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HomeMy WebLinkAboutDSD-2023-260 - 130-140 Highland Road East - OPA22/016/H/BB - ZBA22/028/H/BB - 270 Development Inc.Staff Repot t Develon177ent Services Department www.kitchener. ca REPORT TO: Planning and Strategic Initiatives Committee DATE OF MEETING: June 19, 2023 SUBMITTED BY: Garett Stevenson, Interim. Director of Planning, 519-741-2200 ext. 7070 PREPARED BY: Brian Bateman, Senior Planner, 519-741-2200 ext. 7869 WARD(S) INVOLVED: Ward 9 DATE OF REPORT: May 25, 2023 REPORT NO.: DSD -2023-260 SUBJECT: 130-140 Highland Road East Official Plan Amendment Application OPA22/016/H/BB Zoning By-law Amendment Application ZBA22/028/H/BB Owner: 270 Development Inc. :7role] ihIki14kiIm7_'IIII us] kiI That Official Plan Amendment Application OPA22/016/H/BB for 270 Development Inc. be adopted, in the form shown in the Official Plan Amendment attached to Report DSD -2023-260 as Attachments A, and, accordingly, forwarded to the Regional Municipality of Waterloo for approval; and, That Zoning By-law Amendment Application ZBA22/028/H/BB for 270 Development Inc. be approved in the form shown in the Proposed By-law and Map No. 1, attached to Report DSD - 2023 -260 as Attachments `B'; and further, That the Urban Design Brief prepared by MHBC Planning, (Revised dated April 2023), attached as Attachment `C' to report DSD -2023-260 be endorsed, and that staff be directed to implement the Urban Design Brief through future Site Plan Approval processes. REPORT HIGHLIGHTS: The purpose of this report is to evaluate and provide planning recommendations regarding the Official Plan Amendment and Zoning By-law Amendment applications requested by 270 Spadina Inc. for the subject lands, addressed as. 130-140 Highland Road West and 270 Spadina Avenue. It is Planning staff's recommendation that the Official Plan Amendment be adopted and the Zoning By- law Amendment be approved. The proposed amendments will support the creation of a high-rise residential development with a building height of 17 storeys, 211 dwelling units, commercial space and ground floor live/work units, within a Neighbourhood Node. As a Neighbourhood Node, this site is planned for intensification. Additionally, 130 Highland Road West is a former gas station and through the re -development, the lands will be cleaned up and remediated. Community engagement included: o Circulation of a preliminary notice postcard to property owners and occupants within 240 metres of each of the subject lands; ** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 551 of 792 o Installation of billboard notice signs; o Virtual neighbourhood meeting held on February 9, 2023; o Postcard advising of the statutory public meeting was circulated to all property owners and occupants within 240 metres of the subject lands, those who responded to the preliminary circulation, and those who attended the neighbourhood meeting; o Notice of the public meeting was published in The Record on May 26, 2023. This report supports the delivery of core services. *7xUjdVA:Mll►yiIM/_1:x16 Official Plan and Zoning By-law Amendment applications have been submitted for the redevelopment of properties municipally known as 130 and 140 Highland Road East. The site includes the recently refurbished Phase 1 building and Phase included a 6 -storey addition to the existing 6 -storey multiple dwelling, which is currently under construction, on the portion of the subject lands known as 270 Spadina Road East. Phase I I I of the redevelopment (the subject of this report) will include the development of the portion of the lands known as 130-140 Highland Road East with a 17 -storey purpose built rental multiple residential building located at the corner of Highland Road West and Spadina Avenue. The subject lands are legally described as Part Lot 366 Subdivision of Lot 17 German Company Tract German Company Tract Part Lot 2 of Plan 183 in Kitchener. Planning staff is recommending that the Official Plan Amendment be adopted, and the Zoning By-law Amendment be approved. REPORT: The subject lands are located on the northwest corner of the intersection of Highland Road East and Spadina Road East and are bounded by residential lots to the west, a mix of commercial and residential lands to the south, residential lands to the east, and parkland to the north. The subject lands have a total land area of approximately 0.92 hectares (2.26 acres). A portion of the subject lands have been vacant (140 Highland Road East) for several years and is the site of a former gas station. The portion of the subject land currently occupied by a single storey chiropractor's office (130 Highland Road East), is proposed to be demolished. Phase III is illustrated on Figure 2 below. Phase III of the proposal includes the re -development of the subject lands to a medium to high density residential use consisting of a seventeen (17) -storey (51.2 metres in height) rental apartment building with 211 dwelling units comprised of 1 and 2 bedroom units, as well as 1 and 2 bedroom with optional dens, 4 live/work units and 98 square metres of commercial floor space. A Floor Space Ratio (FSR) of 5.17 is proposed for the site. The FSR has changed from what was originally submitted and advertised at 3.17. The development proposal has not changed, however. The initial proposal had included the 270 Spadina Avenue property, and it has been determined the owner is unable to consolidate 270 Spadina Avenue with 130 and 140 Highland as first proposed. This reduces the lot area resulting in an increase in FSR. As a result, only 130 and 140 Highland Road East are now included in the applications to amend the Official Plan and Zoning By-law. 270 Spadina Avenue will retain its existing land use designation and zoning. Page 552 of 792 IVO©Ots,�pl 'S%d 0 SUBJECT AREA 0 U) SPADINA RD E 6 O`�" Figure 1 - Subject Property Page 553 of 792 Figure 2 — Proposed Development Concept (MHBC/Vive) Parking will consist of structured parking with access off Highland Road East in approximately the same location as the existing access. A total of 281 parking spaces are proposed for the 404 dwelling units for the entire site. Additionally, the owner is requesting to utilize the existing vehicular park access to Highland Courts Park to provide access to surface visitor parking spaces on the subject lands located in behind the proposed building. This request is under review and is subject to a recommended Holding Provision. The lifting of the Holding Provision is subject to a future zoning by- law amendment application to lift the holding provision. Page 554 of 792 Phase 2 v HEGH LAItL1 CC 2?D Spadina Rd E 1� [sy aakAIM1633PG AG- ! ___ x 1 I Phase 3_ - 4=4 ••, 130-140 Highland Rd E ---------- 'ZI q' ui` 7 HIM' IIL AND RtJ FAST Figure 2 — Proposed Development Concept (MHBC/Vive) Parking will consist of structured parking with access off Highland Road East in approximately the same location as the existing access. A total of 281 parking spaces are proposed for the 404 dwelling units for the entire site. Additionally, the owner is requesting to utilize the existing vehicular park access to Highland Courts Park to provide access to surface visitor parking spaces on the subject lands located in behind the proposed building. This request is under review and is subject to a recommended Holding Provision. The lifting of the Holding Provision is subject to a future zoning by- law amendment application to lift the holding provision. Page 554 of 792 Figure 3 — Conceptual renderings showing: 1. Top view - the proposed development looking from the intersection of Highland and Spadina; 2. Bottom view (left) - rear view of building (note the large step back at 11 -storeys) and 3. Bottom view (right) - is a side view of the building looking from Highland Road nearest the In -Town development to the west of the subject property. (Vive Developments) Through the pre -application process, the owner worked to address the concerns of staff regarding compatibility and activation of uses at the corner and along Spadina Avenue. In the opinion of staff, the conceptual plan has effectively addressed these matters. Height and massing have been pulled Page 555 of 792 away from low-rise residential lands to the west with the introduction of a significant step back of the building at 11 storeys. This design feature concentrates height and massing to the middle of the site. This is evident on Figure 3. Also, there are no balconies facing the adjacent low rise residential use, in response to concerns of overlook into rear yards. Spadina Avenue has been activated with commercial and live/work type units along the frontage. To facilitate the redevelopment of the subject lands, the applicant is requesting an Official Plan Amendment (OPA) and a Zoning By-law Amendment (ZBA). The purpose of the OPA is to re- designate the subject lands from `Low Density Commercial Residential to `High Density Commercial Residential with Special Policy Area 16' in the Mill -Courtland Woodside Park Neighbourhood Secondary Plan. The redevelopment of this site proposes the construction of a building having a height of 17 storeys (51.2 metres) not including roof top mechanicals; a FSR of 5.17 and parking at a ratio of 0.59 parking spaces per dwelling unit to facilitate the proposed development. As mentioned previously, 270 Spadina Avenue has now been excluded which has resulted in revised FSR and parking figures. The proposed development remains unchanged so therefore the revisions to the OPA and ZBA are technical in nature. The purpose of the ZBA is to change the zoning from "Commercial Residential One (CR -1)" to Commercial Residential Three (CR -3) with Special Regulation 791 R and Holding Provision 103H. The new zoning will implement the proposed development such as an increased Floor Space Ratio (FSR), reduced side yard and side yard abutting a street, and reduced parking/visitor parking. Details of the proposed zoning will be discussed in a later section of the report. 