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HomeMy WebLinkAboutDSD-2023-163 - OPA23/002/K/CD - ZBA23/005/K/CD - 1770 King Street East, 815 and 825 Weber Street East - King Weber Kitchner Holdings Inc.Staff Report Development Services Department www.kitchener.ca REPORT TO: Planning and Strategic Initiatives Committee DATE OF MEETING: May 15, 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 10 DATE OF REPORT: April 17, 2023 REPORT NO.: DSD -2023-163 SUBJECT: Official Plan Amendment Application OPA23/002/K/CD Zoning By-law Amendment Application ZBA23/005/K/CD Address: 1770 King Street East, 815 and 825 Weber Street East Owner: King Weber Kitchener Holdings Inc. RECOMMENDATION: That Official Plan Amendment Application OPA/23/002/K/CD for King Weber Kitchener Holdings Inc. requesting a land use designation change from "Mixed Use Corridor with Special Policy Area 1' to `Mixed Use Corridorwith Special Policy Area 11' to permit a 27 storey multiple dwelling development on the lands specified and illustrated on Schedule `A', be adopted, in the form shown in the Official Plan Amendment attached to Report DSD -2023-163 as Appendix `A', and accordingly forwarded to the Region of Waterloo for approval; and That Zoning By-law Amendment Application ZBA23/005/K/CD for King Weber Kitchener Holdings Inc. be approved in the form shown in the `Proposed By-law', and `Map No. 1, attached to Report DSD -2023-163 as Appendix `B'. REPORT HIGHLIGHTS: The purpose of this report is to evaluate and provide a planning recommendation regarding the Official Plan Amendment and Zoning By-law Amendment applications for the properties located at 1770 King Street East, 815 and 825 Weber Street East. It is planning staffs recommendation that the Official Plan and Zoning By-law Amendments be approved. Community engagement included: o circulation of a preliminary notice letter to property owners and residents within 240 metres of the subject site; o installation of three large billboards notice sign on the property (one facing each street); o follow up one-on-one correspondence with members of the public; o Neighbourhood Meeting held on April 13, 2023; o postcard advising of the statutory public meeting was circulated to all residents and property owners within 240 metres of the subject site and those who responded to the preliminary circulation; *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 143 of 222 o notice of the public meeting was published in The Record on April 21, 2023. This report supports the delivery of core services. EXECUTIVE SUMMARY: The owner of the properties addressed as 1770 King Street East, 815 and 825 Weber Street East is proposing to change the Official Plan land use designation from `Mixed Use Corridor with Special Policy Area V to `Mixed Use Corridor with Special Policy Area 11' in the King Street East Secondary Plan. The Zoning By-law Amendment application proposes to change the zoning from `High Intensity Mixed Use Corridor Zone (MU -3) with Special Use Provision 401U' (1770 King Street East) and `High Intensity Mixed Use Corridor Zone (MU -3) '(815 and 825 Weber Street East) in Zoning By-law 85-1 to `High Intensity Mixed Use Corridor Zone (MU -3)' in Zoning By-law 85-1 with a Special Regulation Provision to allow for an increased Floor Space Ratio (FSR); to further regulate parking locations and ratios; and to apply a Holding Provision to require an updated urban design brief, remediation of site contamination and an updated noise study. Staff recommend that the applications be approved. BACKGROUND: King Weber Kitchener Holdings Inc. has made applications to the City of Kitchener for an Official Plan Amendment and a Zoning By-law Amendment proposing to change the land use designation and zoning of the lands at 1770 King Street East, 815 and 825 Weber Street East to permit the lands to be developed with a 27 storey, 503 residential unit multiple dwelling with a 8 storey podium. The proposed development includes parking located underground, and on the surface. The lands are designated `Mixed Use Corridor with Special Policy Area 1' in the City of Kitchener King Street East Secondary Plan and zoned `High Intensity Mixed Use Corridor Zone (MU -3) with Special Use Provision 401 U' (1770 King Street East) and `High Intensity Mixed Use Corridor Zone (MU -3)' (815 and 825 Weber Street East) in Zoning By-law 85-1. The existing zoning permissions permit: • a range of permitted uses, including Multiple Dwellings and a wide range of commercial and institutional uses, • a maximum building Floor Space Ratio (FSR) of 4.0, • buildings with no maximum building height, • 1 parking space for each dwelling unit over 51 square metres of floor area and, • 0.165 parking spaces for dwelling units having a floor area of 51.0 square metres or less (capped at 40% of the dwelling units). • Special Use Provision 401 U prohibits the development of sensitive uses at 1770 King Street East until a record of site condition has been completed in accordance with the relevant Ontario legislation. Site Context The subject lands include the consolidation of three properties at 1770 King Street East, 815 and 825 Weber Street East. The consolidate parcel fronts onto King Street East, Weber Street East and Montgomery Road, As the subject lands front multiple streets, this is defined by the City's Zoning By-law as a through lot with King Street East considered as the front yard and Weber Street East considered the rear yard. The subject property is irregular in shape and has a lot area of 0.64 hectares (1.58 acres) with 42 metres of frontage along King Street East 87 metres of frontage along Weber Street East and 43 metres of frontage along Montgomery Road. All three properties are currently occupied by commercial buildings and large surface parking areas. The surrounding neighbourhood consists of a variety of uses including commercial buildings, medium -rise and high- rise residential uses (existing and planned), single and semi-detached dwellings, low-rise multiple dwelling buildings, and institutional buildings. Directly to the north of the property is a Secondary Page 144 of 222 School (Eastwood Collegiate High School) and Montgomery Park, to the east of the subject lands are highways 7 and 8, directly to the west of the subject lands are commercial properties and to the south across the street of King Street East is landscaped open space located between King Street East and Floral Crescent. The commercial property abutting the subject lands located at the corner of King Street East and Montgomery Road is not part of this proposed development application. CAR WOOD CRSS q LU 0 D SUBJECT kiyG AREA ROck�� �C oRq� cq PROSPECT AVE < �v U) z 0 r Ir co n o p4co a acs, EC 0 �T Figure 1 - Location Map: 1770 King Street East, 815 and 825 Weber Street East REPORT: The applicant is proposing to develop the subject lands with a with a 27 -storey multiple dwelling with a proposed Floor Space Ratio (FSR) of 6.0. The proposed development includes one building with a 27 -storey structure and a 17 -storey structure on top of a 8 -storey podium with 2 levels of underground parking being provided. The high rise multiple dwelling building proposes a total of 503 residential units with 270 parking spaces located within two levels of underground parking and 21 surface visitor parking spaces. Outdoor amenity space is proposed on top of the 8th floor podium and active outdoor amenity space is also provided along the King Street East frontage which will screen surface parking and activate the frontage along King Street. Primary vehicular access is proposed off Weber Street East with a secondary access, right in and right out only proposed off of King Street East. Page 145 of 222 Table 1 below highlights the development concept statistics while Figures 2 and 3 show the proposed development concept site plan and building elevations of the development proposal. Table 1. Pr000sed Develooment Conceot Statistics Full movement access WEBER STREE 1� ►� -- 't Access to "4t Underground Parking Right in Right out movement only KING STREET Figure 2 — Development Concept Site Plan Page 146 of 222 Development Concept Number of Units 503 dwelling units Parking Spaces 291 parking spaces Building Height 27 storeys Podium Design 8 storeys Class A (indoor secured) Bicycle Parking 406 Class B (outdoor visitor) Bicycle Parking 10 Electric Vehicle Ready Parking Stalls 58 Floor Space Ratio 6.0 Unit Types 335 — 1 -bedroom units 168 — 2 -bedroom units Full movement access WEBER STREE 1� ►� -- 't Access to "4t Underground Parking Right in Right out movement only KING STREET Figure 2 — Development Concept Site Plan Page 146 of 222 To facilitate the redevelopment of 1770 King Street East, 815 and 825 Weber Street East with the proposed development concept, an Official Plan Amendment and a Zoning By-law Amendment are required to change the land use designation and zoning of the subject lands as the existing Official Plan policies and zoning permit a maximum Floor Space Ratio (FSR) of 4.0. The lands are currently designated `Mixed Use Corridor with Special Policy Area 1' in the City of Kitchener King Street East Secondary Plan and zoned `High Intensity Mixed Use Corridor Zone (MU -3) with Special Use Provision 401 U' (1770 King Street East) and `High Intensity Mixed Use Corridor Zone (MU -3)' (815 and 825 Weber Street East) in Zoning By-law 85-1. The owner is proposing to change the land use designation to `Mixed Use Corridor with Special Policy 11' in the King Street East Secondary Plan and the zoning to `High Intensity Mixed Use Corridor Zone' (MU -3) with Special Regulation Provision 790R and Holding Provision 102H' in Zoning By-law 85-1, to allow for a FSR of 6.0; reduce the required parking; and to further regulate the location of surface parking. A Holding Provision is also proposed to be added to the property to require an updated urban design brief demonstrating a high quality of urban design that contributes positively to the public realm and streetscapes with adequate onsite amenity to the satisfaction of the City of Kitchener's Director of Planning. The holding provision will also prevent the development of the site with sensitive uses, including residential uses, until the Region is in receipt of a Record of Site Condition and a revised noise study is completed to the satisfaction of the Region of Waterloo. Figure 3 — Proposed Building Elevations: The front elevation along King Street East Page 147 of 222 Planning Analysis: Planning Act, R.S.O. 1990, c. P.13 25. Section 2 of the Planning Act establishes matters of provincial interest and states that the Minister, the council of a municipality, a local board, a planning board and the Tribunal, in carrying out their responsibilities under this Act, shall have regard to, among other matters, matters of provincial interest such as, f) The adequate provision and efficient use of communication, transportation, sewage and water services and waste management systems; g) The minimization of waste; h) The orderly development of safe and healthy communities; j) The adequate provision of a full range of housing, including affordable housing; k) The adequate provision of employment opportunities; p) The appropriate location of growth and development; q) The promotion of development that is designed to be sustainable, to support public transit and to be oriented to pedestrians; r) The promotion of built form that, (i) Is well-designed, (ii) Encourages a sense of place, and (iii) Provides for public spaces that are of high quality, safe, accessible, attractive and vibrant; s) The mitigation of greenhouse gas emissions and adaptation to a changing climate. These matters of provincial interest are addressed and are implemented through the Provincial Policy Statement, 2020, as it directs how and where development is to occur. The City's Official Plan is the most important vehicle for the implementation of the Provincial Policy Statement, 2020 and to ensure Provincial policy is adhered to. Provincial Policy Statement, 2020: The Provincial Policy Statement (PPS) provides policy direction on matters of provincial interest related to land use planning and development. Section 1.4.3(b) of the PPS promotes all types of residential intensification, and sets out a policy framework for sustainable, healthy, liveable and safe communities. The PPS promotes efficient development and land use patterns, as well as accommodating an appropriate mix of affordable and market-based residential dwelling types with other land uses, while supporting the environment, public health and safety. Provincial policies promote the integration of land use planning, growth management, transit -supportive development, intensification, and infrastructure planning to achieve cost-effective development patterns, optimization of transit investments, and standards to minimize land consumption and servicing costs. To support provincial policies relating to the optimization of infrastructure, transit and active transportation, the proposed designation and zoning facilitate a compact form of development which efficiently uses the lands, is in close proximity to transit options including bus, rapid transit, and makes efficient use of both existing roads and active transportation networks. The lands are serviced and are in proximity to parks, trails and other community uses. Provincial policies are in support of providing a broad range of housing. The proposed multiple dwelling development represents an attainable form of market-based housing. Planning staff is of the opinion that the proposed application will facilitate the intensification of the subject property with a multiple dwelling development that is compatible with the surrounding community, helps manage growth, is transit -supportive and will make use of the existing infrastructure. No new public roads would be required for the proposed development and Page 148 of 222 Engineering staff have confirmed there is capacity in the sanitary sewer to permit intensification on the subject lands. Based on the foregoing, staff is of the opinion that this proposal is in conformity with the PPS. A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 (Growth Plan): The Growth Plan supports the development of complete and compact communities that are designed to support healthy and active living, make efficient use of land and infrastructure, provide for a range and mix of housing types, jobs, and services, at densities and in locations which support transit viability and active transportation. The subject lands are in close proximity to transit and parks. Policy 2.2.6.1(a) states that municipalities will support housing choice through the achievement of the minimum intensification and density targets in this plan by identifying a diverse range and mix of housing options and densities, including additional residential units and affordable housing to meet projected needs of current and future residents. Policies 2.2.1.4 states that complete communities will: a) feature a diverse mix of land uses, including residential and employment uses, and convenient access to local stores, services, and public service facilities; b) improve social equity and overall quality of life, including human health, for people of all ages, abilities, and incomes; c) provide a diverse range and mix of housing options, including additional residential units and affordable housing, to accommodate people at all stages of life, and to accommodate the needs of all household sizes and incomes; d) expand convenient access to: i. a range of transportation options, including options for the safe, comfortable and convenient use of active transportation; ii. public service facilities, co -located and integrated in community hubs; iii. an appropriate supply of safe, publicly -accessible open spaces, parks, trails, and other recreational facilities; and iv. healthy, local, and affordable food options, including through urban agriculture; e) provide for a more compact built form and a vibrant public realm, including public open spaces; f) mitigate and adapt to the impacts of a changing climate, improve resilience and reduce greenhouse gas emissions, and contribute to environmental sustainability; and g) integrate green infrastructure and appropriate low impact development. The Growth Plan supports planning for a range and mix of housing options and, in particular, higher density housing options that can accommodate a range of household sizes in locations that can provide access to transit and other amenities. The subject lands are located within the City's delineated built up area, and within an Urban Corridor in the 2014 Kitchener Official Plan. Urban Corridors are identified as a Primary Intensification Area in the City of Kitchener's Official Plan on Map 2. The proposed designation and zoning will support a higher density housing option that will help make efficient use of existing infrastructure, parks, roads, trails and transit. The proposed development is also proposing to include several unit types, increasing the variety of housing options for future residents. Planning staff is of the opinion that the applications conform to the Growth Plan. Page 149 of 222 Figure 6 — Subject lands are located within an Urban Corridor in the City of Kitchener's Official Plan on Map -2 Regional Official Plan (ROP): Urban Area policies of the ROP identify that the focus of the Region's future growth will be within the Urban Area. The subject lands are designated Built -Up Area in the ROP. The proposed development conforms to Policy 2.D.1 of the ROP as this neighbourhood provides for the physical infrastructure and community infrastructure to support the proposed residential development, including transportation networks, municipal drinking -water supply and wastewater systems, and a broad range of social and public health services. Regional policies require Area Municipalities to plan for a range of housing in terms of form, tenure, density and affordability to satisfy the various physical, social, economic and personal support needs of current and future residents. The Region of Waterloo have indicated they have no objections to the proposed application (Appendix `D'). Planning staff are of the opinion that the applications conform to the Regional Official Plan. Region of Waterloo Airport Restrictions The subject lands are located within the federally regulated Airport Zoning Regulation (AZR). The existing AZR height limit is 430.50m ASL with a maximum height restriction of 111.5m. The applicant has completed an aeronautical assessment which has been accepted by the Region of Waterloo. The assessment justifies a maximum elevation of 457m ASL for the subject lands and the concept plans submitted with the application show a maximum elevation of the building of 406.5m ASL. Sufficient space for the operation of a future crane without reaching the maximum elevation of 457m ASL can be provided for and comply with the federally regulated Airport Zoning Regulations. Page 150 of 222 City of Kitchener Official Plan (OP) The City of Kitchener OP provides the long-term land use vision for Kitchener. The vision is further articulated and implemented through the guiding principles, goals, objectives, and policies which are set out in the Plan. The Vision and Goals of the OP strive to build an innovative, vibrant, attractive, safe, complete and healthy community. The subject lands are designated `Mixed Use Corridor with Special Policy Area 1" (Map 10) in the King Street East Secondary Plan (1994 Official Plan). The Mixed Use Corridor land use designation provides residential redevelopment opportunities together with appropriate commercial and institutional uses that primarily serve adjacent residential neighbourhoods. Over time it is intended that the Mixed Use Corridors shall intensify and provide a balanced distribution of commercial, multiple residential and institutional uses. The policies of Special Policy Area 1 were deleted through OPA 111. The applicant is proposing to add Special Policy Area 11 to the King Street East Secondary Plan to allow a Floor Space Ratio (FSR) of 6.0 whereas the current Official Plan policies allow for a maximum FSR of 4.0 with an additional 1.0 FSR permitted if a 1,000 square metre or larger food store is located within the mixed-use development. Policy 17.E.13.1. of the City of Kitchener Official Plan require that holding provisions will be applied in situations where it is necessary or desirable to zone lands for development or redevelopment in advance of the fulfillment of specific requirements and conditions, and where the details of the development or redevelopment have not yet been fully resolved. A Holding provision may be used in order to implement this Plan to ensure that certain conditions, studies or requirements related to a proposed Zoning By-law Amendment are met. A Holding