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HomeMy WebLinkAboutPSI Agenda - 2023-02-13Planning & Strategic Initiatives Committee Agenda Monday, February 13, 2023, 7:00 p.m. - 8:30 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 registration in-person 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. Commencement 2. 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. 3. 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. 3.1 None. 4. 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 5: 00 p.m. on February 13, 2023, in order to participate electronically. 4.1 Item 5.1 - Kristen Barisdale, GSP Group 4.2 Item 5.2 - Pierre Chauvin, MHBC Planning 5. Public Hearing Matters under the Planning Act (7:00 p.m.) 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. 5.1 Official Plan Amendment Application 30 m 3 OPA22/02/F/BB, Zoning By-law Amendment Application ZBA22/02/F/BB, 142-146 Fergus Avenue, 2467491 Ontario Inc., DSD -2023-051 (Staff will provide a 5 minute presentation on this matter.) 5.2 Zoning By-law Amendment ZBA/22/027/B/CD , 15 m 108 Blocks 22, 25, 28 and Part of Blocks 20,21, 23, 24, 26, 27, 29 Plan 58M-643, (Trussler West Subdivision), Activa Holdings Inc., DSD -2023- 054 (Staff will provide a 5 minute presentation on this matter.) 6. Information Items 6.1 None. 7. Adjournment Mariah Blake Committee Administrator Page 2 of 127 Staff Report Development Services Department www.kitchener.ca REPORT TO: Planning and Strategic Initiatives Committee DATE OF MEETING: February 13, 2023 SUBMITTED BY: Garett Stevenson, Interim Director of Planning, 519-741-2200 ext. 7070 PREPARED BY: Brian Bateman, Senior Planner, 519-741-2200 ext. 7869 WARD(S) INVOLVED: Ward 2 DATE OF REPORT: January 10, 2023 REPORT NO.: DSD -2023-051 SUBJECT: 142-146 Fergus Avenue Official Plan Amendment Application OPA22/02/F/BB Zoning By-law Amendment Application ZBA22/02/F/BB 2467491 Ontario Inc. RECOMMENDATION: A. That Official Plan Amendment Application OPA22/02/F/BB for 2467491 Ontario Inc. requesting a change to the Land Use Designation on the parcel of land specified and illustrated on Schedule `A', be adopted, in the form shown in the Official Plan Amendment as Appendix "A" to Report DSD -2023-051, and be forwarded to the Region of Waterloo for approval; and, B. That Zoning By-law Amendment Application ZBA22/02/F/BB for 2467491 Ontario Inc. be approved in the form shown in the "Proposed By-law" and "Map No. 1" attached as Appendix "B" to Report DSD -2023-051; and further, C. That the Urban Design Brief prepared by GSP Group Inc. and attached as Appendix "C" to report DSD -2023-051 be adopted, and that staff be directed to apply the Urban Design through the Site Plan Approval process. REPORT HIGHLIGHTS: • The purpose of this report is to evaluate and provide a planning recommendation regarding Official Plan Amendment and Zoning By-law Amendment applications for the subject lands municipally addressed as 142 to 146 Fergus Avenue. It is Planning staff's recommendation that the applications be approved. • The proposed applications support the development of mid -rise purpose-built rental housing. • The proposed applications support the acquisition of privately -owned land for the development additional City -owned parkland. • Community engagement included: o circulation of a notice postcard to residents and property owners within 240 metres of the subject properties; o installation of billboard notice sign on the properties; o a City -led Neighbourhood Meeting held on May 25, 2022; 0 ongoing discussions with interested members of the public; *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 3 of 127 o a third postcard notice of the statutory public meeting was circulated to all residents and property owners within 240 metres of the subject properties, as well as to those who responded to the preliminary circulation; and, o notice of the public meeting was given in The Record on January 20, 2023. • This report supports the delivery of core services. EXECUTIVE SUMMARY: 2467491 Ontario Inc. is seeking Official Plan and Zoning By-law Amendments to build a 7 -storey multiple dwelling (purpose-built rental) containing 78 residential units and 89 parking spaces. Planning staff is recommending that the applications be approved. dA.Zp SNv� P�� �O lQ� NC,A'S JQ OWN` �O V k, SUBJECT _� AREA 0<1:) -1p F�Q� -19�F 94 P y� zi s� Figure 1 — Location Map for 142-146 Fergus Avenue REPORT: The subject lands are located on Fergus Avenue (see Figure 1 and Figure 2 below) in the Stanley Park Community and are comprised of two separate properties which are proposed to be consolidated for the purpose of redevelopment. Municipally, the site is known as 142-146 Fergus Avenue and has a legal description of Lots 54 and 55, Registered Plan 690 City of Kitchener. The site is rectangular in shape with 38.76 metres of frontage on Fergus Avenue and an overall area of 0.3 hectares (0.8 acres). The site is currently occupied by two detached dwellings and one detached garage that is accessed by existing driveways to Fergus Avenue. One of these properties is currently occupied by a tenant while the other is used by the developer as his personal home office. Page 4 of 127 Figure 3 - Street View of 142 -146 Fergus Avenue (Google streetview) The topography is generally flat with a downward slope towards the eastern portion of the site from Fergus Avenue. A few mature trees surround the existing dwellings. E mg, l Bi blur P Coll e, 4�1 a 146 r 14`I 1 53 000, 14'3 i.ENTREVILLE CHICOPEE T 1:31 irl ' Figure 2 - Parcel Fabric: 142 -146 Fergus Ave. The surrounding area includes a mix of residential and institutional land uses including single detached dwellings, semi-detached dwellings, duplexes, low-rise multiples, a cemetery, and Fergus Place retirement home next door. The lands are located approximately 200 metres from a range of commercial uses along Weber Street East, including a grocery store, personal services, financial institutions, restaurants, and convenience retail. It is also within 200 metres east of existing Grand River Transit ("GRT") bus route along Weber Street (Route 8) and is within walking distance to GRT services on Franklin Street (Route 28) and River Road (Route 1). All existing GRT routes provide direct access to the Fairway ION Station. Schools are also nearby. Page 5 of 127 - 6s Figure 3 - Street View of 142 -146 Fergus Avenue (Google streetview) The topography is generally flat with a downward slope towards the eastern portion of the site from Fergus Avenue. A few mature trees surround the existing dwellings. E mg, l Bi blur P Coll e, 4�1 a 146 r 14`I 1 53 000, 14'3 i.ENTREVILLE CHICOPEE T 1:31 irl ' Figure 2 - Parcel Fabric: 142 -146 Fergus Ave. The surrounding area includes a mix of residential and institutional land uses including single detached dwellings, semi-detached dwellings, duplexes, low-rise multiples, a cemetery, and Fergus Place retirement home next door. The lands are located approximately 200 metres from a range of commercial uses along Weber Street East, including a grocery store, personal services, financial institutions, restaurants, and convenience retail. It is also within 200 metres east of existing Grand River Transit ("GRT") bus route along Weber Street (Route 8) and is within walking distance to GRT services on Franklin Street (Route 28) and River Road (Route 1). All existing GRT routes provide direct access to the Fairway ION Station. Schools are also nearby. Page 5 of 127 Development Proposal: The proposed development is a seven -storey multiple dwelling containing 78 dwelling units with a common indoor amenity area (54.7 square metres in area), an outdoor amenity area (359.6 square metres in area) atop the two-storey podium and a total of 89 parking spaces. The proposed parking spaces consist of 38 parking spaces on one level of underground parking, 51 parking spaces on two levels of podium parking and 8 surface parking spaces. Barrier -free parking stalls are also proposed near the building entrances. ■ Figure 4 - Proposed Site Plan (ABA Architects) Page 6 of 127 ca�Ns�ro � a�! iN. �Sm IM-_RiOR LOf vgpp 5c-14CI --- _ —--_1--_— -_ --- -----_ 4 a[ PROPOSED L—� — — 7NOREv: 78 UNIT + -'� • •� _ 'ONC_w[w�_. . 1 APARTMENT BUILDING � _ I � � I.+iN. �_ ldm wlexroR ACE ♦AFD SE1MCK — I — — — — — — — — — — — — — — — — J ■ Figure 4 - Proposed Site Plan (ABA Architects) Page 6 of 127 Figure 6 — Rendering (showing front left side elevation) Proposed Official Plan Amendment and Zoning By-law Amendment Applications The proposed Official Plan Amendment would redesignate the properties from `Low -Rise Residential' to a `Medium -Density Residential' land use designation with Specific Policy Area 56. Specific Policy Area 56 will permit a maximum Floor Space Ratio (FSR) of 2.3 instead of the maximum permitted 2.0 in the Medium -Rise Residential land use designation. The proposed Zoning By-law Amendment will change the zoning of the subject properties from `Low Rise Residential Four Zone (RES -4)' to `Medium Rise Residential Six Zone (RES -6)' with Site Specific provision (355) and Holding Provision 39H in Zoning By-law 2019-051. The effect of the by-law amendment is to add the following regulations that are site-specific to the development proposal: a) Maximum Floor Space Ratio (FSR) of 2.3; b) Minimum rear yard setback of 5.0 metres; c) Minimum side yard setback of 0.75 metres (east) and 2.8 metres (west); d) Minimum setback to parkland of 1.0 metres; e) Minimum vehicle parking of 1.14 space/unit (including visitor); f) Minimum lot width of 21 metres. The zoning by-law amendment also proposes to re -zone a rectangular section of the subject lands adjacent to Fergus Avenue to `Open Space and Recreation OSR-1 Zone'. This portion of land will be dedicated to the City for parkland purposes and will be combined with Fergus Green to double the size of the existing park. Page 7 of 127 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 applications will contribute to an appropriate mix of housing types by providing a mid -rise form of housing that is compatible and complements the existing 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) required municipalities to 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) states that Complete Communities will 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 is a mid -rise multiple dwelling proposal, 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 being located adjacent to the Weber Street commercial corridor. This development will help to support the commercial corridor. Planning staff is of the opinion that the development proposal conforms 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 the City 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. Regional staff have indicated Page 8 of 127 that they have no objections to the proposed applications. 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 `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. The Official Plan requires that 55% of all new residential development occurring annually be directed to existing Built -Up Areas. The proposed development will assist the Region and City in achieving their required intensification targets for new residential development within the existing built-up area, which better utilizes serviced lands and limits outward growth. The proposed development is consistent with the planned intensification contemplated in the Community Area. The proposed development has been sited at the rear of the site with incorporated stepbacks for transitions in the built -form to the adjacent residential uses. The site is located next to a Community Node, a Regional road that is a commercial corridor, and is accessible to a variety of mixed uses and transit services. Housinci 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 proposed development is a "mid -rise" housing form that provides an option that bridges the gap between high density residential towers and low rise residential uses such as single detached dwellings. The proposed housing type is an important segment in Kitchener's housing continuum. Policy 4.C.1.9. of the Official Plan states that 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. 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 states that 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. Although Stanley Park is largely comprised of low rise uses, the proposed development will expand upon existing intensification projects in the Stanley Park Community, providing a mid -rise form of rental housing that is lacking in many City's neighborhoods, including Stanley Park. The proposed building is situated at the rear half of the property, with incorporated stepbacks, to reduce the visual impact of massing and to provide separation to the existing low-rise residential on the south side of Fergus Avenue. The expanded park is proposed along the property frontage, allowing natural screening to the building and enhanced separation. The proposed development will provide for 89 parking spaces (1.14 space per unit). Although the proposed parking rate is slightly lower than required by the Zoning By-law 2019-051, reduced vehicular parking was deemed suitable for auto ownership rates as outlined in the parking study, as Page 9 of 127 well accommodated by the provision of bicycle parking and access to existing transit services. Outdoor amenity area is provided by through the creation of the City-owned neighbourhood park and rooftop amenity terrace, as well indoor amenity rooms for resident use. 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. Regarding 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 promotes and encourages 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 close walking access to Grand River Transit Route 8 that connects directly with the Fairview ION Transit Station. The proposed development concept includes provision of safe, secure indoor bicycle storage to encourage active transportation. Staff is of the opinion that the requested amendments conform 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 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. The arrangement of the built form on the site provides a sensitive transition from the low-rise neighbourhood and accommodates significant park frontage along Fergus Avenue. The scale of the building, with the appropriate yard setbacks, parkland dedication and building articulation, creates a human scale proportion along Fergus Avenue. The preliminary building elevations include horizontal and vertical articulation and creating undulations that add visual interest and break down the apparent mass of the building. The architectural style is a contemporary architectural aesthetic of form and materials that complements the existing context. Parkland Parks staff has identified this area of Stanley Park as being deficient in parkland. To help address this issue, staff has requested the dedication of land rather than cash-in-lieu in accordance with policy 8.C.1.29 of the Official Plan. The developer has agreed to dedicate land, and this will be conveyed to the City as a condition of Site Plan Approval. The land will be added to the City's existing park (Fergus Green) located at 120 Fergus Avenue. Accordingly, the proposed park area is proposed to be zoned "Open Space and Recreation Zone (OSR-1)". This land dedication reduces the land area for development while the built form will be within the parameters of height, the reduced area results in the minor increase in FSR. Page 10 of 127 Specific Policy Area No.56 The proposed Official Plan Amendment would redesignate the site from `Low -Rise Residential' to `Medium -Rise Residential' designation with the following Specific Policy Area (Figure 3): 15.D.3.56 142-146 Fergus Avenue Notwithstanding the Medium Rise Residential land use designation and policies on the lands municipally known as 142-146 Fergus Avenue: a) A Maximum Floor Space Ratio (FSR) of 2.3 will be permitted. b) A Holding provision pursuant to Section 17.E.13 will apply to residential uses, day care uses and other sensitive uses. The Holding provision will not be removed until such time as a detailed Stationary Noise Study has been acknowledged by the Province and a release has been issued by the Region. Details and rationale of the proposed Official Plan Amendment are found in Appendix `A' of this report Staff is of the opinion that the proposed Official Plan Amendment is appropriate in consideration of policies contained Sections 3, 4, 11, 13 and 15 of the Official Plan. The proposed change in land use designation will permit an infill development which is compatible with surrounding land uses and maintains the existing character and planned function of the neighbourhood. Furthermore, the proposed design responds to the design direction of the medium rise designation in that the proposed mid -rise building: a) Provides opportunity for residential intensification and the provision of a housing alternative in the neighbourhood. b) Fits within the existing and emerging context, scaled to respect the proportions of Fergus Avenue and demonstrating no adverse shadow impacts. c) Enhances the existing character of the streetscapes along Fergus Avenue. d) A set back of 39.8 metres from Fergus Avenue to allow for sufficient area for the parkland and tree planting along the street edge. e) Provides appropriate transition from the one and two-storey built forms to the east and west through setbacks and variation in heights. f) Includes highly articulated building elevations with regularly spaced openings. Staff is of the opinion that the proposed Medium Rise Residential land use designation with Specific Policy Area No. 56 is appropriate for the subject lands and is good planning. Proposed Zoning By-law Amendment A Zoning By-law Amendment has been requested to rezone the subject lands from `Low Rise Residential Four Zone (RES -4)' to `Medium Rise Residential Zone RES -6' with Site Specific Provision (355) and Holding Provision (39H) and `Open Space and Recreation Zone (OSR-1)' to implement the proposed designation and to align with Zoning By-law 2019-051. The proposed `RES - 6' zone permits multiple dwellings and aligns with the `Medium Rise Residential' designation of the Official Plan. The OSR-1 zone is for land to be dedicated to the City and combined with Fergus Green located at 120 Fergus Avenue. Each of the recommended site-specific zoning provisions is discussed in greater detail below. The intent of the special regulations is to tailor the zoning regulations to the built form proposed and the analysis by staff through the review of the zoning by-law amendment application. Page 11 of 127 Proposed Regulation Pur ose Maximum building height for a The proposed ZBA has been considered based on the multiple dwelling of 24 metres and 7 proposed built form and height. The `RES -6' zone permits storeys a height of 25 metres and 8 storeys and staff feel it is appropriate to limit the height to implement the form articulated in the proposed site design. Staff is of the opinion that the proposed height is appropriate. Given a 38 metre front yard setback, location of the park, parcel fabric, building stepbacks and surrounding context, a 7 -storey building is acceptable. The building will not provide unacceptable shadow impacts, and a mid -rise building form would complement the streetscape at this location. Maximum FSR for a multiple dwelling The FSR is the amount of above ground building floor area shall be 2.3 divided by the site area. The figure is specific to the development proposal. Minimum rear yard setback of 5.0 To accommodate land for a park, the building has been metres. shifted to the rear half of the site requiring a reduced rear yard. The site backs onto Woodland Cemetery and therefore impacts of a reduced rear yard are negligible. Minimum side yard setback to the It is a site-specific regulation tailored to the proposed easterly lot line shall be 0.75 metres. design of the site. Minimum side yard setback to the It is a site-specific regulation tailored to the proposed westerly lot line shall be 2.8 metres design of the site. Minimum lot width of 21 metres By-law 2019-051 requires a 30 metre lot width but due to proposed dedication of parkland to the City, the lot width will be decreased as a result. Parking rate of 1.14 spaces per unit By-law 2019-051 requires a parking rate of 1 space per unit plus 15% visitor parking or 1.15 spaces per unit. The proposed rate represents a slight reduction that staff can support. Additionally, TDM measures are proposed to support a reduction in parking. That Holding Provision 39H shall The Region of Waterloo has requested to apply a holding apply provision until such time as a detailed Noise Study has been prepared and accepted to the satisfaction of the Region. The holding provision will have to be lifted, prior to issuing a building permit. Page 12 of 127 WHAT WE HEARD 8 people provided comments 1 Neighbourhood Meetings held 1413 households circulated and notified Department and Agency Comments: Preliminary circulation of the OPA and ZBA was undertaken on February 11, 2022, to applicable City departments and other review authorities. No major concerns were identified by any commenting City department or agency. Site Design and Building details will continue to be refined through the Site Plan Approval process and will be generally consistent with the design considered through this development application. Copies of comments are found in Appendix `E' of this report. The following reports and studies were considered as part of this proposed OPA and ZBA: • Archaeological Assessment • Architect's Design Brief • Geotechnical Report • Noise Study • Planning Justification Report • Servicing and Stormwater Management Report • Traffic Impact Statement • Urban Design Brief • Vegetation Management Plan Neighbourhood Comments and Staff Response: Planning staff received 8 written submissions which are attached as Appendix "F". Comments were received following the initial circulation in February 2022 and the Neighbourhood Meeting held on May 25, 2022. The comments received from community members during the consultation on these applications is described in greater detail below. Overall, of the responses received in writing, the majority expressing concern and comments, most were in the following areas: • Parking & On Street Parking • Traffic • Compatibility • Affordability and Tenure • Construction Nuisance Parking/On Street Parking Provision of adequate parking was one of the primary concerns expressed by residents responding to this application. The applicant is providing 89 parking spaces for 78 units in the form of Page 13 of 127 underground and surface parking. This represents a parking rate of 1.14 spaces per unit or slightly less than the required rate of 1.15 spaces per unit. Given proximity of GRT routes on Weber Street and TDM measures being proposed, Transportation Planning staff is satisfied that a minor reduction in the parking rate is acceptable. Residents expressed concerns with spillover parking onto Fergus Avenue. Staff acknowledges that limited on street parking exists along Fergus Avenue for the public. Kitchener has an on -street parking by-law that prohibits parking for more than 3 consecutive hours on any City street from 6 a.m. to 11 p.m., unless signs are posted that say otherwise. Residents are encouraged to contact the City's By-law Enforcement if a violation of the by-law is observed. Staff typically discourage parking in the front yard but given the location of the park and building setback, space is limited on site. Moreover, the surface parking will be used for visitor and disabled parking in order to avoid on - street parking. Traffic As part of the OPA/ZBA application process, Transportation Services requested that a Transportation Impact Assessment and Parking Study (September 2021) be submitted, which was completed by Paradigm Transportation Solutions Ltd. Part of Paradigm's analysis completed a traffic count at the intersection of Weber/Fergus in 2019. Transportation Services supported the volumes from the traffic count, which would represent the two-way traffic traveling along Fergus Ave near the development. A 2% growth rate per year was applied to the existing traffic from 2019 and forecasted that traffic to 2025. Below is a summary of the 2025 total traffic for the AM/PM peak hours that can be expected along Fergus Avenue. These traffic volumes include both site generated traffic and existing traffic. Estimated 2025 total two-way traffic volumes along Fergus Avenue • AM peak hour - 283 • PM peak hour — 329 A common practice is that 10% of the Average Daily Traffic (ADT) is to represent the highest peak hour volume. 