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 land use designation and zoning for the subject facilitate a compact form of development which efficiently uses the subject lands. Also, the lands are within close proximity to transit, including three local bus routes (Route 1 and 16 and iXpress 204). Additionally, the lands are within proximity to the Iron Horse Trail and several local parks including Highland Courts Park, Veterans Green and Woodside Park, the ION and the Mill -Courtland Community Centre. The proposed development would make efficient use of existing services and adjacent arterial roadway, Highland Road, and nearby Queen Street. Provincial policies support the provision of a broad range of housing, noting that the applicant advises the development would be a purpose-built rental project, consisting of one- and two- bedroom units with or without dens. Planning staff is of the opinion that the requested amendments will facilitate the redevelopment of the subject lands on Highland Road East with high-density development that is compatible with the surrounding area, will contribute towards achieving a complete community, is transit supportive and will make use of the existing infrastructure. No new public roads would be required for the proposed development and Engineering staff has confirmed there is capacity in the sanitary sewer to permit intensification on the subject lands. Page 556 of 792 Based on the foregoing, staff is of the opinion that the requested amendments conform to the PPS. A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 (Growth Plan): The Growth Plan supports the development of complete and compact communities that are designed to support healthy and active living, make efficient use of land and infrastructure, provide for a range and mix of housing types, jobs, and services, at densities and in locations which support transit viability and active transportation. Policy 2.2.6.1(a) 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 applying the policies of the Growth Plan will support the achievement of complete communities that: • feature a diverse mix of land uses, including residential and employment uses, and convenient access to local stores, services, and public service facilities; • improve social equity and overall quality of life, including human health, for people of all ages, abilities, and incomes; • 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; • expand convenient access to: o a range of transportation options, including options for the safe, comfortable and convenient use of active transportation; o public service facilities, co -located and integrated in community hubs; o an appropriate supply of safe, publicly accessible open spaces, parks, trails, and other recreational facilities; and o healthy, local, and affordable food options, including through urban agriculture; • provide for a more compact built form and a vibrant public realm, including public open spaces; • mitigate and adapt to the impacts of a changing climate, improve resilience and reduce greenhouse gas emissions, and contribute to environmental sustainability; and • integrate green infrastructure and appropriate low impact development. In addition, the Growth Plan supports planning for a range and mix of housing options and higher density housing options that accommodate a range of household sizes in locations that provide access to transit and other amenities. The subject lands are within proximity to transit, parks, trails, and a community centre. Therefore, the proposed development will provide a diversity of housing, will utilize existing servicing and infrastructure more efficiently and effectively thereby achieving a complete and compact community. Planning staff is of the opinion that the requested amendments conform to the Growth Plan. Regional Official Plan (ROP): Urban Area policies of the ROP identify that the focus of the Region's future growth will be within the Urban Area. The subject lands are designated Built Up Area in the ROP. The proposed development conforms to Policy 2.D.1 of the ROP since this area provides for the physical infrastructure and community infrastructure to support the proposed 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 Page 557 of 792 of form, tenure, density and affordability to satisfy the various physical, social, economic and personal support needs of current and future residents. ROP Amendment 6 was recently approved by the Province that sets a new region -wide intensification target of a minimum of 60 percent of new residential development to occur annually within the delineated built-up area. As well, it seeks to achieve transit -supportive development throughout the Urban Area with a diverse mix of land uses, housing types and open spaces in proximity to each other and a more vibrant Urban Area characterized by more compact development patterns. The proposed development will provide for a more compact built form on the subject lands, is located near within walking distance of several transit stops and recreational open space areas and contributes to a diverse mix of housing types in the surrounding neighbourhood. The requested amendments would facilitate development that is well supported by hard and soft infrastructure and services. The proposed developments would provide rental housing at a higher density along with commercial use via live/work units. Regional staff supports the request and has indicated it has no objections to the proposed applications and have requested a holding provision to require detailed transportation and stationary noise study and a Record of Site Condition Geothermal wells are not permitted. Planning staff is of the opinion that the requested amendments conform to the Regional Official Plan. City of Kitchener Official Plan 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 (Downtown), Major Transit Station Areas, City Nodes, Community Nodes, and Urban Corridors, per Policy 3.C.2.3 of the Official Plan. As per policy 3.C.2.4, Secondary Intensification Areas are Neighbourhood Nodes and Arterial Corridors. These areas may experience intensification at a smaller scale. Such intensification may be permitted provided that the planned function of the structure component is not compromised. The portion of the subject lands that are addressed as 130-140 Highland Road West are located within a Neighbourhood Node in the 2014 Kitchener Official Plan, while 270 Spadina Avenue is located within the Community Area. Neighbourhood Nodes are identified as a Secondary Intensification Areas in the City of Kitchener's Official Plan on Map 2 — Urban Structure. As per 3.C.2.4, Secondary Intensification Areas may experience intensification at a smaller -scale and include Neighbourhood Nodes, Arterial Corridors and other site-specific opportunities. Such intensification may be permitted provided that the planned function of the structure component is not compromised. The planned function of Neighbourhood Nodes is to serve the day-to-day commercial needs of surrounding residential areas and are encouraged to be cycling and pedestrian friendly. Within an area identified as a Neighbourhood Node the applicable land use designations may include Mixed Use and/or Commercial. The implementing zoning may impose a minimum and/or maximum percentage or amount of floor space for residential and/or non-residential uses to ensure an appropriate combination of uses and to achieve the planned function of Neighbourhood Nodes. The proposed development is planned for mixed use, providing 4 live/work units, 97 square metres of commercial floor space and 211 purpose-built rental dwelling units through Phase III re -development plans. Page 558 of 792 Planning staff is of the opinion that the proposal will help to increase density in an area well served by nearby transit while ensuring development directly fronting Highland Road West is pedestrian - and transit- friendly. The development proposal has been designed so that height and massing are located within the middle of the site further away from Low Rise Residential located west of Highland Court Park and across Highland Road from a gas station and nearby commercial plaza. In this way, the proposal is context sensitive to surrounding lands. The proposal also provides for live/work units and 97 square metres of commercial floor space that not only activates the Spadina Avenue streetscape but also supports the planned function of the node. Planning staff is of the opinion that the proposed Official Plan Amendment and Zoning By-law Amendment will support a development that complies with the City's Neighbourhood Node policies and contributes to the vision for a sustainable and more environmentally friendly city. Housing Policies Section 4.1.1 of the City's Official Plan states that it is a City 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 the Kitchener community through all stages of life. In addition, 4.C.1.12. states that "The City favours a land use pattern which mixes and disperses a full range of housing types and styles both across the city as a whole and within neighbourhoods." The development proposed for the subject lands will increase the range of dwelling units available in the city, and within the neighbourhood. The site development concept includes a mix of 1-, and 2- bedroom, with or without dens, rental units. The range of unit types in this location will appeal to a variety of household needs. The mixed-use nature of the proposed redevelopment as well as the building form will assist in achieving complete community. Housing policies in Section 4 of the Official Plan also support infill redevelopment to make better use of the City's existing infrastructure, to provide a variety and integration of different forms of housing while ensuring compatibility and mitigation of impacts are achieved with existing surrounding development. Given location on a Major Community Collector Road, surrounding