Provision shall be applied to residential uses, day care uses and other sensitive uses and will not be removed through a by-law amendment until such time as the City of Kitchener is in receipt of an Urban Design Report and until such time as a Record of Site Condition has been acknowledged by the Province and a Noise Study has been reviewed and approved by the Region of Waterloo. Urban Structure The Official Plan establishes an Urban Structure for the City of Kitchener and provides policies for directing growth and development within this structure. Intensification Areas are targeted throughout the Built-up Area in key locations to accommodate and receive the majority of development or redevelopment for a variety of land uses. Primary Intensification Areas include the Urban Growth Centre, Major Transit Station Areas, Nodes and Corridors, in this hierarchy, according to Section 3.C.2.3 of the Official Plan. The subject lands are located within an `Urban Corridor' in the 2014 Kitchener Official Plan. Urban Corridors are identified as a Primary Intensification Area in the City of Kitchener's Official Plan on Map -2. Urban Corridors are generally linear in form and are located along existing or planned transit corridors. They are intended to have strong pedestrian linkages and be integrated with neighbouring residential and employment uses. The subject lands have direct access to two regional transit corridors which have multiple bus routes, access to Highway 8 and Highway 7. According policy 3.C.2.38 of the Official Plan, the planned function of Urban Corridors is to provide for a range of retail and commercial uses and intensification opportunities that should be transit - supportive. Urban Corridors function as the spine of a community as well as a destination for surrounding neighbourhoods. Strengthening linkages and establishing compatible interfaces between the Urban Corridors and surrounding Community Areas and Industrial Employment areas are priorities for development in these areas. The proposed development is planned for a multiple Page 151 of 222 dwelling with at grade units and active frontages along all street frontages and provides for 503 purpose-built rental units. Staff is of the opinion that the proposed development will help to increase density in an area well served by nearby transit while being context sensitive to surrounding lands and provides excellent access to off-road pedestrian and cycling facilities. Staff is of the opinion that the proposed Official Plan Amendment and Zoning By-law Amendment will support a development that not only complies with the City's policies for an Urban Corridor but also contributes to the vision for a sustainable and more environmentally -friendly city. Growing Together The Growing Together project is the continuation of the City's ongoing planning review process that began with PARTS and advanced through the Neighbourhood Planning Review (NPR) project, while also responding to new direction from the province, implementing the updated Regional Official Plan, and addressing new and emerging city priorities. Neighbourhood Planning Review 1770 King Street East, 815 and 825 Weber Street East are within the King East Neighbourhood Planning Review (NPR) area. A statutory public meeting was held on December 9, 2019 regarding draft amendments to the King Street Secondary plan. The proposed Official Plan designation for the site is `Mixed Use' and the proposed zoning is `Medium to High Rise Mixed Use Three Zone (MIX - 3)'. The Growing Together project is under review and updated draft land use designations and zoning will be considered in late 2023. Urban Design The City's urban design policies are outlined in Section 11 of the City's OP. In the opinion of staff, the proposed development meets the intent of these policies, specifically: Streetscape; Safety; Universal Design; Site Design; Building Design, and Massing and Scale Design. To address these policies, an Urban Design Brief Report was submitted and has been reviewed by City staff. The Urban Design Brief outlines the vision and principles guiding the site design and informs the proposed zoning by-law regulations. An updated urban design report will be required and secured through a Holding Provision. The subject lands are one of the primary gateways to the City and Downtown. Extra attention to high quality urban design that contributes positively to the public realm and streetscapes is expected for the subject lands with adequate onsite amenity for future residents. Detailed design will be reviewed through the site plan design and approvals process and an updated urban design report will be required prior to removal of the Holding Provision. Streetscape — The Weber Street East and Montgomery Road frontages are activated by at -grade residential units and the building's lobby. At grade residential units and the building lobby have direct access to public sidewalks. The tower podium has a defined base which will enhance the streetscape. Safety — As part of the site plan approval process, staff will ensure Crime Prevention Through Environmental Design (CPTED) principles are achieved and that the site meets the Ontario Building Code and the City's Emergency Services Policy. Universal Design —The development will be designed to comply with Accessibility for Ontarians with Disabilities Act and the Ontario Building Code. Page 152 of 222 Skyline — The proposed building will provide a new feature on the City's skyline. The proposed building will create visual interest from several different vantage points. Site Design, Building Design, Massing and Scale — The subject site is designed to have a development that will be developed at a scale that is compatible with the existing and planned built form for the surrounding neighbourhood. The tower has a well defined podium and building step backs which helps enhance the public realm. Massing is broken up at the 8th and 17th storeys on the tower which mitigate overlook issues and shadow impacts. Tower Design The tower placement has been oriented towards the corner of Weber Street and Montgomery Road with an 8 storey podium and building step backs at the 17th floor. The tower massing is broken up vertically by variation and the articulation of building materials. Furthermore, balconies for the residential units are included on the street -facing elevations. 4.5 metre tall ground floor units are proposed which will enhance the streetscape and will also allow for easy conversion of future non- residential uses. Shadow Impact Study The owner has completed a Shadow Impact Study in addition to the Urban Design Report. Staff have reviewed the study and are satisfied the shadow study meets the City's requirements, with respect to shadow impacts, as noted in the City of Kitchener Urban Design Manual. Wind Study A wind study was prepared for the consideration of this development proposal and reviewed by staff. The wind conditions surrounding the proposed development are generally suitable. A full Wind Assessment be required and reviewed at the site plan application stage and wind control features will be required through the site plan application is necessary to mitigate wind. Tall Building Guidelines The proposed development has also been reviewed for compliance with the City's Design for Tall Buildings Guidelines. The objective of this document is to: • achieve a positive relationship between high-rise buildings and their existing and planned context; • create a built environment that respects and enhances the city's open space system, pedestrian and cyclist amenities and streetscapes; • create human -scaled pedestrian -friendly streets, and attractive public spaces that contribute to livable, safe and healthy communities; • promote tall buildings that contribute to the view of the skyline and enhance orientation, wayfinding and the image of the city; • promote development that responds to the physical environment, microclimate and the natural environment including four season design and sustainability; and, • promote tall building design excellence to help create visually and functionally pleasing buildings of architectural significance. The proposed development concept has been reviewed with these objectives in mind. City staff has confirmed that the proposed towers are generally consistent with and meet the overall intent of the City's Design for Tall Building Guidelines. More specifically, the proposed development meets the onsite and offsite separation distance requirements of the Design for Tall Building Guidelines. Page 153 of 222 Transportation Policies: The Official Plan supports an integrated transportation system which incorporates active transportation, allows for the movement of people and goods and promotes a vibrant, healthy community using land use designations and urban design initiatives that make a wide range of transportation choices viable. The subject lands are located along King Street and Weber Street both which have multiple bus routes (GRT Routes 7 and 8) and stops located within walking distance. The building has excellent access to cycling networks, including existing on and off-street cycling facilities. The location of the subject lands, in the context of the City's integrated transportation system, supports the proposal for transit -oriented development on the subject lands. The proposed Official Plan Amendment and Zoning By-law Amendment applications will support a more intensive multiple residential development in a location that is supported by the transportation network. The location of the proposed building, secured through the proposed site-specific provisions, will result in a built form that fosters walkability within a pedestrian -friendly environment that allows walking to be safe, comfortable, barrier -free and a convenient form of urban travel. At future site plan approval processes, the design of the building will have to feature a high-quality public realm to enhance the identity of the area and create gathering points for social interaction, community events and other activities. Additionally, secured and visitor bicycle parking will be required the Zoning By-law. Housing Policies: Section 4.1.1 of the City's Official Plan contains policies with the primary objective to provide for an appropriate range, variety and mix of housing types and styles, densities, tenure and affordability to satisfy the varying housing needs of our community through all stages of life. The proposed development increases the amount of multiple dwelling units available in the city. The development is contemplated to include a range of unit types including, one and two-bedroom units. Theses new units will meet and appeal to a variety of household needs. Sustainable Development Section 7.C.4.1 of the City's Official Plan ensures developments will increasingly be sustainable by encouraging, supporting and, where appropriate, requiring: a) compact development and efficient built form; b) environmentally responsible design (from community design to building design) and construction practices; c) the integration, protection and enhancement of natural features and landscapes into building and site design; d) the reduction of resource consumption associated with development; and, e) transit -supportive development and redevelopment and the greater use of other active modes of transportation such as cycling and walking. Development applications are required to demonstrate that the proposal meets the sustainable development policies of the Plan and that sustainable development design standards are achieved. Sustainable development initiatives will be further implemented at the site planning approval process through the detailed design review of the building. Page 154 of 222 Proposed Official Plan Amendment Conclusions The Official Plan Amendment application requests that the land use designation as shown on Map 10 — King Street East Secondary Plan be changed from `Mixed Use Corridor with Special Policy Area 1' to `Mixed Use Corridor with Special Policy Area 11'. Based on the above -noted policies and planning analysis, staff is of the opinion that the proposed Official Plan Amendment represents good planning and recommends that the proposed Official Plan Amendment be approved in the form shown in Appendix "A". Proposed Zoning By-law Amendment (Zoning By-law 85-1): The subject lands are zoned "High Intensity Mixed Use Corridor Zone (MU -3) with Special Use Provision 401 U' (1770 King Street East) and "High Intensity Mixed Use Corridor Zone (MU -3)' (815 and 825 Weber Street East) in Zoning By-law 85-1. The existing zoning permits Multiple Dwellings and a wide range of Commercial and Institutional uses. The MU -3 zone currently allows for a maximum building Floor Space Ratio (FSR) of 4.0 and there is no maximum building height for the subject lands in the City of Kitchener's Zoning By-law. The existing zoning also requires 1.0 parking spaces for each dwelling unit over 51 square metres of floor area and 0.165 parking spaces for each dwelling unit having a floor area of 51.0 square metres or less (capped at 40% of the dwelling units). Special Use Provision 401 U prohibits the development of sensitive uses at 1770 King Street East until a record of site condition has been completed in accordance with the relevant Ontario legislation. The applicant has requested an amendment to Zoning By-law 85-1 to change the zoning from "High Intensity Mixed Use Corridor Zone (MU -3) with Special Use Provision 401 U'(1770 King Street East) and "High Intensity Mixed Use Corridor Zone (MU -3)' (815 and 825 Weber Street East) to `High Intensity Mixed Use Corridor Zone (MU -3)' in Zoning By-law 85-1 with Special Regulation Provision 790R and Holding Provision 102H" in Zoning By-law 85-1. Due to review timeline refunds required by Bill 109, a Holding Provision is required to ensure matters related to urban design, noise and site remediation are addressed, prior to lifting of the Holding Provision. Official Plan policies indicate that where special zoning regulations are requested for residential intensification or a redevelopment of lands, the overall impact of the site-specific zoning regulations will consider compatibility with existing built form; appropriate massing and setbacks that support and maintain streetscape and community character; appropriate buffering to mitigate adverse impacts, particularly with respect to privacy; avoidance of unacceptable adverse impacts by providing appropriate number of parking spaces and an appropriate landscaped/amenity area. The applicant is seeking to amend the Zoning By-law to add Special Regulation Provision 790R to Zoning By-law 85-1. The proposed Special Regulation Provision is to permit an increased Floor Space Ratio (FSR), regulate parking setbacks to the street, and reduce the required parking rate. Staff offer the following comments with respect to the proposed Special Regulation Provision 790R: a) That the maximum Floor Space Ratio shall be 6.0. The purpose of this regulation is to cap the Floor Space Ratio and ensure development does not exceed the density presented in the concept plans. b) That parking be provided at a rate of 0.58 parking spaces per dwelling unit. 7% of the required parking spaces shall be shared for visitor parking and non-residential uses. Bicycle and electric vehicle parking are to be provided in accordance with By-law 2019-051. Page 155 of 222 The purpose of this regulation is to provide for a parking rate which is appropriate for the development as well as require adequate bicycle parking spaces and future electric vehicle charging parking spaces. The proposed ratio results in a parking rate of 0.58 parking spaces per dwelling unit (inclusive of visitor spaces). The subject lands will have adequate access to public transit and pedestrian/cycling networks and adequate bike storage will be provided within the development for residents. Planning and Transportation Services staff is of the opinion that the parking rate is appropriate for the subject lands. c) In no case shall any parking be located within 16.0 metres of the street line unless located underground or internal to a building. The purpose of this regulation is to ensure surface parking is adequately setback from the street and effectively screened with landscaping and amenity space. d) Geothermal Energy Systems shall be prohibited. The Region of Waterloo has indicated Geothermal Energy Systems shall be prohibited to mitigate the risks associated with contaminants that will remain beneath the site when the property is redeveloped. Staff offer the following comments with respect to Holding Provision 102H: Official Plan policies require that holding provisions will be applied in those situations where it is necessary or desirable to zone lands for development or redevelopment in advance of the fulfillment of specific requirements and conditions, and where the details of the development or redevelopment have not yet been fully resolved. A Holding provision may be used in order to facilitate the implementation of the `MU -3' zone and special regulation provision. The City will enact a by-law to remove the holding symbol when all the conditions set out in the holding provision have been satisfied, permitting development or redevelopment in accordance with the zoning category assigned. Holding Provision 102H Planning staff are recommending the following holding provision as part of the Zoning By-law Amendment: i. No residential use shall be permitted until such time as a Record of Site Condition is submitted and approved to the satisfaction of the Ministry of the Environment, Conservation and Parks (MOECP). This Holding Provision shall not be removed until the Region of Waterloo is in receipt of a letter from the Ministry of the Environment, Conservation and Parks (MOECP) advising that a Record of Site Condition has been completed to their satisfaction. ii. No residential use shall be permitted until such time as a Road Traffic and Stationary Noise Study is submitted and approved to the satisfaction of the Regional Commissioner of Planning, Housing and Community Services, if necessary. This Holding Provision shall not be removed until the City of Kitchener is in receipt of a letter from the Regional Commissioner of Planning, Housing and Community Services advising that such noise study or studies has been approved and an agreement, if necessary, has been entered into with the City and/or Region, as necessary, providing for the implementation of any recommended noise mitigation measures. iii. No development on the lands shall occur until such time as an Urban Design Brief is approved by the City's Director of Planning demonstrating a high quality of urban design that Page 156 of 222 contributes positively to the public realm and streetscapes with adequate onsite amenity There is an environmental threat located on and adjacent to the subject lands in accordance with the Region's Threats Inventory Database (TID) due to past and current land uses. A Record of Site Condition (RSC) and Ministry Acknowledgement Letter shall be required in accordance with the Region's Implementation Guidelines. Until such time that the RSC and Ministry Acknowledgement letter have been received by the Region, residential redevelopment of the site is not permitted. A noise study was prepared in support of the proposed Zoning By-law and reviewed by the Region of Waterloo. Additional building noise mitigation measures will be reviewed through the site plan design and approvals process and an addendum to the noise study will be required prior to removal of the Holding Provision. The subject lands are one of the primary gateways to the City and Downtown. Extra attention to high quality urban design that contributes positively to the public realm and streetscapes is expected for the subject lands with adequate onsite amenity for future residents. Detailed design will be reviewed through the site plan design and approvals process and an updated urban design report will be required prior to removal of the Holding Provision. Proposed Zoning By-law Amendment Conclusions Staff is of the opinion that the proposed Zoning By-law Amendment to change the zoning of the subject lands to `High Intensity Mixed Use Corridor Zone (MU -3)' with Special Regulation Provision 790R and Holding Provision 102H represents good planning as it will facilitate the redevelopment of the lands with multiple dwelling development that is compatible with the existing neighbourhood, which will add visual interest at the street level and skyline, and will appropriately accommodate on- site parking needs. Staff are supportive of the proposed development and recommend that the proposed Zoning By-law amendment be approved as shown in Appendix "B". Department and Agency Comments: Circulation of the Official Plan Amendment and Zoning By-law Amendment was undertaken in March 2023 to all applicable City departments and other review authorities. No major concerns were identified by any commenting City department or agency and any necessary revisions and updates were made. Copies of the comments are found in Appendix "D" of this report. The following Reports and Studies were considered as part of this proposed Official Plan Amendment and Zoning By-law Amendment: • Planning Justification Report Prepared by: MHBC Planning, March 2023 • Urban Design Brief, Windy Study, Shadow Study Prepared by: MHBC Planning, March 2023 • Transportation Impact Study and Parking Study Prepared by: Paradigm Transportation Solutions, February 2023 • Site Servicing Feasibility Study Prepared by: SBM, January 2023 • Sustainability Statement Prepared by: MHBC Planning, March 2023 Page 157 of 222 • Noise Feasibility Study Prepared by: HGC Engineering, February 2023 Community Input & Staff Responses WHAT WE HEARD 180 addresses (occupants and property owners) were circulated and notified Approximately 6 people/households/businesses provided comment A City -led Neighbourhood Meeting was held on April 13, 2023 and 8 different users logged on Staff received written responses from 6 residents with respect to the proposed development. These are included in Appendix `E'. A Neighbourhood Meeting was held on April 13, 2023. In addition, staff had follow up one-on-one correspondence with members of the public. A summary of what we heard, and staff responses are noted below. What We Heard Staff Comment The City of Kitchener does not regulate number of bedrooms. While the City does not regulate the number of bedrooms, a mix of unit types is strongly encouraged. In September 2022, we received new housing census data — we know; ■ We have 99805 dwelling units in Kitchener 61 % are 3+ bedrooms. We also know household data now as well: Three bedroom units should be ■ 58% of households have 1-2 people (26% 1 included in the proposed person, 32% 2 people) development. ■ 15% of all dwellings are in buildings greater than 5 storeys When a comparison is made between the household and housing data, we have 27,000 3+ bedroom homes which are occupied by one or two people. This means that 44% of all large units in Kitchener have more bedrooms than people living in the dwelling The City is currently undertaking a Missing Middle study that is looking at root causes of these results and how the City can get housing types of all sizes across the City. Page 158 of 222 Planning Conclusions In considering the foregoing, staff are supportive of the proposed Official Plan Amendment and Zoning By-law Amendment to permit the development of a multiple dwelling building at 1770 King Street East, 815 and 825 Weber Street East. Staff is of the opinion that the subject applications are consistent with policies of the Provincial Policy Statement (2020), conform to Growth Plan for the Greater Golden Horseshoe, the Regional Official Plan, and the City of Kitchener Official Plan and represent good planning. Planning staff are recommending that the applications be approved. ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN: The recommendation of this report supports the achievement of the City's strategic vision through the delivery of core service. Page 159 of 222 A Traffic Impact Study was submitted and reviewed by City Concerns the proposed MTO and Regional Transportation staff who did not identify development will create traffic that any major traffic concerns as a result of the proposed existing roads can not handle. development. The existing zoning currently permits a Floor Space Ratio of 4.0 and there is no maximum building height. The proposed amendments allow for increased density to be developed on site (6.0 FSR instead of the maximum permitted 4.0). The applicant has demonstrated that a tower can be accommodated in accordance with the City's Tall buildings should not be allowed. design for Tall Building Guidelines, which is the Council approved guiding document for tall building developments. The subject lands are located within the Airport Zoning Regulation area which is federally regulated. The proposed tower is in compliance with the Airport Zoning Regulations. The proposed tower is located approximately 130 metres The building is too tall and residents to the nearest residential dwelling on Floral Crescent and have concerns with privacy into their is separated by a 4 lane road (King Street East) with a yards. landscaped median. A City -owned open space with existing mature trees separates and screens King Street East to Floral Crescent. A Parking Justification Study was submitted and reviewed by Transportation Services staff who support the proposed parking rate of 0.58 parking spaces per dwelling unit. Not enough parking is being Unbundled parking is proposed as well as a minimum of provided. 0.5 Class A bicycle parking spaces per dwelling unit are required as a Transportation Demand Management (TDM) measure. This development is not receiving affordable housing sponsorship. Rather the development proposes 503 Affordable Units should be provided. purpose-built rental units which is an alternative housing option for those who are not in a position to purchase a dwelling unit. Planning Conclusions In considering the foregoing, staff are supportive of the proposed Official Plan Amendment and Zoning By-law Amendment to permit the development of a multiple dwelling building at 1770 King Street East, 815 and 825 Weber Street East. Staff is of the opinion that the subject applications are consistent with policies of the Provincial Policy Statement (2020), conform to Growth Plan for the Greater Golden Horseshoe, the Regional Official Plan, and the City of Kitchener Official Plan and represent good planning. Planning staff are recommending that the applications be approved. ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN: The recommendation of this report supports the achievement of the City's strategic vision through the delivery of core service. Page 159 of 222 FINANCIAL IMPLICATIONS: There are no financial implications associated with this recommendation. Bill 109, More Homes for Everyone Act, 2022 introduced a requirement for a municipality to refund planning application fees if a decision is not made within a prescribed timeframe. Decisions on Zoning By-law Amendments, when combined with an Official Plan Amendment, are required within 120 days to retain planning application fees, effective January 1, 2023. A decision must be made by Council prior to July 15, 2023 or the Planning Division must issue an application fee refund of $12,800.00, being 50% of the $25,600.00 Major Zoning By-law Amendment Application fee. The Planning Division does not have a funding source or budget for refunding planning application fees. 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 March of 2023. 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, and those responding to the preliminary circulation. Notice of the Statutory Public Meeting was also posted in The Record on April 23, 2023 (a copy of the Notice may be found in Appendix C). CONSULT —The proposed Official Plan Amendment and Zoning By-law Amendment were circulated to residents and property owners within 240 metres of the subject lands on March 21, 2023. In response to this circulation, staff received written responses from 6 members of the public, which were summarized as part of this staff report. Planning staff also had one-on-one conversations with residents on the telephone and responded to emails. PREVIOUS REPORTS/AUTHORITIES: • Planning Act, R.S.O. 1990, c. P.13 • Growth Plan, 2020 • Provincial Policy Statement, 2020 • Regional Official Plan • City of Kitchener Official Plan, 1994 • City of Kitchener Zoning By-law 85-1 REVIEWED BY: Tina Malone -Wright— Interim Manager of Development Review, Planning Division APPROVED BY: Readman, Justin - General Manager, Development Services APPENDIX& Appendix A — Proposed Official Plan Amendment Appendix B — Proposed Zoning By-law Amendment Appendix C — Newspaper Notice Appendix D — Department and Agency Comments Appendix E — Public Comments Page 160 of 222 2C V41 F�0 SCHEDULE 'A' 0 100 METRES KING WEBER KITCHENER SCALE 1:4,000 HOLDINGS INC 1770 KING ST E; 815 & 825 WEBER ST E DATE: APRIL 17, 2023 CITY OF KITCHENER OFFICIAL PLAN AMENDMENT TO MAP 10 KING STREET EAST NEIGHBOURHOOD SECONDARY PLAN a Mixed Use Corridor J Boundary of Secondary Plan Special Policy Area Trunk Road III Primary Arterial Road Secondary Arterial Road Major Collector Road Area 1 of Amendment From Mixed Use Corridor With Special Policy Area 1 To Mixed Use Corridor With Special Policy Area 11 REVISED: OFFICIAL PLAN AMENDMENT OPA23/002/K/CD ZONING BY-LAW AMENDMENT ZBA23/005/K/CD City of Kitchener FILE OPA23002KCD MAP10 Development Services Department, Planning MXd - AMENDMENT NO. XX TO THE OFFICIAL PLAN OF THE CITY OF KITCHENER CITY OF KITCHENER 1770 King Street East , 815 and 825 Weber Street East Page 162 of 222 AMENDMENT NO. XXX TO THE OFFICIAL PLAN OF THE CITY OF KITCHENER CITY OF KITCHENER 1770 King Street East, 815 and 825 Weber Street East INDEX SECTION 1 TITLE AND COMPONENTS SECTION 2 PURPOSE OF THE AMENDMENT SECTION 3 BASIS OF THE AMENDMENT SECTION 4 THE AMENDMENT APPENDICES APPENDIX 1 Notice of the Meeting of Planning & Strategic Initiatives Committee of May 15, 2023 APPENDIX 2 Minutes of the Meeting of Planning & Strategic Initiatives Committee May 15, 2023 APPENDIX 3 Minutes of the Meeting of City Council Page 163 of 222 AMENDMENT NO. XXX TO THE OFFICIAL PLAN OF THE CITY OF KITCHENER SECTION 1 —TITLE AND COMPONENTS This amendment shall be referred to as Amendment No. XXX to the Official Plan of the City of Kitchener (1994). This amendment is comprised of Sections 1 to 4 inclusive. SECTION 2 — PURPOSE OF THE AMENDMENT The purpose of the Official Plan Amendment is to amend: • Map 10 — Secondary Plan - King Street East Neighbourhood Plan for Land Use by redesignating lands, municipally addressed as 1770 King Street East, 815 and 825 Weber Street East from Mixed Use Corridor' with Special Policy Area T to `Mixed Use Corridor' with Special Policy Area 11" • Adding Policy 13.2.3.11 to Section 13.2.3 to permit a maximum Floor Space Ratio (FSR) of 6.0. SECTION 3 — BASIS OF THE AMENDMENT Planning Analysis: Planning Act, R.S.O. 1990, c. P.13 25. Section 2 of the Planning Act establishes matters of provincial interest and states that the Minister, the council of a municipality, a local board, a planning board and the Tribunal, in carrying out their responsibilities under this Act, shall have regard to, among other matters, matters of provincial interest such as, f) The adequate provision and efficient use of communication, transportation, sewage and water services and waste management systems; g) The minimization of waste; h) The orderly development of safe and healthy communities; j) The adequate provision of a full range of housing, including affordable housing; k) The adequate provision of employment opportunities; p) The appropriate location of growth and development; q) The promotion of development that is designed to be sustainable, to support public transit and to be oriented to pedestrians; r) The promotion of built form that, (i) Is well-designed, (ii) Encourages a sense of place, and (iii) Provides for public spaces that are of high quality, safe, accessible, attractive and vibrant; s) The mitigation of greenhouse gas emissions and adaptation to a changing climate. These matters of provincial interest are addressed and are implemented through the Provincial Policy Statement, 2020, as it directs how and where development is to occur. The City's Official Plan is the most important vehicle for the implementation of the Provincial Policy Statement, 2020 and to ensure Provincial policy is adhered to. Provincial Policy Statement, 2020: The Provincial Policy Statement (PPS) provides policy direction on matters of provincial interest related to land use planning and development. Section 1.4.3(b) of the PPS promotes all types of Page 164 of 222 residential intensification, and sets out a policy framework for sustainable, healthy, liveable and safe communities. The PPS promotes efficient development and land use patterns, as well as accommodating an appropriate mix of affordable and market-based residential dwelling types with other land uses, while supporting the environment, public health and safety. Provincial policies promote the integration of land use planning, growth management, transit -supportive development, intensification, and infrastructure planning to achieve cost-effective development patterns, optimization of transit investments, and standards to minimize land consumption and servicing costs. To support provincial policies relating to the optimization of infrastructure, transit and active transportation, the proposed designation and zoning facilitate a compact form of development which efficiently uses the lands, is in close proximity to transit options including bus, rapid transit, and makes efficient use of both existing roads and active transportation networks. The lands are serviced and are in proximity to parks, trails and other community uses. Provincial policies are in support of providing a broad range of housing. The proposed multiple dwelling development represents an attainable form of market-based housing. Planning staff is of the opinion that the proposed application will facilitate the intensification of the subject property with a multiple dwelling development that is compatible with the surrounding community, helps manage growth, is transit -supportive and will make use of the existing infrastructure. No new public roads would be required for the proposed development and Engineering staff have confirmed there is capacity in the sanitary sewer to permit intensification on the subject lands. Based on the foregoing, staff is of the opinion that this proposal is in conformity with the PPS. A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 (Growth Plan): The Growth Plan supports the development of complete and compact communities that are designed to support healthy and active living, make efficient use of land and infrastructure, provide for a range and mix of housing types, jobs, and services, at densities and in locations which support transit viability and active transportation. The subject lands are in close proximity to transit and parks. Policy 2.2.6.1(a) states that municipalities will support housing choice through the achievement of the minimum intensification and density targets in this plan by identifying a diverse range and mix of housing options and densities, including additional residential units and affordable housing to meet projected needs of current and future residents. Policies 2.2.1.4 states that complete communities will: a) feature a diverse mix of land uses, including residential and employment uses, and convenient access to local stores, services, and public service facilities; b) improve social equity and overall quality of life, including human health, for people of all ages, abilities, and incomes; c) provide a diverse range and mix of housing options, including additional residential units and affordable housing, to accommodate people at all stages of life, and to accommodate the needs of all household sizes and incomes; d) expand convenient access to: i. a range of transportation options, including options for the safe, comfortable and convenient use of active transportation; ii. public service facilities, co -located and integrated in community hubs; Page 165 of 222 iii. an appropriate supply of safe, publicly -accessible open spaces, parks, trails, and other recreational facilities; and iv. healthy, local, and affordable food options, including through urban agriculture; e) provide for a more compact built form and a vibrant public realm, including public open spaces; f) mitigate and adapt to the impacts of a changing climate, improve resilience and reduce greenhouse gas emissions, and contribute to environmental sustainability; and g) integrate green infrastructure and appropriate low impact development. The Growth Plan supports planning for a range and mix of housing options and, in particular, higher density housing options that can accommodate a range of household sizes in locations that can provide access to transit and other amenities. The subject lands are located within the City's delineated built-up area, and within an Urban Corridor in the 2014 Kitchener Official Plan. Urban Corridors are identified as a Primary Intensification Area in the City of Kitchener's Official Plan on Map 2. The proposed designation and zoning will support a higher density housing option that will help make efficient use of existing infrastructure, parks, roads, trails and transit. The proposed development is also proposing to include several unit types, increasing the variety of housing options for future residents. Planning staff is of the opinion that the applications conform to the Growth Plan. Figure 6 — Subject lands are located within an Urban Corridor on Map 2 in the City of Kitchener's Official Plan Page 166 of 222 Regional Official Plan (ROP) Urban Area policies of the ROP identify that the focus of the Region's future growth will be within the Urban Area. The subject lands are designated Built -Up Area in the ROP. The proposed development conforms to Policy 2.D.1 of the ROP as this neighbourhood provides for the physical infrastructure and community infrastructure to support the proposed residential development, including transportation networks, municipal drinking -water supply and wastewater systems, and a broad range of social and public health services. Regional policies require Area Municipalities to plan for a range of housing in terms of form, tenure, density and affordability to satisfy the various physical, social, economic and personal support needs of current and future residents. The Region of Waterloo have indicated they have no objections to the proposed application Planning staff are of the opinion that the applications conform to the Regional Official Plan. Reaion of Waterloo Airaort Restrictions The subject lands are located within the federally regulated Airport Zoning Regulation (AZR). The existing AZR height limit is 430.50m ASL with a maximum height restriction of 111.5m. The applicant has completed an aeronautical assessment which has been accepted by the Region of Waterloo. The assessment justifies a maximum elevation of 457m ASL for the subject lands and the concept plans submitted with the application show a maximum elevation of the building of 406.5m ASL. Sufficient space for the operation of a future crane without reaching the maximum elevation of 457m ASL can be provided for and comply with the federally regulated Airport Zoning Regulations. City of Kitchener Official Plan (OP) The City of Kitchener OP provides the long-term land use vision for Kitchener. The vision is further articulated and implemented through the guiding principles, goals, objectives, and policies which are set out in the Plan. The Vision and Goals of the OP strive to build an innovative, vibrant, attractive, safe, complete and healthy community. The subject lands are designated `Mixed Use Corridor with Special Policy Area 1" (Map 10) in the King Street East Secondary Plan (1994 Official Plan). The Mixed Use Corridor land use designation provides residential redevelopment opportunities together with appropriate commercial and institutional uses that primarily serve adjacent residential neighbourhoods. Over time it is intended that the Mixed Use Corridors shall intensify and provide a balanced distribution of commercial, multiple residential and institutional uses. The policies of Special Policy Area 1 were deleted through OPA 111. The applicant is proposing to add Special Policy Area 11 to the King Street East Secondary Plan to allow a Floor Space Ratio (FSR) of 6.0 whereas the current Official Plan policies allow for a maximum FSR of 4.0 with an additional 1.0 FSR permitted if a 1,000 square metre or larger food store is located within the mixed-use development. Policy 17.E.13.1. of the City of Kitchener Official Plan require that holding provisions will be applied in situations where it is necessary or desirable to zone lands for development or redevelopment in advance of the fulfillment of specific requirements and conditions, and where the details of the development or redevelopment have not yet been fully resolved. A Holding provision may be used in order to implement this Plan to ensure that certain conditions, studies or requirements related to a proposed Zoning By-law Amendment are met. A Holding Provision shall be applied to residential uses, day care uses and other sensitive uses and will not be Page 167 of 222 removed through a by-law amendment until such time as the City of Kitchener is in receipt of an Urban Design