3290 vehicles per day are expected, which falls within the ADT traffic volume range for Fergus Avenue. This figure represents the total volume of all traffic expected on Fergus Avenue and not just from the proposed development. Fergus Avenue is designated as a Minor Neighbourhood Collector roadway with an ADT rating of between 2000 to 5000 vehicles per day. Therefore, Transportation Planning has no concerns with the proposal. Compatibility Compatibility means different things to different people, but in the City's Official Plan it means 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". As such, given parcel fabric, surrounding context, site and building design, and location of parkland, it is the opinion of staff that a mid -rise building form that is 7 storeys in height, setback 38 metres from the Fergus Avenue streetline, separated by parkland and incorporates appropriate building design measures such as building stepbacks and undulations, achieves compatibility. Affordability and Tenure Staff can confirm that this development is intended to be a purpose built rental, but is not considered affordable housing, and is anticipated to have market rents. The building has been designed to have a mix of 1 and 2 bedrooms. Staff comment that purpose built rental dwellings will help increase the overall supply of rental housing and assist in addressing the City's housing crisis. Page 14 of 127 Tree Loss A Vegetation Management Plan was submitted by the applicant and reviewed and accepted by Environmental Planning staff. Staff acknowledge there will be on-site removal of vegetation due to construction impacts but that trees located adjacent to the subject property are to be retained. Landscaping is proposed to screen parking proposed in the front yard. Population and Density Increasing Beyond Sustainable Levels A resident raised a concern that this development proposal along with others may be causing population and densities to increase beyond sustainable levels for the city and general area. The City's vision is to encourage higher density development within the Urban Growth Centre, Transit Station areas and Nodes and Corridors of City's Built-up Area to support and increase public transit usage and make better use of our existing infrastructure. Although this proposal is within the Community Area, the site is located immediately adjacent to a Community Node within a Mixed-use Corridor at Weber Street and Fergus Avenue. The City's Official Plan encourages increased residential densities adjacent to Nodes to support and enhance commercial activities and public transportation. The City's Growth Management Monitoring Plan 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. 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. As such, according to the 2022 Monitoring Report, given the number of recent developments, Kitchener has the potential to accommodate its current allocated population and employment growth within its urban area indicating that Kitchener is growing at a sustainable level. Planning Conclusions In considering the foregoing, staff are supportive of the proposed Official Plan Amendment and Zoning By-law Amendment to permit 142-146 Fergus Avenue to be redeveloped with a multiple dwelling. Staff is of the opinion that the subject applications are consistent with policies of the Provincial Policy Statement (2020), conform to the 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 applications be approved. 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. Notice signs were posted on the property and information regarding the application posted to the City's website in February 2022. Notice of the Public Meeting was posted in The Record on January 20, 2023. CONSULT — The proposed applications were originally circulated to property owners within 240 metres of the subject lands in February 2022. In response to this circulation, staff received 8 written responses. A Neighbourhood Meeting was held on May 25, 2023. Page 15 of 127 PREVIOUS REPORTS/AUTHORITIES: • Planning Act, R.S.O. 1990, c. P.13 • Provincial Policy Statement, 2020 • A Place to Grow Growth Plan, 2020 • Regional Official Plan • City of Kitchener Official Plan, 2014 • City of Kitchener Zoning By-law 2019-051 REVIEWED BY: Tina Malone -Wright, —Interim Manager of Development Review, Planning Division APPROVED BY: Justin Readman - General Manager, Development Services ATTACHMENTS: Attachment A - Proposed Official Plan Amendment and Maps Attachment B - Proposed Zoning By-law Amendment and Zoning Map Attachment C - Urban Design Brief, GSP Attachment D - Newspaper Notice Attachment E - Department and Agency Comment Attachment F - Resident Comments Page 16 of 127 AMENDMENT NO. ## TO THE OFFICIAL PLAN OF THE CITY OF KITCHENER M11 Vigo] 0'N10]:1ml►1;IC7 142-146 Fergus Aveune Page 17 of 127 AMENDMENT NO. ## TO THE OFFICIAL PLAN OF THE CITY OF KITCHENER CITY OF KITCHENER 142-146 Fergus Avenue INDEX SECTION 1 TITLE AND COMPONENTS SECTION 2 PURPOSE OF THE AMENDMENT SECTION 3 BASIS OF THE AMENDMENT SECTION 4 THE AMENDMENT APPENDICES APPENDIX 1 Notice of the Meeting of Planning and Strategic Initiatives Committee of February 13, 2023 APPENDIX 2 Minutes of the Meeting of Planning and Strategic Initiatives Committee — February 13, 2023 APPENDIX 3 Minutes of the Meeting of City Council — February 27, 2023 Page 18 of 127 AMENDMENT NO. ## TO THE OFFICIAL PLAN OF THE CITY OF KITCHENER SECTION 1 — TITLE AND COMPONENTS This amendment shall be referred to as Amendment No. ## to the Official Plan of the City of Kitchener. This amendment is comprised of Sections 1 to 4 inclusive. SECTION 2 — PURPOSE OF THE AMENDMENT The purpose of the Official Plan Amendment is change the land use designation and amend Map 3 as well as to add a site specific policy area and amend Map 5 to permit the development of the subject lands with a ten storey multiple dwelling. The amendment comprises of the following changes: • Map 3 is amended by changing the land use designation from `Low Rise Residential' to `Medium Rise Residential'; • Map 5 is amended by adding Specific Policy Area 56; Section 15.D.12 is amended by adding Policy 15.D.12.56 to permit a Floor Space Ratio (FSR) of 2.3 instead of the maximum permitted 2.0 in the Medium Rise Residential land use designation and a Holding Provision. SECTION 3 — BASIS OF THE AMENDMENT The subject lands are currently designated as `Low Rise Residential' Planning staff are recommending that the land use designation for the subject lands be amended to Medium Rise Residential with Site Specific Policy Area 56. The Medium Rise Residential land use designation is applied to lands that are planned to accommodate a range of medium density housing types including townhouse dwellings in a cluster development, multiple dwellings and special needs housing. A minimum Floor Space Ratio of 0.6 and maximum Floor Space Ratio of 2.0 will apply to all development and redevelopment. No building will exceed 8 storeys or 25 metres in height, whichever is the lesser, at the highest grade elevation. Site Specific Policy Area 56 is intended to ensure that any future building is compatible. The proposed permissions would permit a 7 storey multiple dwelling with a Floor Space Ratio (FSR) of 2.3 and 78 dwelling units. The lands are identified as a Community Area in the Official Plan. The planned function of Community Areas is to provide for residential uses as well as non-residential supporting uses intended to serve the immediate residential areas. Lands within Community Areas may be designated as Low Rise Residential, Medium Rise Residential, High Rise Residential, Open Space, Institutional and/or Major Infrastructure and Utilities. Limited intensification may be permitted within Community Areas in accordance with the applicable land use designation and the Urban Design Policies in the Official Plan. The proposed development must be sensitive to and compatible with the character, form and planned function of the surrounding context. The Official Plan Supports 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 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. Page 19 of 127 The Official Plan contains policies to consider when a site-specific zoning regulation is proposed to facilitate residential intensification or a redevelopment of lands. The overall impact of the special zoning regulations will be reviewed by the City to ensure: — That any new buildings and any additions and/or modifications to existing buildings are appropriate in massing and scale and are compatible with the built form and the community character of the established neighbourhood, — That new buildings, additions, modifications and conversions are sensitive to the exterior areas of adjacent properties, and that the appropriate screening and/or buffering is provided to mitigate any adverse impacts, particularly with respect to privacy, and — That the lands can function appropriately and not create unacceptable adverse impacts for adjacent properties by providing both an appropriate number of parking spaces and an appropriate landscaped/amenity area on the site. In addition, when planning for new Medium Rise Residential locations in new community plans and secondary plans or when considering redevelopment opportunities, consideration will be given to whether the proposed Medium Rise Residential uses will: — result in the preservation of features of the natural environment which may otherwise be compromised with more dispersed low density development; — take advantage of vistas; — constitute neighbourhood landmarks or reference points; — be located within walking distance of nodes, corridors and public transit stops and non- residential uses; and, — have a strong focus placed on the creation of links for pedestrians and cyclists with surrounding non-residential uses The proposed change in land use designation will permit an infill development which is compatible with surrounding land uses, maintains the existing character and planned function of the stable neighbourhood and is located immediately adjacent to a Mixed -Use Node therefore supporting and strengthening the planned function of the Node and commercial corridor. Furthermore, the proposed design responds to the design direction of the Medium rise designation in that the proposed mid -rise building: a) Provides opportunity for residential intensification and the provision of a housing alternative in the neighbourhood. b) Fits within the existing and emerging context, scaled to respect the proportions of Fergus Avenue and demonstrating no adverse shadow impacts. c) Enhances the existing character of the streetscapes along Fergus Avenue. d) Sets back 39.8 metres from Fergus Avenue to allow for sufficient area for the parkland and tree planting along the street edge. e) Provides appropriate transition from the one and two-storey built forms to the east and west through setbacks, stepbacks and variation in heights. f) Includes highly articulated building elevations with regularly spaced openings which will not only enhance the appearance of the streetscape but will also be a neighbourhood landmark given it is a terminating view from Fasley Avenue. Staff is of the opinion that the proposed Medium Rise Residential land use designation with Special Policy Area No. 56 is appropriate for the subject lands and is good planning. Planning Staff is of the opinion that Official Plan Amendment is in compliance with the Kitchener Growth Management Strategy by supporting appropriate intensification that better utilizes the existing infrastructure while ensuring that any future development be compatible and complementary to the existing neighbourhood, while bringing new residents into a stable community. Page 20 of 127 The applications align with Provincial, Regional, and City policies and will contribute to the community. Planning staff are of the opinion that the additional two storeys, coupled with the site specific policy area and zoning regulations, will result in a development that will not have adverse impacts on the community. Planning staff is of the opinion that the Official Plan Amendment conform to the Growth Plan. The development of the subject lands with a more intense residential use within the City's delineated built up area, represent intensification and will help the City to meet density targets. Planning staff is of the opinion that the requested applications are consistent with the policies and intent of the Provincial Policy Statement. The proposed Official Plan Amendment will facilitate the intensification of the subject property with a more intensive residential use that is compatible with the surrounding community 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. Planning staff is of the opinion that the proposed Official Plan Amendment conform to the Regional Official Plan (ROP). Urban Area policies in the ROP identify that the focus of the Region's future growth will be within the Urban Area. This area contains the physical infrastructure and community infrastructure to support major growth, including transportation networks, municipal drinking -water supply systems and municipal wastewater systems, and a broad range of social and public health services. It is also well -served by the existing Regional transit system. For these reasons, lands within the Urban Area have the greatest capacity to accommodate growth and serve as the primary focus for employment, housing, cultural and recreational opportunities in the region. SECTION 4 — THE AMENDMENT The City of Kitchener Official Plan is hereby amended as follows: a) Part D, Section 15.D.12 is amended by adding Site Specific Policy Area 15.D.12.56 as follows: "15.D.12.56. 142-146 Fergus Avenue Notwithstanding the Medium Rise Residential land use designation and policies on the lands municipally known as 142-146 Fergus Avenue: a) A Maximum Floor Space Ratio (FSR) of 2.3 will be permitted. b) A Holding provision pursuant to Section 17.E.13 will apply to residential uses, day care uses and other sensitive uses. The Holding provision will not be removed until such time as a detailed Stationary Noise Study has been acknowledged by the Province and a release has been issued by the Region. b) Amend Map No. 3 — Land Use by: i) Designating the lands municipally addressed as 142-146 Fergus Aveue `Medium Rise Residential' instead of `Low Rise Residential', as shown on the attached Schedule W. c) Amend Map No. 5 — Specific Policy Areas by: Page 21 of 127 i) Adding Specific Policy Area 56 to the subject lands, municipally addressed as 142-146 Fergus Avenue, as shown on the attached Schedule `B'. Page 22 of 127 APPENDIX 1 Notice of the Meeting of Planning and Strategic Initiatives Committee of February 13, 2023. Advertised in The Record — January, 2023 PROPERTY OWNERS AND INTERESTED PARTIES ARE INVITED TO ATTEND A PUBLIC MEETING TO DISCUSS A PROPOSED OFFICIAL PLAN AMENDMENT AND AMENDMENT TO THE KITCHENER ZONING BY-LAW UNDER SECTIONS 17,22 AND 34 OF THE PLANNING ACT 142-146 Fergus Avenue NOTICE OF PUBLIC MEETING � for a development in your neighbourhood 142-146 Fergus Avenue KT7(-i T\T-R Have Your Voice Heard! Date: February 13. 2023 Time: 7:00 P.M. Location: Council Chambers, Kitchener City Hall 200 King Street West orVirtual Zoom Meeting ■� To view the staff report, agenda, l� ] meeting details. start time of this item or to appear as a delegation. visit: Concept Drawif, kitchener.ca/meetings To learn more about this project, including information on your ©� appeal rights. visit: www.kitchener.ca/ 0 �; _, Planning�4pplications ► or contact* Multiple 7 Storeys, Floor Space Brian Bateman, Senior Planner Dwelling 78 Dwelling Ratio of 2.3 519,741.2200 x 7869 Units brian.bateman(@kitchener.ca The City of Kitchener will consider applications for Official Plan and Zoning By-law Amendments to facilitate the development of a 7 -storey multiple dwelling with 78 residential units, having a Floor Space Ratio (FSR) of 2.3. proposed reduced side and rear yard setbacks and providing 89 vehicle parking spaces and 51 bicycle spaces. 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SCALE 1 :8,000 City of FILE .-' 142 AND 146 FERGUS AVE / DECEMBER 12,2022 DATE: DEVELOPMENT Page 27 of 127 CITY OF KITCHENER OFFICIAL PLAN AMENDMENT TO MAP 5 SPECIFIC POLICY AREAS Specific Policy Areas N ® 47.146 Trafalgar Ave 47 O� 48. 110, 130 & 136 Fergus Ave Refer to Urban Growth Centre and Secondary Plans for details Area of Amendment To Add Specific Policy Area 56.142 & 146 Fergus Ave a �FgFR 56 48 S �o T F O� V STF SCHEDULE "B" o Soo REVISED: OFFICIAL PLAN AMENDMENT OPA22/002/F/BB APPLICANT: METRES ZONING BY-LAW AMENDMENT ZBA22/002/F/BB 2467491 ONTARIO INC. SCALE 1:15,000 City of Kitchener FILE FILE 142 AND 146 FERGUS AVE DATE: DECEMBER 12, 2022 DEVELOPMENT SERVICES DEPARTMENT, PLANNING mxd Page 27 of 127 follows: PROPOSED BY — LAW , 2023 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 2467491 Ontario Inc. 142 and 146 Fergus Avenue) 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 Zoning Grid Schedule Number 221 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 Four Zone (RES -4) to Medium Rise Residential Six Zone (RES -6) with Site Specific Provision (355) and Holding Provision 39H. 2. Zoning Grid Schedule Number 221 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 Low Rise Residential Four Zone (RES -4) to Recreation Zone (OSR-1). 3. Zoning Grid Schedule Number 221 of Appendix "A" to By-law Number 2019-051 is hereby further amended by incorporating additional zone boundaries as shown on Map No. 1 attached hereto. 4. Section 19 of By-law 2019-051 is hereby amended by adding Section (355) thereto as follows: "355. Notwithstanding Sections 5, 7 and 15 and Tables 5.5, 7.6 and 15.2 of this By-law, the following regulations shall apply for a multiple dwelling: a) The maximum Floor Space Ratio (FSR) shall be 2.3. b) The minimum easterly and westerly side yard setbacks shall be 0.75 metres and 2.8 metres, respectively. c) The maximum number of storeys shall be 7 storeys and the maximum building height shall be 24.0 metres. Page 28 of 127 d) The minimum building setback to OSR-1 zoned lands shall be 1.0 metre. e) The minimum required parking shall be 1.14 spaces per dwelling unit inclusive of visitor parking. f) The minimum lot width shall be 21 metres" 5. Section 20 of By-law 2019-051 is hereby amended by adding Section 39H thereto as follows: "39H Notwithstanding Section 7 of this Bylaw, within the lands zoned RES -6 (355) as shown as affected by this subsection on Zoning Grid Schedule Number 221 of Appendix "A", only those uses which lawfully existed on the date of passing of this By-law, shall be permitted to continue until such time as this Holding Provision is removed by by-law once the City of Kitchener is in receipt of a letter from the Regional Municipality of Waterloo, advising that the Region's requirements have been satisfied with respect to the submission of a detailed noise impact assessment for stationary noise". 