context, Provincial, Regional and City policy direction, and design considerations that incorporate building step backs, staff is the of the opinion that the proposed Official Plan Amendment from "Low Density Commercial Residential" and "Medium Density Multiple Residential" to "High Density Commercial Residential" is appropriate and in the public interest. Existing and Proposed Land Use Designation — Mill Courtland Woodside Park Secondary Plan (MCWPSP) According to the Official Plan, eight of the City's ten Secondary Plans contain lands that are located within the Major Transit Station Areas as shown on Map 2 and are proposed to be reviewed as part of the City's Station Area Planning exercise outlined in Policy 3.C.2.18. Policy 16.D.1.2. states that it is intended that the land use polices and land use designations in the secondary plans that contain Rapid Transit Station Stops will be reviewed and revised upon the completion of Station Area Plans wherein it will be determined what changes, if any, need to happen to implement the planned function of Major Transit Station Areas. Through the Neighbourhood Planning Review, and now the Growing Together Project, this work is underway but has been on hold pending the update to the Region's Official Plan and several Provincial directives. The proposed plan is to remove the subject lands from the Secondary Plan and designate it Mixed Use. However, until that process is finalized these lands remain as part of the MCWPSP. According to the Mill Courtland -Woodside Park Secondary Plan the subject lands are designated "Low Density Commercial Residential". "Low Density Commercial Residential" permits multiple residential uses to a maximum density of 100 units per hectare with a Floor Space Ratio of 1.0 or one times the lot area coverage in above ground building floor area. The intent of this designation is to recognize existing areas of small scale commercial and residential development and to allow for Page 559 of 792 low rise, low density residential redevelopment of such areas with commercial, institutional, and residential uses. Commercial and residential uses may be located within one building or as separate buildings. The proposed OPA will redesignate the subject lands from "Low Density Commercial Residential" to "High Density Commercial Residential". The proposed "High Density Commercial Residential" will permit a maximum Floor Space Ratio of 5.17 rather than the 4.0 that is permitted by the land use designation. This is reflected in the proposed Special Policy for these lands. The intent of the "High Density Residential Commercial" designation is to allow for higher density redevelopment to a mix of uses including multiple residential, office, institutional, and limited commercial uses on Arterial and Collector roads which lead to and from the Downtown. Residential densities are permitted to exceed 200 units per hectare provided the FSR of 4.0 is not exceeded. The addition of the proposed Phase III building, the overall density of the site of 5.17 FSR does exceed the maximum permitted FSR of 4.0. An increase in FSR over 4.0 is appropriate at this location because it is within a Neighbourhood Node and is within walking distance to may amenities and public transportation. The proposed third phase of the development proposes a mix of 211 residential units, 97 square metres of commercial floor space and 4 live work units on the ground floor and first storeys of the 5 storeys podium for the 17 -storey building. The live work units will activate the streetscape, provide neighbourhood scaled commercial uses, and they meet the criteria in Sections 4.C.1.37- 4.C.3.40 of the Official plan as they are of an appropriate massing and scale that is in keeping with the character with the neighbourhood. Urban Design The City's Urban Design policies are outlined in Section 11 of the City's OP. In the opinion of staff, the development proposed for the subject lands on Highland Road East 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 was submitted and has been reviewed by City staff. The Urban Design Brief outlines the vision and principles guiding the site design and informs the proposed zoning by-law regulations. Streetscape — The proposed building and primary building entrances will be oriented towards the street and will support the character of the surrounding area. The proposed development will have direct access to the public sidewalk, landscaping along street frontages, and a visually appealing building fagade that enhances the public realm experience. Active uses at grade will activate the streetscape. The building design will be compatible with the surrounding streetscape, with regard to scale, placement, materials, and landscape and architectural features. 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 tower will provide a new feature on the City's skyline within the area. 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 buildings that are developed at a scale that is compatible with the existing and planned built form for the surrounding area. The building has been designed so that height and massing are concentrated in the center of the site and away from the low rise built form. It is corner site and commercial uses activate on Highland Road East? (N Node) Spadina Avenue. The primary vehicular access is on Page 560 of 792 Highland Road, which is a major roadway. Parking is both surface (for visitor) and underground for residents. Tall Building Guidelines The has also been reviewed for compliance with the City's Design for Tall Buildings Guidelines (part of the City's Urban Design Manual). 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. Shadow Impact Study A Shadow Analysis was provided within the Urban Design Brief. According to the Design for Tall Building Guidelines, a shadow analysis is meant "to demonstrate how a proposed development is designed to mitigate unwanted microclimatic impacts" and directs that daily access to at least 5 hours of cumulative direct sunlight to nearby sidewalks and open spaces should be maintained under equinox conditions. Overall, the study demonstrates there are significant continuous periods of no shadowing impact from the proposed building on surrounding properties; over 5 hours of cumulative direct sunlight are provided to nearby sidewalks and open space. Staff is satisfied with the findings of the analysis. Wind Study The owner completed a pedestrian level wind preliminary impact assessment for the subject lands on Highland Road East. This assessment was reviewed by Urban Design staff. The assessment concludes the development is not expected to have significant wind influence on neighbouring properties. Wind control features will be required through the future site plan application and a full Wind Assessment will be required and reviewed at this future stage. Any mitigation measures to address pedestrian level wind impacts will be implemented through the site and building design through the site plan approval process. Planning staff recommends endorsement of the Urban Design Brief for the subject lands and directly staff to implement the design brief at the site planning stage. Transportation and Parking 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 a combination of land use designations and urban design initiatives that make a wide range of transportation choices viable. As aforementioned, the subject lands are located at the corner of Highland Road East (Major Community Collector Street) and Spadina Avenue (Minor Community Collector Street) and adjacent to three bus routes. It is also within walking distance to the Iron Horse Trail, the downtown and ION. The subject proposal will support current and future transit service and build transit ridership. Parking policies in Section 13 of the Official Plan are to ensure adequate parking standards and regulations are in place and enforced and to reduce parking space demand in support of active Page 561 of 792 transportation and transit and potential redevelopment of surface parking lots especially in intensification areas. The City may however consider adjustments to parking requirements for properties within an area or areas, where the City is satisfied that adequate alternative parking facilities are available, where developments adopt transportation demand management (TDM) measures or where sufficient transit exists or is to be provided. In that regard, a TDM assessment was submitted as part of the Traffic Impact and Parking Study by the applicant in support of a request to have a lowered parking rate with the proposed development. This report was reviewed by Transportation Planning staff and the proposed parking rate is supported. Residents or visitors to this development have several different alternative modes of transportation available to them, therefore reducing dependency on a private motor vehicle. Below is a list of those alternative modes of transportation. Cycling - access to the Iron Horse Trail less than 400m from the site Pedestrian walkability - concrete sidewalks are both sides of roadways in the surrounding area and provides access to the downtown and St. Mary's hospital. Grand River Transit Route #1 and #16, and Npress route 204 are less than 200 metres from the site, providing access within the Region of Waterloo to major destinations including Uptown Waterloo, Conestoga Mall and Fairway Park Mall. Transportation Demand Management (TDM) strategies include unbundled parking and that a total of 91 bicycle parking spaces are being provided and should be allocated as follows: • 85 Class A bicycle parking spaces. • 6 Class B bicycle parking spaces. 