Report and until such time as a Record of Site Condition has been acknowledged by the Province and a Noise Study has been reviewed and approved by the Region and releases have been issued by the Region. Urban Structure The Official Plan establishes an Urban Structure for the City of Kitchener and provides policies for directing growth and development within this structure. Intensification Areas are targeted throughout the Built-up Area in key locations to accommodate and receive the majority of development or redevelopment for a variety of land uses. Primary Intensification Areas include the Urban Growth Centre, Major Transit Station Areas, Nodes and Corridors, in this hierarchy, according to Section 3.C.2.3 of the Official Plan. The subject lands are located within an `Urban Corridor' in the 2014 Kitchener Official Plan. Urban Corridors are identified as a Primary Intensification Area in the City of Kitchener's Official Plan on Map -2. Urban Corridors are generally linear in form and are located along existing or planned transit corridors. They are intended to have strong pedestrian linkages and be integrated with neighbouring residential and employment uses. The subject lands have direct access to two regional transit corridors which have multiple bus routes, access to Highway 8 and Highway 7. According policy 3.C.2.38 of the Official Plan, the planned function of Urban Corridors is to provide for a range of retail and commercial uses and intensification opportunities that should be transit - supportive. Urban Corridors function as the spine of a community as well as a destination for surrounding neighbourhoods. Strengthening linkages and establishing compatible interfaces between the Urban Corridors and surrounding Community Areas and Industrial Employment areas are priorities for development in these areas. The proposed development is planned for a multiple dwelling with at grade units and active frontages along all street frontages and provides for 503 purpose-built rental units. Staff is of the opinion that the proposed development will help to increase density in an area well served by nearby transit while being context sensitive to surrounding lands and provides excellent access to off-road pedestrian and cycling facilities. Staff is of the opinion that the proposed Official Plan Amendment and Zoning By-law Amendment will support a development that not only complies with the City's policies for an Urban Corridor but also contributes to the vision for a sustainable and more environmentally -friendly city. Growing Together The Growing Together project is the continuation of the City's ongoing planning review process that began with PARTS and advanced through the Neighbourhood Planning Review (NPR) project, while also responding to new direction from the province, implementing the updated Regional Official Plan, and addressing new and emerging city priorities. Neighbourhood Planning Review 1770 King Street East, 815 and 825 Weber Street East are within the King East Neighbourhood Planning Review (NPR) area. A statutory public meeting was held on December 9, 2019 regarding draft amendments to the King Street Secondary plan. The proposed Official Plan designation for the site is `Mixed Use' and the proposed zoning is `Medium to High Rise Mixed Use Three Zone Page 168 of 222 (MIX -3)'. The Growing Together project is under review and updated draft land use designations and zoning will be considered in late 2023. Urban Design The City's urban design policies are outlined in Section 11 of the City's OP. In the opinion of staff, the proposed development meets the intent of these policies, specifically: Streetscape; Safety; Universal Design; Site Design; Building Design, and Massing and Scale Design. To address these policies, an Urban Design Brief Report was submitted and has been reviewed by City staff. The Urban Design Brief outlines the vision and principles guiding the site design and informs the proposed zoning by-law regulations. An updated urban design report will be required and secured through a Holding Provision. The subject lands are one of the primary gateways to the City and Downtown. Extra attention to high quality urban design that contributes positively to the public realm and streetscapes is expected for the subject lands with adequate onsite amenity for future residents. Detailed design will be reviewed through the site plan design and approvals process and an updated urban design report will be required prior to removal of the Holding Provision. Streetscape — The Weber Street East and Montgomery Road frontages are activated by at -grade residential units and the building's lobby. At grade residential units and the building lobby have direct access to public sidewalks. The tower podium has a defined base which will enhance the streetscape. Safety — As part of the site plan approval process, staff will ensure Crime Prevention Through Environmental Design (CPTED) principles are achieved and that the site meets the Ontario Building Code and the City's Emergency Services Policy. Universal Design — The development will be designed to comply with Accessibility for Ontarians with Disabilities Act and the Ontario Building Code. Skyline — The proposed building will provide a new feature on the City's skyline. The proposed building will create visual interest from several different vantage points. Site Design, Building Design, Massing and Scale — The subject site is designed to have a development that will be developed at a scale that is compatible with the existing and planned built form for the surrounding neighbourhood. The tower has a well-defined podium and building step backs which helps enhance the public realm. Massing is broken up at the 8th and 17th storeys on the tower which mitigate overlook issues and shadow impacts. Tower Design The tower placement has been oriented towards the corner of Weber Street and Montgomery Road with an 8 -storey podium and building step backs at the 17th floor. The tower massing is broken up vertically by variation and the articulation of building materials. Furthermore, balconies for the residential units are included on the street -facing elevations. 4.5 -metre -tall ground floor units are proposed which will enhance the streetscape and will also allow for easy conversion of future non-residential uses. Shadow Impact Study The owner has completed a Shadow Impact Study in addition to the Urban Design Report. Staff have reviewed the study and are satisfied the shadow study meets the City's requirements, with respect to shadow impacts, as noted in the City of Kitchener Urban Design Manual. Page 169 of 222 Wind Study A wind study was prepared for the consideration of this development proposal and reviewed by staff. The wind conditions surrounding the proposed development are generally suitable. A full Wind Assessment be required and reviewed at the site plan application stage and wind control features will be required through the site plan application is necessary to mitigate wind. Tall Building Guidelines The proposed development has also been reviewed for compliance with the City's Design for Tall Buildings Guidelines. The objective of this document is to: • achieve a positive relationship between high-rise buildings and their existing and planned context; • create a built environment that respects and enhances the city's open space system, pedestrian and cyclist amenities and streetscapes; • create human -scaled pedestrian -friendly streets, and attractive public spaces that contribute to livable, safe and healthy communities; • promote tall buildings that contribute to the view of the skyline and enhance orientation, wayfinding and the image of the city; • promote development that responds to the physical environment, microclimate and the natural environment including four season design and sustainability; and, • promote tall building design excellence to help create visually and functionally pleasing buildings of architectural significance. The proposed development concept has been reviewed with these objectives in mind. City staff has confirmed that the proposed towers are generally consistent with and meet the overall intent of the City's Design for Tall Building Guidelines. More specifically, the proposed development meets the onsite and offsite separation distance requirements of the Design for Tall Building Guidelines. Transportation Policies: The Official Plan supports an integrated transportation system which incorporates active transportation, allows for the movement of people and goods and promotes a vibrant, healthy community using land use designations and urban design initiatives that make a wide range of transportation choices viable. The subject lands are located along King Street and Weber Street both which have multiple bus routes (GRT Routes 7 and 8) and stops located within walking distance. The building has excellent access to cycling networks, including existing on and off- street cycling facilities. The location of the subject lands, in the context of the City's integrated transportation system, supports the proposal for transit -oriented development on the subject lands. The proposed Official Plan Amendment and Zoning By-law Amendment applications will support a more intensive multiple residential development in a location that is supported by the transportation network. The location of the proposed building, secured through the proposed site- specific provisions, will result in a built form that fosters walkability within a pedestrian -friendly environment that allows walking to be safe, comfortable, barrier -free and a convenient form of urban travel. At future site plan approval processes, the design of the building will have to feature a high-quality public realm to enhance the identity of the area and create gathering points for social interaction, Page 170 of 222 community events and other activities. Additionally, secured and visitor bicycle parking will be required the Zoning By-law. Housina Policies Section 4.1.1 of the City's Official Plan contains policies with the primary objective to provide for an appropriate range, variety and mix of housing types and styles, densities, tenure and affordability to satisfy the varying housing needs of our community through all stages of life. The proposed development increases the amount of multiple dwelling units available in the city. The development is contemplated to include a range of unit types including, one and two-bedroom units. These new units will meet and appeal to a variety of household needs. Sustainable Development Section 7.C.4.1 of the City's Official Plan ensures developments will increasingly be sustainable by encouraging, supporting and, where appropriate, requiring: a) compact development and efficient built form; b) environmentally responsible design (from community design to building design) and construction practices; c) the integration, protection and enhancement of natural features and landscapes into building and site design; d) the reduction of resource consumption associated with development; and, e) transit -supportive development and redevelopment and the greater use of other active modes of transportation such as cycling and walking. Development applications are required to demonstrate that the proposal meets the sustainable development policies of the Plan and that sustainable development design standards are achieved. Sustainable development initiatives will be further implemented at the site planning approval process through the detailed design review of the building. Official Plan Amendment Conclusions The Official Plan Amendment application requests that the land use designation as shown on Map 10 — King Street East Secondary Plan be changed from `Mixed Use Corridor with Special Policy Area 1' to `Mixed Use Corridor with Special Policy Area 11'. Based on the above -noted policies and planning analysis, staff is of the opinion that the proposed Official Plan Amendment represents good planning and recommends that the proposed Official Plan Amendment be approved. SECTION 4—THE AMENDMENT The City of Kitchener Official Plan (1994) is hereby amended as follows: a) Part 3, Section 13.2.3 Special Policies is amended by adding Special Policy 13.2.3.11 thereto as follows: io Page 171 of 222 I'll. Notwithstanding the Mixed Use Corridor land use designation and policies, applied to the lands located at 1770 King Street East 815 and 825 Weber Street East, the maximum Floor Space Ratio shall be.6.0. A Holding Provision shall be applied to residential uses, day care uses and other sensitive uses and will not be removed through a by-law amendment until such time as the City of Kitchener is in receipt of an Urban Design Report and until such time as a Record of Site Condition has been acknowledged by the Province and a Noise Study has been reviewed and approved by the Region of Waterloo. b) Map No. 10 — Secondary Plan - King Street East Neighbourhood Plan For Land Use is amended by designating the lands, municipally addressed as 1770 King Street East 815 and 825 Weber Street East, as `Mixed Use Corridor with Special Policy Area 11" instead of `Mixed Use Corridor with Special Policy Area 1', as shown on the attached Schedule `A'. 11 Page 172 of 222 APPENDIX 1: Notice of the Planning & Strategic Initiatives Committee Meeting (April 21, 2023) NOTICE OF PUBLIC MEETING fora development in your neighbourhood 1770 Ding Street East, 815 Et 825 Weber Street :East iL ,i 5i 4. 4 1. - i :":,I Concept Drawing, KITS :] 1�;iE Have Your Voice Heard! Date: May 15.2023 Location: Council Chambers, Kitche nor City Hall 200 King Street West orVirtu aI Zoorn Meeting ToView the .staff report, agenda, meeting details, start time of this item or to appear as a delegation, visit- kitchener.ca rrreetings To Learn more about this project. including information on your appeal rights, visit: www,kiit hener.ca/ I R FM . PlanningApplications ISO 0 or contact: 27 Storeys, High Rise Floor Spjce Craig DumarL Senior Planner 503 Dwelling Residential Ratio of 519.741.2200 x 7073 Units 6.0 cralg.dumart a?kitchener.ca The City of Kitchener will consider applications to amend the Official Flan and Zoning By-lawto facilitate the redevelopment of the lands with a 27 storey residential building with a Floor Space Ratio of 6.0 with 503 residential dwelling units, A total of 291 vehicle parking spaces and 406 bicycle parking spaces are proposed for the development. 270 spaces are proposed to be located within two storeys of underground parking, and 21 visitor panting spaces aro proposed to be located on the surface providing for a parking ratio of 0,55 parking spaces per dweIIing unit 12 Page 173 of 222 APPENDIX 2: Minutes of the Planning & Strategic Initiatives Committee Meeting (May 15, 2023) 13 Page 174 of 222 APPENDIX 3 - Minutes of the Meeting of City Council (May 29, 2023) 14 Page 175 of 222 _m Rq14 ORFS INS -2 RES INS -2 :DOLE 7 .DUL 173 MU -3 MAP NO. 1 KING WEBER KITCHENER HOLDINGS INC. 1770 KING ST E; 815 & 825 WEBER ST E 00 5 F SUBJECT AREA(S) AMENDMENT TO BY-LAW 85-1 N AREA 1 - FROM MU -3 HIGH INTENSITY MIXED USE CORRIDOR ZONE AND SPECIAL USE PROVISION 401 U TO MU -3 HIGH INTENSITY MIXED USE CORRIDOF ZONE WITH SPECIAL REGULATION PROVISION 790R AND HOLDING PROVISION 102H AREA 2 - FROM MU -3 HIGH INTENSITY MIXED USE CORRIDOR ZONE TO MU -3 HIGH INTENSITY MIXED USE CORRIDOF ZONE WITH SPECIAL REGULATION PROVISION 790R AND HOLDING PROVISION 102H 0 50 100 METRES SCALE 1:4,000 DATE: APRIL 17, 2023 BY-LAW 85-1 CR -4 COMMERCIAL RESIDENTIAL FOUR ZONE MU -2 MEDIUM INTENSITY MIXED USE CORRIDOR ZONE MU -3 HIGH INTENSITY MIXED USE CORRIDOR ZONE BY-LAW 2019-051 COM -2 GENERAL COMMERCIAL ZONE INS -2 MAJOR INSTITUTIONAL ZONE NHC-1 NATURAL HERITAGE CONSERVATION ZONE OSR-2 OPEN SPACE: GREENWAYS ZONE RES -2 RESIDENTIAL TWO ZONE RES -4 RESIDENTIAL FOUR ZONE RES -5 RESIDENTIAL FIVE ZONE ZONE GRID REFERENCE SCHEDULE NO. 173 OF APPENDIX'A' KITCHENER ZONING BY-LAW 85-1 AND 2019-051 _4 FLOODING HAZARD ECOLOGICAL RESTORATION ZONING BY-LAW AMENDMENT ZBA23/005/K/CD OFFICIAL PLAN AMENDMENT OPA23/002/K/CD City of Kitchener FILE ZBA23005KCD_MAP1 DEVELOPME T SERVICES DEPARTMENT, PLANNING mxd PROPOSED BY — LAW 2023 BY-LAW NUMBER OF THE CORPORATION OF THE CITY OF KITCHENER (Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener — King Weber Kitchener Holdings Inc. — 1770 King Street East, 815 and 825 Weber Street East) WHEREAS it is deemed expedient to amend By-law 85-1 for the lands specified above; NOW THEREFORE the Council of the Corporation of the City of Kitchener enacts as follows: 1. Schedule Number 173 of Appendix "A" to By-law Number 85-1 is hereby amended by changing the zoning applicable to the parcel of land specified and illustrated as Area 1 on Map No. 1, in the City of Kitchener, attached hereto, from High Intensity Mixed Use Corridor Zone (MU -3) with Special Use Provision 401U to High Intensity Mixed Use Corridor Zone (MU -3) with Special Regulation Provision 790R and Holding Provision 102H. 2. Schedule Number 173 of Appendix "A" to By-law Number 85-1 is hereby amended by changing the zoning applicable to the parcel of land specified and illustrated as Area 2 on Map No. 1, in the City of Kitchener, attached hereto, from High Intensity Mixed Use Corridor Zone (MU -3) to High Intensity Mixed Use Corridor Zone (MU -3) with Special Regulation Provision 790R and Holding Provision 102H. 3. Schedule Number 173 of Appendix "A" to By-law Number 85-1 is hereby further amended by incorporating additional zone boundaries as shown on Map No. 1 attached hereto. 4. Appendix "D" to By-law 85-1 is hereby amended by adding Section 790 thereto as follows: Page 177 of 222 790. Notwithstanding Sections 6.1.2, and 55.2.1 of this By-law within the lands zoned MU - 3 and shown as being affected by this subsection on Schedule Number 173 of Appendix `A' the following special regulations shall apply: a) The maximum Floor Space Ratio shall be 6.0. b) On-site Parking shall be provided as follows: i) Parking for multiple dwellings shall be provided at a rate of 0.58 spaces per unit. ii) Visitor Parking shall be sharable with non-residential uses and be provided at a rate of 7% of the required parking. iii) Bicycle and electric vehicle parking are to be provided in accordance with By-law 2019-051; c) In no case shall any parking be located within 16.0 metres of the street line unless located underground or internal to a building. d) Geothermal Energy Systems shall be prohibited." 5. Appendix "F" to By-law 85-1 is hereby amended by adding Section 102H thereto as follows: "102. Notwithstanding Section 55 of this Bylaw, within the lands zoned MU -3 and shown as being affected by this Subsection on Schedule Number 173 of Appendix "A": i) No residential use shall be permitted until such time as a Record of Site Condition is submitted and approved to the satisfaction of the Ministry of the Environment, Conservation and Parks (MECP). This Holding Provision shall not be removed until the Region of Waterloo is in receipt of a letter from the Ministry of the Environment, Conservation and Parks (MECP) advising that a Record of Site Condition has been completed to their satisfaction. ii) No residential use shall be permitted until such time as a Road Traffic, and Stationary Noise Study is submitted and approved to the satisfaction of the Regional Commissioner of Planning, Housing and Community Services, if necessary. This Holding Provision shall not be removed until the City of Kitchener is in receipt of a letter from the Regional Commissioner of Planning, Housing and Community Services advising that such noise study or studies has been approved and an agreement, if necessary, has been Page 178 of 222 entered into with the City and/or Region, as necessary, providing for the implementation of any recommended noise mitigation measures. iii) No development on the lands shall occur until such time as an Urban Design Brief is approved by the City's Director of Planning demonstrating a high quality of urban design that contributes positively to the public realm and streetscapes with adequate onsite amenity." 6. This By-law shall become effective only if Official Plan Amendment No. _ (1770 King Street East, 815 and 825 Weber Street East) comes into effect, pursuant to Section 24(2) of The Planning Act, R.S.O. 1990, c. P.13, as amended. PASSED at the Council Chambers in the City of Kitchener this day of 2023. Mayor Clerk Page 179 of 222 NOTICE OF PUBLIC MEETING for a development in your neighbourhood 1770 King Street East, 815 it 825 Weber Street East KiR7MENER Concept Drawing e 1A A t �i TL ffm Have Your Voice Heard! Date: May 15, 2023 Location: Council Chambers, Kitchener City Hall 200 King Street West orVirtuaI 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: 27 Storeys, High Rise Floor Space Craig Dumart, Senior Planner S03 Dwelling Residential Ratio of 519.741.2200 x 7073 Units 6.0 craig.dumart@kitchener.ca The City of Kitchener will consider applications to amend the Official Plan and Zoning By-law to facilitate the redevelopment of the lands with a 27 storey residential building with a Floor Space Ratio of 6.0 with 503 residential dwelling units. A total of 291 vehicle parking spaces and 406 bicycle parking spaces are proposed for the development. 