6. This By-law shall become effective only if Official Plan Amendment No. _, 142-146 Fergus Avenue 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 2023. Mayor Clerk Page 29 of 127 n OSR- RES-5 A (337) INS7i i � INS INS -1 ICOM-2 COM-2 RES -5 ___ ULE 221___ MIX -3 S EDULE220(49), (68) MAP NO. 1 0 50 100 METRES 2467491 ONTARIO INC. SCALE 1:4,000 142 AND 146 FERGUS AVE DATE: DECEMBER 12, 2022 BY-LAW 2019-051 COM -2 GENERAL COMMERCIAL ZONE MIX -3 MIXED USE THREE ZONE INS -1 NEIGHBOURHOOD INSTITUTIONAL ZONE INS -2 MAJOR INSTITUTIONAL OSR-2 OPEN SPACE: GREENWAYS ZONE OSR-1 RECREATION ZONE RES -2 LOW RISE RESIDENTIAL TWO ZONE RES -3 LOW RISE RESIDENTIAL THREE ZONE RES -4 LOW RISE RESIDENTIAL FOUR ZONE RES -5 LOW RISE RESIDENTIAL FIVE ZONE RES -6 MEDIUM RISE RESIDENTIAL ZONE v \ ZONE GRID REFERENCE SCHEDULE NO. 221 OF APPENDIX'A' RE KITCHENER ZONING BY-LAW 85-1 AND 2019-051 R -5 ES -4 ZONE LIMITS ZONING BY-LAW AMENDMENT ZBA22/002/F/BB OFFICIAL PLAN AMENDMENT OPA22/002/F/BB City of Kitchener FILE ZBA22002FBB_MAP1B DEVELOPME T SERVICES DEPARTMENT, PLANNING mxd F E SUBJECT AREA(S) ES N RES -5 AMENDMENT TO BY-LAW 2019-051 AREA 1 - FROM LOW RISE RESIDENTIAL FOUR ZONE OSR-2 (RES -4) TO MEDIUM RISE RESIDENTIAL SIX ZONE (RES -6) WITH SITE SPECIFIC PROVISION (355) RES -5 AND HOLDING PROVISION (39H) " C14 AREA 2 - WIW RES -5 FROM LOW RISE RESIDENTIAL FOUR ZONE 1 , (RES -4) 0l A� TO RECREATION ZONE (OSR-1) U�U _ yly occ G n OSR- RES-5 A (337) INS7i i � INS INS -1 ICOM-2 COM-2 RES -5 ___ ULE 221___ MIX -3 S EDULE220(49), (68) MAP NO. 1 0 50 100 METRES 2467491 ONTARIO INC. SCALE 1:4,000 142 AND 146 FERGUS AVE DATE: DECEMBER 12, 2022 BY-LAW 2019-051 COM -2 GENERAL COMMERCIAL ZONE MIX -3 MIXED USE THREE ZONE INS -1 NEIGHBOURHOOD INSTITUTIONAL ZONE INS -2 MAJOR INSTITUTIONAL OSR-2 OPEN SPACE: GREENWAYS ZONE OSR-1 RECREATION ZONE RES -2 LOW RISE RESIDENTIAL TWO ZONE RES -3 LOW RISE RESIDENTIAL THREE ZONE RES -4 LOW RISE RESIDENTIAL FOUR ZONE RES -5 LOW RISE RESIDENTIAL FIVE ZONE RES -6 MEDIUM RISE RESIDENTIAL ZONE v \ ZONE GRID REFERENCE SCHEDULE NO. 221 OF APPENDIX'A' RE KITCHENER ZONING BY-LAW 85-1 AND 2019-051 R -5 ES -4 ZONE LIMITS ZONING BY-LAW AMENDMENT ZBA22/002/F/BB OFFICIAL PLAN AMENDMENT OPA22/002/F/BB City of Kitchener FILE ZBA22002FBB_MAP1B DEVELOPME T SERVICES DEPARTMENT, PLANNING mxd F E PM Prepared for: 2467491 Ontario Inc. 1333 Weber Street East, Kitchener, ON N2A 2H2 14 URBAN DESIGN BRIEF 142 & 146 Fergus Avenue City of Kitchener Official Plan Amendment Zoning By-law Amendment December, 2021 Prepared by: GSP Group Inc. 72 Victoria Street South, Suite 201 Kitchener, ON N2G 4Y9 GSP z: * group Page 31 of 127 E 00 ,qr .. 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V•' '� .� _ _y ' ® - .'w Assm A: - .7 ti Pie � � M • ,�;z� � ti 5 wy8 .� s� •, i t � TABLE OF CONTENTS BACKGROUND AND PURPOSE ................................ 4 1.1 Proposal.......................................................................4 1.2 Purpose......................................................................4 1.3 Supporting Studies and Materials................................4 EXISTING SITE CONDITIONS AND CONTEXT........... 5 2.1 Location and Description .............................................. 5 2.2 Existing Conditions....................................................... 5 2.3 Existing Vegetation and Topography .............................. 5 NEIGHBOURHOOD CONTEXT AND CHARACTER ANALYSIS................................................................. 6 3.1 Surrounding Context .................................................... 6 3.2 Immediate Context......................................................9 3.3 Neighbourhood Character Analysis ............................. 11 DESIGN POLICY AND GUIDELINE REFERENCES ... 13 4.1 Official Plan................................................................13 4.2 General Urban Design Policies....................................13 4.3 Urban Design Manual ................................................. 15 PROPOSED DEVELOPMENT ................................... 16 5.1 Building Positioning....................................................18 5.2 Building Scale and Massing........................................18 5.3 Access and Circulation ............................................... 21 5.4 Parking...................................................................... 21 5.5 Service and Loading Areas ......................................... 21 5.6 Building Articulation...................................................23 5.7 Streetscape and Landscape Design ............................ 26 5.8 Microclimate Analysis................................................26 RESPONSE TO POLICY AND GUIDELINE FRAMEWORK......................................................... 28 6.1 Response to Official Plan Policy..................................28 6.2 Response to Urban Design Manual Guidelines ............29 SUMMARY............................................................. 33 APPENDIX A ........................................................... 34 Page 33 of 127 BACKGROUND AND PURPOSE 1.1 Proposal GSP Group Inc. has been retained by 2467491 Ontario Inc. (the "Applicant") for property at 142 and 146 Fergus Avenue (the "Site") in Kitchener. The Site is proposed to develop a seven -storey multiple dwelling containing 78 dwelling units with 89 parking spaces and 8 surface parking spaces. 1.2 Purpose Official Plan Amendment ("OPA") and Zoning By-law Amendment ("ZBA") applications are required in order to facilitate the proposed development on the Site. An Urban Design Brief was identified as a requirement of these applications as per the record of pre -submission consultation dated August 27, 2020. The Kitchener Official Plan definesan Urban Design Brief asan "urban design documentthat may be required of an owner/applicant to demonstrate how a development application implements the City's Urban Design Manual", which "does not require Council approval". Based on the matters for consideration and evaluation identified in the pre -submission consultation record, this Urban Design Brief contains: • A description of the existing physical conditions on the Site (Section 2); • A description and characterization of the Site's surrounding area and neighbourhood context (Section 3); • A description of the design components of the Proposed Development (Section 4); • An assessment of the proposed design concept in respect to relevant design policies and guidelines (Section 5); and • A summary of the report findings (Section 6). 1.3 Supporting Studies and Materials This Urban Design Report has considered the following plans and reports prepared in support of the subject applications: • Site Plan prepared by ABA Architects; • Floor Plans prepared by ABA Architects; • Preliminary Elevations and cross-section prepared by ABA Architects; and • Shadow Impact Analysis drawings prepared by ABA Architects. URBAN DESIGN BRIEF 1 142 &146 FERE@99�,JfE127 EXISTING SITE CONDITIONS AND CONTEXT 2.1 Location and Description The Site is located on the north side of Fergus Avenue, municipally addressed as 142 and 146 Fergus Avenue, Kitchener. The Site is approximately 0.39 hectares (0.96 acres) in area and rectangular in shape. The Site has a frontage of approximately 38.7 metres along Fergus Avenue and is approximately 98.3 metres to 105.5 metres deep. 2.2 Existing Conditions There are two two-storey single detached dwellings with driveways, one leading to an attached garage and other to a detached carport along the side yard. The two detached dwellings have narrow and deep rear yards that back onto a large landscaped area (Woodland Cemetery). The existing buildings are proposed to be removed to facilitate the proposed development. 2.3 Existing Vegetation and Topography The Site is generally flat with large mature trees along rear property lines and a few along the side property lines of the two existing properties. Most of the existing trees within the Site will have to be removed for construction. Off-site trees will be retained and will not be impacted. e Study Area I' o URBAN DESIGN BRIEF 1 142 &146 FERE@99�,JfE127 NEIGHBOURHOOD CONTEXT AND CHARACTER ANALYSIS 3.1 Surrounding Context The Site is located within the Stanley Park neighbourhood which is composed of a variety of land uses such as commercial/retail buildings, recreational facilities, schools, and low to mid -rise residential buildings. The neighbourhood is well served by green spaces including Idlewood Park, Woodland Cemetery, Oaten Park and Kinzie Park as well as retirement communities such as Revera Briarfield Gardens (featuring one -storey townhouses and a four -storey apartment building) near the intersection of Weber Street and Fergus Avenue, and Fergus Place Retirement Community (featuring one - storey building) abutting northeast of the Site. The Site is near an existing GRT transit route (8) connecting to ION Light Rail Transit. The Site is located near Weber Street and Fergus Avenue Community Node, which is currently undergoing residential intensification, planned for medium to high density uses. A high density redevelopment is occurring 400 metres to the southwest of the Site at 1333 Weber Street E (Elevate Condos) and features 15 -storey mixed- use residential dwellings.A medium density development has recently been built 200 metres west of the site at 110 Fergus Avenue (The Hush Towns), which features two-storey townhouses and a four -storey apartment building. While broadening the density of residential uses, these new developments are well supported by existing infrastructures and public services, and active transportation options. L�� The Hush Towns (110 Fergus Avenue) Elevate Condos (1333 Weber Street E), under construction (Rendered Image) URBAN DESIGN BRIEF 1 142 &146 FERE@99�,JfE127 Y i � F, 4-0 Surrounding context to the Site M', 0 F12& P 4L Low -Rise Res Medium -Rise Buildings Mixed Use Commercial Institutional Open Space NHS Parks Community Facility 0 GIRT Bus Stop GIRT Bus Routes Trail URBAN DESIGN BRIEF 1142 &146 FERE@qqA7Nqj)i[E1 27 Existing Mid -Rise Context Building New Local Development: The Hush Towns Street View SrAh- of Siirrniindina NPiahhniirhnnri kx_ ,O Ek VW .G* 164 Fergus Ave: Fergus Place Retirement Community URBAN DESIGN BRIEF 1 142 &146 FERE@99�,\qMfE127 3.2 Immediate Context NORTH: The Site backs onto a large landscaped area, Woodland Cemetery, approximately measuring 20 hectares (50 acres) in area. There is a row of trees spaced closely together along the rear property line. :_%� 9 The abutting property to the east (164 Fergus Avenue) is a one - storey retirement building, Fergus Place Retirement Community with a lobby and common amenity area at the centre and rooms located on the east and west sides of the property, majority being on the east side. The internal driveway leads to the loading and garbage areas and the surface parking lots abuts the western property line. The building abutting the western property line has multiple large windows facing the rear yard of the Site with a small strip of hedges that is planted along the shared property line. Further east, is a four -storey residential building (174 Fergus Avenue) with main building facades facing the internal driveways and parking spaces. The front facade of the building is a blank facade with no openings. The front yard conditions include grassed lawn with some shrubbery along the base of the building. URBAN DESIGN BRIEF 1 142 &146 FERE@99�,JfE127 SOUTH: The Site is situated at a T -intersection with a view of Falesy Avenue which is comprised of two-lane road, sidewalks on both sides of the street and two-storey detached corner houses with grass lawns and hedges that wrap around the corner. WEST: The abutting propertytothewest isa multiple residential development, The Hush Towns (110 Fergus Avenue) mainly comprising a four - storey condominium and two-storey townhouses that wraps around the perimeter of the property. There are two blocks of two-storey townhouses (one backing and other flanking) along the western property line of the Site. URBAN DESIGN BRIEF 1 142 &146 FERE@99�,JfE127 3.3 Neighbourhood Character Analysis The Site is located at the eastern edge of the Stanley Park Community and is surrounded by a variety of housing types and established uses ranging from low to medium densities. The surrounding neighbourhood to the south of Fergus Avenue is characterized by a generally homogeneous built form of well -spaced, modest one to two- storey houses, with many having shallow pitched roofs, a consistent front and side yard setbacks, and a mixture of attached garages, carports, or driveway parking. The detached buildings have varied front entrances but generally reinforce the established street rhythm (small front landing with three-four steps or internalized stairs with coverfront porch), with planting alongthe baseofthe front fagadeand, appropriately sized windows facing the streets. Front yards include grassy front lawns and shrubbery with trees. The common building materials generally used are brick and siding with stone accents along the base of the buildings with a mix of colours adding to variety and visual interest, though they generally draw from a similar palette of grey, beige, and brown tones with white accents (window frames, front porch railings). The architectural style and colour palette of the houses are relatively consistent along each street. Notwithstanding this prevailing pattern in the local area, the buildings on the north side of Fergus Avenue have different lot size, configuration, and characteristics. These lots have generous front yards, and considerably deeper rear yards directly abutting a large open area, Woodland Cemetery. Large mature trees and hedges exist as a natural buffer alongthe perimeter of the open area. There is a mix of building typologies featuring one storey senior retirement housing, one to two storey detached dwellings, two storey townhouse dwelling (along Fergus and Thaler Avenue), four -storey residential buildings (174 Fergus Avenue), and a multiple residential development (The Hush Towns). The detached dwellings have low profile front entrances setback to create a small porch. Some front entrances are also located to the side of the house and parking is provided as either small, attached garages, detached garages located at the rear or driveway parking. The newly developed multiple residential development at 110 Fergus Avenue (The Hush Towns) has a modern contemporary feel and look. The townhouses have recessed front entrances, oriented to the private street lines with integrated garages. Stucco and siding are the prevailing materials with a colour palette of white and grey with dark accents for trims, windows, railing sand light fixtures. Streets within the neighbourhood have narrow right-of-ways with sidewalks and grassed and/ortreed boulevard provided on both sides. _ i............. .... .. - - ;.--•--•-- --•--•--•--------------- . -_ . ..... An ;.._. �....�._. 3111 •M0 -qL.&.AL1 URBAN DESIGN BRIEF 1 142 &146 FERE@99��NpJfEl 27 Low pitched - _ _ relativelyconsistent street rhythm - ---- � roof �_r---------- -� - Sideyard parking i Open covered front Atte porch with three-four, ". gar steps Covered front porch with internalized stairs Consistent front yard Detached Dwellings along the south side of Fergus Avenue Ground floor fencing for privacy Appropriately sized windows oriented Recessed front l entrancewith integrated garage Multiple Residential Development (The Hush Towns) s �# -------------------- i i i i i i Uncovered front i landing with Grassy front three-four steps lawns with som- shrubs i monolithic fagade and no building articulation _ 1 - ssyfrontlawns with some shrubs and no trees y Mid -rise residential building flanking Fergus Avenue URBAN DESIGN BRIEF 1142 &146 FERE@qq�,JfE127 DESIGN POLICY AND GUIDELINE REFERENCES This section contains a summary of the design policies and guidelines relevant to the Site and proposed development. 4.1 Official Plan Designation Design Policies The Site is located within the "Community Area" on Map 2 (Urban Structure) of the City of Kitchener Official Plan (the "OP")and is designated "Low Rise Residential" on Map 3 (Land Use). Section 3.C.2.50 of the OP states that the planned function of Community Areas is to provide for residential uses as well as non-residential supporting uses intended to serve the immediate residential areas. The proposed Official Plan Amendment seeks to change the land use designation from "Low Rise Residential" to "Medium Rise Residential". This would facilitate the development of a medium rise density project that includes multiple dwelling up to 8 storeys or 25 metres in height. The Site is currently zoned Residential Four Zone (R-4) in Zoning By- law 85-1 which permits single detached dwellings, semi-detached dwellings and low rise residential multiple dwellings. The proposed Zoning By-law Amendment is proposed to be zoned RES -6 in Zoning By-law 2019-051. 4.2 General Urban Design Policies Section 11 of the Official Plan contains general urban design policies that are used to evaluate movement patterns, the relationship between built form and open spaces, integration of natural and cultural resources and development impacts. They include: • General urban design policies that speak to the city's skyline, CPTED principles, fire prevention, barrier -free accessibility, and shade. • Site Design policies speak to the building's street relationship landscaping to improve the streetscape; developments to improve aesthetic quality and be safe, comfortable, functional and provide circulation for all transportation modes; and Site servicing and utilities to be screened from view from the public realm. • Building Design, Massing and Scale design policies speak to human -scale proportions to support a comfortable and attractive public realm, including attractive building forms, facades, and roof designs; complementary design of new buildings; and architectural innovation and expression. Section 17.E. 10.5 identifies that urban design briefs/reports together with other design -related are meant to be used to: a) demonstrate that a proposed development or redevelopment is compatible; b) address the relationship to and the privacy of adjacent residential development; and, c) ensure compatibility with the existing built form and the physical character of the established area and/or neighbourhood. URBAN DESIGN BRIEF 1 142 &146 FERE@99�,VpQfEl 27 Urban Structure (Map 2) in City of Kitchener Official Plan Intensification Areas Urban Growth Centre (Downtown) Major Transit Station Area f City Node Community Node Neighbourhood Node Urban Corridor Arterial Corridor Other Areas Community Areas Industrial Employment Areas Green Areas Transit Existing Transit Corridor Planned Transit Corridor Light Rail Transit Corridor Adapted Bus Rapid Transit Corridor O Rapid Transit Station Land Use Plan (Map 3) in City of Kitchener Official Plan Low Rise Residential Medium Rise Residential High Rise Residential Mixed Use Commercial Campus Commercial _ Heavy Industrial Employment _ General Industrial Employment Business Park Employment _ Institutional _ Prime Agriculture _ Rural _ Natural Heritage Conservation Open Space Major Infrastructure and Utilities URBAN DESIGN BRIEF 1 142 &146 FERE@99�,JfE127 4.3 Urban Design Manual PART A — Design Guidelines Part A contains design guidelines on various land uses, built types, geographic areas, and urban structure elements. The following topics of design guidelines are relevant to the Site and the proposed building. a) City -Wide The City -Wide design guidelines apply to Kitchener as a whole. The main objective of these guidelines is to ensure Kitchener is designed as an inclusive, safe, accessible, comfortable, and appealing place to live, work and play. Guidelines are divided into Community Design and Site Design. The Community Design guidelines are primarily used by the City in designing the form and structure of communities through the application of design best practices in a range of topics. The Site Design guidelines address built form, open space and Site functionality. b) Mild -Mise Buildings The Mid -Rise Buildings guidelines guide the design of mid -rise buildings in the city, which are defined as those between 4 and 8 storeys in height. These guidelines are meant to be read in conjunction with the policies of the Official Plan and guidelines of the Urban Design Manual and are meant to be applied on a case-by-case basis. Structured Parking The Structured Parking guidelines guide the design of above -ground parking structures, whether integrated parking garages are part of a building or stand-alone parking garages. PART C — Design Standards Part C contains design standards with specifications on technical details. Several standards are applicable to the proposed development, including those for access to roads, surface parking, outdoor lighting, barrier -free accessibility, pedestrian and transit supportive development, screeningof rooftop mechanical equipment, emergency services, multiple residential, landscaping and natural features, and landscape design. These technical aspects of the detailed design will be evaluated at a later stage of the review process through Site Plan Approval. URBAN DESIGN BRIEF 1 142 &146 FERE@99�,JfE127 PROPOSED DEVELOPMENT The proposed development is a seven -storey multiple dwelling containing 78 dwelling units with a common indoor amenity area (54.7 square metres) and outdoor amenity area (359.6 square metres) atop the two-storey podium, and a total of 89 parking spaces. The proposed parking spaces consist of 38 parking spaces on one level of underground parking, 51 parking spaces on two levels of podium parking and 8 surface parking spaces. Barrier -free parking stalls are located in close proximity to building entrances. URBAN DESIGN BRIEF 1142 &146 FERE@99�,JfE127 'IN, f GI I x1 26QQ ti f f ! 00 150 3400 150 5000 ,J", I15000 1 t 1 EXTENT CF PI BELOW LOADING _GONG. SIDEWALK F-.2 - -- - -- - -- -�. z 36653 a rt EXTENT QF L3-2 L = — - m BALC. ABOVEE l > " Z f I0 3050 ' i E . J l o I PARKLAND Z Z ©.065HA L w MIN 4.5m INTERIOR SIDE YARD SETBACK J — — _ _ — _ — — — — I _ — _ — " I Site Plan, prepared by ABA Architects URBAN DESIGN BRIEF 1 142 &146 FEREggg�,offNgfE127 COLUMNS TYP- �pp �:_-7 MIN -4.5m INTERIOR SI DE YARD SETBACK — L ——I ggENT OF L6-7 � O.OPEN .. V Z 'TO - ABOVE, y 4 _ _ PROPOSED j 7 STOREY; 78 UNIT z' APARTMENT BUILDING 6731 To p' CFA'. B.9d5.9v,- I9,,1,D.A,q T 'IN, f GI I x1 26QQ ti f f ! 00 150 3400 150 5000 ,J", I15000 1 t 1 EXTENT CF PI BELOW LOADING _GONG. SIDEWALK F-.2 - -- - -- - -- -�. z 36653 a rt EXTENT QF L3-2 L = — - m BALC. ABOVEE l > " Z f I0 3050 ' i E . J l o I PARKLAND Z Z ©.065HA L w MIN 4.5m INTERIOR SIDE YARD SETBACK J — — _ _ — _ — — — — I _ — _ — " I Site Plan, prepared by ABA Architects URBAN DESIGN BRIEF 1 142 &146 FEREggg�,offNgfE127 —I® 0 Id b -- � 'IN, f GI I x1 26QQ ti f f ! 