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. The applicant submitted a Sustainability Statement in support of the development proposed for the subject lands on Highland Road West. Environmental Planning staff reviewed this statement and supports the proposals since several sustainable measures have been proposed or are being considered for the development. As part of a future site plan application, a Sustainability Statement will be required which will further explore and/or confirm additional sustainability measures that are best suited to the development. Official Plan Amendment Conclusions Based on the above noted policy analysis, Planning staff is of the opinion that the requested Official Plan Amendment represents good planning and recommends that the requested Official Plan Amendment be adopted. Proposed Zoning By-law Amendment to Zoning By-law 85-1: The `Commercial -Residential Three Zone (CR -3)' with Special Regulation Provision 791 R and Holding Provision 103H is proposed for the entire subject lands. The proposed CR -3 zone with Page 562 of 792 Special Regulation 791 R will permit a maximum height of 17 storeys or 51.2 metres (not including roof top mechanicals), a Floor Space Ratio (FSR) of 5.17 for the entire site, a parking reduction of 0.59 parking spaces per dwelling unit, a minimum building step back above the 1111 storey of 3.0 metres and front yard, side yard and exterior side yard setback reductions are proposed given the irregular lot configuration and layout of development. These are detailed below in Table 1. The numbers in red note deficiencies in zoning and where a site-specific request has been made. Table 1- Zoning Compliance Review Page 563 of 792 -0 Proposed CR -3 with w Regulation c Special Regulation Q Justification a Provision E 0 a 0 U Minimum Floor Space 5.17 1.0 Y Ratio The Neighbourhood Maximum Floor Space Node designation along Ratio 5.17 4.0 N with other policies support additional density. Minimum Lot Width 84.2 m 15 m Y As a corner property within an urban in context, the setback Minimum Front Yard 0.0 m 3.0 m N allows the building to be closer to the street edge to create a pedestrian oriented streetscape. The building setback varies along the Highland Road street edge to create visual interest. Minimum Side Yard As a corner property Abutting a Street 0 m 3.0 m N within an urban in context, the setback allows the building to be closer to the street edge to create a pedestrian oriented streetscape. Minimum Side Yard 5.8 m 1.2 m Y 7.5 metres or one half Minimum Rear Yard 9.5 m the building height, Y whichever is greater shall be required. Max. 17 Height storeys or No height limit Y 52 m Minimum Landscaped ** 10 percent of lot area TBD Will be determined at the Area site planning stage — no Page 563 of 792 Based on the above, the requested Zoning By-law Amendment is appropriate, permits residential intensification on an underutilized lot, and aligns with the proposed Official Plan Amendment. Holding Provision (103H) The Region has requested that a holding provision be included in the zoning by-law amendment until such time as a detailed noise study has been submitted and that a Record of Site Condition be acknowledged by the Province. In addition, staff is recommending that a Holding Provision (103H) be applied to address a request by the owner to use Highland Courts Park entrance off Highland Road to access visitor parking spaces located to the rear of the proposed building. No decision has been made. This request will be evaluated through a separate City process but is subject to a Holding Provision. The intent of the Holding Provision is to ensure adequate terms are established for the requested property right, to the satisfaction of Council, prior to the holding provisions being lifted. Should access not be granted by the City, the owner will have to re -configure the surface parking component accordingly. This would not alter the proposed land use designation being sought and the applications can be considered in advance of the final determination of the access. Department and Agency Comments: Circulation of the OPA and ZBA was undertaken in January 2023 to all applicable City departments and other review authorities. All concerns have been addressed through changes to the proposal through the application review or through recommended holding provisions. Copies of the comments are found in Attachment `E' of this report. The following list represents a summary of primary reports and studies that were considered as part of the requested OPA and ZBA: • A Planning Justification Report, prepared by MHBC Planning, dated November 2022; • An Urban Design Brief, prepared by MHBC Planning, dated November 2022; Page 564 of 792 reduction is being sought. Not in excess of 20 Maximum total gross percent of the gross leasable commercial floor area and in no space for personal 97 sq. m case in excess of Y services and convenience 550.0 sq. metres of retail gross leasable commercial space Transportation policy in the OP supports parking 0.59 reductions in key areas parking of the City using TDM spaces/dw 1.25 parking measures given elling unit spaces/dwelling unit proximity to transit and Parking & Visitor Parking and .089 inclusive of a .20 N trails. Furthermore, a visitor visitor parking Parking Study was parking spaces/dwelling unit submitted to justify spaces/dw reduced parking rates at elling unit this location that has been supported by Transportation Planning. Based on the above, the requested Zoning By-law Amendment is appropriate, permits residential intensification on an underutilized lot, and aligns with the proposed Official Plan Amendment. Holding Provision (103H) The Region has requested that a holding provision be included in the zoning by-law amendment until such time as a detailed noise study has been submitted and that a Record of Site Condition be acknowledged by the Province. In addition, staff is recommending that a Holding Provision (103H) be applied to address a request by the owner to use Highland Courts Park entrance off Highland Road to access visitor parking spaces located to the rear of the proposed building. No decision has been made. This request will be evaluated through a separate City process but is subject to a Holding Provision. The intent of the Holding Provision is to ensure adequate terms are established for the requested property right, to the satisfaction of Council, prior to the holding provisions being lifted. Should access not be granted by the City, the owner will have to re -configure the surface parking component accordingly. This would not alter the proposed land use designation being sought and the applications can be considered in advance of the final determination of the access. Department and Agency Comments: Circulation of the OPA and ZBA was undertaken in January 2023 to all applicable City departments and other review authorities. All concerns have been addressed through changes to the proposal through the application review or through recommended holding provisions. Copies of the comments are found in Attachment `E' of this report. The following list represents a summary of primary reports and studies that were considered as part of the requested OPA and ZBA: • A Planning Justification Report, prepared by MHBC Planning, dated November 2022; • An Urban Design Brief, prepared by MHBC Planning, dated November 2022; Page 564 of 792 • An Architectural package, including the Site Plan, truck movement plan, elevations, and floor plan drawings, prepared by NEO Architecture Inc., dated November 2211 2022; • An Existing Conditions, Removals, and Sediment & Erosion Control Plan, prepared by Strik Baldinelli, & Moniz, dated October 2022; • A Servicing Feasibility Study, prepared by Strik, Baldinelli & Moniz, dated October 24th, 2022; • A Wind Study, prepared by the Boundary Layer Wind Tunnel Laboratory at Western University, dated October 14th 2022; • A Shadow Study, prepared by NEO Architecture Inc., dated October 2022; • A Noise Feasibility Study, prepared by HGC Engineering and dated October 18th, 2022; • A Traffic Impact Study and Parking Justification Study, prepared by Paradigm, dated October 2022; and, • A Tree Preservation Plan, prepared by Aboud & Associates Inc., dated October 20 Community Input & Staff Responses WHAT WE HEARD 693 households (occupants and property owners) were circulated and notified Approximately 32 people/households provided written comments A City -led Neighbourhood Meeting was held on February 9, 2023 and approximately 40 different users logged on In response to community circulation related to the subject lands, staff received written responses from 32 households, which are included as Attachment `F'. Most of the comments received expressed concerns with the development proposal although there were several comments in support. A Virtual Neighbourhood Meeting was held on February 9, 2023. In addition, staff had follow-up one-on-one correspondence with members of the public. A high-level summary of what staff heard from the community regarding the proposal for the subject lands on Lancaster, along with staff responses, are noted below: What Staff Heard from the Staff Response Community Page 565 of 792 Page 566 of 792 Transportation Concerns: A Transportation Impact Study (TIS) was submitted and reviewed and supported by the City's Transportation staff. • Road systems already It notes that the intersection of Highland Road and Spadina overwhelmed, especially Road is forecast to operate under capacity with the intersection of Highland/Spadina proposed development in place. The TIS indicates that the southbound queues on Highland Road extend beyond the • Limited transit and pedestrian proposed access location under existing conditions but options queues disperse quickly during each signal cycle. The proposed development is anticipated to make up • Pedestrian conflicts with approximately 6% of the southbound forecast volumes on residents and visitor wanting to Highland Road between the proposed access and use Highland Courts Park's signalized intersection at Spadina Avenue. access The subject lands are served by transit, noting that the • Increased traffic and pollution on lands are located on three local bus routes (Routes #1, 16, Highland Road E. and iXpress 204). The City will take into consideration