270 spaces are proposed to be located within two storeys of underground parking, and 21 visitor parking spaces are proposed to be located on tlPagWd 00iofg222parking ratio of 0.58 parking spaces per dwelling unit. Internal memo Development Services Department www.kitchener.ca Date: March 29, 2023 To: Craig Dumart From: Nolan Beatty Subject: Zoning By -Law Amendment and Official Plan Amendment Application 1770 King Street East, 815 and 825 Weber Street E King Weber Kitchener Holdings Inc. ZBA23/005/K/CD OPA23/002/K/CD The below comments have been prepared through the review of the supplied Site Servicing Feasibility Study "SBM Functional Servicing Report.pdf', dated January 23, 2023 prepared by Strik Baldinelli Moniz Ltd.; in support of the above noted applications. General Comments: 1. Engineering is in support of the above applications. Any comments below can be used to direct detailed design. Sanitary: 2. Proposed flows for a potential building population of 1330 persons (larger population derived from Ontario Building Code) was verified in the City's model and indicate no impacts downstream of this development. Water (Angela Mick, Kitchener Utilities): 3. Any buildings over 84m tall require a second water service in accordance with Ontario Building Code section 3.2.9.7 (4). There should be a valve between the two services to allow for a feed from either service. 4. Water servicing should be from the 300mm PVC watermain on King Street E. (Regional Road 15). Stormwater Management (SWM): 5. A more thorough review of the site SWM will be conducted with detailed design. 6. Note: SWM fees with respect to retention or quality are assessed and calculated in the year in which they are to be paid. �K Nolan Beatty, C.E.T. Engineering Technologist Page 181 of 222 Craig Dumart From: Mike Seiling Sent: Tuesday, March 21, 2023 11:46 AM To: Craig Dumart Subject: FW: Circulation for Comment - 1770 King Street East & 815-825 Weber Street East (OPA/ZBA) Attachments: department & agency letter - 1770 King Street East.pdf Building; no concerns. A Record of Site Condition will be required for this project as part of the building permit process. The Consultant and owner likely know this but just in case they are not aware or in the process of securing. From: Christine Kompter<Christine.Kompter@kitchener.ca> Sent: Tuesday, March 21, 2023 11:41 AM To: MTO - Jeremiah Johnston (Jeremiah.Johnston@ontario.ca) <jeremiah.johnston@ontario.ca>; _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> Cc: Craig Dumart <Craig.Duma rt@kitchener.ca> Subject: Circulation for Comment -1770 King Street East & 815-825 Weber Street East (OPA/ZBA) Please see attached. Additional documentation can be found in AMANDA folders 23-104888 & 23-104890 (City staff) and ShareFile (external agencies). Comments or questions should be directed to Craig Dumart, Senior Planner (craig.dumart@kitchener.ca; 519=741-2200 0073). 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 182 of 222 Craig Dumart From: Johnston, Jeremiah (MTO) <Jeremiah.Johnston@ontario.ca> Sent: Friday, April 14, 2023 10:31 AM To: Craig Dumart Subject: Circulation for Comment - 1770 King Street East & 815-825 Weber Street East (O PA/Z BA) Attachments: Concept Site Plan.pdf Hi Craig, The Ministry of Transportation (MTO) has completed a review of the OPA/ZBA for the property located at 1770 King Street East & 815-825 Weber Street East received Tuesday, March 21, 2023, for the redevelopment of 815, 825 Weber St E, and 1770 King Street E. The site has been considered in accordance with the Public Transportation and Highway Improvement Act (PTH IA), MTO's Highway Corridor Management Manual (HCMM) and all related MTO policy. The following outlines our comments on the site overall: The site in in close proximity to Highway 7/8 in the vicinity of the subject property is a Class 1A — Provincial Freeway and designated as a Controlled Access Highway (CAH), with a posted speed of 90km/hr. As such, all requirements, guidelines and best practices in accordance with this classification and designation shall apply. The owner should be aware that the property falls within MTO's Permit Control Area (PCA), and as such, MTO Permits are required before any demolition, grading, construction or alteration to the site commences. In accordance with the Ontario Building Code, municipal permits may not be issued until such time as all other applicable requirements (i.e.: MTO permits/approvals) are satisfied. As a condition of MTO permit(s) MTO will require the following for review and approval: Building and Land Use Permit MTO Building and Land Use (BLU) Permit(s) would be required. As a condition of permits MTO would require the following for review: • The applicant would be required to submit an acceptable Site Plan, Grading Plan, Drainage Plan, Erosion Control Plan and Site Servicing Plan for MTO review and acceptance. These plans shall clearly identify all structures/works (existing and proposed). MTO would require all buildings, structures and features integral to the site to be located 7 metres from the existing MTO property limit, inclusive of parking lots, and stormwater management facilities. • Access from Montgomery Rd would not be acceptable to MTO. The existing access on Montgomery should be labeled with a note "Access to be closed". The 7.81 metre setback shown on the concept plan is sufficient. Traffic Impact Study The submitted TIS is currently under review for anticipated volumes of traffic and its impact upon the provincial highway network. MTO will provide comments to the City and Applicant prior to or through the site plan review process. Page 183 of 222 Should Highway improvements be identified as warranted and as a condition of MTO permits, the improvements will be designed and constructed to the standards and approval of MTO at the cost of the applicant. Sign Permit • MTO Sign Permit(s) would be required for any proposed signage visible from Highway 7/8. A MTO sign permit will be required prior to installation of signs. This is inclusive of any temporary signage. Thank you, Jeremiah Johnston Corridor Management Planner Corridor Management Section Ministry of Transportation Operations Branch West 659 Exeter Road, London, ON N6E ID M: (226)-980-6407 Page 184 of 222 City of Kitchener Zone Change Comment Form Address: 1170 King Street- 815-825 Weber Street Owner: Enter project address. Application #: OPA 23/002/K/CD ZBA23/005/K/CD Comments Of: City of Kitchener— Urban Design- Planning Commenter's Name: Pegah Fahimian Email: Pegah.fahimian@kitchener.ca Phone: 519-741-2200 Ext. 7342 Date of Comments: April 11, 2023 %" ❑ 1 plan to attend the meeting (questions/concerns/comments for discussion) �;1,rV ,, ❑X No meeting to be held ❑ 1 do NOT plan to attend the meeting (no concerns)% ilio i 1. Documents Reviewed: • Cover Letter /i; �� • Urban Design Brief- March 2023 • Concept Site Plans — Feb2023 ,,. • Wind Study -Pedestrian Wind Assessment —Boundary Layer WindT;unnel, Feb 2023 2. Site -Specific Comments & Issues: I have reviewed the documentation noted below submitte' in support of an OPA and ZBA to add a Site Specific Special Policy to the King Street East Secondary Plan,to allow for a floor space ratio of 6.0, and a „ '4 Zoning By-law Amendment is proposed to add a Special mjRegulation Provision to permit a Floor Space Ratio of 6.0 and allow for a reduction in parking t , 58 spaces per unit with 5% visitor parking being provided. The proposed amendments will allow for the development of 27 storey residential building with a floor space ratio of 6.0 with a total of 503 residential units. A' ,otal of 291 vehicle parking spaces and 406 bicycle parking spaces are provided in the,,develop`ent, with 270 spaces within two storeys of underground parking, and 21 spaces, including�,15 visitor,;parking spaces, are proposed to be located on the surface. Urban design staff are satisf'iedNfith fh"e revised development concept. While the concept of residential intensification on;this site is positive 'and many previous staff comments have been incorporated into the proposal, some design;mod,ifications must be addressed in the Site Plan Application to create a development p„rq 11 4`1 ell -designed and appropriate for this site and neighbourhood. 3. Comments'on Subrrmitted Documents i Urban,Desien"Brief- March 2023 Tall Building Design Analysis: The tall building design guidelines are an excellent compatibility test for proposals exceeding their zoning permissions. The proposal meets the overall intent of the City's Design for Tall Buildings Guidelines. A City for Everyone Working Together — Growing Thoughtfully — Building Community Page 1 of 4 Page 185 of 222 City of Kitchener Zone Change Comment Form Building Design: The proposed 8 -storey pedestrian -scaled podium along Weber and Montgomery Street is distinguished by tall towers and intended architectural treatment. Contemporary architectural style, details and building elevations are to be refined through the site plan process. • Given the location of this project, the proposed tower will be a city landmark and have a significant impact on the neighborhood. As a result, further design enhancement should be considered to improve its positive contribution to the local urban context. • The proposed tower step back does not sufficiently define the podium from the proposed tower. The step back is to be increased to provide a more pronounced separation between the tower and the podium base. At a minimum, the Urban Design Guidelines require a 3.0m offset.''This would also help with wind impacts due to the proposed large slab form. • The proposed 17 -storey slab building along Weber Street, due to its height, mass, and proximity to the ROW, will create an enclosed streetscape that hinders sky view and creates an overwhelming scale in the public realm. Additional setbacks /stepbacks should be provided to minimize the overwhelming scale at the pedestrian level. • The proposed architectural details on the 3D massing perspectives are not coordinated with the proposed building elevations. Further detailing and architectural articulation are to be provided on the 3D renderings. On-site Amenity area: Required amenity space calculations are contained in the Urban Design Manual and include two parts — one for a general amenity area and one for children's play facilities in multiple residential developments. (2m2 x #units) + (2.5m2 x #bedrooms - #units) = outdoor amenity space. The UDB did not provide any commentary or precedent images related to "the provision of robust on-site amenity space for all ages and abilities." Additional information should be provided regarding the various on-site amenity spaces in the UDB (common, individual, indoor, and outdoor). Shadow Studies, Cusimano Architects, March 2023 The submitted shadow analysis is acceptable as it confirms that the proposal -maintained access to at least 5 hours of cumulative direct sunlight to nearby sidewalks and open spaces. • Wind Study - Pedestrian Level Wind — Boundary Layer Wind Tunnel, Feb 2023 A full Wind Assessment should be provided for review at the site plan application stage. A revised design proposal should be developed that addresses the wind impacts outlined in the submitted wind study. A City for Everyone Working Together — Growing Thoughtfully — Building Community Pa 9 f86 of 222 City of Kitchener Zone Change Comment Form Concept Site Plans- Cusimano Architects, Feb 2023 • Active uses, including retails with outdoor patios or residential amenity areas, should be situated along Weber and Montgomery Road. • The proposed long slab podiums along Weber Street should be broken down using enhanced detailing and articulation. According to Tall Building Design Guidelines, buildings longer than 70m should demonstrate enhanced streetscaping, materials and building articulation. • The proposed corner treatment is to be further enhanced to create visual interest at Weber and Montgomery Road. This could be achieved by special massing and architectural treatments on both streets to give prominence along the frontages and visually distinguish these sites. i, % is moi.,. • The building facades fronting Weber, King and Montgomery Road should contain the primary residential entrances and the appropriate amount of glazing and articulation, particularly along the lower 5m where the building addresses the sidewalk. • Consider setbacks for the upper storeys in the tower, both to increase articulation/visual interest in the building and create room for shared outdoor amenity space. This will also facilitate the transition to low-rise neighbourhoods. • All at -grade parking should be wrapped with active uses. A City for Everyone Working Together — Growing Thoughtfully — Building Community 'MaEM7 of 222 City of Kitchener Zone Change Comment Form • The area between the building's face and the property line should be well integrated with the street and public realm to deliver high-quality and seamless private, semi -private and public spaces. • The tower should step back from its base a minimum of 3m along any street -facing elevations. • The underground parking structure should have a sufficient setback from the property lines to accommodate the necessary soil volume to support required large-statured, high -canopied trees. Perimeter trees should not be located on the garage slab roof. Within the site, required tree plantings can be accommodated on the garage slab but will still require standard minimum soil volumes. • Provide natural surveillance by employing high percentages of glazing, and active uses at groupd level and incorporate more units with patios and windows/balconies on the maI itli views onto the Street. • The proposed towers should have unique top features that are architecturally eXcell,ent, highly l ��� visible and makes a positive contribution to the image of Kitchener develop i►g skyline. • Provide materiality and texture shifts at the podium and across the towers and Incorporate variations in tower setbacks from the base to distinguish the toweFj< moi' rm from the podium. /��:, c:; • Wind assessment, shadow study and noise mitigation measures'shouldbe provided for outdoor amenities and the pedestrian realm.o„/ • Residential entrances should be clearly identified and offer access from both the public realm and % %. the private parking side of the building. The proposed main entrance is to be further enhanced to create visual interest at the street edge. (for example, cantilevered entrance canopy, corrugated - metal panels and fritted glass. '',, • Balconies may be staggered in a creative pattern to lighten the structure and provide private outdoor space for the units. • Towers are highly visible elements of theurban'environment and must meet Kitchener's highest standards for design excellence • All utilities should be coordinated,�,,landscape design and with building elevations to provide a high-quality pedestrian%', experience,,,withthe site and from the public realm. Infrastructure should be located within the If i mechanical/electrical rooms and exterior connections located discretely and incor orate physical screens or landscape plating as required. Surface transformers or en service connections,' i 1 e public realm are not supported. Summary Comments ;, In sump mart', Urban Design staff are supportive of the zone change/official plan amendment. While the 411, concept of residential intensification on this site is positive and many previous staff comments have been incorporated into the proposal, Urban Design staff recommend that the Urban Design Brief be endorsed, and that staff be directed to implement the Urban Design Brief through future Site Plan Approval processes. A City for Everyone Working Together — Growing Thoughtfully — Building Community P eEN 98 of 222 City of Kitchener OPA/ZBA COMMENT FORM Project Address: 815/825 Weber St E & 1770 King Street East Date of Meeting: No meeting scheduled - comments due April 12, 2023 Application Type: ZBA & OPA Comments Of: Transportation Services Commenter's Name: Steve Ryder Email: steven.ryder@kitchener.ca Phone: (519) 7412200 ext. 7152 Date of Comments: March ❑D I plan to attend the meeting (questions/concerns/comments for discussion) ❑ I do NOT plan to attend the meeting (no concerns) 1. Site Specific Comments & Issues: OPA/ZBA comments: The applicant is requesting Zoning By-law Amendments for this application located at 815 & 825 Weber St E & 1770 King St E. Transportation Services has reviewed the requested amendments and offer the following response: • Seeking permission to amend Section 6.1.2 a) to permit parking at a rate of 0.58 per unit for Multiple Dwelling Units greater than 51.0 sq.m. in size. o Transportation Services can support the above request to amend the required parking for Multiple Dwelling Units to a rate of 0.58 spaces per unit. • Seeking permission to amend Section 6.1.2 b) vi) C) to permit Visitor Parking at a rate of 4 % of required parking. o Transportation Services cannot support a Visitor Parking rate of 4% of the required parking with the following being considered: ■ An amendment to the visitor parking rate was not originally considered and therefore was not analyzed as part of the Parking Justification Study prepared by Paradigm Transportation Solutions Ltd (dated February 2023); ■ The proposed rate of 4% of required parking would yield (based on the current development concept of 291 parking spaces) only 12 visitor spaces. This is A City for Everyone Working Together — Growing Thoughtfully — Building Community Page 189 of 222 significantly deficient for a development that includes 503 residential units with no public paid parking options within a reasonable walking distance from the site. ■ Although the parking study includes the use of unbundled parking as a consideration for the overall reduced parking rate, the applicant has not yet confirmed if they intend to implement this measure as part of the development. Additionally, there is no mention of unassigned parking which would effectively open the entire parking supply for visitor parking use. ■ It is also worth noting that there is nothing preventing the property owner from removing unbundled and unassigned parking from the site once constructed, which would result in only 12 required visitor parking spaces, which was noted as being severely deficient for a development of this nature. ■ The necessity to provide of adequate visitor parking, even with significantly reduced residential parking rates, is due to the fact that we cannot control where visitors come from or how they access the site (by vehicle or an alternate mode of travel). Residents who live there are able to utilize those alternate modes of travel (ie. transit, cycling, walking) in order to live and work in the city, whereas visitors can come from all over and may not have any reasonable options to do so by using transit or cycling/walking. ■ Transportation Services can support a minimum of 7% of required parking to be dedicated to visitor parking, as this rate was previously approved for a similar development in close proximity to this site. ■ "That being said, Transportation Services strongly recommends that visitor parking be set at a minimum of 10% of required parking in order to sufficiently accommodate 503 residential units on site. This will help prevent vehicles from overwhelming nearby neighbourhoods with on -street parking." • In regard to the submitted Traffic Impact Study, also prepared by Paradigm Transportation Services Ltd., Transportation Services will defer to comments from both the Region of Waterloo and MTO. The Region of Waterloo owns both roadways with a proposed site access, in addition to them having authority over all traffic signal operations and timing. • As part of site plan approval, the applicant will be required to submit a Letter of Understanding outlining details of any Transportation Demand Management (TDM) measures that will be implemented as part of the development. o Transportation Services staff will review the Letter of Understanding and provide any redlines that may be required before it can be deemed satisfactory by the Director pf Transportation Services. 