumart Cc: John Gazzola Subject: [EXTERNAL] Re: New Application 4220 King St E, Kitchener Ontario Thank you Craig appreciate your quick response Look forward to your meeting Ross Evans On Mar 30, 2022, at 9:19 AM, Craig Dumart <Craig.Duma rt@kitchener.ca> wrote: Hi Ross, I have not scheduled a neighbourhood meeting yet for 4220 King Street East. Rather there is meeting scheduled only for the development at 4396 King Street East which has been scheduled by the File Planner Andrew Pinnell Andrew. Pinnell kitchener.ca . Please direct all comments related to 4396 King Street East to him. Below is a copy of the neighbourhood meeting invitation for 4396 King Street East which includes the Zoom meeting ID to enter. I have some time today and tomorrow to discuss the development at 4220 King Street East that I am overseeing if you want to connect and discuss that file. Thanks, 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.dumart&kitchener.ca Page 405 of 410 From: ross evans Sent: Wednesday, March 30, 2022 7:48 AM To: Craig Dumart <Craig.Dumart@kitchener.ca>; John Gazzola <John.Gazzola@kitchener.ca> Subject: [EXTERNAL] FW: New Application 4220 King St E, Kitchener Ontario Good morning gentlemen, I was looking for the note regarding the timing and invitation for a zoom meeting to discuss this and other new developments on King Street. Can you help me out and direct me to the invite or feel free to call me any time to review my note previously sent. Regards, Ross Evans From: ross evan< Date: Wednesday, March 9, 2022 at 7:07 PM To: Craig Dumart <Craig.Dumart kitchener.ca> Subject: Re: New Application 4220 King St E, Kitchener Ontario Craig thanks for reaching out and yes as a concerned neighbour I would appreciate the opportunity to talk to you ahead of time. Let me know what works for you and we can set up a discussion. And yes I plan to attend the meeting at the end of the month Talk to you soon Ross Evans On Mar 9, 2022, at 6:00 PM, Craig Dumart <Craig.Dumart kitchener.ca> wrote: Good afternoon, Thank you for taking time to provide comments of the proposed development application at 4220 King Street East. Staff will be scheduling a Neighbourhood Meeting to discuss the proposed development late April 2022. We hope you are able to attend to further discuss the proposed development application. If you wish to discuss the proposed development in advance of the neighbourhood meeting, please let me know when a good time would be to set up a one on one meeting. 3 Page 406 of 410 Thanks, 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.dumartdkitchener.ca From: ross evans < Sent: Wednesday, March 2, 2022 1:12 PM To: Craig Dumart <Craig.Dumart@kitchener.ca>; John Gazzola <John.Gazzola@kitchener.ca> Subject: [EXTERNAL] New Application 4220 King St E, Kitchener Ontario Application # ZBA22/005/K/CD Good afternoon, I'm writing today in regard to the property listed above for zoning bylaw Amendment for listed property. I"m sure everyone in City Hall knows this short strip of King Street is one of the most congested roads in Kitchener due to Highway 8 exit, for the residents here in Deer Ridge AND all the west bound 401 Traffic that uses this section of road to exit from HWY 8 to re- enter 401 West. Plus traffic, cars, buses, and large trucks use this strip of King Street to exit off 401 East to get into the Cambridge Industrial areas or continue further to enter onto Hwy 8 into Kitchener. As you know the residents in Deer Ridge area only have 1 area of park land to speak of (Pioneer Tower), no schools in the entire area and no trails. The traffic issue that is not going to get better any time soon, without a flyover to 401. This is the second developer asking to rezone a property (first one at Sportsworld and King Street). The first application is 3 towers with an excess of 500+ new families. Tricar Group's application is also for 3 towers and 525 new families. There are no parks for these people to visit so in the car they go or on the future LRT system. The closest park to us is Riverside Park and that's in Cambridge. FYI, the LRT is going to create even more headaches for people travelling through this zone and its current residents. I would like to formally ask both these applications should be turned down at least until a 401 overpass has been completed. Thank you for your time and look forward to staying in the loop for this application. Page 407 of 410 Craig Dumart EMINNN From: tony BOCCHINO Sent: Wednesday, June 15, 2022 1:33 PM To: Craig Dumart Cc: John Gazzola Subject: [EXTERNAL] Re: 4220 King St. E. & 25 Sportsworld Crossing Rd. Full disclosure Craig... I've spent the last quarter century helping to develop the Deer Ridge Estates Custom Built Community through architectural control and restrictive covenants. Obviously, I've collaborated with the City and Region so I'm fully aware of this community's evolution. I'm not interested in wasting anyones time, my interest is to fully understand the . potential future real estate developments of our neighbourhood and community so I can assess any potential impact on my families real estate investment and community values from a safety perspective. Thanks again for keeping me updated. Tony. On Jun 15, 2022, at 10:18 AM, Craig Dumart <Craig.Duma rt kitchener.ca> wrote: Hi Tony, There were no technical difficulties on the Cities end it may have just been the resident who was having issues on his end. The Official Plan contains policy