potential pedestrian conflicts with vehicles in its assessment of the owners request to use the park access and in the design of all vehicles accesses through the site planning process. The development is seeking a reduction in parking so fewer vehicles will be coming to the site. In addition, the parking will be unbundled from the units. That means not every unit will have parking It is anticipated that the traffic generated by the proposed development will form approximately 5% of total traffic on Highland Road and less than 2% on Spadina Road. Highland Road and Spadina Road are forecast to operate under capacity. Built Form & Character Concerns: The Official Plan currently allows for the possibility of building heights up to 3 storeys and an increased Floor • The proposal is incompatible in Space Ratio through an OPA/ZBA. The applicant is terms of scale, height, and seeking to increase these permissions to allow a building density height of 17 storeys and an FSR of 5.17. The proposal therefore represents an increase to height and massing • The existing character and permissions. The subject lands are also one of the largest charm of the area will be redevelopment sites within the area and are identified as a impacted negatively. `Neighbourhood Node' in the Official Plan. Generally, nodes are identified as strategic locations within the City • This is not compatible with the where densification is encouraged at varying intensities surrounding area. depending on geography and criteria. • This will be precedent setting An Official Plan and Zoning By-law are not fixed documents. They evolve and change though time as • Will block views into the Park society changes and preferences evolve. The Planning Act is established with provisions for municipalities to consider • Shadow/Wind Impacts changes to the Official Plan and Zoning By-law. As outlined in the above Planning Analysis, Planning staff is Page 566 of 792 of the opinion that the requested height and massing increases are appropriate. Compatibility/Compatible is defined in the OP as land uses and building forms that are mutually tolerant and capable of existing together in harmony within an area without causing unacceptable adverse effects, adverse environmental impacts or adverse impacts. Compatibility or compatible should not be narrowly interpreted to mean "the same as" or even as "being similar to". This is to say that taller buildings can exist within a context of lower building forms providing they can exist in harmony and without adverse impacts. Supporting documentation has demonstrated that the proposal is compatible with the neighbourhood and impacts associated with the proposed height and masing are mitigated through design (building step backs), location (corner property on arterial roadway and adjacent land use) distance separation and gradation of building heights (17 to 6 to 2 storeys). Applications for development are reviewed on their own merits, not on the basis of precedent. Views into the park are already constrained by the existing one storey commercial building. The as -of -right zoning would allow for up to 3 storeys, further constraining views. Shadow and Wind Impact assessments were undertaken by the owner as part of his application submission. These have been reviewed and accepted by staff. Parkinq Concerns: As part of the application submission, the applicant provided a Parking Study that was prepared by Paradigm • Insufficient parking is proposed Transportation Solutions and reviewed by City for the site Transportation Services staff. Transportation Services staff advise that to assist in reducing vehicle dependency, • Parking will overflow onto streets there are Transportation Demand Management strategies within the nearby low rise being employed for this development, which include residential area unbundled parking, provision of Class A bicycle parking spaces, connectivity to existing pedestrian facilities, existing Grand River Transit routes and future cycling facilities, that support a parking reduction. Transportation Services staff advise that they have no concerns with the parking rates ultimately outlined in the draft Zoning By-law Amendment. The City has an on -street parking by-law along with a process to deal with complaints related to on -street parking concerns. Residents are encouraged to check out the City's website for more information related to this matter: Parking bylaws - City of Kitchener. City sanctioned parking on Spadina presently allows for residents to park on Spadina during the construction of the Phase 2 building addition and underground parking, which Page 567 of 792 Planning Conclusions In considering the foregoing, Planning staff is supportive of the requested Official Plan Amendment (OPA) and Zoning By-law Amendments (ZBAs) to permit 130-140 Highland Road West to be developed with a high-density residential development, including 4 live/work units and 97 square metres of commercial floor space. Staff is of the opinion that the subject applications are consistent Page 568 of 792 is nearing completion. This should dissipate once the underground parking garage is operational for Phase 2. Additional underground and surface parking is proposed for Phase 3. Construction Impacts: Staff acknowledge that the new development will continue construction on site and it can be disruptive to the • Tired of on-going construction neighbourhood. The City will work with the developer to ensure noise and dust are minimized as much as possible. • Noise and dust It is staff's understanding that pre -and post -construction • Impact on adjacent housing surveys of adjacent properties will be undertaken by the developer as due diligence to the potential construction impacts on neighbouring foundations or other structural components. Property Values Planning staff are not able to predict the impact of a new development on property values. For assessment • Development will lower property purposes, which is used to calculate taxes, MPAC values assesses property based on up to 200 different factors including the size of lot and house, the quality of construction, as well as many others. The assessed value • Rental means low income usually differs from the market value of a property, and market value is influenced by numerous factors as well. • This area is an Exclusive/Prestigious area The City favours a mix of all housing forms in all tenures in all communities to support a continuum of housing. Rental housing can be a more affordable housing option for residents in our community - this neighbourhood has many City -owned community amenities to serve a growing community within walking distance to downtown, trails, parks and transit station areas. The City plans for inclusiveness and housing for all people for all stages of their lives in all neighbourhoods. This community is a proven example that growing communities, with a variety of housing forms, especially on underutilized contaminated parcels, adds new life and vibrancy to a neighbourhood. The adjacent In Towns redevelopment built on a former foundry site is an example of this. Heritacie Concerns: This property does not fall within the St. Mary's Heritage • The development in not in District and therefore a Heritage Impact Assessment was keeping with the St. Mary's not required nor does the proposal conflict with any Heritage District Heritage policies. Planning Conclusions In considering the foregoing, Planning staff is supportive of the requested Official Plan Amendment (OPA) and Zoning By-law Amendments (ZBAs) to permit 130-140 Highland Road West to be developed with a high-density residential development, including 4 live/work units and 97 square metres of commercial floor space. Staff is of the opinion that the subject applications are consistent Page 568 of 792 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 recommends that the OPA be adopted and the ZBA be approved STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Council / Committee meeting. A large billboard notice sign was posted on the subject properties and information regarding the application and neighbourhood meeting was posted to the City's website in January 2023. A Neighborhood Meeting was held on February 9, 2023. A postcard advising of the statutory public meeting was circulated to all residents and property owners within 240 metres of the subject lands, Notice of the Statutory Public Meeting was also posted in The Record on May 26, 2023 (see Attachment D). CONSULT—The requested Official Plan Amendment and Zoning By-law Amendment was circulated to residents and property owners within 240 metres of the subject lands in January 2023. In response to this circulation, staff received written responses from 32 households / residences, which are 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 • ROP Amendment 6 • City of Kitchener Official Plan, 2014 • City of Kitchener Zoning By-law 85-1 REVIEWED BY: Malone -Wright, Tina — Interim Manager of Development Review, Planning Division APPROVED BY: Readman, Justin - General Manager, Development Services ATTACHMENTS: Attachment A & Al — Proposed Official Plan Amendment & Map Attachment B & B1 — Proposed Zoning By-law Amendment & Map Attachment C — Urban Design Brief Attachment D — Newspaper Notice Attachment E — Department and Agency Comments Attachment F — Community Comments Page 569 of 792 AMENDMENT NO. TO THE OFFICIAL PLAN OF THE CITY OF KITCHENER CITY OF KITCHENER 130-140 Highland Road East Page 570 of 792 AMENDMENT NO. TO THE OFFICIAL PLAN OF THE CITY OF KITCHENER 130-140 Highland Road 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 and Strategic Initiatives Committee APPENDIX 2 Minutes of the Meeting of Planning and Strategic Initiatives Committee APPENDIX 3 Minutes of the Meeting of City Council Page 571 of 792 AMENDMENT NO. TO THE OFFICIAL PLAN OF THE CITY OF KITCHENER SECTION 1 — TITLE AND COMPONENTS This amendment shall be referred to as Amendment No. XX to the Official Plan of