2. Plans, Studies and Reports to submit as part of a complete Planning Act Application: • N/A 3. Anticipated Requirements of full Site Plan Approval: • Letter of Understanding A City for Everyone Working Together — Growing Thoughtfully — Building Community Page 190 of 222 4. Policies, Standards and Resources: N/A 5. Anticipated Fees: • N/A A City for Everyone Working Together — Growing Thoughtfully — Building Community Page 191 of 222 Region of Waterloo Craig Dumart Senior Planner City of Kitchener 200 King Street West, 6th Floor P.O. Box 1118, Kitchener, ON N2G 4G7 Dear Mr. Dumart, PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES Community Planning 150 Frederick Street 8th Floor Kitchener Ontario N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4466 www. regionofwaterl oo.ca Melissa Mohr 1-226-752-8622 File: D17/2/23002 014/2/23005 April 12, 2023 Re: Proposed Official Plan Amendment OPA 23/02 and Zoning By-law Amendment ZBA 23/05 1770 King Street East and 815-825 Weber Street East MHBC Planning Inc. (C/O Pierre Chauvin) on behalf of King Weber Kitchener Holding Inc. (C/O Vive Developments Corporation) CITY OF KITCHENER MHBC Planning has submitted a site-specific Official Plan Amendment and Zoning By- law Amendment Application for a development proposal at 1770 King Street East and 815-825 Weber Street East (referred to as subject lands) in the City of Kitchener. The applicant has proposed to demolish the existing commercial buildings on site to construct a mixed-use commercial and residential multi -tower development consisting of eight (8), seventeen (17) and twenty-seven (27) storeys with a total of 503 residential units. A total of 291 vehicle parking spaces and 406 bicycle parking spaces are proposed within the development with 270 spaces within the underground parking structure. Twenty-one (21) surface parking spaces (including 15 visitor parking spaces) have also been proposed on site with vehicular access proposed from King Street East and Weber Street East. The subject lands are located in the Urban Area and designated Built Up Area in the Regional Official Plan. The site is designated Mixed Use Corridor in the King Street East Secondary Plan and in the City of Kitchener Official Plan and zoned High Intensity Document Number: 4355290 Version: 1 Page 192 of 222 Mixed Use Corridor Zone (MU -3) Zone with Special Use Provision 401 U in the City of Kitchener Zoning By-law. The applicant has requested an Official Plan Amendment to add a site-specific special policy to the King Street East Secondary Plan to allow a Floor Space Ratio (FSR) of 6.0 (whereas a maximum FSR of 4.0 is permitted). The applicant has requested a Zoning By-law Amendment to add a Special Regulation Provision to permit a FSR of 6.0. The Region has had the opportunity to review the proposal and offers the following: Regional Comments Consistency with Provincial Legislation and Regional Official Plan Conformity The subject lands are designated "Urban Area" and "Built -Up Area" on Schedule 3a of the Regional Official Plan (ROP) and the site is designated Mixed Use Corridor in the King Street East Secondary Plan in the City of Kitchener Official Plan. Planned Community Structure: The majority of the Region's future growth will occur within the Urban Area designation with a substantial portion of this growth directed to the existing Built -Up Area of the Region through reurbanization. Focal points for reurbanization include Urban Growth Centres, Township Urban Growth Centres, Major Transit Station Areas, Reurbanization Corridors and Major Local Nodes (ROP Section 2.B). Development occurring within the Urban Area shall be planned in a way that contributes to the creation of complete communities with development patterns densities and land uses that support walking, cycling and the use of transit which are serviced by a municipal drinking -water supply system and a municipal wastewater system. The development supports these policies as it proposes a higher density development with apartment style units connected by local water and sanitary services. ROPA 6: The subject lands are located in the Built Up Area as designated through ROPA 6. The development concept proposes a higher density development that contributes to the minimum intensification target established for the Built Up Area of Kitchener of 60%. Section 21 of ROPA 6 establishes policies to support the achievement of the minimum intensification targets within the delineated Built Up Area. Growth is directed to the Built Up Area of the Region to make better use of infrastructure that can assist in transitioning the Region into an energy efficient, low carbon community. Furthermore, intensification within the Built Up Area assists the gradual transition of existing neighbourhoods within the Region into 15 minute neighbourhoods that are compact, well connected places that allow all people of all ages and abilities to access the needs for daily living within 15 minutes by walking, cycling or rolling. This development proposes a higher density development with apartment style housing, in proximity to transit along King Street East and Weber Street East, which is encouraged through the policy framework contained in ROPA 6. Document Number: 4355290 Version: 1 Page 193 of 222 In addition to the above planning comments, Regional staff have the following technical comments relating to the proposed Official Plan Amendment and Zoning By-law Amendment: Environmental Threats/Record of Site Condition: There are high environmental threats on and adjacent to the subject lands due to past/historic uses of the subject lands and adjacent sites. As a density increase of a sensitive land use has been proposed on the subject lands, a Record of Site Condition and Ministry Acknowledgement letter shall be required for the entirety of the subject lands in accordance with the Region of Waterloo's Implementation Guideline for the Review of Development Applications on or Adjacent to Known and Potentially Contaminated Sites. As the Record of Site Condition and Ministry Acknowledgement Letter were not received as part of the Complete Application for the Zoning By-law Amendment and as a result the Region shall require a Holding Provision to be implemented as part of the Zoning By-law Amendment. The Holding Provision shall prohibit the proposed development until the submission of the RSC and the Ministry's Acknowledgement Letter have been received to the satisfaction of the Regional Municipality of Waterloo. The following wording is required for the holding provision: That a holding provision shall apply to the entirety of the subject lands until a Record of Site Condition (RSC) in accordance with O. Reg. 153/04, as amended, has been filed on the Ministry of Environment, Conservation and Parks (MECP) Environmental Site Registry and the RSC and Ministry's Acknowledgement letter is received to the satisfaction of the Regional Municipality of Waterloo. Noise Study Peer Review (Transportation and Stationary Noise): As per the Region's pre -submission comments, the Region indicated that the noise study may be peer reviewed at the applicant's expense. The Region has implemented a standardized peer review process for environmental noise studies. The Environmental Noise Study entitled "Noise Feasibility Study, Traffic and Stationary Noise Sources, Proposed Residential Development; 815 and 825 Weber Street East and 1770 King Street East, Kitchener, Regional Municipality of Waterloo, Ontario" prepared by HCG Engineering is a noise feasibility study that recommends a further study once details regarding the building design are known. Therefore, the Region recommends that a Holding Provision be imposed to obtain a detailed Environmental Noise for both transportation and stationary noise. , The detailed noise study shall be peer reviewed at the applicant's expense and the current fee for the peer review is $4,520.00. Regional staff require that the following Holding Provision be imposed on the lands to ensure a detailed Environmental Noise Study has been submitted and that the study's Document Number: 4355290 Version: 1 Page 194 of 222 recommendation and implementation measures are to the satisfaction of the Region. The required wording for the holding provision is: That a holding provision shall apply to the entirety of the subject lands until a satisfactory detailed transportation (road) and 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 noise (e.g. HVAC systems) on the sensitive points of reception and the impacts of the development on adjacent noise sensitive uses. Region of Waterloo International Airport: The subject lands are located within the Airport Zoning Regulation (AZR). The existing AZR height limit is 430.50m ASL with a maximum height restriction of 111.5m. The proposed AZR is 407.00m ASL with a proposed maximum height limitation of 88m. The developer has completed an aeronautical assessment, which justifies a maximum elevation of 457m ASL for the property and the concept plans submitted with the application show a maximum elevation of the building of 406.5m ASL. Therefore, there appears to be sufficient space for the operation of a future crane without reaching the maximum elevation of 457m ASL. In accordance with the submitted aeronautical report, Regional staff recommend that the Zoning By-law for the subject lands contain a maximum height permitted on site for buildings and any associated structures (e.g. rooftop HVAC, communication towers/antennas) of 457m ASL. Please be advised that any construction cranes cannot exceed this limit. In addition to the above, the applicant shall be required to complete and submit the following forms to NAV Canada and Transport Canada: NAV CAN F-LDU-100 Land Use Form https://www.navcanada.ca/en/aeronautical- information/land-use-program.aspx F-LDU-101 Crane Height Form https://www.navcanada.ca/en/aeronautical- information/land-use-program.aspx Transport Canada Aeronautical Assessment Form 26-0427E (1812-09) at https://wwwapps.tc.gc.ca/Corp-Serv-Gen/5/forms-formulaires/down load/26- 0427_BO_PX Corridor Planning: Official Plan Amendment and Zoning By-law Amendment Stage: Access Permit/TIS/Access Regulation: Regional staff have received the Transportation Impact Study (TIS) entitled "Weber Street and Montgomery Road, Kitchener, ON, Transportation Impact Study, Parking Document Number: 4355290 Version: 1 Page 195 of 222 Study and Site Circulation Review" prepared by paradigm Transportation solutions Ltd. dated February 2023 and have found it acceptable at this stage (Official Plan Amendment and Zoning By-law Amendment stage). Additional technical comments will follow at the site plan stage. The subject properties included in this application have numerous existing vehicular access locations to the municipal road network and the development concept provided with the application proposes a single full movement access to Weber Street East and King Street East. Region of Waterloo staff have no objections to the proposed access design at this stage and wish to advise that the King Street East access shall be a right- in/right-out access only due to the boulevard in the King Street East right-of-way. In addition, please be advised that a Region of Waterloo Access Permit for the closure of the existing accesses at King Street East and Weber Street East will be required under a future Site Plan. The application can be found on the Region of Waterloo website (https://forms.regionofwaterloo.ca/Planning-and-Economic-Development/Close- an-Access-Access-Permit-Application). Please be advised that there is a $230 fee associated with the application. Functional Servicing Report Regional staff have received the Functional Servicing Report entitled "Site Servicing Feasibility Study, Proposed Residential Development, 815 and 825 Weber Street East and 1770 King Street East, Kitchener, Ontario" dated January 23, 2023; prepared by SBM and accept the report at this stage (Official Plan Amendment and Zoning By-law Amendment stage). Please be advised that detailed comments relating to servicing and stormwater management will follow through the detailed design of the building at the site plan stage. Site Plan Application Stage: Access Permit/TIS/Access Regulation: A Regional Road Access Permit application will be required under a future Site Plan application for any alterations to the vehicular access locations to the Regional Road network. (https://www.regionofwaterloo.ca/en/doing-business/applications-licences-and- permits.aspx) Stormwater Management and Site Grading: Detailed civil engineering plans will be required for review and approval by Region of Waterloo staff through a future Site Plan application. Where possible, please coordinate with Region of Waterloo staff to ensure that any civil servicing requirements within the King Street East right of way are completed in advance or in association with the road re -construction project. Document Number: 4355290 Version: 1 Page 196 of 222 Transit Planning: Please be advised that there are multiple bus routes adjacent to the site with Route 8 (Weber Street) and Route 7 (King Street) servicing Kitchener and Waterloo and Go Transit servicing the Region with stops along both King Street East and Weber Street East. Please note that this application has been circulated to GRT Transit Planning staff and additional comments will follow at the site plan stage. Furthermore, please be advised that transit improvements and upgrades to existing services may be required at the site plan stage (e.g. new transit stops or the relocation of existing transit stops may be warranted at the applicant's expense). Regional Transportation Capital Program: This section of Weber Street East has been identified in the Region's 10 -Year Transportation Capital Program (TCP) for reconstruction in 2029/2030. For further information related to this project please contact Jason Lane at JLane@regionofwaterloo.ca. Site Plan Review Fee: The Region of Waterloo will require an $805 fee at the time of a future Site Plan application. Hydro -geology and Source Water Programs The subject lands are located in Wellhead Protection Sensitive Area 8 (WPSA 8); therefore, Regional staff require a prohibition on geothermal energy to be written into the zoning by-law. The required wording for the prohibition is: Geothermal Wells are prohibited on site. A geothermal well is defined as a vertical well, borehole or pipe installation used for geothermal systems, ground -source heat pump systems, geo-exchange systems or earth energy systems for heating or cooling, including open -loop and closed-loop vertical borehole systems. A geothermal well does not include a horizontal system where construction or excavation occurs to depths less than five meters unless the protective geologic layers overlaying a vulnerable aquifer have been removed through construction or excavation. Risk Management/Part 4 Area of the Clean Water Act Please be advised that the Section 59 Notices submitted with the application are invalid and Regional staff are working with the applicant to obtain an updated Risk Management Plan and Valid Section 59 Notices for each of the properties. This must be completed before City of Kitchener Council considers the applications. Housing Services The following Regional policies and initiatives support the development and maintenance of affordable housing: Regional Strategic Plan Document Number: 4355290 Version: 1 Page 197 of 222 10 -Year Housing and Homelessness Plan Building Better Futures Framework Region of Waterloo Official Plan The Region supports the provision of a full range of housing options, including affordable housing. Rent levels and house prices that are considered affordable according to the Regional Official Plan are provided below. Should this development application move forward, staff ask the Owner/Developer to consider providing a number of affordable housing units on the site, as defined in the Regional Official Plan. In order for affordable housing to fulfill its purpose of being affordable to those who require rents or purchase prices lower than the regular market provides, a mechanism should be in place to ensure the units remain affordable and establish income levels of the households who can rent or own the homes. For the purposes of evaluating the affordability of an ownership unit, based on the definition in the Regional Official Plan, the purchase price is compared to the least expensive of: Housing for which the purchase price results in annual accommodation costs $1,470 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 1 -Bedroom: $1,134 at least 10 percent below the average $576,347 purchase price of a resale unit in the 3 -Bedroom: $1,538 regional market area 4+ Bedroom: $3,997 *Based on the most recent information available from the PPS Housing Tables (2021). In order for an owned unit to be deemed affordable, the maximum affordable house price is $385,500. For the purposes of evaluating the affordability of a rental unit, based on the definition of affordable housing in the Regional Official Plan, the average rent is compared to the least expensive of. A unit for which the rent does not exceed 30 per cent of the gross annual $1,470 household income for low and moderate income renter households A unit for which the rent is at or below the Bachelor: $950 average market rent (AMR) in the 1 -Bedroom: $1,134 regional market area 2 -Bedroom: $1,356 3 -Bedroom: $1,538 4+ Bedroom: $3,997 Based on the most recent information available from the PPS Housing Tables (2021) Document Number: 4355290 Version: 1 Page 198 of 222 In order for a rental unit to be deemed affordable, the average rent for the proposed units which have fewer than 3 bedrooms must be at or below the average market rent in the regional market area as shown above. For proposed units with three or more bedrooms, the average rent for the units must be below $1,470. Fees: Please be advised that the Region has yet to receive the Official Plan Amendment and Zoning By-law Amendment review fees totalling $10,000. Regional staff understand that these fees have been submitted, but the Region has yet to formally receive the application fees. Follow Up: At this time, the following must be addressed prior to City of Kitchener Council considering the applications: 1. That the Region receives a Valid Section 59 Notice for each of the properties. 2. That the Region's review fees totaling $10,000 be received. Conclusions: Once the above items have been addressed to the satisfaction of the Regional Municipality of Waterloo, the following shall be implemented within the site-specific Zoning By-law Amendment to the satisfaction of the Regional Municipality of Waterloo: In accordance with the submitted aeronautical report, Regional staff recommend that the Zoning By-law for the subject lands contain a maximum height permitted on site for buildings and any associated structures (e.g. rooftop HVAC, communication towers/antennas) of 457m ASL. Please be advised that any construction cranes cannot exceed this limit. 2. The implementation of a holding provision to obtain a Record of Site Condition and Ministry Acknowledgement Letter for the entirety of the subject lands. The required wording for the holding provision is: That a holding provision shall apply to the entirety of the subject lands until a Record of Site Condition (RSC) in accordance with O. Reg. 153/04, as amended, has been filed on the Ministry of Environment, Conservation and Parks (MECP) Environmental Site Registry and the RSC and Ministry's Acknowledgement letter is received to the satisfaction of the Regional Municipality of Waterloo. 