00 150 3400 150 5000 ,J", I15000 1 t 1 EXTENT CF PI BELOW LOADING _GONG. SIDEWALK F-.2 - -- - -- - -- -�. z 36653 a rt EXTENT QF L3-2 L = — - m BALC. ABOVEE l > " Z f I0 3050 ' i E . J l o I PARKLAND Z Z ©.065HA L w MIN 4.5m INTERIOR SIDE YARD SETBACK J — — _ _ — _ — — — — I _ — _ — " I Site Plan, prepared by ABA Architects URBAN DESIGN BRIEF 1 142 &146 FEREggg�,offNgfE127 5.1 Building Positioning The proposed building is setback 38.7 metres from the southern property line (Fergus Avenue) to accommodate parkland (648.7 square metres in area) on the southwest portion of the Site, contiguous with the existing parkland on the adjacent site (110 Fergus Avenue). The building is setback between 2.5 metres from the east property line shared with 164 Fergus Avenue including a stairwell to level two, located near the rear of the Site and is setback 0.7 metres. The building is setback 3 metres from the western property line shared with 110 Fergus Avenue. The rear side of the building is setback between 5.5 metres and 6.7 metres from the property line, shared with Woodland Cemetery. 5.2 Building Scale and Massing The proposed building is seven -storey with an overall height of 25 metres to the top of seventh floor roofline (plus 3.9 metres to mechanical penthouse). The ground floor of the building is 4.5 metres in height with a covered entranceway for the residential lobby. The building footprint is approximately 1,642 square metres, measuring 35 metres wide and 55.9 metres long. The proposed development is comprised of a well-defined base (podium), middle and top section (rooftop mechanical). The podium base is comprised of two levels (8.1 metres in height) with an outdoor rooftop terrace (359.6 square metres) provided atop the two-storey podium. The upper storeys (middle) comprise the third through seventh floors. The podium and upper storeys are articulated by stepbacks at the third, sixth and seventh storeys on the eastern building's edge. The upper storeys have an L-shaped building footprint and are positioned away to the east, measuring 16.1 metres setback from the building's edge to the western property line with the longest edge parallel to the eastern property line and shorter edge parallel to the western property line. The building steps back 4.5 metres on the third floor and an additional 6 metres on the sixth and seventh floors from the eastern property line. The top is defined with a mechanical penthouse defining the roofline, stepped back again from the edges of the building. I I I° I p L 115600 Ll El I LEVEL7RE5. I I 16186 / 1500 ¢I F1 al _00 LEVEL 5 R=$_ I >I FJ//❑11 OC I I LEVEL4RE5. � z z LEVEL 3PJV,EN11n EI F c I / TERRACE LEVe"L3R%S. .I LEVEL 2 PAKRING LEVEL I P1 PAKRING URBAN DESIGN BRIEF 1142 &146 FERE@99�,JfE127 MATERIAL LEGEND -' OMATERIAL: BRICK VENEER COLOUR: TBD MATERIAL: METAL SIDING 0 COLOUR: TBD OMETAL WALL PANEL COLOUR: TBD ' OGLAZED BALCONY RAILING GLAZING: CLEAR / WINDOW WALLGLAZING V TYPE: VISIONICHARCOAL SPANDREL CONCRETE OPRECAST COLOUR: TBD Elevations, yl C; YCII UU Uy rT LJr% r%1 U I II LUU LA South Elevation MECH�355.35 ROOF PLOW 0 352.4p LEVEL 7Q� 349.35 LEVEL 6 316.30. LEVEL 50, 342.70 LEVEL 4QII, 339.65 -_ LENEL I 336.60 LEVEL 2 333.00 TIO CONCRETE LEVEL. 1.`■ 326.50 East Elevation 35635 ROOF PLAN o 352.40 V LEVEL 7 349.35 U1 IR60 34630 LEVEL Sr_ 342.70 LEVEL 4�5 339.65 LEVEL 3h 336.60 LEVEL 2�, 333.00 TIO CONCRETE LEVEL I 32850 URBAN DESIGN BRIEF 1 142 &146 FERE@99, jfEl 27 5.3 Access and Circulation Vehicular access to the Site has been consolidated to one entry/ exit point, which is located on the right side of the proposed building from Fergus Avenue, connecting to an internal driveway with surface parking spaces, and to the ramp for the below and above -grade parking spaces. A pedestrian walkway is proposed to provide access from the public sidewalk to the residential lobby. A loading space for residential moving trucks and garbage collection is provided near the front of the building where move-in/garbage rooms are located. Planting strips and landscaped edges will frame the surface parking areas and driveways to minimize the aesthetic impact of the surface parking. 5.4 Parking The proposed development consists a total of 89 parking spaces on one level of underground parking spaces and two levels of podium parking spaces, and 8 surface parking spaces are provided along the internal driveway. Barrier -free spaces are provided within the parking structure and near the entrance. There is a secure bicycle storage room on the ground floor, accomodating 51 bicycle parking spaces. 5.5 Service and Loading Areas Loading area for the Site is from Fergus Avenue, aligned with surface parking. Internal garbage and service rooms are located on the ground floor and second floor of the proposed building, located within the parking garage. Loading and service areas are located and oriented away from the general circulation of pedestrian and vehicles, accessible but not visible from the public realm. Emergency service vehicles are accommodated through the surface parking area. L7�� -------- Underground Floor Plan (P1 Parking) t------------------- 3 ------------- - f . . . . . .. .... II t I , ,NSYfiROOM I �— — —— — — — — -------------------� ■ Ground Floor Plan (Level 1) -- --- -- -- ------------------ r „•` Da+.DFN B£D+PEM BED+DEN i BED 1 BED ao� I !r - --- - - - - - - -I � � I 1 II. I 1=fi T_ L 64 ----------------i - Level 2 Surface Parking Vehicular Circulation Below and Above -grade Parking - - -> Pedestrian Circulation URBAN DESIGN BRIEF 1 142 &146 FERE@99�,JfE127 MATERIAL LEGEND -' BRICK VENEER OMATERIAL: COLOUR: TBD MATERIAL: METAL SIDING 0 COLOUR: TBD "No OMETAL WALL PANEL COLOUR: TBD ' OGLAZED BALCONY RAILING GLAZING: CLEAR / WINDOW WALLGLAZING V TYPE: VISION)CHARCOAL SPANDREL CONCRETE 349.35 OPRECAST COLOUR: TBD mom on"Now North Elevation 2 MECH� R00 North Elevation ■■�■ ■■r■■� ` ` ■■MEMO ` ■■■■■■ NJ MENNEN ME i■i■EN i■i■■i = i■i■■■■■i■i■ I �y _ w■r Elevations, prepared by ABA Architects West Elevation T/O CONCRETE LEVEL 1 328.50 MECH 356.35 ROOF PLAN 352.40 LEVEL 7Z- 349.35 LEVEL 6116 346.30 LEVEL 5�_ 342.70 - LEVEL 4 339.65 LEVEL3�A 336.60 LEV EL 2 333.00 TIO CONCRETE LEVEL I,;I,, 328.50 URBAN DESIGN BRIEF 1 142 &146 FERE@99��NQ1fEl 27 2 MECH� R00 "No LEVEL 7� 349.35 LEVEL 6r� 346.30 V LEVEL 54111, 342.70 LEVEL 4 339.65 LEVEL 3,,i� 336.60 ■■�■ ■■r■■� ` ` ■■MEMO ` ■■■■■■ NJ MENNEN ME i■i■EN i■i■■i = i■i■■■■■i■i■ I �y _ w■r Elevations, prepared by ABA Architects West Elevation T/O CONCRETE LEVEL 1 328.50 MECH 356.35 ROOF PLAN 352.40 LEVEL 7Z- 349.35 LEVEL 6116 346.30 LEVEL 5�_ 342.70 - LEVEL 4 339.65 LEVEL3�A 336.60 LEV EL 2 333.00 TIO CONCRETE LEVEL I,;I,, 328.50 URBAN DESIGN BRIEF 1 142 &146 FERE@99��NQ1fEl 27 Level 3 - Rooftop Terrace Plan I -L R�eEm t Bei ],BEC k 51 I 1 SED 1 itD ff11• LI 6M e+sto Level 6 - 7 '�oeN ieeeo � e z eEo e tl n Floor Plans, prepared by ABA Architects Level 4 - 5 URBAN DESIGN BRIEF 1 142 &146 FEREggg�,jfE127 1 2 BED I BED, DEN 1 e® 1 eFD I BED 1 BED 1 AEn i t EEb 1 1 BED 1 SBD ANaENIfY I BEV ' . � ePs fl sao i„ s0P f saP 1N 2- Eo -!I °'' 10Eb as �.-----.------.—.------ 1 1 y � � N.1ENIiY FER1E4Cf L_ IAEA 1,11D _ _ _ _ _ _ _ _ _ ., .. _ _. _ _ _ _ _ _ _ _ _ — Level 3 - Rooftop Terrace Plan I -L R�eEm t Bei ],BEC k 51 I 1 SED 1 itD ff11• LI 6M e+sto Level 6 - 7 '�oeN ieeeo � e z eEo e tl n Floor Plans, prepared by ABA Architects Level 4 - 5 URBAN DESIGN BRIEF 1 142 &146 FEREggg�,jfE127 5.6 Building Articulation The preliminary architectural design proposes a contemporary aesthetic regarding the selection and application of materials. Clear glass is pronounced mid -building for the street -facing elevation with a continuous glass feature from the base to the top of the building. Paired balconies are spaced at regular intervals along the north, east and west elevations. Subtle architectural projections surround some balcony bays contributing to vertical articulation of the building, adding visual interest, and breaking down the apparent scale of the longer building elevation. Repetition of windows and openings are proposed horizontally and vertically to create articulation while setbacks and variations in height are used to divide the building mass. The entrance to the residential lobby is clearly distinguished through architectural details such as transparent glazing and double doors. Overhead weather protection for pedestrians is provided at point of entry to the residential lobby. External stairwell is proposed in the northeast corner of the building to provide emergency entry/exit point for the second floor. Privacy screens will be provided for the balconies of the residential units on the third floor facing the outdoor amenity area atop the two- storey podium. The following pages illustrate the design inspiration that will guide the detailed design at the Site Plan Approval stage. The architectural style is intended as a clean, contemporary look for the building. The images show a masonry -based or metal panel emphasis with aluminum framed window system and guardrails. The proposed building will include stepping back of levels with change in materials, bold fenestration and/or balcony features. A high degree of transparency is accommodated along all building elevations, with a particular emphasis on the stairwell located mid -building for the street -facing elevation. URBAN DESIGN BRIEF 1 142 &146 FERE@99�,JfE127 $IMPLE BRICK DESIGN WITH BOLD F---- FEN E57RATICNIBALCONY FEATURES STEPPING BACK OF BUILDING r--- LEVELS T ppq I , L------J---------------------- SIMPLE BUILDING ENVELOPE WITH FRAMINGIACCENT FEATURES URBAN DESIGN BRIEF 1 142 &146 FERE@99ijfE127 %RM 01 P. M MIFA 7i I', �I �i 5.7 Streetscape and Landscape Design A detailed landscape design plan has not been prepared at the time of the OPA/ZBA submission. The future landscape design will emphasize the rooftop terrace common amenity area, paved walkways, and perimeter screening planting. The proposed Site layout provides opportunities for: • A communal rooftop terrace is provided on the third floor of the proposed building. Although preliminary designs have not been completed yet for this outdoor terrace, the design intent is principally a hard surface treatment for durability and ease of maintenance. Soft landscape treatments may be added through raised massed planted beds and moveable seating. • Soft landscape treatment of the landscape buffer surrounding the Site will be proposed. • Tree plantings may be provided where space permits. • The pedestrian walkway from the Fergus Avenue sidewalk to the building entrance will be barrier -free accessible and paved in a non -strip treatment. • Moveable seating and other furnishings may be considered near the residential lobby entrance. 5.8 Microclimate Analysis Shadow Impact Shadow Analysis is a complete application submission requirement perthe Record of Pre -Submission Consultation. The Mid -Rise Building guidelines identify that a shadow analysis should demonstrate how the proposed building maintains "daily access to at least 5 hours of cumulative direct sunlight under equinox conditions" on nearby public spaces, open spaces and sidewalks, as well as for adjacent low-rise properties. To demonstrate this, shadow impact graphics are provided in Appendix A for March 21, June 21, September 21 and December 21 from loam to 4pm at 2 -hour intervals. The below analysis of equinox conditions (and solstice conditions for reference) demonstrate the impacts are acceptable and provide sufficient sun exposure per the Mid -Rise Guidelines guidance. Mitigation measures of step backs and location of the Proposed Development on the Site have been implemented to reduce impact s to abutting properties. In summary: • The proposed building maintains more than five hours of sunlight on adjacent low-rise properties to the west of the Site. • The proposed paarkland generally receives full sun from sunrise to 2 pm (6+ hours) under equinox conditions.. • Rooftop terraces: The proposed rooftop terrace receives a combination of full and partial sun from loam to 4pm in the summer and fall. • The proposed building maintains more than 5 hours of sunlight on the Woodland Cemetery open space during equinox conditions. • The sidewalks along Fergus Avenue are not impacted by shadows from the proposed building. • The proposed building maintains 3 hours of sunlight on the adjacent low rise property to the east and 2 hours of partial shade on the side yard (5 hours without shadow impacts to the building) during equinox conditions. URBAN DESIGN BRIEF 1 142 &146 FERE@99�,JfE127 Table 1: Shadow Impact Analysis Summary Building Woodland Cemetery Fergus Place Retirement Parkland and Fergus The Hush Towns - Impacts On (north) Community -164 Fergus Avenue Avenue Sidewalk 110 Fergus Avenue (east) (south) (west) Partially shaded No impacts from sunrise to between loam and loam (3 hours). Side yard March 21 2pm , no shadow from partially shaded from 10 am No impacts (6+ hours) No impacts (6+ hours) 2 pm to sundown (5+ to 12pm (2 hours); building hours) partially shaded from 2pm onward No impacts between No impacts between loam and No impacts from loam to No impacts between loam June 21 2 pm and sundown (7 2pm; partially shaded at 4pm 2pm; Partially shaded at and 4pm (4+ hours) hours) (likely 4 hours) 4pm (mostly the surface parking) Partially shaded No impacts from sunrise to between loam and loam (3 hours). Side yard September 21 2pm , no shadow from partially shaded from 10 am No impacts (6+ hours) No impacts (6+ hours) 2 pm to sundown (5+ to 12pm (2 hours); building hours) partially shaded from 2pm onward Partially shaded No impacts between loam and December 21 between loam and 2pm (2 hours); partially shaded No impacts (6+ hours) No impacts (6+ hours) sundown from 2pm onwards URBAN DESIGN BRIEF 1 142 &146 FERE@qq�WNgfEl 27 RESPONSE TO POLICY AND GUIDELINE FRAMEWORK This section contains a summary of the design policies and guidelines relevant to the Site and proposed development and assessment of the general themes of those documents. 6.1 Response to Official Plan Policy The proposed design responds to the design direction of the Medium rise designation in that the proposed mid -rise building: a) Provides opportunity for residential intensification and the provision of a housing alternative in the neighbourhood. b) Fits within the existing and emerging context, scaled to respect the proportions of Fergus Avenue and demonstrating no adverse shadow impacts. c) Enhances the existing character of the streetscapes along Fergus Avenue. d) Sets back 39.8 metres from Fergus Avenue to allow for sufficient area for the parkland and tree planting along the street edge. e) Provides appropriate transition from the one and two-storey built forms to the east and west through setbacks and variation in heights. f) Includes highly articulated building elevations with regularly spaced openings. The proposed development is designed in keeping with the General Urban Design policies in Section 11 of the Official Plan as it: • Provides for "eyes on the street" and implements other CPTED measures; • Provides access for emergency service vehicles. • Is barrier -free accessible. • Is transit supportive. • Contributes to the variety of housing typologies in the local area. • Includes amenity spaces suitable for all age groups. • Supports walkability through siting, human scaled built form and animation with windows along all building facades. • Provides access for vehicles, pedestrians, and cyclists. • Provides secure parking for both vehicles and bicycles. • Provides high quality building materials and architectural detailing on all elevations that complement surrounding buildings in the neighbourhood. • Internalized garbage and recycling storage areas and away from the public realm. The proposed mid -rise building is designed in keeping with the design policy direction of Official Plan Section 11, as further explored in detail as part of the Urban Design Manual analysis in the following section. This Urban Design Brief, per Official Plan Section 17.E.10.5, demonstrates that the proposed development is compatible development with the surrounding area, as outlined below. URBAN DESIGN BRIEF 1 142 &146 FERE@99�,JfE127 6.2 Response to Urban Design Manual Guidelines Inclusive Design CITY-WIDE MID -RISE BUILDINGS STRUCTURE PARKING GREEN AREAS • A direct connections between the building interior and the abutting public sidewalks on Fergus Avenue is provided. • The proposed building will define pedestrian -scale lighting at detailed design stage and will ensure even illumination of exterior areas. • The proposed building has highly transparent building elevation at the ground floor and above for natural surveillance and provides uninterrupted sight lines from the building faces to public sidewalks along Fergus Avenue. • Thevisitor parking and barrier -free parking are clearly demarcated in locations near the building entrance. • There is a mix of different sizes of one -bedroom and two-bedroom units to provide flexibility of housing choice. • Individual balconies are provided for all units. • Common outdoor rooftop terrace atop two-storey podium are designed to be suitable for all age groups. • Proposed park is located infront of the building to maximize natural surveillance and to serve as a community open space accessible to all ages and users. Design for Sustainability CITY-WIDE MID -RISE BUILLANGS STRUCTURE PARKING GREEN AREAS • Site is transit supportive and walkable and provides cycling infrastructure. • Site is connected to employment, residential and institutional locations in the immediately surrounding area and throughout Kitchener. • There are multiple active transportation connections in the vicinity with sidewalks and bicycle facilities. • There is a safe and secure indoor bicycle storage room and supports active transportation opportunities. • There is minimal surface parking spaces with most parking in an underground parking garage, reducing associated heat island effects. • The proposed building will provide high efficienct lighting and building components. • The proposed building have on-site facilities for handling, storing and separating recyclable and solid waste, and an area inside building will have facilities for the collection of organic materials. Design of Outdoor Comfort CITY-WIDE MID -RISE BU/LUI/Vb,) STRUCTURE PARKING • The Shadow Analysis demonstrates acceptable sun exposure conditions for affected sidewalks, public spaces, and adjacent low-rise properties. • The proposed building design addresses pedestrian weather protection through covered entranceway and landing spaces. • The pedestrian pathway will be finished with a non -slip surface treatment and will be maintained to accommodate pedestrians during all weather conditions. • Landscape plans at the time of detailed design will address planting opportunities for shading and wind screening, as needed. Shared Spaces CITY-WIDE MID -RISE BUILDINGS GREEN AREAS • There is a rooftop outdoor terrace and an indoor amenity area atop URBAN DESIGN BRIEF 1142 &146 FERE@qq�,JfE127 two-storey podium and a fitness room at -grade for the residents. • Balconies proposed for all units on the west side of the building, provide natural surveillance of the shared outdoor amenity area in this location. Street Design CITY-WIDE GREEN AREAS • Detailed landscaped design will explore opportunities for blending surface treatments between private property and parkland area. • The front yard of the proposed development include soft landscaping elements that complement the streetscapes; • Where driveways for the proposed development intersect public sidewalks, the sidewalks will be demarcated in a different surface treatment and will maintain barrier -free accessible standards. Parks and Open Spaces CITY-WIDE • The proposed parkland area provided on the front yard of the Site (measuring 648.7 square metres in area) offers significant park frontage along Fergus Avenue supports pedestrian permeability and visibility. • The proposed parkland is located adjacent to an existing park to the west of the Site and is intended to be coordinated as one larger public park. • The proposed building fronts onto the park to frame the park and provides a natural surveillance in this location. Compatibility CITY-WIDE MID -RISE BUILDINGS STRUCTURE PARKING • Human -scaled proportion is achieved by a two-storey podium with a ground floor height of 4.5 metres, highly transparent at - grade amenity area (fitness room) and residential lobby. • The proposed building sets back from Fergus Avenue to maintain similar front yards and establish a coherent relationship with the surrounding buildings. • The building's setbacks ensure adequate privacy, daylight penetration and landscapingopportunities prevail on neighbouring properties and the public realm. • The height, scale and massing of the proposed building will be articulated with balconies, high quality materials, fenestration, and architectural details that can not only co -exist, but also enhance the existing character of the streetscapes along Fergus Avenue. • There are no windows or opening on the east side of the building's ground floor plane to mitigate privacy concerns and to prevent overlook impacts on abutting property. • Landscaped front yard setback along Fergus Avenue provides opportunities for landscaping to help establish human scale and softening of the street edge. • Contemporary architectural style, detailing and materiality are to be refined through the detailed design stage and will ensure colour and texture on the facades are consistent with and complement the surrounding context. • The proposed seven storey height is an appropriate increase in height, keeping it consistent with the new developments(110 Fergus Avenue and 1333 Weber Street E) in the neighbourhod and also considering its close proximity to Weber Street and Fergus Avenue Community Node (400 metres to the southwest of the Site) • With the implementation of a pedestrian -friendly streetscapes, high quality materials, fenestration and architectural details, the proposed development represents compatible residential intensification in an existing neighbourhood that makes efficient use of existing infrastructure and community services, is transit supportive and broadens the range of housing options and densities available within the community. URBAN DESIGN