the City of Kitchener. This amendment is comprised of Sections 1 to 4 inclusive and Schedule `A'. SECTION 2 — PURPOSE OF THE AMENDMENT The purpose of this amendment is to redesignate the lands on Mill Courtland Woodside Park Neighbourhood Secondary Plan from Low Density Commercial Residential to High Density Commercial Residential with Special Policy 16 to permit an increased Floor Space Ratio and building height to facilitate the development of a 17 -storey multiple residential building having 211 dwelling units, comprised of 1 and 2 bedroom units, as well as 1 and 2 bedroom with optional dens, 4 live/work units and 98 square metres of commercial floor space. SECTION 3 — BASIS OF THE AMENDMENT The subject lands are located at 130 and 140 Highland Road East. The subject lands are designated `Low Density Commercial Residential' in the Mill Courtland Woodside Park Secondary Plan, which forms part of the 1994 Official Plan. The Low Density Commercial Residential designation in the Mill Courtland Woodside Park Secondary Plan recognizes existing small scale commercial and residential development and allows low density redevelopment with commercial, residential and institutional uses to a maximum Floor Space Ratio (FSR) of 1.0 and a maximum density of 100 units per hectare per lot, provided the maximum FSR is not exceeded. The subject lands are also situated within a Neighbourhood Node on the Urban Structure Map 2 of the Official Plan. The City of Kitchener is currently undergoing a review of its central neighbourhoods and these lands are proposed to be removed from the Secondary Plan area as part of this review. Since the adoption of the 1994 Plan and the associated Secondary Plans the City has adopted a new Official Plan in 2014 and is currently in the process of reviewing the Secondary Plan Areas as part of a Neighbourhood Planning Review (NPR) which is ongoing. The preliminary indicators of the NPR propose a reorganization and delineation of the Secondary Planning Areas including these lands, which will be excluded from the future Mill Courtland and Rockway Secondary Plan. Instead, it is proposed to have a designation of Mixed Use Low Rise. The Mixed Use Low Rise designation contemplated through the Neighorbood Planning review proposes a maximum Floor Space Ratio of 2.0 and 4 storey or 14 metres height for buildings. It is important to note that this policy direction is not yet in effect, but it demonstrates a commitment to slightly higher FSR and a mid -rise built form for development, which is consistent with the existing mid -rise 6 storey multiple residential building located on the adjacent lands at 270 Spadina Road east. This would also provide transition in the built form massing, scale and density from the stable neighbourhood to the east of Woodside Park. Page 572 of 792 The subject lands are comprised of 130-140 Highland Road East. The westerly portion of the subject lands (130 Highland) currently contain a single storey office building, while the easterly portion (140 Highland Road East) has been vacant for 11 years and previously contained a gas station. Together, these lands will be redeveloped with a 17 storey purpose built rental apartment that has 98m2 of ground floor commercial uses as well as 4 live -work units at grade to activate the streetscape along Highland Road East and Spadina Avenue with commercial space and live/work units. The proposed tower is well removed from surrounding low rise residential development, backs onto Woodside Park, and is opposite a neighbourhood commercial plaza and a gas station. The proposed height and density have been oriented to the middle of the property in order to maintain appropriate distances from low rise residential areas to the north and east. The Special Policy limits the maximum FSR to 5.17 and limits the height on the lands to 17 storeys. Adjacent lands to the east currently contain an L-shaped building on site (Phase I and 11) which is a six storey building that provides a gradual transition in height from the subject lands to the low rise neighbourhoods to the east. The subject lands are located within walking distance from the Urban Growth Centre and are within 372 metres of the Iron Horse Trail and several parks. The proposed development includes a multiple residential development at a density to support both transit usage and active transportation. The site will include a variety of transportation demand management measures in order to encourage the use of alternative modes of transportation including active transportation and public transit. The proposed development will implement the vision as set out in the Official Plan as being a compact, dense and transit supportive site. The site will provide purpose built rental housing, as an alternative to home ownership. The redevelopment of these underutilized and vacant lands (eastern portion) are located along a major collector road (Highland Road East) which connects to Queen Street and is just minutes from the downtown core and the light rail transit route. Its prominent location makes it ideal for the density proposed. Both commercial and live/work units are proposed along the Highland Road East/Spadina Avenue frontages which will activate the streetscape and will support the planned function of a Neighbourhood Node. A Neighbourhood Node supports intensification providing it is compatible with surrounding lands. The maximum floor space ratio, building height, density, front and side yard setbacks for the building, provision of a private at grade amenity space for one unit, as well as on-site parking will be regulated in the site-specific amending zoning by-law to ensure urban design elements are implemented and onsite constraints are addressed. The proposal is consistent with the Provincial Policy Statement, conforms to the Growth Plan and complies with the Regional Official Plan and ROP 6, as it promotes walkability, is transit -supportive, maximizes the use of existing and new infrastructure, and assists in development of this area as a compact and complete community through a range of uses. The proposed development is therefore considered good planning. Page 573 of 792 SECTION 4 — THE AMENDMENT 1. The 1994 City of Kitchener Official Plan is hereby amended as follows: a) Part 3, Section 13.4.4 Special Policies is amended by adding new Policy 13.4.4.16 thereto as follows: 13.4.4.16. Notwithstanding the High Density Commercial Residential land use designation and policies for lands municipally addressed as 130-140 Highland Road East, the maximum Floor space Ratio shall be 5.17 and the maximum building height shall be 17 storeys. b) Map 12 — Mill Courtland Woodside Park Neighbourhood Plan for Land Use is amended by redesignating from `Low Density Commercial Residential' to `High Density Commercial Residential' with Special Policy Area No. 16' on the lands municipally known as 130 and140 Highland Road East, as shown on the attached Schedule "A". Page 574 of 792 aP�CITY OF AMU ��. •I • II �. vs �MILL COUR •P • ����� �" �''T-1 "..i•. .f l'"�5 r 3T J ". � T f J," � 3T � f l �j ' V� t^rr F' -.'(q• C, -r F �.,-.' . �� t �, n r�r � _ r� r �, n r� f � _ r� r _ r� _ n rr� _ r• r - n r.r Tr - , . r-. r r - - ,- : r-. ' SPADINA RD E SCHEDULE W Low Rise ( METRES SPADINA HOLDING (KITCHENER) CORPORATION; HIGHLAND HOLDING (KITCHENER) CORPORATION SCALE 1:4,000 130-140 HIGHLAND RD E DATE: MAY 30, 2023 ZONE BY-LAW AMEN[ City of Kitchi DEVELOPMENT SERVICES DEPART PROPOSED BY-LAW '2023 OF THE CORPORATION OF THE CITY OF KITCHENER (Being a by-law to amend By-law No. 85-1, as amended, known as the Zoning By-law for the City of Kitchener — Spadina Holdings (Kitchener) Corporation and Highland Holding (Kitchener) Corporation — 130 and 140 Highland Road East) WHEREAS it is deemed expedient to amend Zoning 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 Numbers 86 and 87 of Appendix "A" to By-law 85-1 are hereby amended by changing the zoning applicable to the parcel of land specified and illustrated as Area 1 on Map No. 1 attached hereto, from Commercial Residential One Zone (CR -1) to Commercial Residential Three Zone (CR -3) with Special Regulation Provision 791 R and Holding Provision 103H. 2. Schedule Numbers 86 and 87 of Appendix "A" to By-law 85-1 are hereby further amended by incorporating additional zone boundaries as shown on Map No. 1 attached hereto. 3. Appendix "D" to By-law 85-1 is hereby amended by adding Section 791 R thereto as follows: "791 R. Notwithstanding Sections 6, 6.1.2 a), 6.1.2 b)vi), and 46.3 of this By-law, for the lands zoned CR -3, as shown on Schedule Numbers 86 and 87 of Appendix "A", the following additional regulations shall apply: i. The maximum Floor Space Ratio (FSR) shall be 5.17; ii. The minimum front yard shall be 0.0 metres along Spadina Road East; iii. The minimum rear yard setback shall be 1.5 metres; iv. The minimum side yard setback abutting a street shall be 0.6 metres along the Highland Road frontage; Page 576 of 792 V. The minimum interior side yard setback be 1.5 metres; vi. The maximum building height shall be 17 storeys or 52.0 metres ( not including mechanical penthouse); vii. The minimum step back above the 11th floor shall be 3.0 metres; viii. The minimum off street parking shall be 0.5 parking spaces per dwelling unit; ix. Zero parking shall be provided for non-residential uses; X. The total visitor parking shall be 0.095 parking spaces per dwelling unit; A. A minimum of 98 m2 (1000 sq.ft.) of at grade commercial uses shall be provided; Ai. A minimum of 4 live work units shall be provided; xiii. For Multiple Residential uses, a minimum of 92 Class A bicycle parking stalls and 6 Class B bicycle stalls shall be provided; xiv. Geothermal wells are prohibited." 