that allow for applications to proceed in advance of the Secondary Plans. In advance of the completion of Station Area Plans, it is recognized that not all lands within a possible influence area of a ten minute walking radius centered around the location of a proposed Rapid Transit Station Stop should be the focus for intensification and development. In the interim the City has completed Phase 1 of the Planning Around Rapid Transit Station Areas (PARTS) Project to identify Major Transit Station Study Areas including the preliminary identification of areas, based on a high level of technical analysis, in which to focus intensification in and which could support transit oriented and transit -supportive development and redevelopment (Section 3.C.2.20. of the City of Kitchener Official Plan) Until such time as Station Area Plans are completed and the Official 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 Station Study Areas contained in the City's Planning Around Rapid Transit Station Areas (PARTS) Project Plan and.Background Report; a) in areas that are intended to be the focus for intensification, development applications will support the planned function of Major Transit Station Areas and have regard for the following: i) the Regional Official Plan and the Transit - Oriented Development Policies included in Section 13.C.3; ii) new non -transit -supportive uses such as low density uses and/or autooriented uses will be discouraged; iii) appropriate pedestrian and public transit facilities may be required with all major development or redevelopment proposals; iv) vehicular access points will be controlled to minimize disruption to traffic flow and new development may be Page 408 of 410 required to share common driveways and provide for maneuverability between sites. Any such applications that do not fully meet a) i) through iv) above, may be permitted, provided the owner/applicant demonstrates, to the satisfaction of the City and the Region, that the proposed development is designed in such a way that subsequent phases or infilling would meet the Transit - Oriented Development Policies. Existing developments within areas intended to be the focus for intensification that do not meet a) i) through iv) above, will be encouraged to redevelop in a manner consistent with these policies. b) in areas that are intended to remain stable, development applications will have regard for the policies included in Sections 4,11 and 12 and support and maintain the existing character and planned function of the stable area. Craig Dumart, BES, MCIP, RPP Senior Planner i Planning Division i City of Kitchener (519) 741-2200 ext 7073 i TTY 1-866-969-9994 i craig.dumart(a-.kitchener.ca <image001.png><image002.png> <imege003.png> <image004.png> <imege 005.png> <image006.prlg> <imege007.png> <image003.png> <image009.pri g> From: tony BOCCHINO Sent: Wednesday, June 15, 2022 10:06 AM To: Craig Dumart <Craig.Duma rt@kitchener.ca> Cc: John Gazzola <John.Gazzola@kitchener.ca> Subject: [EXTERNAL] Re: 4220 King St. E. & 25 Sportsworld Crossing Rd. Thanks for acknowledging my interest Craig. I also expressed interest to City planner Andrew Pinnell in the other nearby corner huge development proposal located at 4339 King St. E.. I'm surprised by your comment that "the Secondary Planning for this area is expected to begin in 2023"... while, the public is expected to comment today on two huge development proposals without clearly understanding the City's and/or Region's big picture for this area. Hopefully, you classify this issue as a reasonable public concern. Councillor John Gazzola had to intervene in our zoom meeting because members of the public weren't able to ask recorded questions online... probably just a technical issue. In any event, I live in the nearby community and appreciate the City letting us know what's happening in our neighbourhood. Best Regards, Tony On Jun 14, 20.22, at 12:25 PM, Craig Dumart <Craig,Duma rt@kitchener.ca> wrote: Good morning, You have been added to the email distribution list and will be notified of the public meeting when staff brings forward a recommendation. The Secondary Planning for this Page 409 of 410 area is expected to begin in 2023, at which point it would look at the landuses and zoning within the MTSA (major transit station area). Cra ig. From: Sent: Thursday, June 9, 2022 4:50 PM To: Craig Dumart <Craig.Dumart kitchener.ca> Subject: [EXTERNAL) 4220 King St. E. & 25 Sportsworld Crossing Rd. Hi Craig, Thanks for the public zoom meeting the other day regarding the above noted proposed development. I herein express my interest in receiving any additional public information relating to this proposed development. I appreciate the opportunity to have two of my questions answered during the zoom meeting and would like to be kept updated on this proposed development. The City and the development team did a good job in articulating the features of this huge proposed development. Obviously the public has some concerns and probably needs a bit of time to digest the presentation and information received. I'm wondering if you could share any Secondary Plan information with me concerning this area and/or direct me to a City/Region website link to learn more details about the future plans for this immediate area, since it was implied in the public zoom meeting that plans are in the works. Looking forward to hearing from you. Best Regards, Tony Bocchino Page 410 of 410