BRIEF 1 142 &146 FERE@99JfE127 Site Function CITY-WIDE STRUCTURE PARKING • Residential parking is primarily located within the building's parking structure and away from the street edge. • Landscaping is provided around the perimeter of the surface parking area and will include plantings to screen the parking area from the public realm and adjacent properties. • Vehicle circulation routes through the Site and accesses to structured parking are well defined. • Bicycle parking is provided within the building's parking structure. • Barrier -free parking spaces are provided near the principle building entrance. • Increased visual connection into the building, as well as weather protection for pedestrians, are provided at points of entry to the residential lobby. • Detailed design of private on-site servicing, utilities and HVAC will be done at the detailed design stage and efforts will be made to minimize their visual impact. • Garbage and recycling storage areas are located interior to the Site and designed such that: • they do not negatively impact the streetscapes, amenity areas or building occupants; • they do not obstruct fire routes or parking; • they will be screened from view from the public realm. Built Form CITY-WIDE • The proposed building is oriented and positioned to respect the local context, including the interface with the low-rise residential neighbourhood to the east, south and west. • The proposed design employs a contemporary aesthetic for selection and application of materials. • Architectural detailing, including balconies, projections and materials are used on the north, east and west elevations which help reduce the apparent scale of the building. • The regular spacing of balconies, windows and variation of building materials and articulated architectural projections create visual interest and reinforce human scale. • The north, east and west elevations, including side elevations, have window openings and balconies; no blank facades. Building Components (Ground Floor Design) MID -RISE BUILL)MUS • The ground floor of the building is defined with a covered entranceway with a landing area, located at the corner of the building. • The proposed ground floor has a 4.5 metres floor -to -ceiling height with at -grade amenityarea (fitness room) measuring 104.6square metres in area. • The ground floor has highly transparent glazing windows along the front (south) elevation facing Fergus Avenue. • The front yard is designed with soft landscaping to contribute to the quality of the pedestrian environment along Fergus Avenue. • The length of the proposed building on the ground floor is 55.95 metres (does not exceed the recommended length of 70 metres) and maintains appropriate scale and massing with architectural detailing and stepbacks on the upper storeys. • An entranceway with projecting upper storeys provide weather protection for pedestrians. • An at -grade indoor amenity area (fitness room) for the residents is provided front of the building. • Siting of the buildings on the Site provide for screening of site functions such as loading, parking and garbage areas from the public realm. URBAN DESIGN BRIEF 1 142 &146 FERE@99��NgjfEl 27 Building Components (Building Design) MID -RISE BUILDINGS • The physical separation from the westerly property line (abutting 110 Fergus Avenue) is 3 metres and 16.18 metres on top of a two- storey podium. The upper storeys of the building that is closer to the westerly property line have comparatively fewer balconies and openings and it is facing the shorter side of the townhouse and a driveway. • Separation to northern property line abutting the cemetery is 5.5 metres and 6.7 metres. Large mature trees and hedges exist as a natural buffer along the north property line providing privacy. • Upper storeys stepbacks and variation in heights provide transition measures from the low-rise residential buildings to the east and west and mitigate potential shadow/privacy impacts to neighbouring properties. • Balconies are proposed on the north, east and west elevations of the building. Inset balconies are provided to reduce the visual scaleofthe massing of the towers from the pedestrian perspective, limit overlook, and provide inter -est to building massing. • An integrated mechanical penthouse defines the roofline and is stepped back from the edges of the building. Building Components (Materials and Details) • The material palette for the proposed mid -rise building predominantly consists of masonry with window wall systems and assorted variations in glazing. • A high degree of transparency is achieved by providing transparent windows and glazed balcony guards on the north, east and west elevations, with a particular emphasis on the ground floor plane. • Materials are used to accentuate the depth of the building elevations coinciding with projecting elements and to distinguish between the building base and the upper storeys to reduce the perception of mass. URBAN DESIGN BRIEF 1 142 &146 FERE@qqJfE127 SUMMARY The proposed development is a seven storey multiple dwelling containing 78 dwelling units with a common indoor (54.7 square metres) and outdoor amenity area (359.6 square metres) atop the two-storey podium, and a total of 89 parking spaces. The building's arrangement on the Site provides a sensitive transition from the low-rise neighbourhood and accommodates significant park frontage along Fergus Avenue. The scale of the buildings, with the appropriate yard setbacks, parkland dedication and building articulation, represent human scale proportions relative to Fergus Avenue. The preliminary building elevations include horizontal and vertical articulation and creating undulations that add visual interest and break down the apparent mass of the building. The architectural style is a contemporary architectural aesthetic of form and materials that complements the existing context. The colour and texture of exterior cladding materials may be inspired from the surrounding neighbourhood for better integration that will complement the substantial use of glass/glazing of a modern building. The proposed development will be consistent with the changing character of the immediate area and will co -exist in harmony with the surrounding buildings without creating any adverse impact while establishing its own architectural vocabulary. Based on theforgoing urban design merits, the proposed development conforms to the Urban Design policies of the Kitchener Official Plan and reflects the direction of the City's Urban Design Manual, particularly the guidelines for Midrise Buildings. It is an appropriate development for the context and reflects principles of good urban design. URBAN DESIGN BRIEF 1 142 &146 FERE@99JfE127 APPENDIX A URBAN DESIGN BRIEF 1 142 &146 FERE@99& f- 127 Spring Equinox AL- I& _06,16 - MARCH 21, 1 OAM roll" t l MARCH 21, 2PM L L L L r MARCH 21, 12PM I � a MARCH 21, 4PM I 0�' a a URBAN DESIGN BRIEF 1 142 &146 FERE@99&1QjfE127 Summer Solstice L F— F- JUNE 21, LOAM JUNE 21, 12PM JUNE 21, 2PM JUNE 21, 4PM URBAN DESIGN BRIEF 1 142 &146 FERE1 99&�§- JfE127 Fall Equinox iL 1 �i SEPTEMBER 21, LOAM SEPTEMBER 21, 12PM SEPTEMBER 21, 2PM r SEPTEMBER 21, 4PM URBAN DESIGN BRIEF 1 142 &146 FERE@9WNQjfE127 Winter Solstice DECEMBER 21,10AM DECEMBER 21, 2PM DECEMBER 21, 12PM DECEMBER 21, 4PM URBAN DESIGN BRIEF 1 142 &146 FEREI 99&�§- jfE127 NOTICE OF PUBLIC MEETING for a development in your neighbourhood 142-145 Fergus Avenue Concept Drawing "..*, Have Your Voice Heard! Date: February 13, 2023 Time: 7:00 p,m. Location; Council Chambers, Kitchener City Hall 200 King Street West of Virtual Loom Meeting To view the staff report, agenda, meeting details, start time of this item or to appear as a delegation. visit; kitchener. calmeetings To learn more about this project, including information on your appea I rights, visit: www.kitchener.cal PI an n ingAppl icatio ns or contact: Multiple 7 Storeys, Floor Space Brian Bateman, Senior Planner Dwelling 78 Dwelling Ratio of 2.3 519.741.22:00 x 7869 Units brian.bateman4kitchener.ca The City of Kitchener will consider applications for official Plan and Zoning By-law Amendments to facilitate the development of a 7 -storey multiple dwelling with 78 residential units, having a Floor Space Ratio (FSR) of 2.3. proposed reduced side and rear yard setbacks and providing 89 vehicle parking spaces and 51 bicycle spaces. Page 69 of 127 From: Mike Seiling Sent: Friday, February 11, 2022 4:33 PM To: Brian Bateman Subject: FW: Circulation for Comment - OPA/ZBA (142-146 Fergus Avenue) Attachments: Agency Letter.pdf; OPA22002FBB_MAP3.pdf; OPA22002FBB_MAP5.pdf; ZBA22002FBB_MAP1.pdf Building; no comments From: Christine Kompter<Christine.Kompter@kitchener.ca> Sent: Friday, February 11, 2022 10:39 AM To: _DL_#_DSD_Planning <DSD-PlannineDivision@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.Readman@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: Brian Bateman <Brian.Bateman@kitchener.ca> Subject: Circulation for Comment - OPA/ZBA (142-146 Fergus Avenue) Please see attached . Additional documentation is saved in AMANDA (folders 22-101142 & 101150) for internal staff reference & ShareFile for external agencies. Comments or questions should be directed to Brian Bateman, Senior Planner (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 Page 70 of 127 From: Planning <planning@wcdsb.ca> Sent: Thursday, May 12, 2022 2:11 PM To: Brian Bateman Subject: [EXTERNAL] RE: Circulation for Comment - OPA/ZBA (142-146 Fergus Avenue) Attachments: RE: Circulation for Comment - OPA/ZBA (142-146 Fergus Avenue) Good Afternoon Brian, The Waterloo Catholic District School Board has reviewed the subject application and has no further comments to add beyond those that were sent previously (please see attached). 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: Friday, February 11, 2022 10:39 AM To: _DL_#_DSD_Planning <DSD-PlannineDivision@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.Readman@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>; Planning <planning@wcdsb.ca>; WRDSB - Board Secretary (elaine burns@wrdsb.ca) <elaine burns@wrdsb.ca>; WRDSB - Planning <planning@wrdsb.ca> Cc: Brian Bateman <Brian.Bateman@kitchener.ca> Subject: Circulation for Comment - OPA/ZBA (142-146 Fergus Avenue) Caution - External Email - This Message comes from an external organization. Do NOT click on ,unrecognized links or provide your username and/or password. Page 71 of 127 Please see attached . Additional documentation is saved in AMANDA (folders 22-101142 & 101150) for internal staff reference & ShareFile for external agencies. Comments or questions should be directed to Brian Bateman, Senior Planner (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 000000000 Disclaimer - This email and any files transmitted with it are confidential and contain privileged or copyright information. You must not present this message to another party without gaining permission from the sender. If you are not the intended recipient you must not copy, distribute or use this email or the information contained in it for any purpose other than to notify us. If you have received this message in error, please notify the sender immediately, and delete this email from your system. We do not guarantee that this material is free from viruses or any other defects although due care has been taken to minimize the risk. Any views expressed in this message are those of the individual sender, except where the sender specifically states them to be the views of the Waterloo Catholic District School Board. Page 72 of 127 From: Trevor Jacobs Sent: Thursday, February 17, 2022 4:10 PM To: Brian Bateman Subject: RE: Circulation for Comment - OPA/ZBA (142-146 Fergus Avenue) Hi Brian, Engineering has no concerns. Please let the applicant know Fergus Ave is being reconstructed this year. Regards, Trevor From: Linda Cooper <Linda.Cooper@kitchener.ca> Sent: Friday, February 11, 2022 11:25 AM To: Trevor Jacobs <Trevor.Jacobs@kitchener.ca> Subject: FW: Circulation for Comment - OPA/ZBA (142-146 Fergus Avenue) Hi, For your review and comments. Thanks, Linda Linda Cooper, L.E.T, C.E.T Manager I Development Engineering I City of Kitchener 519-741-2200 ext. 7974 1 TTY 1-866-969-9994 I linda.cooper@kitchener.ca You From: Christine Kompter<Christine.Kompter@kitchener.ca> Sent: Friday, February 11, 2022 10:39 AM To: _DL_#_DSD_Planning <DSD-PlannineDivision@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.Readman@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 Page 73 of 127 <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: Brian Bateman <Brian.Bateman@kitchener.ca> Subject: Circulation for Comment - OPA/ZBA (142-146 Fergus Avenue) Please see attached . Additional documentation is saved in AMANDA (folders 22-101142 & 101150) for internal staff reference & ShareFile for external agencies. Comments or questions should be directed to Brian Bateman, Senior Planner (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 e�000moo Page 74 of 127 City of Kitchener COMMENT FORM Project Address: 142-146 Fergus Avenue Application Type: Official Plan Amendment OPA22/02/F/BB Zoning By-law Amendment ZBA22/02/F/BB Comments of: Environmental Planning — City of Kitchener Commenter's Name: Carrie Musselman Email: carrie.mussel man@kitchener.ca Phone: 519-741-2200 X 7068 Date of Comments: March 11, 2022, REV Sept 22, 2022 & Nov 22, 2022 Comments required no later than: March 21, 2022 1. Plans, Studies and Reports submitted as part of a complete Planning Act Application: • Vegetation Management Plan 124-146 Fergus Ave (Dwg L0.0 and Dwg L0.0) prepared by GSP, dated October 19, 2021 and Revised November 14, 2022 for OPA / ZBA. • Planning Justification Report, 142 &146 Fergus Avenue prepared by GSP Group, dated December 2021 2. Site Specific Comments & Issues: I have reviewed the studies as noted above to support an official plan and zoning bylaw amendment at 142-146 Fergus Ave, the amendments will facilitate the development of a seven -storey apartment building (78 units), 89 vehicle parking spaces (surface and underground parking) and 51 bicycle spaces with some lands proposed to be dedicated for parkland, and note: o The City's Tree Management Policy applies, a Vegetation Management Plan (VMP) was submitted in support of the application. The VMP noted that 13 trees were inventoried. Of the thirteen trees, six trees in the inventory will be retained and seven trees are recommended for removal. Based on my review of the supporting studies the Official Plan and Zoning By Law Amendment CAN BE SUPPORTED. 3. Policies, Standards and Resources: • 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 and the Development Manual. 4. Anticipated Fees: • N/A A City for Everyone Working Together — Growing Thoughtfully — Building Community Page 75 of 127 From: Trevor Heywood <theywood@grandriver.ca> Sent: Wednesday, February 16, 2022 1:23 PM To: Brian Bateman Subject: [EXTERNAL] RE: Circulation for Comment - OPA/ZBA (142-146 Fergus Avenue) Hey Brian, This is not regulated by the GRCA and we have no comment. Regards, Trevor Heywood Resource Planner Grand River Conservation Authority theywood(a)grand river. ca www.grandriver.ca I Connect with us on social media From: Christine Kompter<Christine.Kompter@kitchener.ca> Sent: Friday, February 11, 2022 10:39 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>; Feds <vped@feds.ca>; Planning <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.Readman@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: Brian Bateman <Brian.Bateman@kitchener.ca> Subject: Circulation for Comment - OPA/ZBA (142-146 Fergus Avenue) Please see attached . Additional documentation is saved in AMANDA (folders 22-101142 & 101150) for internal staff reference & ShareFile for external agencies. Comments or questions should be directed to Brian Bateman, Senior Planner (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 Page 76 of 127 Page 77 of 127 Internal memo Development Services Department wwwkitchener.ca Date: March 17, 2022 To: Brian Bateman, Senior Planner From: Deeksha Choudhry, Heritage Planner cc: Subject: Official Plan Amendment and Zoning By-law Amendment Application OPA22/002/F/BB ZBA22/002/F/BB 142-146 Fergus Avenue The subject properties municipally addressed as 142-146 Fergus Avenue do not contain any heritage resources. However, they are located adjacent to the Woodland Cemetery, which is municipally addressed as 119 Arlington Boulevard, and is designated under Part IV of the Ontario Heritage Act. The designating by-law for Woodland Cemetery references the mausoleum and the stained glass windows as the reasons for designation. Due to the location to the proposed development in relation to the mausoleum, additional heritage studies were not required. Heritage Planning Staff have reviewed the Urban Design Brief and the Planning Justification Report submitted to support these applications, and have no issues or concerns. Page 78 of 127 City of Kitchener Zone Change / Official Plan Amendment Comment Form Address: 142 & 146 Fergus Ave. Owner: 2467491 ONTARIO INC Application: OPA #22/02/F/BB, ZBA #22/02/F/BB Comments Of: Parks & Cemeteries Commenter's Name: Karen Leasa Email: karen.leasa@kitchener.ca Phone: 519-505-6532 Date of Comments: March 18, 2022 ❑X I 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: I have reviewed the documentation noted below submitted in support of an OPA and ZBA to change the land use designation from 'Low Rise Residential' to 'Medium Rise Residential' with a Site -Specific Policy Area to permit a max. FSR of 2.3, rather than 2.0. Documents Reviewed: - 142 & 146 Fergus Ave - Urban Design Brief (DECEMBER 2021)_ FINAL - 142-146 Fergus Ave Planning Justification Report FINAL -Tree Management Plan 2. Site Specific Comments & Issues: City of Kitchener Parks & Cemeteries has acquired parkland through a neighbouring property development SP18/055/F/CD. This park property is located at 120 Fergus Ave. directly adjacent to 142 Fergus Ave. This property is intended to provide public park access to the underserviced neighbourhood of Centreville -Chicopee. It is the City's intention that this parkland parcel shall expand through future redevelopment of 142 & 146 Fergus Ave., and it is noted that the application has already indicated 0.065ha of parkland dedicated as land at the southwest corner of the site, along Fergus Ave. Parkland will need to be zoned as OSR-2. Physical acquisition of parkland shall be deferred to time of Site Plan application. 3. Comments on Submitted Documents No comments. A City for Everyone Working Together — Growing Thoughtfully — Building Community Wgbotg of 127 City of Kitchener Zone Change / Official Plan Amendment Comment Form 4. Policies, Standards and Resources: • City of Kitchener Parkland Dedication Policy • City of Kitchener Development Manual • Parks Strategic Plan • 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 OPA and ZBA and required as a condition of Site Plan Approval As per section 2, regarding the City's intent to acquire parkland adjacent to the existing parkland parcel of 120 Fergus, it is therefore anticipated that at Site Plan Approval, Parkland dedication would be taken as a combination of cash -in -lieu and land. Dedication requirements are subject to the Parkland Dedication Policy current at the time of a formal site plan application. 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 Wg;968 of 127 N* Region of Waterloo Brian Bateman Senior Planner City of Kitchener 200 King Street West, 6t" Floor P.O. Box 1118, Kitchener, ON N2G 4G7 Dear Mr. Bateman, 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 226-752-8622 File: D17/2/22002 C14/2/22002 October 20, 2022 Re: Proposed Official Plan Amendment OPA 22/02 and Zoning By-law Amendment ZBA 22/02 142-146 Fergus Avenue GSP Group Inc. (Kristen Barisdale) on behalf of 2467491 Ontario Inc. (Kam Patel) CITY OF KITCHENER GSP Group Inc. on behalf of 2467491 Ontario Inc. has submitted an Official Plan Amendment and Zoning By-law Amendment for a development proposal at 142-146 Fergus Avenue in the City of Kitchener. The applicant is proposing to develop the subject lands with a seven (7) -storey apartment complex containing 78 residential apartment style units on site. The applicant has proposed a total of 89 parking spaces. Of those 89 parking spaces, 38 spaces are proposed in an underground parking structure, 28 parking spaces are proposed on the ground floor and 23 spaces are proposed within level two of the building. Fifty one (51) bicycle parking spaces and a parkland dedication has also been proposed through these applications. The subject lands are designated Built -Up Area in the Regional Official Plan and designated Low Rise Residential in the City of Kitchener Official Plan. Furthermore, the subject lands are zoned Residential Four (R4) Zone. The applicant has proposed the Official Plan Amendment to amend the designation from Low Rise Residential to the Document Number: 4206583 Version: 1 Page 1 of 6 Page 81 of 127 Medium Rise Residential designation with a special policy to permit a maximum Floor Space Ratio (FSR) of 2.3 whereas the maximum permitted FSR is 2.0. The applicant has proposed to rezone the subject lands from the Residential Four (R4) Zone to the Residential Six (RES -6) Zone with site-specific provisions to permit a maximum FSR of 2.3, reduced side and rear yard setbacks, and a reduced parking rate. 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 Low Rise Residential 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 Community Area of the City of Kitchener. Regional Official Plan Amendment No. 6 (ROPA 6) The subject lands are located within the Region's Delineated Built -Up Area on Map 2 of ROPA 6. Delineated Built -Up Areas are areas that are outside the strategic growth areas where gentle density and a broader range of missing middle housing options are supported. In addition, the Built -Up Area is intended to support the gradual transition of existing neighbourhoods into 15 -minute neighbourhoods that are denser, more energy efficient and livable. Regional staff acknowledge that the development proposes a 7 -storey apartment style multi -residential building with a reduced vehicular parking rate with 51 bicycle parking spaces that are meant to encourage active transportation such as walking and cycling. Document Number: 4206583 Version: 1 Page 2 of 6 Page 82 of 127 Corridor Planning Transportation Noise.