3. The implementation of a holding provision to obtain an Environmental Transportation and Stationary Noise study to the satisfaction of the Regional Municipality of Waterloo. The required wording for the Holding Provision is: That a holding provision shall apply to the entirety of the subject lands until a satisfactory detailed transportation (road) and stationary noise study has been Document Number: 4355290 Version: 1 Page 199 of 222 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 noise (e.g. HVAC systems) on the sensitive points of reception and the impacts of the development on adjacent noise sensitive uses. and, 4. That a geothermal prohibition be implemented within the site specific Zoning By-law. The required wording for the prohibition is: Geothermal Wells are prohibited on site. A geothermal well is defined as a vertical well, borehole or pipe installation used for geothermal systems, ground -source heat pump systems, geo-exchange systems or earth energy systems for heating or cooling, including open -loop and closed-loop vertical borehole systems. A geothermal well does not include a horizontal system where construction or excavation occurs to depths less than five meters unless the protective geologic layers overlaying a vulnerable aquifer have been removed through construction or excavation. Next Steps: Please be advised that any future development on the lands subject to the above -noted application will be subject to the provisions of Regional Development Charge By-law 19- 037 or any successor thereof. Further, please accept this letter as our request for a copy of the decision pertaining to this application. Should you have any questions, please do not hesitate to contact me. Yours truly, Melissa Mohr, MCIP, RPP Senior Planner C. MHBC Planning Inc. C/O Pierre Chauvin (Applicant) King Weber Kitchener Holding Inc. C/O Vive Development Corporation (Owner) Document Number: 4355290 Version: 1 Page 200 of 222 Craig Dumart From: Brandon Coveney <planning@wrdsb.ca> Sent: Wednesday, April 12, 2023 5:07 PM To: Craig Dumart Cc: Christine Kompter; Planning Subject: Re: [Planning] Circulation for Comment - 1770 King Street East & 815-825 Weber Street East (OPA/ZBA) You don't often get email from planning@wrdsb.ca. Learn why this is important April 12, 2023 Re: Circulation for Comment - 1770 King Street East & 815-825 Weber Street East (CPA/ZBA) Municipality: Kitchener Location: 1770 King Street East & 815-825 Weber Street East Owner/Applicant: King Weber Kitchener Holdings Inc. / MHBC Planning Ltd. Hi Craig, The Waterloo Region District School Board (WRDSB) has reviewed the above -noted application that proposes the amendments of OPA 23/002 and ZBA 23/005 to facilitate the construction of 503 residential units within a 27 storey tower, 17 storey tower, and 8 storey podium. The WRDSB offers the following comments: Student Accommodation At this time, the subject lands are within the boundaries of the following WRDSB schools: • Sheppard PS (Junior Kindergarten to Grade 6); • Sunnyside PS (Grade 7 to Grade 8); and • Eastwood Cl (Grade 9 to Grade 12). The WRDSB's 2020-2030 Long -Term Accommodation Plan provides information on student enrolment and accommodation at these schools. Eastwood CI is currently experiencing enrolment pressure and portable classrooms may be located on-site to provide additional capacity on an interim basis. Student Transportation The WRDSB supports active transportation, and we ask that pedestrians be considered in the review of all development applications to ensure the enhancement of safety and connectivity. Please be advised that Student Transportation Services of Waterloo Region (STSWR)'s school buses will not travel privately owned or maintained right-of-ways to pick-up/drop-off students. Transported students will be required to meet the bus at a congregated bus pick-up point. STSWR may have additional comments about student pick-up point(s) placement on municipal right-of-ways. Shadow Study The WRDSB has reviewed the shadow study provided within the circulation materials to determine the impact of the proposed development on the Eastwood Cl school site and sports field. Based on the provided modelling, there does not Page 201 of 222 City of Kitchener - Comment Form Project Address: 1770 King St E, 815 and 825 Weber St E Application Type: OPA and ZBA Comments of: Environmental Planning (Sustainability) — City of Kitchener Commenter's name: Kieran Luckhai Email: Kieran.Luckhai@kitchener.ca Phone: 519-741-2200 x 7078 Written Comments Due: April 12, 2023 Date of comments: April 12, 2023 1. Plans, Studies and/or Reports submitted and reviewed as part of a complete application• • Sustainability Statement — 815, 825 Weber Street East, and 1770 King Street East, prepared by MHBC, dated March 21, 2023 2. Comments & Issues: I have reviewed the documentation (as listed above) to support an Official Plan Amendment and a Zoning By-law Amendment for the proposed development of two multiple residential towers proposed at 17 and 27 storeys, 503 residential units in total, with 291 parking spaces provided in underground and surface parking, regarding sustainability and energy conservation and provide the following: • Although the Ontario Building Code (OBC) is advanced, going forward all developments will need to include robust energy conservation measures as the City (and Region of Waterloo) strive to achieve our greenhouse gas reduction target. • It is recommended that more progressive measures that go beyond the OBC be explored to further energy conservation, generation and operation, and benefit future residents/tenants. • Based on my review of the supporting documentation, the Official Plan and Zoning By-law Amendments can be supported as several sustainable measures have been proposed or are being considered for the development. • A Sustainability Statement (as per the City's Terms of Reference) will be required as part of a complete Site Plan Application which can further explore and/or confirm additional sustainability measures that are best suited to the development. • The City of Kitchener recognizes and appreciates sustainable measures incorporated in the development such as: o The compact built form o The utilization of existing servicing o Control measures to improve stormwater runoff quantity and quality 11 Page Page 202 of 222 o The consideration to encourage greater public transit use o Pedestrian supportive design o On-site secure bike parking promoting active transportation o Proposed low -flush toilets and low -flow shower heads o Building orientation for southern exposure reducing heating requirements o Cool/light coloured roofing material o Roof design to support future Solar Panel installation o Consideration for the reuse and recycling of construction and building materials o On-site garbage, recycling, and compost • Potential items for consideration for Site Plan: o Opportunity for community / common gardens and urban agriculture o Use of alternative water supply and demand management systems such as rainwater harvesting and grey water reuse or readiness of the development to incorporate such systems in the future o Further opportunity to advance landscaping options that support air quality and reduction in stormwater runoff o Immediate implementation of renewable energy systems such as ground source or air source heat pumps, roof -top solar panels, and solar thermal hot water systems 3. Policies, Standards and Resources: • Kitchener Official Plan Policy 7.C.4.5. The City will encourage and support, where feasible and appropriate, alternative energy systems, renewable energy systems and district energy in accordance with Section 7.C.6 to accommodate current and projected needs of energy consumption. • Kitchener Official Plan Policy 7.C.6.4. In areas of new development, the City will encourage orientation of streets and/or lot design/building design with optimum southerly exposures. Such orientation will optimize opportunities for active or passive solar space heating and water heating. • Kitchener Official Plan Policy 7.C.6.8. Development applications will be required to demonstrate, to the satisfaction of the City, energy is being conserved or low energy generated. • Kitchener Official Plan Policy 7.C.6.27. The City will encourage developments to incorporate the necessary infrastructure for district energy in the detailed engineering designs where the potential for implementing district energy exists. 4. Advice: ➢ As part of the Kitchener Great Places Award program every several years there is a Sustainable Development category. Also, there are community-based programs to help with and celebrate and recognize businesses and sustainable development stewards (Regional Sustainability Initiative - http://www.sustainablewaterlooregion.ca/our-programs/regional-sustainability- initiative and Travel Wise - http://www.sustainablewaterlooregion.ca/our-programs/travelwise). ➢ The 'Sustainability Statement Terms of Reference' can be found on the City's website under 'Planning Resources' at ... https://www.kitchener.ca/SustainabilityStatement 2 1 P Page 203 of 222 Craig Dumart From: Planning <planning@wcdsb.ca> Sent: Wednesday, April 12, 2023 3:55 PM To: Craig Dumart Subject: RE: Circulation for Comment - 1770 King Street East & 815-825 Weber Street East (OPA/ZBA) Good Afternoon Craig, The Waterloo Catholic District School Board has reviewed the subject application and based on our development circulation criteria have the following comment(s)/condition(s): A) That any Education Development Charges shall be collected prior to the issuance of a building permit(s). B) That the developer and the Waterloo Catholic District School Board reach an agreement regarding the supply and erection of a sign (at the developer's expense and according to the Board's specifications) affixed to the development sign advising prospective residents about schools in the area. C) That the developer shall include the following wording in the site plan agreement / any future condominium declaration to advise all purchasers of residential units and/or renters of same: "In order to limit risks, public school buses contracted by Student Transportation Services of Waterloo Region (STS WR), or its assigns or successors, will not travel on privately owned or maintained right-of- ways to pick up and drop off students, and so bussed students will be required to meet the bus at a congregated bus pick-up point." If you require any further information, please contact me by e-mail at Jordan. Neale@wcdsb.ca. Thank you, Jordan Neale Planning Technician, WCDSB 480 Dutton Dr, Waterloo, ON N2L 4C6 519-578-3660 ext. 2355 From: Christine Kompter<Christine.Kompter@kitchener.ca> Sent: Tuesday, March 21, 2023 11:41 AM To: MTO -Jeremiah Johnston (Jeremiah.Johnston@ontario.ca) <jeremiah.johnston@ontario.ca>; _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.Read man@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 Page 204 of 222 City of Kitchener Zone Change / Official Plan Amendment Comment Form Address: 1770 King Street East, 815 and 825 Weber Street East Owner: King Weber Kitchener Holdings Inc Application: OPA23/002/K/CD and ZBA23/005/K/CD Comments Of: Parks and Cemeteries Commenter's Name: Lenore Ross Email: Lenore.ross@kitchener.ca Phone: 519-741-2200 ext 7427 Date of Comments: April 05 2023 0 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 add a Site Specific Special Policy to the King Street East Secondary Plan to allow for a floor space ratio of 6.0 and a Zoning By-law Amendment is proposed to add a Special Regulation Provision to permit a Floor Space Ratio of 6.0 and allow for a reduction in parking to 0.58 spaces per unit with 5% visitor parking being provided. The proposed amendments will allow for the development of 27 storey residential building with a floor space ratio of 6.0 with a total of 503 residential units. A total of 291 vehicle parking spaces and 406 bicycle parking spaces are provided in the development with 270 spaces within two storeys of underground parking, and 21 spaces, including 15 visitor parking spaces are proposed to be located on the surface. Planning Justification Report Urban Design Brief, Windy Study, Shadow Study, Building Elevations Noise Feasibility Study Concept Site Plan Completed Application forms 2. Site Specific Comments & Issues: Parks and Cemeteries has no significant concerns with the proposed Official Plan and Zoning Bylaw amendments and can provide conditional support to the applications subject to the minor revisions noted below. arkland Dedication Parkland dedication requirements will be deferred at the OPA and ZBA and assessed according to the approved land use and density at the required site plan application and taken as cash in lieu of land and required as a condition of Site Plan Approval. A City for Everyone Working Together — Growing Thoughtfully — Building Community Pa e1of3 Page 205 of 222 City of Kitchener Zone Change / Official Plan Amendment Comment Form Based on the preliminary site concept with a site area of 0.6384ha; 503 units; a multi -residential building of 27 storeys, 17 storeys and 8 storeys with an FSR of 6.0; Parkland Dedication of $1,261,989 will be required. 503 units x $11,862 caped rate = $5,966,586 (Bylaw 2022-101) 0.6384ha x $19,768,000 x 0.1= $1,261,989 (More Homes Built Faster Act -10% land value cap) Street Trees As part of a future site plan application street trees will be required along all City -owned streets (Montgomery Road) and along Regional roads (King St E and Weber St E). Parks and Cemeteries will coordinate with the Region of Waterloo and Urban Design for review and approval. 3. Comments on Submitted Documents The following comments should be addressed at this time. 1) Urban Design Brief a) It is positive that the preliminary site concept and the Urban Design Brief indicate that at - grade and podium -level common outdoor amenity spaces will be provided as there is limited active park capacity within the Eastwood Planning Community to address all the active park needs of the anticipated 900+ new residents from this development. Within Section 4.2 Compatibility Analysis (pdf page 35-36) it would be beneficial to elaborate on the anticipated outdoor amenities referenced in the response to the criteria set forth in 4.C.1.8 e). It is recognized that detailed site design will occur as part of the formal site plan application, but the UDB should provide clear direction for robust on-site amenity spaces and include text and representative precedent images to guide future site plan applications and site development b) The UDB should also include a clear commitment to providing: i) all necessary noise and wind mitigation measures to allow the amenity spaces to function as proposed and ii) the structural capacity and soil volumes to allow mature tree growth in amenity spaces and support vegetation identified for wind mitigation c) A revised UDB or addendum is required. 4. Policies, Standards and Resources: • 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 Pa e2of3 Page 206 of 222 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 5. Anticipated Fees: Parkland Dedication Parkland dedication requirements will be deferred at the OPA and ZBA and assessed according to the approved land use and density at the required site plan application and taken as cash in lieu of land and required as a condition of Site Plan Approval. Based on the preliminary site concept with a site area of 0.6384ha; 503 units; a multi -residential building of 27 storeys, 17 storeys and 8 storeys with an FSR of 6.0) Parkland Dedication of $1,261,989 will be required. 503 units x $11,862 per unit cap rate = $5,966,586 (Bylaw 2022-101) 0.6384ha x $19,768,000 x 0.1 = $1,261,989 (More Homes Built Faster Act -10% land value cap) Dedication requirements are subject to the Parkland Dedication Bylaw, Policy and rates in effect. A City for Everyone Working Together — Growing Thoughtfully — Building Community Pa 689'2'07 of 222 Craig Dumart From: Carrie Musselman Sent: Thursday, April 6, 2023 9:33 AM To: Craig Dumart Subject: RE: Circulation for Comment - 1770 King Street East & 815-825 Weber Street East (O PA/Z BA) Hello Craig, Environmental Planning has no concerns and/or comments regarding the proposed OPA/ZBA at 1770 King St E & 815- 825 Weber St E. Regards, Carrie Musselman (she/her), BSc., Dip., MCIP, RPP Senior Environmental Planner I Planning I City of Kitchener 519-741-2200 x 7068 1 TTY 1-866-969-9994 1 carrie.musselmanCcDkitchener.ca From: Christine Kompter <Christine.Kompter@kitchener.ca> Sent: Tuesday, March 21, 2023 11:41 AM To: MTO - Jeremiah Johnston (Jeremiah.Johnston@ontario.ca) <jeremiahJohnston@ontario.ca>; _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> Cc: Craig Dumart <Craig.Dumart@kitchener.ca> Subject: Circulation for Comment - 1770 King Street East & 815-825 Weber Street East (OPA/ZBA) Please see attached. Additional documentation can be found in AMANDA folders 23-104888 & 23-104890 (City staff) and ShareFile (external agencies). Comments or questions should be directed to Craig Dumart, Senior Planner (craig.dumart@kitchener.ca; 519=741-2200 0073). Christine Kompter Administrative Assistant I Planning Division I City of Kitchener 200 King Street West, 61h 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 208 of 222 Craig Dumart From: Gina Georgiou Sent: Thursday, April 13, 2023 12:40 PM To: Craig Dumart; Garett Stevenson Cc: Debbie Chapman; Aislinn Clancy Subject: RE: 1770 King St E, 815 and 825 Weber St E Attachments: future site plansjpg The attached photo was attached with the plans for 1668 King st e. Are the "future" itemized items 1770 King St E? or is this a separate development not yet listed? Gina From: Craig Dumart <Craig.Dumart@kitchener.ca> Sent: March 30, 2023 19 -in pnn To: Gina Georgiou ___ ,- �_._ Garett Stevenson <Garett.Stevenson@kitchener.ca> Cc: Debbie Chapman <Debbie.Chapman@kitchener.ca>; Aislinn Clancy <Aislinn.Clancy@kitchener.ca> Subject: RE: 1770 King St E, 815 and 825 Weber St E Good afternoon, Thank you for taking the time to provide comments on the proposed development at 1770 King St E, 815 and 825 Weber St E. Staff look forward to discussing the development further at the upcoming neighborhood meeting April 131h I have provide responses to your comments below in red. If you would like to discuss in advance of the Neighbourhood Meeting please let me know and I can set up a phone call to discuss. Thanks, Craig Dumart, BES, IVICIP, RPP Senior Planner I Planning Division I City of Kitchener (519) 741-2200 ext 7073 1 TTY 1-866-969-9994 1 craig.dumarW( kitchener.ca ' ase the projedts` I r laces -you love. �littations' are --' w erten for; Kitchener's Grea4 Places. awards. Page 209 of 222 From: Garett Stevenson <Garett.Stevenson@kitchener.ca> Sent: Wednesday, March 29, 2023 8:03 PM To: 'Gina Georgiou'. >; Committee of Adjustment (SM) <CommitteeofAdjustment@kitchener.ca> Cc: Craig Dumart <Craig.Duma rt@I<itchener.ca>; Aislinn Clancy <Aislinn.Clancv@kitchener.ca>; Debbie Chapman <Debbie.Chaoman(Dkitchener.ca> Subject: RE: 1770 King St E, 815 and 825 Weber St E Good evening Ms. Georgiou, I want to clarify for you that the answers you received previously were truthful. Staff, including myself, provided you with the information we had in 2021, provided by the previous owner. The previous owner has now sold the land and the new owner is not pursuing with the finalization of the severance applications from 2021 and has submitted applications for a different proposal. We have re- engaged the community as we now have a new development proposal. Craig will be following up to your questions below and I am glad you will be attending the meeting on April 13. 1 will see you then. Thanks, Garett Garett Stevenson, BES, RPP, NICIP Interim Director I Planning Division I City of Kitchener y $ Q Rhe prgjeetl • .