4. Appendix "F" to By-law 85-1 is hereby amended by adding Section 103H thereto as follows: "103. Notwithstanding Section 46 of this Bylaw, within the lands zoned Commercial Residential Three Zone CR -3 (791 R) as shown as affected by this subsection on Schedule Numbers 86 and 87 of Appendix "A", only those uses which lawfully existed on the date of passing of this By-law, shall be permitted to continue until such time as this Holding Provision is removed by by-law once the City of Kitchener is in receipt of a letter from the Regional Municipality of Waterloo, advising that: a) a Record of Site Condition (RSC) in accordance with O. Reg. 153/04, as amended, has been filed with the Ministry of Environment, Conservation and Parks (MECP) Environmental Site Registry; b) the Regional Municipality of Waterloo has received an approved copy of the RSC and the Ministry's RSC Acknowledgement letter, C) a detailed stationary noise study has been completed and submitted to the satisfaction of the Regional Municipality of Waterloo which addresses implementation measures and reviews the potential impacts of the development on site noise sensitive receptors (e.g. HVAC system on the Page 577 of 792 sensitive points of reception) and the impacts of the development on adjacent noise sensitive uses. d) legal access is obtained over Highland Courts Park to the satisfaction of the City of Kitchener." 5. This By-law shall become effective only if Official Plan Amendment No. _, 130 and 140 Highland Road 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 578 of 792 P-1 0---��ff®.� SPADINA • RES • 50 1 •• METRES SCALE 1:4,000 • . •--•- • 40 HIGHLAND -. �. • P-3 1-1 93R R-7 BY-LAW 2019-05' MIX -1 MIXED USE OSR-2 OPEN SPE RES -3 LOW RISE RES -4 LOW RISE RES -5 LOW RISE BY-LAW 85-1 C-1 CONVENIEN( C-2 NEIGHBOUR CR -1 COMMERCI CR -3 COMMERCI E-1 EXISTING US 1-1 NEIGHBOURF 1-2 COMMUNITY I M-2 GENERAL IN MU -3 HIGH INTEL ZONE P-1 PUBLIC PARE P-3 HAZARD LAN R-5 RESIDENTIAL R-7 RESIDENTIAL R-8 RESIDENTIAL -1 ZONE GRID REFI R � SCHEDULE NO. F OF APPENDIX 'A' -1 S51 KITCHENER ZON ZONE ZONING BY—LAW AMENDMENT ZBA; OFFICIAL PLAN AMENDMENT OPA2'e Cit/ of Kitchener DEVELOPMENT SERVICES DEPARTMENT, PLA SUBJE y AMENDMENT TO R' AREA 1 - 1R FROM COMMER (CR -1) TO COMMERCIF (CR -3) WITH SPECIAL R II., AND HOLDING PI BY-LAW 2019-05' MIX -1 MIXED USE OSR-2 OPEN SPE RES -3 LOW RISE RES -4 LOW RISE RES -5 LOW RISE BY-LAW 85-1 C-1 CONVENIEN( C-2 NEIGHBOUR CR -1 COMMERCI CR -3 COMMERCI E-1 EXISTING US 1-1 NEIGHBOURF 1-2 COMMUNITY I M-2 GENERAL IN MU -3 HIGH INTEL ZONE P-1 PUBLIC PARE P-3 HAZARD LAN R-5 RESIDENTIAL R-7 RESIDENTIAL R-8 RESIDENTIAL -1 ZONE GRID REFI R � SCHEDULE NO. F OF APPENDIX 'A' -1 S51 KITCHENER ZON ZONE ZONING BY—LAW AMENDMENT ZBA; OFFICIAL PLAN AMENDMENT OPA2'e Cit/ of Kitchener DEVELOPMENT SERVICES DEPARTMENT, PLA NOTICE OF PUBLIC MEETING 7 for a development in your neighbourhood 130-140 Highland Rd. W. it 270 Spadina Ave. RTMENER Have Your Voice Heard! Planning & Strategic Initiatives Committee Date: June 19,2023 Location: Council Chambers, Kitchener City Hall 200 King Street West .�; orVirtual Zoom Meeting is Go to kitchener.ca/meetings ism and select: • Current agendas and reports Concept Drawing (posted 10 days before meeting) • Appear as a delegation • Watch a meeting �© To learn more aboutthis project, including information on yourappeal rights,visit: ©© www.kitchener.ca/ P401 0 PlanningApplications or contact: Mixed FLoor Space 17 Storeys, Brian Bateman, Senior Planner Use Ratio of 3.17 404 Dwelling brian.bateman@kitchener.ca Units 519.741.2200 x7869 The City of Kitchener will consider applications to amend the City's Official Plan and Zoning By-law to provide for a consistent land use designation and zoning to be applied across the subject properties to allow for a mixed-use development comprising of a 17 storey multiple dwelling with ground floor commercial, live/work units along Spadina Avenue and underground and surface parking as part of Phase 3 of the re -development plans. 211 dwelling units are proposed in Phase 3 brirf?egJLeF)&©Ilpifiit7cQLkit for all Phases to 404 dwelling units, 281 parking spaces and 92 bicycle storage spaces. URBAN DESIGN BRIEF 130 & 140 HIGHLAND ROAD E, & 270 SPADINA ROAD EAST CITY OF KITCHENER PREPARED BY: MHBC PLANNING r_ Imu Ml 1 1 g o I Irppp- a 00 of JO 0 � `"� I ' I URBAN DESIGN BRIEF 130 & 140 HIGHLAND ROAD E, & 270 SPADINA ROAD EAST CITY OF KITCHENER PREPARED BY: MHBC PLANNING r_ Imu Ml 0 Table of Contents Settian I --------------------------- i L -1:r•..--•-•--•-•--•--•- ._ I:1_{.t:rirn: r•—_IT a .~'1:1:'1 1 %I' '.1. �U •11.• tir :1Cf 'r ,r 1 Settian 2-•--•-•--•-•--•--•-•--•-•-- ;-_ ':k L— 1:: DIY ti: JL-! 11 "C1:•:"TI: I .',. = I •:1. _�-f. ti:I :ti: a_, I, rr• _ %•_fti• �� .1 �. L. � � L. _ •.T .1- 1�. tir %.... ':: V I "1:1 :k tir'.T 11:tir ati:I IW .. r- til .. - r1------------------------------ Settian :�••--•-•--•-•--•--•-•--•-•-- :.1 f. 'fir - 1 _,.a_ ::rr.::;%L •= .I f 1 I'_ ; J •,:;%I• I:1{.I'l.. Settian 4 Micraclimatc lm pact__ f ti til :, ti.f ---------------- :..1 titil %T::Z JI: --- ----•-•--•-•--•--•-•- Settian :.-, Cariclusianr. , -- • - • -- • _ • -- ...I f..rolk'I:.%----•-•--•-•--•--•-- Section 1 1.1 INTRODUCTION MacNaughton Hermsen Britton Clarkson Planning Limited (MHBC Planning) has been retained the 270 Development Inc. to prepare an Urban Design Brief for the redevelopment of the property municipally known as 130-140 Highland Road East (hereinafter referred to as the "subject lands") as Phase III of a larger consolidated land holding which includes the recently redeveloped and currently under construction Phases I and II respectively, of lands known as 270 Spadina Road East. In order to permit the proposed redevelopment, the approval of amendments to the City of Kitchener Official Plan and Zoning By- law are required. The Phase III of the proposal includes the redevelopment of the subject lands to a high density residential use consisting of a seventeen (17) -storey rental apartment building (with a 5 storey podium and an 10 storey tower) with 210 units comprised of 1 and 2 bedroom units, as well as 1 and 2 bedroom with optional dens. Structured and surface parking are proposed. The purpose of this Urban Design Brief is to describe the development proposal including the design objectives, provide insight as to why design decisions are appropriate given the site specific context and describe how the proposal is consistent with and supportive of the City of Kitchener urban design policies and directives. 1.2 SITE DESCRIPTION AND CONTEXTUAL ANALYSIS The subject lands are municipally addressed as 130 & 140 Highland Road East and 270 Spadina Road East are located in the City of Kitchener and Region of Waterloo.The lands have an area of 0.92 hectares with frontage onto Highland Road East and Spadina Road East. The subject lands are located in the Mill Courtland Woodside Park neighbourhood and are surrounded by a mix of land uses including 2 commercial uses immediately south of the si the site, and residential uses along Highland The subject lands are also well served by exis routes. Four GRT bus routes exist within 500 r 16, Route 1, Route 2, and iXpress Route 20 providing connections throughout the Cit including Grand River Hospital, St. Mary's Ger and to the broader Region via connecting k Transit (LRT) at multiple stations. Sidewalks are provided on both sides of the and Spadina Road East. In terms of cycling in Cycling and Trails Master Plan proposes Highland Road East through to Hoffman Stre( to Spadina Road East in the east providing ( transportation network. Cycling and pedestri� site through Highland Courts Park with coi which is a Primary Multi -Use Pathway/Conn Kitchener to Uptown Waterloo are also presE The subject lands are located in close proxi along Highland Road East. These uses are w 100 metres) and serve day to day needs of tl bakery, several convenience stores, person terms of institutional uses, the subject lai distance (less than 750 metres) from St. Bei Mary's General Hospital (less than 800 metr Park, Highland Courts Park, Lorne Park, Glen Horse Trans Canada Trail) are located within a subject lands. VICTORIA PARK • ,'•' ; • ' • •' PLACE I AND 11 • a aITQRtGREEN 4L�f ► •`+ ►!'4 ti . ! 44 • !I so OODSI E SELF • . • \ •, / +` r i �� STORAGE • � •,•• „ � " . • •� f d ` IN 'i WOOD IL7E PARK :, • �. • • _ ;' . * • r IN •. 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Tw'-- rf _ r r I_I -rr • L vri -I r�---I •r : - -r r~ y:: orr v -r; . .r,-ir% •n •.:.:.r I y - r- ':.r h.r % ' ~'':.: ' rr rr I ly: rvr :.r-rr -r7 ': i -rr %-r.- I y tr -i rr I•f 'r : _ y~ rr 1' rly -rf r • ly k. ly y � 'r'::.:.:. r I I % F. . i r : rr:ti I:.rrrr •:ayr' rr'.Ter -r: r titi":r ' rr':r -rr r:.r-i :...If'r:. y%:.""•:a"y "" r: r y'.:...rrreel rre- r Section 2 2.1 SITE DESIGN parking, proposed walkways and connection: provided leading directly from the public principle building entrances. Building entry visible and well lit with pedestrian scaled ligl- The development proposal includes a residential infill redevelopment of the The proposed Phase III development include subject lands that will provide a compact built form, complement existing with amenity areas and landscaped features uses, and enhance the public realm along Highland Street East and Spadina amenity space is provided above grade a Road East. the northeast corner of the site. Shared ac adjacent Spadina Phase 2 outdoor am The proposed Phase III of the redevelopment includes a seventeen (17) -storey rental apartment building consisting of a 5 -storey well-defined podium with a 10 -storey tower. Phase III proposes a mixture of surface, underground and structured parking that provides for a total of 118 parking spaces (including 13 visitor spaces and 3 barrier free spaces at grade in the surface lot at the rear of the proposed building) internal to the site as well as two bike storage rooms (Type A) that provide indoor parking for 91 bicycles. The proposed development will provide the Mill Courtland Woodside Park neighbourhood with 210 additional residential units including a mix of one bedroom, and two bedroom units as well as 1 and 2 bedroom units with optional dens ranging in size from 41 sq. metres to 85 sq. metres for a site total of 403 units.The 5 storey podium contains 4 Live -work units at the ground and first storey levels to provide a mix of uses (commercial and residential) that will help activate the street frontage along Highland Road East. Vehicular access to the structured parking area is off of Highland Road East. Access to the surface level parking is off of the laneway. Multiple pedestrian accesses are proposed along Highland Road East, including the primary entry to the principal lobby area. Access to the entryway is planned as barrier free. The proposed building for Phase III has been oriented with frontage onto Highland Road East to define the street edge and reinforce a human scale by providing direct connections to the existing public realm, streetscape and active transportation network. The existing surrounding uses have been considered in the design of the proposed development. The proposed development has been designed to provide frequent pedestrian connections to the public realm through building entrances, development, creating a well integrate balconies will be provided for each unit interior courtyard. The development desic attractive area with open spaces for a range 2.2 BUILT FORM, MASSING & ARTICULATI The massing of the proposed Phase III buildi of techniques including changes in buildir recessions; and varying window sizes. A 5 steps up to a 10 -storey tower has been desigi frontage. 