- Regional oise:Regional staff have reviewed the noise impact study entitled "Noise Impact Study 142- 146 Fergus Avenue, SW21345" prepared by Thornton Tomasetti, dated October 29, 2021. The report concludes that there are no noise attenuation measures required due to transportation noise for the proposed development. Regional staff accept the recommendations contained in the Environmental Impact Study related to transportation noise. Stationary Noise: The stationary noise components of the noise study entitled "Noise Impact Study 142- 146 Fergus Avenue, SW21345" prepared by Thornton Tomasetti, dated October 29, 2021 and have the following comments: The subject lands are surrounded by a Retirement Facility, the Woodland Cemetery, and the Emmanuel Bible College. Stationary noise sources were identified at the Fergus Place Retirement building and include the retirement facilities rooftop units. Although detailed building designs have yet to be provided, the study did not identified potential on-site noise sources such as cooling towers; air handling equipment or an underground garage exhaust system that may be associated with the development. Regional staff are satisfied with the conclusions and recommendations with the Noise Impact Study at this stage (Official Plan and Zoning By-law Amendment Stage) subject to the applicant providing further assessment through a detailed stationary noise study. Regional staff require a Holding Provision (Holding Zone) to be implemented on the subject lands until this information has obtained; all to the satisfaction of the Regional Municipality of Waterloo. The detailed noise study shall include 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. Furthermore, the following noise -warning clauses and certification shall be implemented through a Registered Development agreement with the City of Kitchener at a future site plan agreement or draft plan of Condominium Stage (if a condominium is proposed) and shall be incorporated in the Condominium Declaration (if applicable) and all Offers of Purchase and Sale, Lease/Rental Agreements. 1. "Purchasers/tenants are advised that due to the proximity of the adjacent institutional facility, sound from this facility may at times be audible." Document Number: 4206583 Version: 1 Page 3 of 6 Page 83 of 127 2. That prior to the issuance of any building permits, the City of Kitchener's Building Inspector will certify that the noise attenuation measures (if any) 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. Region of Waterloo International Airport Zoning Regulation.- Please egulation: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. The residents of this site may be subject to the presence of noise from flying aircrafts. To address these 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. Part 4 Area of the Clean Water Act/Risk Management: The subject lands are located in a source protection area where Risk Management or prohibition polices implemented by the Region of Waterloo may apply. A Notice of Source Protection Plan Compliance (Valid Section 59 Notice) is required and has yet to be received; therefore, the Region requires a Valid Section 59 Notice that reflects the current applications prior to supporting these applications. The subject lands are located in a highly vulnerable area where several activities prescribed under the Clean Water Act may require a Risk Management Plan, including salt application (if parking areas are proposed to be added or altered), storm water management (if engineered and/or enhanced infiltration features are proposed), and storage/handling of dense non -aqueous phase liquid (DNAPL) chemicals. Please be advised that the Region of Waterloo does not support any engineered and/or enhanced infiltration of runoff originating from paved surfaces within chloride Issue Contributing Areas. The above noted property is within a chloride Issue Contributing Area. Engineered and/or enhanced infiltration features may include ponds, infiltration galleries, permeable pavers, ditches, swales, oil -grit separators, etc.). Document Number: 4206583 Version: 1 Page 4 of 6 Page 84 of 127 Please visit the Region's TAPS website here: https://taps.regionofwaterloo.ca to determine all applicable source protection plan requirements, and contact the Risk Management Official via rmo(a)regionofwaterloo.ca, if required. In addition, please allow for sufficient time to negotiate the Risk Management Plan, as a Notice will not be issued until a signed Risk Management Plan is complete. 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 `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 Document Number: 4206583 Version: 1 Page 5 of 6 Page 85 of 127 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. Fees By copy of this letter, the Region of Waterloo acknowledges receipt of the review fees of $7,900.00. Follow Up: Based on comments above, the Region has no objection to the applications in principle, but requires a Valid Section 59 Notice (and Risk Management Plan(s)) prior to supporting the applications. Conclusions Regional staff have no objection to the applications in principle, but until the Valid Section 59 Notice has been received to the satisfaction of the Region, Regional staff are unable to support the applications until the Section 59 Notice has been received. Once the valid Section 59 Notice has been received to the satisfaction of the Region, the following Holding Provision shall be implemented (to the satisfaction of the Regional Municipality of Waterloo): 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, 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 Senior Planner C. 2467491 Ontario Inc. (C/O Kam Patel) (Owner), Kristen Barisdale, GSP Group Inc. (Applicant) Document Number: 4206583 Version: 1 Page 6 of 6 Page 86 of 127 City of Kitchener Application Type: Official Plan and Zoning By-law Amendments Application: OPA22/002/F/BB & ZBA22/002/F/BB Project Address: 142 & 146 Fergus Avenue Comments of: Transportation Services Commenter's Name: Dave Seller Email: dave.seller@kitchener.ca Phone: 519-741-2200 ext. 7369 Date of Comments: March 18, 2022 a. Transportation Service have no concerns with the proposed Official Plan or Zoning By-law Amendments being proposed for this development. b. After reviewing the DRAFT Transportation Impact Assessment and Parking Study (September 2021) submitted by Paradigm Transportation Solutions Ltd., Transportation Services offer the following comments. The applicant is proposing 78 apartment units in a 4 -storey building with an estimated trip generation of 27 AM and 35 PM peak hour vehicle trips, with one full moves access point servicing the site along the Fergus Avenue frontage. A review of the site access point was completed for the existing conditions and the 2025 Total Traffic Operations scenario. The site access vehicle turning movements were expressed as, Level of Service (LOS), average vehicle delay (seconds) and 95th percentile vehicle queue lengths (metres). Under existing conditions, the site access is operating with a LOS A, average vehicle delay of zero and a 95th percentile queue of zero metres, in the AM and PM peak hours. Under the 2025 Total Traffic Operations scenario, the site access is operating with a LOS A, average vehicle delay of 10 seconds or less and a 95" percentile queue of 0.6m or less, in the AM and PM peak hours. Therefore, in either scenario, there is acceptable LOS, vehicle delay and 95th percentile vehicle queuing along Fergus Avenue and the site access. As part of the justification to reduce parking on-site, Section 5 of the submitted report focused on Zoning By-law (ZBL) parking requirements, ITE Parking Demand, Area Specific Auto Ownership and Area Specific Mode Share. Based on the 78 units, combined with the adopted 2019-051 ZBL parking rate of 1.15 spaces per unit, a total of 90 parking spaces be provided. Of which, 78 parking spaces are allocated for the tenant portion and 12 (15%) parking spaces for visitors. The applicant is proposing a parking rate of 1.12 spaces per unit, which amounts to a total of 87 parking spaces, of which, 78 parking spaces are allocated for the tenant portion and 9 (12%) parking spaces for visitors. This result in a parking shortfall of 3 spaces. A City for Everyone Working Together — Growing Thoughtfully — Building Community Page 87 of 127 The ITE Parking Demand for this type of development and location estimates, 66 parking spaces, where 87 spaces are being proposed. This equates to a 21 parking space surplus. Area Specific Vehicle Ownership from the 2016 Transportation Tomorrow Survey (TTS) suggests that vehicle ownership among apartment dwellers is 0.68 vehicles per household. Based on vehicle ownership, 53 parking spaces be provided, where 87 spaces are being proposed. This equates to a surplus of 34 parking space. The 2016 TTS data suggests that 21% of people living in apartments in the Fergus Avenue area use transit as an alternative mode of travel. Existing Grand River Transit, Route 8 is less than 300m from the site. The route operates with 15 minute headways Monday to Friday, 30 minute headways Saturday and Sunday, which provides access to the ION Fairway station. A left turn lane analysis was completed along Fergus Avenue at the access point for the 2025 Total Traffic Operations and it was determined that a left turn lane is not warranted. Analysis for garbage pick-up was completed for the site and illustrated with the use of AutoTURN, however the illustration of the truck turning movements are to be submitted for review and comments. Based on the 2025 Total Traffic operations and proposed parking rate of 1.12 spaces per unit, Transportation Services is of the opinion that this site can function adequately and have minimal impact on the surrounding road network. A City for Everyone Working Together — Growing Thoughtfully — Building Community Page 88 of 127 From: Rojan Mohammadi Sent: Friday, September 16, 2022 1:16 PM To: 'Kristen Barisdale' Cc: Sandro Bassanese; Brian Bateman Subject: Status Update for Fergus Avenue Attachments: 142-146 Fergus Avenue - Urban Design Comments—Response from GSP and ABA.docx Hi Kristen, Hope this email finds you well. My apologies that I wasn't able to provide comments earlier. I wasn't aware of the circulation. Reasons to provide detailed comments were because the submission package (Urban Design Brief and Architectural Design Brief) included full site plan design. I agree we can address most of the comments at the site plan application stage. I have no further issues and/or comments on the OPA/ZBA application. Please be advised that staff are still in the opinion that there are several changes required to improve the current design which will be dealt with through the future site plan application. Hope this clarifies your concerns. If you have any further questions, please do not hesitate to reach out to me or Sandro Bassanese. Regards, Rojan Mohammadi MA, MCIP, RPP, PMP (She/Her) Senior Urban Designer I Planning Division I City of Kitchener 519-741-2200 x 7326 1 TTY 1-866-969-9994 1 Roman. mohammadia-kitchener.ca �40 �V 000 4 From: Kristen Barisdale <kbarisdale@gspgroup.ca> Sent: Wednesday, August 31, 2022 2:28 PM To: Brian Bateman <Brian.Bateman@kitchener.ca> Cc: Jessi McLellan <JMcLellan @abarchitect.ca>; Andrew Bousfield <ABousfield@abarchitect.ca> Subject: RE: Status Update for Fergus Avenue Good afternoon Brian, Please find attached our response commentary to the most recent UD circulation comments received by the City. As discussed, it is frustrating that we are receiving these UD comments in July when our initial application was submitted and circulated by the City in January. As you are aware, the proposed development has been extensively reviewed and discussed with City staff since our initial pre- submission application in 2020 —there is no exaggeration in the statement that the proposed development concept is the 7th or 8th iteration that the City has reviewed, and this is now the 3rd City urban designer that has provided comments. Page 89 of 127 We feel that a number of these comments can be addressed through future detailed site plan application. We trust that upon your review of the attached, we will be in the position to now proceed to final consideration of the proposed development by Council. Please let me know if you have any questions, or would like to discuss in detail. Thanks Brian! Kristen Barisdale MCIP, RPP Vice President, Planning office: 519.569.8883 direct: 226.243.6562 mobile: 519.212.5771 email: kbarisdale(a)-gspgroup.ca 000 GSP group 72 Victoria Street South Suite 201 Kitchener, ON N2G 4Y9 www.gspgroup.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: Brian Bateman <Brian.Bateman@kitchener.ca> Sent: Thursday, August 4, 2022 5:27 PM To: Kristen Barisdale <kbarisdale@gspgroup.ca> Subject: RE: Status Update for Fergus Avenue Hi Kristen, Urban Design comments are attached for your review and consideration. Some additional work and analysis is required in order for sign off. Please contact me with any comments or concerns. Still working on receiving Regional comments. Brian From: Brian Bateman Sent: Friday, July 22, 2022 8:50 AM To: 'Kristen Barisdale' <kbarisdale@gspgroup.ca> Cc: Evan Wittmann <evanw@gspgroup.ca>; Brandon Flewwelling (brandonf@gspgroup.ca) <brandonf@gspgroup.ca> Subject: RE: Status Update for Fergus Avenue Thanks, Kristen. Have a good holiday. From: Kristen Barisdale <kbarisdale@esperoup.ca> Sent: Friday, July 22, 2022 8:48 AM To: Brian Bateman <Brian.Bateman@kitchener.ca> Page 90 of 127 Cc: Evan Wittmann <evanw@gspgroup.ca> Subject: Re: Status Update for Fergus Avenue Hi Evan, Are you able to bump this planning report to Brian? It is file 20093 - it should be in the Reports folder? Thank you! Kristen Barisdale GSP Group Inc. On Jul 22, 2022, at 8:22 AM, Brian Bateman <Brian.Bateman@kitchener.ca> wrote: Thanks — do you have the word document of the PJR? From: Kristen Barisdale <kbarisdale@gspgroup.ca> Sent: Thursday, July 21, 2022 3:28 PM To: Brian Bateman <Brian.Bateman@kitchener.ca> Subject: RE: Status Update for Fergus Avenue Hi Brian, Here is the proposed draft OPA and ZBA — do you require anything further? VACATION ALERT: I will be away from the office from Friday, July 22 to Monday, August 8. Kristen Barisdale MCIP, RPP Vice President, Planning office: 519.569.8883 direct: 226.243.6562 mobile: 519.212.5771 email: kbarisdale(a)-gspgroup.ca 000 GSP 72 Victoria Street South Suite 201 Kitchener, ON N2G 4Y9 From: Brian Bateman <Brian.Bateman@kitchener.ca> Sent: Thursday, July 21, 2022 2:57 PM To: Kristen Barisdale <kbarisdale@gspgroup.ca> Subject: RE: Status Update for Fergus Avenue Page 91 of 127 In the meantime, can you please send me the word document of your PJR so I can start my report? Thanks. From: Brian Bateman Sent: Thursday, July 21, 2022 2:55 PM To: 'Kristen Barisdale' <kbarisdale@gspgroup.ca> Subject: RE: Status Update for Fergus Avenue Hi Kristen, Sorry for the late response. I will follow up with the Region and Urban Design for their comments. Brian From: Kristen Barisdale <kbarisdale@gspgroup.ca> Sent: Thursday, June 23, 2022 3:38 PM To: Brian Bateman <Brian.Bateman@kitchener.ca> Subject: [EXTERNAL] Status Update for Fergus Avenue Hi Brian, Further to our discussion yesterday, I went back through my documents and emails so remind myself where we left off on this one. Based on my records, I note the following: • Parkland dedication (land) of 0.065 has to be dedicated as part of Site Plan process, and area to be zoned accordingly (OSR-2) • WCDSB notes requirement for posting sign and that DC's will be required as part of future Site Plan • TIS accepted by Transportation • No concerns or comments from Building, Heritage and Engineering • Outstanding comments from Urban Design, Planning, Utilities, Fire, WRDSB and the Region • Concerns from residents include traffic, need for additional green space, inadequate parking, building height and increase in density in the neighbourhood Can you please pass along any comments that you may have already? At this point, it doesn't look like a response summary is required, but I will wait to receive all outstanding comments. In the meantime, I will turn my attention to the draft OPA/ZBA. Thanks Brian! Page 92 of 127 Kristen Barisdale MCIP, RPP Vice President, Planning office: 519.569.8883 direct: 226.243.6562 mobile: 519.212.5771 email: kbarisdale(a)-gspgroup.ca ©®0 !�Mh A GSP group 72 Victoria Street South Suite 201 Kitchener, ON N2G 4Y9 www.gspgroup.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. This email has been scanned by the Symantec Email Security.cloud service. For more information please visit http://www.symanteccloud.com This email has been scanned by the Symantec Email Security.cloud service. For more information please visit http://www.symanteccloud.com This email has been scanned by the Symantec Email Security.cloud service. For more information please visit http://www.symanteccloud.com Page 93 of 127 From: Planning <planning@wcdsb.ca> Sent: Friday, March 18, 2022 12:27 PM To: Brian Bateman Subject: [EXTERNAL] RE: Circulation for Comment - OPA/ZBA (142-146 Fergus Avenue) Good Afternoon Brian, 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. 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: Friday, February 11, 2022 10:39 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>; 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.Readman@kitchener.ca>; Katherine Hughes<Katherine.Hughes@kitchener.ca>; K -W Hydro - Greig Cameron <Rcameron@kwhydro.on.ca>; Linda Cooper < Linda. Cooper@kitchener.ca>; Mike Seiling <Mike.Seiline@kitchener.ca>; Ontario Power Generation <Executivevp.lawanddevelopment@ope.com>; Park Planning (SM) <Park.Planning@kitchener.ca>; 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 94 of 127 Cc: Brian Bateman <Brian.Bateman@kitchener.ca> Subject: Circulation for Comment - OPA/ZBA (142-146 Fergus Avenue) [Caution - External Email - This Message comes from an external organization. Do NOT click on unrecognized links or provide your username and/or password. Please see attached . Additional documentation is saved in AMANDA (folders 22-101142 & 101150) for internal staff reference & ShareFile for external agencies. Comments or questions should be directed to Brian Bateman, Senior Planner (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 000000000 Disclaimer - This email and any files transmitted with it are confidential and contain privileged or copyright information. You must not present this message to another party without gaining permission from the sender. If you are not the intended recipient you must not copy, distribute or use this email or the information contained in it for any purpose other than to notify us. If you have received this message in error, please notify the sender immediately, and delete this email from your system. We do not guarantee that this material is free from viruses or any other defects although due care has been taken to minimize the risk. Any views expressed in this message are those of the individual sender, except where the sender specifically states them to be the views of the Waterloo Catholic District School Board. Page 95 of 127 From: Sent: Friday, February 25, 2022 4:09 PM To: Brian Bateman Subject: [EXTERNAL] My poor neighborhood... Attachments: I M G_20220225_153838847.j pg Hi Mr Bateman You guys are really busy down there at the city sending this poor little neighborhood all these application for developments. At least this one has the decency to have 89 vehicle spots with 78 units. So maybe you'll have some visitors parking or additional parking. Because if you've ever toured Fergus Ave in the summer you'll know that not another car can squeeze on that street, and that's what you want to do to Pinecrest drive with the big development applied for at the end of my street... Can we reconsider traffic on Weber Street with all these new buildings going in? Or do we just make assumptions that it'll all be good cuz nothing's built yet. I tried to make a left onto Franklin 4:00 yesterday and it took forever... And Franklin's not as busy as Weber Street..Heather Hillier Page 96 of 127 From: Sent: Saturday, February 26, 2022 12:00 PM To: Brian Bateman Subject: [EXTERNAL] 142 & 146 Fergus Ave Feedback Follow Up Flag: Follow up Flag Status: Flagged Hello, I live nearby the proposed development, on Franklin St. N., and often use the area around Woodland Cemetery and Idlewood Park for recreation. I generally support the proposed development at 142 & 146 Fergus Ave. I think the developer has made fitting into the existing neighbourhood a priority, and I like that the property won't be taken up by a large parking lot as many multi -residential developments are. I have 2 concerns, however. L. There is no mention of including affordable units in the plan. Given that this is in a walkable neighbourhood with easy access to grocery stores and transit, affordable housing should be a priority. 