�_ .' : l$ces you love. • 'r' omihatiollsare a now open for. Kitchener s 'Bre t Flares awards. From: Gina Georgiou Sent: Wednesday, March 29, 2023 1:16 PM To: Committee of Adjustment (SM) <CommitteeofAdjustment@kitchener.ca> Cc: Garett Stevenson<Garett.Stevenson@kitchener.ca>; Craig Dumart <Craig.Dumart@kitchener.ca>; Aislinn Clancy <Aislinn.Clancv@kitchener.ca>; Debbie Chapman <Debbie.Chapman@kitchener.ca> Subject: 1770 King St E, 815 and 825 Weber St E Well... I guess the answers I received when I last inquired about this "severing of property" were not truthful and the city wonders why the public does not have trust in them. I hope, unlike 1668 King St communication/development, that: a) Professionals are hired by the City of Kitchener, not by the Developer to assess the impacts of this development. An example of this from my learnings on the 1668 King St E project, was that the developer hired their own firm to determine the flight path and the height restriction, and we all know how that turned out (the hired firm was incorrect). I see the development proposed is for 27 stories, where it was observed that for 1668 King st, the max height was only 23 or 24 stories. Page 210 of 222 Supporting document's for the proposed OPA/ZBA are prepared by external professionals and reviewed by City staff. In the case of 1668 King Street east, the aviation consultant who prepared the report was correct and determined additional height was permitted within the Federally Regulated Airport Zoning (also referred to as Airport Zoning Regulations, AZR). AZR's supersede provincial and municipal planning policies and by-laws, an they are not included in City Zoning By-law. As such there is no existing height cap in the City's Zoning By-law for the subject lands as such an amendment for height increase is not necessary. Existing planning framework allows for a maximum floor space ratio of 5.0 and the applicant is requesting an amendment to increase the floor space ratio to 6.0. b) A documented and accessible list of the comments brought forth by the community regarding this proposed development, along with indications of whom addressed the issues, as well as the reasoning why items can or cannot be met. All planning staff reports include public comments provide as an appendix to the report. The staff report also summarizes key themes that were identified and provide responses. c) The traffic studies should also include the traffic that will be impacted by 1668 King St East development, as well as the proposed development around the corner on 20 Ottawa St N (former Wright Auto Mall) and the development by 1111 Weber St E (by the Freshco) as they all will share the same artery. A traffic impact study was provided that will be review by City and Regional transportation staff along with the MTO. Modeling for increase traffic includes approved development applications. d) The # of bedrooms broken down as well, as a valid study (that was not provided when going through the 1668 King S East development) showing the need for 1, 2, 3 and 4 bedrooms. Affordable units (for those on pensions or other government funded programs) and barrier free units for those with disabilities. The City of Kitchener does not regulate number of bedrooms and this is a comment we are hearing from residents with many of our development applications and we are continuing to study housing options based on census data, demand, and market sales. While the City does not regulate the number of bedrooms, a mix of unit types is strongly encouraged and we have been working with a few developers on recent applications to include 3 bedroom units which have been put on the market, but we know that sales have slowed for all unit types so we don't have sales data yet. we know that 3 bedroom units are larger, and cost more, and have higher condominium common fees, and in some cases are more expensive than ground oriented housing like a single or semi in the same neighbourhood • In September we received new housing census data — we know; • We have 99805 dwelling units in Kitchener • 61% are 3+ bedrooms • We also know household data now as well • 58% of households have 1-2 people (26% 1 person, 32% 2 people) • 15% of all dwellings are in buildings greater than 5 storeys • When you compare the household and housing data, we have 27,000 3+ bedroom homes are occupied by one or two people. • Meaning 44% of all large units in Kitchener have more bedrooms than people living in the dwelling • We are currently undertaking a Missing Middle study that is looking at root causes of these results and how do we get housing types of all sizes across the City. There are not any existing planning tools the City of Kitchener has to require affordable dwelling units. I can confirm this proposed development is for purpose built rentals which is a more affordable housing option than home ownership. I can confirm 15% of the dwelling units will be barrier free accessible. Page 211 of 222 e) Accessibility for pedestrians to the bus stops on Weber through to King St. The proposed development fronts directly onto Weber Street, and King Street, both that have existing sidewalks connecting to existing bus stops. Look forward to attending the meeting on April 13tH Thank you Floral St Resident Gina From: Gina Georgiou - > Sent: July 9, 20213:59 PM To: Committee of Adjustment (SM)<CommitteeofAdiustment@kitchener.ca> Subject: Re: Participation request for next meeting Hi Kristen. I do not wish to speak. I received some answers. Hopefully the parties are being truthful. Gina Get Outlook for Android From: Committee of Adjustment (SM)<CommitteeofAdiustment@kitchener.ca> Sent: Tuesday, July 6, 20214:26:45 PM To:'Gina Georgiou' < Subject: FW: Participation request for next meeting Hi Gina, I wanted to follow up with you regarding your interest to be involved in the July 201h Committee of Adjustment meeting. If you plan on registering to speak in the meeting please do so by July 19th. My previous email is below with how to register. If you would like to submit a written submission/comment, please do so by 8:30 a.m on July 20tH If you need any assistance, please reach out. Best, Kristen Hilborn Administrative Clerk I Corporate Services I City of Kitchener 519-741-2200 ext. 7594 1 TTY 1-866-969-9994 1 kristen.hilborn(a)kitchener.ca OR- (a 0 0 C Q From: Committee of Adjustment (SM) Sent: Friday, July 2, 202110:52 AM To: 'Gina Georgiou' 4 Page 212 of 222 Craig Dumart From: J Moore Sent: Monday, April 3, 2023 9:20 AM To: Craig Dumart Cc: Chris Nechacov Subject: Re: Scheduling Clarification I'! I You don't often get email from im. Learn why this is important Hello Craig: Thanks so much for your immediate response. Both initiatives are of interest to me since I live in the middle of the catchment area under review and under development. I would appreciate receiving the recording of the meeting regarding the proposed condo development project. Regards Jane Moore On Mon, Apr 3, 2023 at 8:59 AM Craig Dumart <Craig.Dumart@kitchener.ca> wrote: Hi Jane, If you are unable to attend the virtual neighbourhood meeting on April 13t' for the proposed development at 1770 King St E I would be happy to setup a meeting with you directly to discuss the proposed development. Furthermore, a recording of the meeting will be available for those who cannot attend. Craig Dumart, BES, MCIP, RPP Senior Planner I Planning Division I City of Kitchener (519) 741-2200 ext 7073 1 TTY 1-866-969-9994 1 craig.dumartCcDkitchener.ca kv'it I�fSf 9i @ as.',the projects laces :you love. plinations are n w open for Kitchener's '! Great.,Places awards. rif � Page 213 of 222 From: J Moore Sent: Sunday, April 2, 2023 6:03 PM To: SchneiderCreekEA (SM) <SchneiderCreekEA@kitchener.ca>; schneidercreekea@stantec.com; Craig Dumart <Craig.Dumart@kitchener.ca>; Aislinn Clancy <Aislinn.Clancv@kitchener.ca> Cc: J Moore Subject: Scheduling Clarification F jj You don't often get email from Learn why this is important Hello to all of you! Can you please confirm that the Virtual Zoom Meeting for the proposed development of the property currently known as 1770 King St E., 815 and 825 Weber St E., is scheduled for April 13 // 2023 at 7:00 PM and The in person Public Information Centre regarding the environmental review of the Schneider and Shoemaker Creeks is booked for April 13 // 2023 from 6:00 PM - 8:00 PM at Rockway Golf Course? Regards Jane Moore Page 214 of 222 Craig Dumart From: Sent: To: Subject: it You don't often get email from Dear Chris and Steve, CC: Craig Dumart Quinn DuPont Dm> Tuesday, April 11, 2023 9:19 AM Craig Dumart; schneidercreekea@stantec.com; SchneiderCreekEA (SM) Feedback re Schneider creek naturalization dl.com. Learn why this is important I am a resident of the King East area just north of the Schneider creek area. I wholeheartedly support the initiative to re - naturalize the river. This will support wildlife and the health of our city. However, as is well appreciated by city planners, the King East area is undergoing massive, intensive, development, with no current provisions to address the lack of parks and recreation in the area. This area is already critically underserved, having being neglected by downtown planners and yet rapidly developing with no infrastructure to accommodate the population growth. While this project is slated (and budgeted) for flood mitigation, the opportunity to attach park space to this project is one the city must consider, or else set aside large areas of land in the area for parks and recreation. In particular, the city should consider riverside park space, much like in cities such as Berlin, or Dublin's canal system. In these cities, residents often spend time next to the river, enjoying picnics and the like. The area around Kent street (currently an industrial wasteland) should be rehabilitated and naturalized to accompany park land along the entire length of the river. Park land is becoming a critical issue for residents (and many young families) in the King East area. I speak for many of my neighbors, who see the need for further development but also require appropriate infrastructure, especially common spaces set aside for public use. Warm regards, Quinn DuPont P.S. I am unable to attend the information session on April 13 and would like this email to register my opinion. Page 215 of 222 Craig Dumart From: Hayden Short Sent: Monday, April 10, 2023 5:01 PM To: Craig Dumart Subject: 825 Weber St E kitchener ontario building plans Follow Up Flag: Flag Status: fl You don't often get email from Hi Craig, Flag for follow up Flagged im. Learn why this is important I seen the Building plans that are being discussed for 825 Weber St E kitchener ontario, I see that they are not offering any commercial space. What does this mean for the already existing businesses in the small strip mall at 825 Weber st e, such as the restaurants or dentists, pizza place etc. Thank you Page 216 of 222 Craig Dumart From: Sent: Wednesday, April 12, 2023 7:23 PM To: Craig Dumart Cc: Debbie Chapman; Aislinn Clancy Subject: Fw: 1770 King St East, 815 and 825 Weber Street East Craig, I forgot to mention one concern. I should not even have to ask but how many of the units in this building will be for people on a fixed income eg. CPP, Disability pension etc? I hope that we have made some progress in our city to influence the type of building/units our city needs vs. what the builder wants. Many of our residents are unable to afford to live in the buildings that are continually approved. IF this builder is unable to accommodate our city and needs then it's maybe time to say no. In my opinion the city should be embarrassed by allowing a monetary donation that is not sustainable to what we really need. Forwarded Message ----- From: > To: Craig Dumart <craig.dumart@kitchener.ca> Cc: Debbie Chapman <debbie.chapman@kitchener.ca>; aislinn.clancy@kitchener.ca <aislinn.clancy@kitchener.ca> Sent: Wednesday, April 12, 2023 at 04:07:23 PM EDT Subject: 1770 King St East, 815 and 825 Weber Street East Craig, these comments are a day late however I am sure that you can manage them. I am approaching this a little different this time as I suspect that there is nothing anyone can do to mitigate what you will ultimately approve. 1) When we talked about 1668 King St E there was never a master list of people's concerns. I recognize that you will categorize the concerns raised by citizens - however I would like to see a master list, without it - how can you be assured that everyone's concerns or themes are recognized. If you are asking the community for input I believe this is a fair request. 2) The building is wat too high - is this within the allowable floors aviation will allow? It is two floors higher than 1668 King st e. It doesn't seem right that this is higher? 3) The traffic impact study - from 2019 projected to 2033 with a 2.5 increase per year. Which of the new buildings that have been approved by the city along the king/weber corridor were included in the traffic assessment for this building? 4) Noise - the noise will be exceeded with this building as it was with 1668 King St E, there are numerous recommendations for occupants of the building at what point does planning and or council become concerned with noise levels for the existing residents? 5) Parking - with so many transit stops and so few parking spots being offered, why not go with zero parking for this building? 6) Collisions - the files say there were 73 collisions at the King St / Montgomery/Dixon Intersection in 10 years. I have no stats to provide but feel this number is significantly lower than actual. Page 217 of 222 7) If you allow this building to proceed you will taking all the amenities that are in walking distance from this neighborhood. 8) The carbon foot print from a building this size is massive, a smaller building would be much cleaner. 9) 1, 2, and 3 bedroom mix. I see all the stats on only 2 people live in 3 bedrooms etc. but for any of us that work from home - one of the bedrooms is most often used for home office. I strongly suggest they need more 2/3 bedroom than 1. I would really like to see several smaller apartment buildings of 8 -10 stories that would not obstruct the neighborhood and create less carbon footprint. In addition, the city approved the development at 1668 King St E with many voices indicating that we should get this built Kitchener really needs it. The day after that meeting it was revealed that Vive development had leased the property to the Working Centre for a shelter. Should that building not get built before we approve another one in the same area? I'm sure I will have additional comments following the presentation. Page 218 of 222 Craig Dumart From: Craig Dumart Sent: Monday, April 10, 2023 10:06 PM To: n; Aislinn Clancy; Subject: RE: 1770 King Street Kitchener Development Attachments: POSTCARD - NOTICE OF APPLICATION AND NIEGHBOURHOOD MEETING.pdf Good evening Randall, A neighbourhood planning meeting is scheduled this Thursday at 7pm. I have attached the postcard that was circulated to all residents within 240 metres of the subject land. IF you did not received the postcard it may have been because you are outside of the 240 metre radius. I have added you to the email distribution list to keep you informed on the application. A Council decision on the proposed development will be made this spring. I have responded to your questions in Red below. Craig Dumart, BES, MCIP, RPP Senior Planner I Planning Division I City of Kitchener (519) 741-2200 ext 7073 1 TTY 1-866-969-9994 1 craig.dumart(c�kitchener.ca tirfiSvX ase 'the projects laces you love. ominations are bw open for Kitchences Gret -Places awards. From: Aislinn Clancy <Aislinn.Clancy@kitchener.ca> Sent: Monday, April 10, 2023 8:49 PM Tr Cc Dumart <Craig.Dumart@kitchener.ca> Subject: RE: 1770 King Street Kitchener Development Hi Randal, Thanks for sharing your concerns. I'll Let Mr. Dumart give you his insights and details on the project. I think it was discussed at our November meeting. Or perhaps January. If you go to kitchener.ca, there would be the agenda and minutes of the meeting and you could find it. Mr. Dumart might remember the exact date. Page 219 of 222 Unfortunately due to the Major Transit Station Area (MTSA) rules, we can't negotiate the height of the building which is still surprising to me. As a city councillor, I'd like to have more influence to request that these buildings are smaller, as it is a dramatic change from a single family dwelling zone to a high rise. We are working on zoning now to find some middle ground. Again, sorry for the impact you worry about. I hope things turn out better than you anticipate. Mr. Dumart will share more details of the project. I hope you can look for them and we can have a chat if you'd like. Aislinn From: _a Sent: Monday, April 10, 2023 1:41 PM To: Craig Dumart <Craig.Dumart@kitchener.ca> Cc: Aislinn Clancy <Aislinn.Clancy@kitchener.ca>; Subject: 1770 King Street Kitchener Development Questions regarding the high rise proposal at 1770 King Street Kitchener Development. Firstly I should apologize since I only just became aware of this plan. I live ( I somehow I managed to miss the step one and two of this process so the questions I ask may have been already answered. 1) When did this get zoned for high occupancy buildings and why or is it? The subject lands along this stretch of King Street East are Designated and Zoned as a High Intensity Mixed Use Corridor. The in -effect zoning was approved in the 1980's. 2) Who authorized the zoning? City of Kitchener Council. 3) How many other high density dwellings are under consideration for this area and what are the details regarding the size and location of the dwellings? It is obvious to me with all the houses flattened on Charles Street and the other side of Ottawa Street as well as activities around the old Swabben Club. The information is probably available but I don't know where to find it. All of King Street East from the expressway to downtown is a mixed use corridor. Mixed use corridors are where mixed use developments are planned for redevelopment. To learn more about planning applications in your neighbourhood or the city as whole please visit our planning storymaps here: https://experience.arcgis.com/experience/bb2db3e6lbd043209clfl6dl6a3cedOc/page/Current- Applications/?data id=dataSource 10 -Planning Applications Active 5584%3A12824&views=view-2 Featurelnfo art - Copy 4) The general plan layout is does not show apartment or condo layouts. Is it known the type of units (size, bedrooms, bathrooms etc.)? A mix of unit types are proposed. However it is important to note that the number of bedrooms, and unit sizes is not something the city of Kitchener Zoning by-law regulates. While the City of Kitchener does not regulate number of bedrooms and this is a comment we are hearing from residents with many of our development applications and we are continuing to study housing options based on census data, demand, and market sales. While the City does not regulate the number of bedrooms, a mix of unit types is strongly encouraged and we have been working with a few developers Page 220 of 222 on recent applications to include 3 bedroom units which have been put on the market, but we know that sales have slowed for all unit types so we don't have sales data yet. we know that 3 bedroom units are larger, and cost more, and have higher condominium common fees, and in some cases are more expensive than ground oriented housing like a single or semi in the same neighbourhood • In September we received new housing census data — we know; • We have 99805 dwelling units in Kitchener • 61% are 3+ bedrooms • We also know household data now as well • 58% of households have 1-2 people (26% 1 person, 32% 2 people) • 15% of all dwellings are in buildings greater than 5 storeys • When you compare the household and housing data, we have 27,000 3+ bedroom homes are occupied by one or two people. • Meaning 44% of all large units in Kitchener have more bedrooms than people living in the dwelling • We are currently undertaking a Missing Middle study that is looking at root causes of these results and how do we get housing types of all sizes across the City. There are not any existing planning tools the City of Kitchener has to require affordable dwelling units. However, I can confirm this proposed development is for purpose built rentals which is a more affordable housing option than home ownership. I can also confirm that 15% of the dwelling units will be barrier free accessible. 5) If it is known, what are the details or where do I find them? See response above. 6) I live in the neighbourhood and the average residence has more than one car. In fact I know of no residence having no car. How does the designer expect that 503 residences will get by with only 291 parking spaces? This means 212 residences have no parking space. This is not including visitors for which there are a few spaces provided which again is not even close to enough. Where do the extra cars park? On a personal note, I find it humorous the development highlights bike parking. Mine are in a garage and I suspect most would take them to their apartments rather than risk damage or theft. I don't know the security so maybe it could work. I may be wrong but if they have worked thru these details I hope the details of the apartments are detailed as well. A traffic impact study was provided that will be review by City and Regional transportation staff along with the MTC. Modeling for increase traffic includes approved development applications. 7) What would the cost of these apartments be or is it known? Size versus cost? This is not within the realm of the planning application. However, I anticipate market rate rentals will be offered. 8) Is there a total development cost for the project? This is not within the realm of the planning application. 9) Are all the businesses dislodged by this plan on side with this plan or does the city care? Demolition of existing buildings will be required for the redevelopment of the site. I do not know the status of current leases of the buildings nor is that within the realm of this planning application. Page 221 of 222 These are just a few questions that come to mind. As a neighbourhood resident I am definitely against this plan as presented. I purchased my house 33 years ago because of its low density population and access. Implementing this plan would destroy my home value. MHBC should double the parking before this is even considered. I absolutely don't want my street turned into a parking lot because this plan was not thought thru correctly. That is not to deter from the fact I don't want my back yard view to include a 27 story apartment building. I paid and pay good taxes to avoid this. If there is an up side to this for me, please tell me. There is no doubt that putting this up will dramatically increase taxes for this square footage but what does that have to do with me? You aren't lowering my taxes any to reflect it. I bought my home to avoid this. Put it down the street near the LRT. This will kick the shit out of the value of my house turn my street and others into parking lots. If you think putting bike racks will reduce traffic I respectfully suggest you are disillusioned. Maybe in 30 years or so but it will immediately have the other highlighted problems with cars. This is not addressing any of the other infrastructure problems involving the increased population such as schools stores etc. Noted. Thank you for all your comments. Randall Kennedy Page 222 of 222