2. The impact on the retirement facility next door. There appears to be a lot of shade that will fall on the retirement facility, and I would hate for that shade to negatively impact residents' access to sunlight, which is known to impact well-being, as well as negatively impact the garden that residents' enjoy. Thanks, Dawn Smith Page 97 of 127 From: Sent: Saturday, February 26, 2022 8:43 PM To: Brian Bateman; Dave Schnider Subject: [EXTERNAL] Kitchener Planning Applications for Development - Ward 2 Kitchener Attachments: 2022-02-26 Kitchener planning response Sorin D.pdf Follow Up Flag: Follow up Flag Status: Flagged Dear Mr. Bateman and Mr. Schneider, I have read the data on the Kitchener Planning Applications website and this is my feedback and unambiguous opinion with respect to these planning projects. It would be hard for me to hide the disappointment that such projects are even considered and it makes me believe that when various people involved are making evaluations regarding what an unacceptable level of population density, with all the consequential parameters, is considered, the references used as an evaluation scale are based on data from countries like India, Japan, Singapore or Hong Kong. I would have hoped that our "way of life" and living standard should be referred to more North American baselines and should not stray from them. My common opinion and feedback on these projects listed below are clear: strongly opposed to anything that would further increase the population density, already above a civilized level. (see attached also). Application number Address OPA22/002/F/BB 142 FERGUS AVE ZBA22/002/F/BB 142 FERGUS AVE OPA21/007/W/BB 1157 WEBER ST E ZBA21/010/W/BB 1157 WEBER ST E ZBA21/013/K/CD 1668 KING ST E OPA21/008/K/CD 1668 KING ST E Thank you for asking for opinions and reading mine. Regards, Sorin DobrinesCL https://experience.arcgis.com/experience/bb2db3e6l bd043209clfl6dl6a3cedOc/page/Highlighted- Applications/?data id=dataSource 12 -Planning Applications Active 5584%3A86&views=view- 2 Featurelnfo art Page 98 of 127 Kitchener Planning Response 2022-02-26 https:Hexperience.arcgis.com/experience/bb2db3e6l bd043209clfl6d16a3cedOc/page/Highlighted- Applications/?data id=dataSource 12 -Planning Applications Active 5584%3A86&views=view-2 Featurelnfo art By: Sorin Dobrinescu # Application Number Application address Application data Our comments and position 1 OPA22/002/ 142 To re -designate the property from Low Rise Strongly opposed — density and height of the mixed-use development F/BB FERGUS Residential in the City of Kitchener Official Plan the population density is already at levels AVE to Medium Rise and traffic in the area residential dwelling units and ground floor been accepted. is already at levels commercial units (c/r ZBA21/01 OM//BB) It is hard for me to Residential with Special Policy Area to permit a that shouldn't have Applicant: GSP GROUP INC. believe that this has maximum FSR of 2.3 c/r ZBA22/002/F/BB been accepted. been even Page 1 of 4 It is hard for me to believe that this has been even considered and would be interested to know which reference has been used to evaluate what density values are acceptable or not? 142 ZBA22/002/ To rezone the subject lands for implementation Strongly opposed — F/BB FERGUS of OPA22/002/F/BB. the population density AVE and traffic in the area is already at levels that shouldn't have been accepted. It is hard for me to believe that this has been even considered and would be interested to know which reference has been used to evaluate what density values are acceptable or not? 12 OPA21/007/ 1157 Application Type: Official Plan Amendment Strongly opposed — W/BB WEBER ST Application Summary: To facilitate the proposed the population density E density and height of the mixed-use development and traffic in the area consisting of an 18 storey and 15 storey tower is already at levels atop a 5 storey podium with a total of 378 that shouldn't have residential dwelling units and ground floor been accepted. commercial units (c/r ZBA21/01 OM//BB) It is hard for me to Applicant: GSP GROUP INC. believe that this has Property Owner: M K G HOLDING been even Page 1 of 4 Page 99 of 127 # I Application Application Application data I Our comments a Number address position 13 ZBA21 /010/ W/B B 1157 WEBER ST E CORPORATION, M K G HOLDING CORPORATION Neighbourhood Information Meeting Date: Nov 09, 2021 Status Update: This application is currently in circulation. If you have any questions, or would like to provide comments on this application, please reach out to File Planner (City Planning Contact listed below) City Planning Contact: Brian Bateman, MCIP, RPP Contact Email: Brian.Batemana-kitchener.ca Contact Phone Number: 519-741-2426 Contact TTY: 1-866-969-9994 Council Meeting Information: Click Here Ward: 2 - Find your city councillor considered and would be interested to know which reference has been used to evaluate what density values are acceptable or not? Application Type: Zoning By -Law Amendment Strongly opposed — Application Summary: To facilitate the population density OPA21/007/W/BB for the mixed-use development and traffic in the area consisting of an 18 storey and 15 storey tower is already at levels atop a 5 storey podium with a total of 378 that shouldn't have residential dwelling units and ground floor been accepted. commercial units hard for Applicant: GSP GROUP INC. h beve that this has believe Property Owner: M K G HOLDING been even CORPORATION, M K G HOLDING considered and would CORPORATION be interested to know Neighbourhood Information Meeting which reference has Date: Nov 09, 2021 been used to evaluate what density Status Update: This application is currently in values are acceptable circulation. If you have any questions, or would or not? like to provide comments on this application, please reach out to the File Planner (City Planning Contact listed below). City Planning Contact: Brian Bateman, MCIP, RPP Contact Email: Brian. Batemanp_kitchener.ca Contact Phone Number: 519-741-2426 Contact TTY: 1-866-969-9994 Council Meeting Information: ;ere Ward: 2 - Find your city councillor Application Type: Zoning By -Law Amendment Strongly opposed — Application Summary: The property owner of the population density 1668 King Street East is proposing an Official and traffic in the area Plan Amendment and Zoning By-law Amendment is already at levels to allow a mixed use development for two, 23 that shouldn't have storey buildings , consisting of 616 residential been accepted. units, 204 square metres of commercial space It is hard for me to with an increased Floor Space Ratio of 7.2 rather believe that this has than 4.0, reduced rear yard setback of 12.0 Page 2 of 4 Page 100 of 127 16 Application Application Number address O PA21 /008/ K/C D 1668 KING ST E Application data metres rather than 14.0 metres, and reduced on- site parking to permit parking at a rate of 0.7 spaces per unit for Multiple Dwelling Units greater than 51.0 sqare metres in size, rather than 1.0 spaces per unit. Applicant: MHBC PLANNING Property Owner: 2806399 ONTARIO INC Neighbourhood Information Meeting Date: Oct 21, 2021 Status Update: the applicant is currently revising the development application in response to public and staff comments. City Planning Contact: Craig Dumart, MCIP, RPP Contact Email: Craig. DumartAkitchener.ca Contact Phone Number: 519-741-2426 Contact TTY: 1-866-969-9994 Council Meeting Information: Click Here Ward: 10 - Find your city councillor Application Type: Official Plan Amendment Application Summary: The property owner of 1668 King Street East is proposing an Official Plan Amendment and Zoning By-law Amendment to allow a mixed use development for two, 23 storey buildings , consisting of 616 residential units, 204 square metres of commercial space with an increased Floor Space Ratio of 7.2 rather than 4.0, reduced rear yard setback of 12.0 metres rather than 14.0 metres, and reduced on- site parking to permit parking at a rate of 0.7 spaces per unit for Multiple Dwelling Units greater than 51.0 sqare metres in size, rather than 1.0 spaces per unit Applicant: MHBC PLANNING Property Owner: 2806399 ONTARIO INC Neighbourhood Information Meeting Date: Oct 21, 2021 Status Update: The applicant is currently revising the development in response to public and staff comments. City Planning Contact: Craig Dumart, MCIP, RPP Contact Email: Craig. Dumart(c)kitchener.ca Contact Phone Number: 519-741-2426 Contact TTY: 1-866-969-9994 Council Meeting Information: Click Here Property Size (ha.): 0.7 Ward: io - Find your city councillor 2022-02-26 kitchener planning response sorin d.docx Page 3 of 4 Our comments and position been even considered and would be interested to know which reference has been used to evaluate what density values are acceptable or not? Strongly opposed — the population density and traffic in the area is already at levels that shouldn't have been accepted. It is hard for me to believe that this has been even considered and would be interested to know which reference has been used to evaluate what density values are acceptable or not? Page 101 of 127 Appeal Process: If a person or public body does not make oral submissions at a public meeting or make written submissions to the City prior to the approval of a development, a Tribunal may dismiss an appeal made in relation to the applications. If you have any questions or require further clarification regarding appeals, please see https://olt.gov.on.ca/ or connect with the listed City Planning Contact. If you wish to be notified of the decision of the City of Kitchener with respect to these applications, you must make a written request to City Clerk, Legislative Services, 200 King Street West, P.O. Box 1118, Kitchener, Ontario, N2G 4G7. 2022-02-26 kitchener planning response sorin d.docx Page 4 of 4 Page 102 of 127 From: Sent: Monday, February 28, 2022 8:35 PM To: Brian Bateman Subject: [EXTERNAL] application for development 142-146 fergus ave Hello Brian, I am completely against any more development on Fergus ave. I purchased my home in 2011. 1 understand the need for housing and am in favor of advancing these projects. However, last year there was a giant housing development built on Fergus ave (most likely exactly beside where this new application is asking to be) and just up the street at the corner of Fergus and Weber is a gigantic condominium complex being built. The vehicle and pedestrian traffic that passes my house (150' away from the proposed build) daily has increased substantially. It no longer is a quiet street but a constant stream of vehicles and people walking. We all have much less privacy. I can only imagine the traffic and pedestrian traffic on Fergus ave once the condominium complex is completed. I cannot fathom another 78 unit complex mere seconds from my home. Just think of the possible hundreds more flocking to the amenities so close to home. The park and outdoor pool just down the street from us is now packed with people and was basically impossible to navigate that last summer. I don't look forward to the increased attendance, let alone another 78 units containing families. Fergus ave should be finished with adding housing. I disagree with the thought of another development. Thank you for your time. Scott Hallman Page 103 of 127 From: Rob Shirke Sent: Tuesday, March 1, 2022 2:22 PM To: Brian Bateman; Dave Schnider Subject: [EXTERNAL] Comments re: Application for Development at 142-146 Fergus Avenue Follow Up Flag: Follow up Flag Status: Flagged Hi Brian, live on Fergus Ave and just got the notice in the mail. First comment: I really appreciate the postcard notification and simplified graphics. I'm fairly new to Kitchener and haven't seen a form of notice like this before - I think it's great! I understand the need for intensification and generally welcome such developments but I worry this particular proposal is a bit excessive relative to existing buildings. There are a couple of older buildings nearby on Fergus that are three or four storeys tall (I'd have to count to be exact but it's in that range) and a newer development closer to Weber that was finished in the last year or so that's four storeys tall. I worry that a seven storey building would be really out of character with the area and create an unfortunate precedent. I wonder if the developer's objectives and the City's objectives could be met with something in the four to six storey range? I'll have a closer look at the supporting documents to learn more but my first reaction is that it seems excessive / doesn't fit and would really start to transform the character of the neighbourhood. I suspect something a little more modest height -wise would be welcomed by the neighbourhood. Best wishes, RXl Page 104 of 127 From: Sent: Friday, March 4, 2022 2:12 PM To: Brian Bateman Subject: [EXTERNAL] 142-146 Fergus Ave - Development a New Building Importance: High Good afternoon Brian, Nice to e -meet you. Thank you for letting us know that a new building will be around our condo. It's great that people will get new houses when it's a high demand for that. We just recently moved from Winnipeg and fall in love with Kitchener and our area. The most beautiful part is many green trees at this old area. My concern is about saving nature and trees for us and future generations. Would you please be able to confirm that the green trees close to 42-110 Fergus ave will stay alive? It's so amazing to see different flora and fauna here that we don't want that it's gone/destroyed with the development of the new building. Thank you and have a great weekend! Ramil and Elena Farrakhova, Online Business Systems occasionally sends electronic communications, such as announcements, thought leadership, and invitations to events or learning opportunities that we think would be of interest to you. If you do not wish to receive these Commercial Electronic Messages from us, please click UNSUBSCRIBE. Page 105 of 127 From: Marjorie Phillips Hopkin. Sent: Sunday, March 6, 2022 5:08 PM To: Brian Bateman Cc: Dave Schnider; kbarisdale@gspgroup.ca Subject: [EXTERNAL] Application for Development - 142-146 Fergus Avenue Follow Up Flag: Follow up Flag Status: Flagged Dear Mr. Bateman I am writing in response to the Application for Development flyer for 142-146 Fergus Avenue that I received in my mailbox. I have lived on Fergus Avenue for the past 19 years, most recently living through the development of 110 Fergus Avenue into what I would describe as a monstrosity. We are also watching the conversion of the corner of Fergus and Weber where the former Howard Johnson Hotel once stood. This is yet another development which I believe is going to cause additional problems for the neighbourhood. Since the development at 110 Fergus Avenue has gone up, we have seen an increase in traffic, which has not been well-managed. We have lost significant green space in the neighbourhood and the tiny park installed is wholly inadequate in light of what was removed. We adamantly opposed all of the variances requested by the developer, and while the city denied the variances, the provincial tribunal overruled it and now we are left with what has become a terrible mark on a neighbourhood that I once loved. Now I have been invited to respond to this application and I am entirely opposed. 7 storeys is totally out of line with the general shape of this neighbourhood. Pair that with the request for 2.3 floor space ratio and the building becomes all the more inappropriate. It seems to me that 89 parking spaces are inadequate and we already have inadequate parking provisions at 110 and at 100 Fergus Avenue. The street parking on Fergus Avenue is already problematic; this application seems to be creating an even bigger space premium. On top of that, what had been a stable neighbourhood population has become a revolving door of "for -sale" signs and changing occupants. You have asked for my opinion. My opinion is that this application should be denied. I doubt however that my voice as a long-term resident of this street will make a difference. I have copied my city councillor, Dave Schnider, and the applicant, Kristen Barisdale, on this email because I want it known that at least one household on this street and in this city is fed up with the greed that is consuming space at a frightening pace in Kitchener. I am exhausted by the "progress" that I believe has decreased the civility and community spirit of Kitchener. Marjorie Page 106 of 127 From; Sent: Saturday, March 12, 2022 10:45 AM To: Brian Bateman; Dave Schnider; kbarisdale@gsproup.ca; Earl Meyers Subject: [EXTERNAL] Development at Fergus Ave. kit. Follow Up Flag: Follow up Flag Status: Flagged Re: development 142-146 Fergus Ave Kitchener. EMV village is some distance from this site. I trust the Planing Dept. to make wise decisions. Concern about the extra traffic on Weber St. Earl Meyeers E & C Meyers Page 107 of 127 StaNRepvrt Development Services Department www.kitchener.ca REPORT TO: Planning and Strategic Initiatives Committee DATE OF MEETING: February 13, 2023 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 5 DATE OF REPORT: January 13, 2023 REPORT NO.: DSD -2023-054 SUBJECT: Zoning By-law Amendment ZBA/22/027/B/CD Blocks 22, 25, 28 and part of blocks 20, 21, 23, 24, 26, 27, 29 Plan 58M-643 (Trussler West Subdivision) Activa Holdings Inc. RECOMMENDATION: That Zoning By-law Amendment Application ZBA22/027/B/CD for Activa Holdings Inc. BE APPROVED in the form shown in the "Proposed By-law", and "Map No. 1 ", attached to Report DSD -2023-054 as Appendix "A". REPORT HIGHLIGHTS: The purpose of this report is to provide a planning recommendation to approve the Zoning By-law Amendment application for the subject lands located at Blocks 22, 25, 28 and part of Blocks 20, 21, 23, 24, 26, 27, 29 on Registered Plan 58M-643 (Trussler West Subdivision) • Community engagement included: o Circulation of a preliminary notice of application postcard to occupants and property owners within 240m of the subject lands; o Installation of a large billboard notice signage on the property; and o Notice of the Statutory Public Meeting was published in the Waterloo Region Record on January 20, 2023. • This report supports the delivery of core services. EXECUTIVE SUMMARY: The owner of the subject properties is requesting a Zoning By-law Amendment to change the zoning from `Low Rise Residential Four Zone (RES -4)' with Site Specific Provisions (297), (301), and (302) to `Low Rise Residential Five Zone (RES -5)' with Site Specific Provisions (297) (301) (303) and (359) to allow for street townhouse dwelling units with increased garage facade widths of 78 percent for corner lot units and reduced external unit (end unit) lot widths of 7 metres. BACKGROUND: Activa Holdings Inc. has made an application to the City of Kitchener for a Zoning By-law Amendment proposing to change the zoning of Blocks 22, 25, 28 and part of Blocks 20, 21, 23, 24, 26, 27, 29 on Registered Plan 58M-643 (also known as the Trussler West Subdivision) to allow for street *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 108 of 127 townhouse dwelling units with increased garage facade widths of 78 percent and reduced external unit (end unit) lot widths of 7 metres. The subject lands are designated `Low Rise Residential' in the City of Kitchener Official Plan and zoned `Low Rise Residential Four Zone (RES -4)' with Site Specific Provisions (297), (301), and (302) in Zoning By-law 2019-051. No Official Plan amendment is required or requested. Existing zoning permissions include- • Low Rise Residential Four Zone (RES -4) with Site Specific Provisions (297), (301), and (302) permits: o RES -4 Zoning permits: Low rise residential forms of housing including street townhouse dwellings, semi detached, single detached attached and detached additional dwelling units, - o Site Specific Provision (297) permits- Covered porches to encroach 2.5 metres into driveway visibility triangles-, o Site Specific Provision (301) permits- Access driveways to be setback 4.5 metres from intersecting street line, - o Site Specific Provision (301) permits- Porches and terraces to be setback 2.5 metres from the street line (301); o Site Specific Provision (302) permits: Maximum building height of 12.5 metres; o Site Specific Provision (302) permits- Minimum rear yard setback of 7.0 metres. o Site Specific Provision (302) permits: Minimum 10 metre corner lot widths for semi- detached dwellings, and 11 metre corner lot widths for single detached dwellings. The subject lands are located in the Trussler West Subdivision, specifically within Blocks 22, 25, 28 and part of Blocks 20, 21, 23, 24, 26, 27, 29 on Registered Plan 58M-643. ,0ffo tp '9rfCh Dr StOnehenge P1 Yellow Birch Park ---._rQ'NeStb_'�a- - W °Ce � r Y r � SC 4b II Y 4 � Figure 1 - Location Map- Blocks 22, 25, 28 and part of Blocks 20, 21, 23, 24, 26, 27, 29 on Registered Plan 58M-643 (Trussler West Subdivision) Page 109 of 127 REPORT: The owner is requesting a Zoning By-law Amendment to change the zoning from `Low Rise Residential Four Zone (RES -4)' with Site Specific Provisions (297), (301), and (302) to `Low Rise Residential Five Zone (RES -5)' with Site Specific Provisions (297), (301), (303) and (359) to allow for street townhouse dwelling units with increased garage facade widths of 78 percent and reduced external (end unit) lot widths of 7 metres. The subject lands, Blocks 22, 25, 28 and part of Blocks 20, 21, 23, 24, 26, 27, 29 on Registered Plan 58M-643 are currently zoned to permit single and semi- detached dwellings with reduced building and driveway access setbacks which was planned and approved along with the subdivision application. The Owner is looking to increase the density of the subject properties and make better use of the lands by permitting street townhouse dwellings which is a more compact built form compared to single detached and semi-detached dwellings. To permit the development of street townhouse dwelling units, the Zoning By-law amendment is required to change the Zoning from `RES -4' to `RES -5' with Site Specific Provisions. Site Specific Provisions (297), (301) will continue to apply, and for consistency Site Specific Provision (303) will be added to the subject lands which will permit minimum corner lot widths of 9.5 metres and 7.0 metre rear yard setback for street townhouse dwellings, whereas 7.0 metre rear yards are currently permitted for single detached and semi-detached dwellings. Site Specific Provision (359) is a new Site Specific Provision proposed to permit 78% garage fagade widths for corner lot units and 7.0 metre wide external lot widths. The proposed zoning aligns with existing zoning permissions of existing and planned street townhouse dwelling developments in the surrounding neighbourhood. Furthermore, the 78% garage facade width allows for a two -car wide garage for the corner lot end units offering a variation of unit types in the townhouse blocks that are compatible for the planned community as illustrated in Figure 1. below. Figure 1. Concept rendering of 2 storey street townhouse dwelling. 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(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 110 of 127 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 facilitate the development of the subject properties with street townhouse dwellings that are compatible with the existing and planned built form of the surrounding community and will make use of the newly developed infrastructure. The proposed Zoning By-law Amendment does not result in changes that would require new public roads and Engineering staff have confirmed there is capacity in the sanitary sewer to permit the development of the subject lands. Based on the foregoing, staff is of the opinion that this proposal is consistent with the PPS. A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 (Growth Plan): The Growth Plan supports the development of completeand compact communities that are designed to support healthy and active living, make efficient use of land and infrastructure, provide for a range and mix of housing types, jobs, and services, at densities and in locations which support transit viability and active transportation. The subject lands are in close proximity to transit and the subject lands close to nearby trails and parks. Policy 2.2.7.1 of the Growth Plan requires municipalities to support housing choice through the achievement of the minimum intensification and targets 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. The subject lands are located within the City's delineated Greenfield Area. The proposed development represents new development that will contribute towards achieving the City's minimum density targets for the greenfield area. The proposed zoning will support the achievement of a complete community by permitting a compatible low density housing type. Planning staff is of the opinion that the development proposal conforms 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 identified at part of the Urban Designated Greenfield 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. Regional staff have indicated that they have no objections to the proposed application (Appendix `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 located within the `Community Areas' in the City's Urban Structure (Map 2). The planned function of Community Areas is to provide for residential uses as well as non-residential supporting uses intended to serve the immediate residential areas. Land Use Designation The subject lands are designated Low Rise Residential (Map 3) in the 2014 Official Plan. The Low Rise Residential land use designation permits a full range of low density housing types which may include single detached dwellings, semi-detached dwellings, street townhouse dwellings, and low - Page 111 of 127 rise multiple dwellings. The Low Rise Residential land use designation considers a Floor Space Ratio up to 0.75 and allows a maximum building height of 3 storeys. Planning staff is of the opinion that the requested zoning conforms with Low Rise Residential land use designation and an Official Plan Amendment is not required. Street townhouses dwellings are a permitted use in the Low Rise Residential land use designation. 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. The subject lands will accommodate seven blocks of townhouse dwellings and provide a range of units types including seven external end units, seven corner lot units, and twenty eight internal townhouse units. Only the seven corner lot units will be permitted to have 78% garage fagade widths which can accommodate two -car wide garages and two additional driveway parking spaces. The corner lots are priority lots which will include high quality design and materials for the corner lot units with wrap around covered porches. 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. The Planning Act was amended by Bill 23, More Houses Built FasterAct, and a result, the City can no longer require a site plan approval process for street fronting townhouse developments with less than 10 dwelling units. 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. The proposed Zoning By-law amendment continues to allow for the range of dwelling units available in the city and the proposed development offers modern street townhouse units that reflect a high standard of urban design. The proposed development is a compatible low rise residential use that is appropriate for the existing and planned neighbourhood. 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-IawAmendment: The subject lands, Blocks 22, 25, 28 and part of Blocks 20, 21, 23, 24, 26, 27, 29 on Registered Plan 58M-643 are currently zoned `Low Rise Residential Four Zone (RES -4)' with Site Specific Provisions (297), (301), and (302) in Zoning By-law 2019-051 which permits single and semi-detached dwellings with reduced building and driveway access setbacks. The owner is requesting a Zoning By-law Amendment to change the zoning from `Low Rise Residential Four Zone (RES -4)' with Site Specific Provisions (297), (301), and (302) to `Low Rise Residential Five Zone (RES -5)' with Site Specific Provisions (297), (301), (303) and (359) in Zoning Page 112 of 127 By-law 2019-051 to allow for street townhouse dwellings and further to permit 78% garage fagade widths for corner lot units and 7.0 metre wide for the townhouse end units on the external lot widths. 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 owner is seeking to amend the Zoning By-law to add Site Specific Provision (359) to Zoning By- law 2019-051. The proposed Site Specific Provision is to permit 78% garage fagade widths for corner lot units and 7.0 metre wide external lot widths for the end unit street townhouse dwellings. Site Specific Provision (359): i) The minimum lot width (external unit) for street townhouse dwellings shall be 7.0 metres. ii) The maximum private garage width of a street townhouse dwelling corner lot unit shall be 78% of the width of the front fagade closest to the street at grade. Staff offer the following comments with respect to the requested Site Specific Provision (359): Site Specific Provision (359) allows the end unit street townhouse dwellings on the external lots to require/have a minimum lot width of 7.0 metres and to permit corner lot unit garage widths to be a maximum of 78%. This site-specific regulation aligns with existing zoning permissions of existing and planned street townhouse dwelling developments in the surrounding neighbourhood and allow for two -car garage corner lot end units offering a variation of unit types in the townhouse blocks. WHAT INE HEARD ' No comments received 43 households circulated and notified Department and Agency Comments: Preliminary circulation of the Zoning By-law amendment was undertaken on December 16, 2022 to applicable City departments and other review authorities. No concerns were identified by any commenting City department or agency. A consolidation of comments is attached as Appendix `C' of this report. Community Input & Staff Responses Staff circulated the preliminary notice of application postcard to occupants and property owners within 240 metres of the subject lands. No responses were received. Planning Conclusions Planning staff are supportive of the Zoning By-law amendment. Staff is of the opinion that the subject applications are consistentwith policies of the Provincial Policy Statement (2020), conform to Growth Page 113 of 127 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. 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 December 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. Notice of the Statutory Public Meeting was also posted in The Record on January 20, 2023 (a copy of the Notice maybe 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 December 16, 2022. Staff did not receive any responses. All information received was posted on the City's StoryMap application tool. PREVIOUS REPORTS/AUTHORITIES: • Planning Act, R.S.O. 1990, c. P.13 • Growth Plan, 2020 • Provincial Policy Statement (PPS), 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 APPROVED BY: Readman, Justin - General Manager, Development Services APPENDIXS: Appendix A — Proposed Zoning By-law Amendment Appendix B — Newspaper Notice Appendix C — Department and Agency Comments Page 114 of 127 PROPOSED BY — LAW 2023 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 —Activa Holdings Inc. — Blocks 22, 25, 28 and part of Blocks 20, 21, 23, 24, 26, 27 and 29, Plan 58M-643) 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. Schedule Number 23 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 Four Zone (RES -4) with Site Specific Provisions (297), (301) and (302) to Low Rise Residential Five Zone (RES -5) with Site Specific Provisions (297), (301), (303) and (359). 2. Schedule Number 23 of Appendix "A" to By-law Number 2019-051 is hereby further amended by incorporating additional zone boundaries as shown on Map No. 1 attached hereto. 3. Section 19 to By-law 2019-51 is hereby amended by adding Section 19 (359) thereto as follows: "(359). Notwithstanding Sections 5.4, Table 5-2 and 7.3, Table 7- 4 of this By-law within the lands zoned RES -5 and shown as being affected by this subsection on Schedule Number 23 of Appendix "A", the following special regulations shall apply: Page 115 of 127 i) The minimum lot width (external unit) for a street townhouse dwelling unit shall be 7.0 metres. ii) The maximum private garage width of a street townhouse dwelling corner lot unit shall be 78% of the width of the front fagade closest to the street at grade." PASSED at the Council Chambers in the City of Kitchener this day of ,2023 Mayor Clerk Page 116 of 127 OS R-2 OSR-2 1-1 6121R, 6631R, 664R RES -5 (297) 023)01), (297), (301), (303), (301H) dv RES -5 (297), (301),(303) 5� MIU-1 SUBJECT AREA(S) \ N AMENDMENT TO BY-LAW 2019-051 AREA 1 - FROM LOW RISE RESIDENTIAL FOUR ZONE (RES -4) WITH SITE SPECIFIC PROVISIONS (297), (301) AND (302) TO LOW RISE RESIDENTIAL FIVE ZONE (RES -5) WITH SITE SPECIFIC PROVISIONS (297), (301), (303) AND (359) BY-LAW 85-1 1-1 NEIGHBOURHOOD INSTITUTIONAL ZONE BY-LAW 2019-051 MU -1 LOW INTENSITY MIXED USE CORRIDOR ZONE NHC-1 NATURAL HERITAGE CONSERVATION ZONE OSR-2 OPEN SPACE: GREENWAYS ZONE OSR-3 OPEN SPACE: STORMWATER MANAGMENTZONE RES -2 LOW RISE RESIDENTIAL TWO ZONE RES -4 LOW RISE RESIDENTIAL FOUR ZONE RES -5 LOW RISE RESIDENTIAL FIVE ZONE \ NHC-1 _ _ _ _ _ _ _ _ _ _ _ _ _ SCHEDULE23_ _ ZONE GRID REFERENCE - - - - - - - - - - - - SCHEDULE 24 SCHEDULE NO. 23 OFAPPENDIX'A' \X-2 OSR-2 RES -4 KITCHENERZONING BY-LAW85-1 AND2019-051 � (297), ZONE LIMITS OSR- ��'� �Ay (301), (302) MAP NO. 1 0 50 100 ZONING BY-LAW AMENDMENT ZBA22/027/B/CD METRES OFFICIAL PLAN AMENDMENT N/A ACTIVA HOLDINGS INC. SCALE 1:4,000 City of Kitchener FILE BENNINGER DR DATE: DECEMBER 15, 2022 ZBA22027BCD_MAP1b DEVELOPME T SERVICES DEPARTMENT, PLANNING mxd NOTICE OF PUBLIC MEETING for a development in your neighbourhood Benninger Drive Concept Drawing tA iA tA" Have Your Voice Heard! Date: February 13, 2023 Time: 7:00 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 orto appearasa delegation, visit: kitchener.ca/meetings To learn more about this project, including information on your appeal rights, visit: www.kitchener.ca/ PlanningApplications or contact: Low Rise 42 Street 2 Storeys Craig Dumart, Senior Planner Residential Townhouse 519.741.2200 x 7073 Dwellings craig.dumart@kitchener.ca A Zoning By-law Amendment application will be considered to facilitate the development of 42 street townhouse dwelling units with increased garage facade widths of 78 percent of the lot width and reduced lot widths for the end lots/units of the townhouse dwelling block of 7 metres. Page 118 of 127 Region of Waterloo Craig Dumart, MCIP, RPP Senior Planner City of Kitchener City Hall, P.O. Box 1118 200 King St. West 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 Shilling Yip (226) 753-1064 (cell) File: C14-60/22/027/B/CD January 16, 2023 Re: Post Circulation Comments ZBA 22/027/B/CD Activa Holdings Inc. Benninger Drive CITY OF KITCHENER Region staff has reviewed the above -noted application and provide the following comments at this time. The applicant is requesting an amendment to the zoning by-law for lands located on Benninger Drive described as Blocks 22, 25, 28 and part of Blocks 20, 21, 23, 24, 26, 27 29 on Plan 58M-643 to allow for 42 street townhouse units with increased garage fagade widths of 78 percent and reduced external (end unit) lot widths of 7 metres. The lands form part of Stage 2 of the Activa Trussler West Subdivision 30T- 08204 which registered as 58M-643. Corridor Planning Staff has reviewed the draft report entitled, By-law Amendment — Noise Impact Study" addresses road traffic and stationary recommendations are acceptable. "Activa Trussler (58M-643) Stage 2, Zoning (Stantec, September 23, 2022). The report noise sources. The conclusions and Road Traffic Noise Sources Table 6.1 (p. 14 of report) summarizes the predicted daytime and nighttime noise levels of Blocks assessed. The results show that indoor noise levels exceed the applicable limits for all blocks and outdoor noise levels exceed the applicable limit for Block 28 and parts of Block 27 and Block 29. As such, provision for air conditioning and compliance Document Number: 4281955 Version: 1 Page 119 of 127 with the OBC are recommended to meet guideline limits. Noise warning clauses are also recommended (to be included in all Offers to Purchase). Proposed wording as follow: "Purchasers/tenants 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 sound level limits of the Municipality and the Mininistry of the Environment, Conservation and Parks." "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." The above recommendations are to be secured in an agreement with the City of Kitchener. Staff recommends an amendment to the residential subdivision agreement with the City. Stationary Noise Sources The report notes the closest stationary noise source is approximately 800 metres to the southeast (Mannheim Water Treatment Plant, Reservoir, and Pumping Station), and that site observations note that the Mannheim noise sources were not audible at the subject blocks. Therefore, no mitigation is required to address stationary noise. Finally, staff notes the noise study is only in draft form and the Engineer's Declaration is not signed and Owner Statement missing. Please provide a completed copy of the report to the Region. Region staff has no objection with City staff proceeding with a recommendation to Committee and Council on the application subject to the above -noted comments. The Region's planning modification fee was received January 13, 2023. Should you have any questions, please do not hesitate to contact the undersigned. Yours truly, Shilling Yip, MCIP, RPP Principal Planner cc. Pierre Chauvin, MHBC Planning (Kitchener) Joginder Bhatia, Region Corridor Planning Document Number: 4281955 Version: 1 Page 120 of 127 Craig Dumart From: Pegah Fahimian Sent: Friday, January 13, 2023 3:19 PM To: Craig Dumart Subject: FW: OPA-ZBA-Trussler- Stage 2 - Hi Craig, I reviewed the submitted package a. Enhanced elevations should be provided for the corner units and will be reviewed at the Building permit stage. The priority lots should be included in the site plan. All available space between the street and the building is to be landscaped, including street trees and entry features. 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@kit-chener.ca 1 Page 121 of 127 City of Kitchener Zone Change / Official Plan Amendment Comment Form Address: Blocks 22, 25, 28 and Pt of Blocks 20,21,23,24, 26, 27, 29 Plan 58M-643 30T- 08204 Owner: Activa Holdings Inc Application: Zoning By-law Amendment #ZBA22/027/B/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: Jan 13 2023 ❑ 1 plan to attend the meeting (questions/concerns/comments for discussion) FX1 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 application to amend the Zoning By-law for the subject lands located on Benninger Drive described as Blocks 22, 25, 28 and Part of Blocks 20, 21, 23,24, 26, 27, 29 Plan 58M-643 (Trussler West Plan of Subdivision 30T-08204) to allow for 42 street townhouse dwelling units with increased garage facade widths of 78 percent and reduced external (end unit) lot widths of 7 metres. • Planning Justification Report • Sustainability Statement • Noise Study • Elevations and Floor Plans • Preliminary Site Plan 2. General Comments & Issues: • Parks and Cemeteries has no significant concerns with the proposed Zoning Bylaw amendments. • Street Tree Planting Plans are required for this stage of the subdivision and with the reduced landscaped area and reduced available soil volumes available in front and flankage yards, alternate tree planting locations will be necessary to achieve tree planting targets. 3. Comments on Submitted Documents 1) No comments, no concerns. 4. Policies, Standards and Resources: ® City of Kitchener Official Plan ® City of Kitchener Park Dedication Bylaw 2022-101 and Park Dedication Policy ® City of Kitchener Development Manual ® Cycling and Trails Master Plan (2020) • Chapter 690 of the current Property Maintenance By-law A City for Everyone Working Together— Growing Thoughtfully — Building Community Page 1 of 2 Page 122 of 127 City of Kitchener Zone Change / Official Plan Amendment Comment Form Places & Spaces: An Open Space Strategy for Kitchener Multi -Use Pathways & Trails Masterplan • Urban Design Manual S. Anticipated Fees: Parkland dedication is not currently required for the application as it has been satisfied through Kitchener Draft Agreement (KDA) 30T-08204. Dedication requirements are subject to the Parkland Dedication Bylaw 2022-101, 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. The Bylaw is under appeal. Further changes to the Bylaw may be required as a result of the Bill 23 — More Homes Built Faster Act. A City for Everyone Working Together— Growing Thoughtfully — Building Community Page 2 of 2 Page 123 of 127 Craig Dumart From: Gaurang Khandelwal Sent: Wednesday, January 11, 2023 9:53 AM To: Craig Dumart Subject: RE: Circulation for Comment - Benninger Drive (ZBA) Hi Craig, No policy concerns for this application. Regards, Gaurang Khandelwal (he/him), MA, MCIP, RPP Planner (Policy) I Planning Division I City of Kitchener 519-741-2200 x 76111 TTY 1-866-969-9994 1 gaurano.khandelwalakitchener ca Hi Gaurang, Quick review and comments to Craig as necessary. Don't think that there is much to comment on here. And it is for Activa's Trussler Road subdivision not Benninger Drive as noted above. Natalie Natalie Goss (she/her), MA, MCIP, RPP Manager Policy & Research I City of Kitchener 519-741-2200 Ext 76481 TTY 1-866-969-9994 1 natalie.gossCa kitchener ca From: Christine Kompter <Christine.Kompter@kitchener ca> Sent: Friday, December 16, 2022 2:19 PM To: _DL #_DSD_Planning <DSD-PlanningDivision@kitchener ca>; Bell - c/o WSP <circulations@wsp com>; Carlos Reyes <Carlos.Reyes@kitchener.ca>; Darren Kropf <Darren.Kropf@kitchener ca>; Dave Seller <Dave.Seller@kitchen er.ca>: David Paetz <David.Paetz@kitchener.ca>; Ellen Straus <EIIen.Straus@kitchener.ca>; Enova Power Corp. - Greig Cameron <greig.cameron@enova ower com>; Enova Power Corp. - Shaun Wang <shaun.wang@enovapower com>; Feds <v_ped@feds.ca>; GRCA - Planning (plan ning@ randriver.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.Readman@kitchener ca>; Katherine Hughes <I<atherine.Hughes@kitchener.ca>; Mike Seiling <IVlike.Seilin @kitchener ca>; Ontario Power Generation <E;;ecutivevp.lawanddevelopment@opg.corn>; Park Planning (SM) <Park.Planning@kitchener.ca>; Region - Planning Page 124 of 127 Craig Dumart From: Deeksha Choudhry Sent: Tuesday, January 10, 2023 11:52 AM To: Craig Dumart Subject: Re: Circulation for Comment - Benninger Drive (ZBA) Hi Craig, No heritage planning issues or concerns for this application. Thanks! Kind Regards, Deeksha Choudhry, Wc, BES Heritage Planner I Planning Division I City of Kitchener 519-741-2200 ext. 72911 TTY 1-866-969-9994 deeksha.choudhry@kitchener.ca Residents are encouraged to visit kitchener.ca/covid99 for the most up-to-date information about City services short videos ti r,,F,t Want to know, more mapping tool about planning? walkingtours', and moref. From: Christine Kompter<Christine.Kompter@kitchener.ca> Sent: Friday, December 16, 2022 2:18 PM To: _DL_#_DSD_Planning <DSD-PlanningDivision@kitchener.ca>; Bell - c/o WSP <circulations@wsp.com>; Carlos Reyes <Carlos.Reyes@kitchener.ca>; Darren Kropf <Darren.Kropf@kitchener.ca>; Dave Seller <Dave.Seller@kitchener.ca>; David Paetz <David.Paetz@kitchener.ca>; Ellen Straus <EIIen.Straus@kitchener.ca>; Enova Power Corp. - Greig Cameron <greig.cameron@enovapower.com>; Enova Power Corp. - Shaun Wang <shaun.wang@enovapower.com>; 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.Readman@kitchener.ca>; Katherine Hughes <Katherine.Hughes@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> Page 125 of 127 Craig Dumart From: Dave Seller Sent: Friday, December 23, 2022 11:26 AM To: Craig Dumart Subject: UPDATED ZBA comments: (Trussler West Subdivision 30T-08204 Benninger Drive) City of Kitchener Application Type: Zoning By-law Amendment Application➢ #: ZBA22/027/B/CD Project Address: Blocks 22, 25, 28 and Part of Blocks 20, 20, 23,24, 26, 27, 29, Plan 58M-643 (Trussler West Subdivision 30T-08204 Benninger Drive) Comments of: Transportation Services Commenter's Name: Dave Seller Email: dave.seller@kitchener.ca Phone: 519-741-2200 ext. 7369 Date of Comments: December 23, 2022 a. Transportation Services have no concerns with the proposal to allow for 42 street townhouse dwelling units with increased garage facade widths of 78 percent and reduced external (end unit) lot widths of 7 metres. N,C t R-6 612R, 6638, 665R g�ASL� RE 'f 66' R'' a� 1-11 612R,, 6638, 664R 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(abkitchener.ca From: Craig Dumart <Craig.Dumart@kitchener.ca> Sent: Friday, December 23, 2022 11:00 AM To: Dave Seller <Dave.Seller@kitchener.ca> Subject: RE: ZBA comments: (Trussler West Subdivision 30T-08204 Benninger Drive) Hi Dave, 1 Page 126 of 127 Craig Dumart From: Niall Melanson Sent: Friday, December 23, 2022 9:20 AM To: Craig Dumart Cc: Angela Mick Subject: ZBA22/027/B/CD - Engineering & KU Clearance Morning Craig Engineering and Kitchener Utilities can provide our clearances for the ZBA. Merry Christmas Niall Melanson, C.E.T. Project Manager I Development Engineering I City of Kitchener 519-741-2200 Ext. 7133 1 TTY 1-866-969-9994 1 niall.melanson kitchener ca Page 127 of 127