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'.%I - l r-rrrrH r-.-:.: ;: -.'f : l.f'r: •-� r % - 1 "yZ rrr:.I rr: jrnr.•'rI"+ I From: Niall Melanson Sent: Friday, January 13, 2023 1:36 PM To: rjohnston@sbmltd.ca; Brian Bateman Cc: Angela Mick; Louise Sanford; Shailesh Shah Subject: 130-140 Highland Road East, ZBA22/028/H/BB - Engineering & KU clearance Good afternoon Brian Please be advised that Engineering and Kitchener Utilities have reviewed SBM's Functional Servicing Report and can provide our clearance for the ZBA. Rob — Please be advised that the City will be reconstructing this stretch of Highland Road East this year. It would be beneficial for all is we could coordinate service lateral installation with the City's reconstruction project. At a minimum Engineering would expect to see a Site Plan Application made by the owner. I would suggest following up with Vive. Please let me know if you have further questions. Cheers Niall Melanson, C.E.T. Project Manager I Development Engineering I City of Kitchener 519-741-2200 Ext. 7133 1 TTY 1-866-969-9994 1 niall.melanson@kitchener.ca Page 606 of 792 From: Proximity <proximity@cn.ca> Sent: Monday, January 16, 2023 4:11 PM To: Brian Bateman Subject: 2023-01-16—CN—RES—Circulation for Comment - OPA/ZBA (130-140 Highland Rd. E. & 270 Spadina Ave.) Attachments: 130-140 Highland Agency Letter.pdf; OPA22016HBB_SCHA_12.pdf; ZBA22028HBB_MAP1.pdf Hello Brian, Thank you for consulting CN on the application mentioned in subject. CN encourages the municipality to pursue the implementation of the following criteria as conditions of an eventual project approval for the segment of the project identified as Area 2 in attached location plan: 1. The Owner shall engage a consultant to undertake an analysis of noise. Subject to the review of the noise report, the Railway may consider other measures recommended by an approved Noise Consultant. 2. The following clause should be inserted in all development agreements, offers to purchase, and agreements of Purchase and Sale or Lease of each dwelling unit within 300m of the railway right-of-way: "Warning: Canadian National Railway Company or its assigns or successors in interest has or have a rights-of-way within 300 metres from the land the subject hereof. There may be alterations to or expansions of the railway facilities on such rights-of-way in the future including the possibility that the railway or its assigns or successors as aforesaid may expand its operations, which expansion may affect the living environment of the residents in the vicinity, notwithstanding the inclusion of any noise and vibration attenuating measures in the design of the development and individual dwelling(s). CNR will not be responsible for any complaints or claims arising from use of such facilities and/or operations on, over or under the aforesaid rights-of-way." 3. The Owner shall through restrictive covenants to be registered on title and all agreements of purchase and sale or lease provide notice to the public that the noise isolation measures implemented are not to be tampered with or altered and further that the Owner shall have sole responsibility for and shall maintain these measures to the satisfaction of CN. 4. The Owner shall enter into an Agreement with CN stipulating how CN's concerns will be resolved and will pay CN's reasonable costs in preparing and negotiating the agreement. 5. The Owner shall be required to grant CN an environmental easement for operational noise and vibration emissions, registered against the subject property in favour of CN. CN anticipates the opportunity to review a N&V study taking into consideration CN development guidelines. Thank you and do not hesitate to contact me with any questions. Best regards Page 607 of 792 Ashkan Matiabi, Urb. OUQ. MBA Urbaniste senior / Senior Planner (CN Proximity) Planning, Landscape Architecture and Urban Design Urbanisme, architecture de paysage et design urbain N % %% I ) E : proximitya-cn.ca T: 1-438-459-9190 1600, Rene -Levesque Ouest, 11 a etage Montreal (Quebec) 1-131-1 1 P9 CANADA wsp.com From: Christine Kompter<Christine.Kompter@kitchener.ca> Sent: Tuesday, January 10, 2023 1:24 PM To: Proximity <Proximity@cn.ca>; _DL_#_DSD_Planning <DSD-PlannineDivision@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 <Sylvie.Eastman@kitchener.ca>; WCDSB - Planning <planning@wcdsb.ca>; WRDSB - Board Secretary (elaine burns@wrdsb.ca) <elaine burns@wrdsb.ca>; WRDSB - Planning <planning@wrdsb.ca> Cc: Brian Bateman <Brian.Bateman@kitchener.ca> Subject: Circulation for Comment - OPA/ZBA (130-140 Highland Rd. E. & 270 Spadina Ave.) CAUTION: This email originated from outside CN: DO NOT click links or open attachments unless you recognize the sender AND KNOW the content AVERTISSEMENT : ce courriel provient d'une source externe au CN : NE CLIQUEZ SUR AUCUN lien ou piece jointe a moins de reconnaitre 1'expe Please see attached - additional documents available for review in ShareFile. Comments or questions should be directed to Brian Bateman, Senior Planner (brian.bateman@kitchener.ca; 519-741-2200 x7869). Page 608 of 792 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 609 of 792 City of Kitchener - Comment Form Project Address: 130, 140 Highland Rd. E. Application Type: OPA and ZBA Comments of: Environmental Planning (Sustainability) — City of Kitchener Commenter's name: Gaurang Khandelwal Email: gaurang.khandelwal@kitchener.ca Phone: 519-741-2200 x 7611 Written Comments Due: NA Date of comments: May 26, 2023 1. Plans, Studies and/or Reports submitted and reviewed as part of a complete application: • Sustainability Statement — 130, 140 Highland Rd. E., prepared by MHBC, dated November 24, 2022 • Sustainability Statement (Updated) — 130&140 Highland Road E, prepared by MHBC, dated March 24, 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 a 17 -storey apartment building with a total of 211 units, 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. • Based on my review of the supporting documentation, the Official Plan and Zoning Bylaw Amendments can be supported as several sustainable measures have been proposed or are being considered for the development. • 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 as the design evolves. • Potential items for further consideration: o Alternative water supply systems such as rainwater harvesting or grey water reuse, or the ability to incorporate such systems in the future 1IPage Page 610 of 792 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 21 Page Page 611 of 792 From: Barbara Steiner Sent: Wednesday, January 11, 2023 3:46 PM To: Brian Bateman Cc: Sandro Bassanese; Lenore Ross Subject: City Envl Ping (Nati Hrtg) - OPA/ZBA (130-140 Highland Rd. E. & 270 Spadina Ave.) OPA22/016/H/BB and ZBA22/028/H/BB Attachments: 2022-11-01 - 140 - Aboud - 22-124A 140 Highland Road East Kitchener TPP 2022-10-31.pdf Brian: Thank you for forwarding the Tree Preservation Plan (Aboud & Associates Inc. 31 Oct 2022) required under the City's Tree Management Policy (rev. 2001) as a supporting study to the application for OPA / ZBA. For these types of development applications (i.e. not SP) Environmental Planning staff are normally responsible for review and comment as opposed to Urban Design staff. Because the re -development at 270 Spadina Rd E has been the subject of a SPA for some years, and trees affected have been extensively reviewed by Urban Design staff (S. Bassanese), we are deferring any (further) comment to Urban Design for that area of the application. With the addition of 130 and 140 Highland Rd E to the application, I have reviewed the Tree Preservation Plan submitted and observe: Trees at 140 Highland Rd E that existed in April 2019 were removed prior to April 2020, presumably as approved with the development / SPA at 270 Spadina Rd E. Comment also deferred to Urban Design staff. Trees at 130 Highland Rd E are restricted to those in shared ownership with the City (Highland Courts Park) and are comprised of Siberian Elms (proposed removal), White Mulberry (proposed removal), and one Little -leaf Linden which is proposed to be retained (but potentially impacted). No natural heritage values (i.e. retention representative of Ontario biodiversity) associated with the fate of these non-native trees will be impaired. So, therefore, we defer the review and decision-making on the fate of these trees to City Parks / Forestry staff. Therefore, City Environmental Planning staff have no further concerns with Official Plan Amendment OPA22/016/H/BB or Zoning By-law Amendment ZBA22/028/H/BB. Barbara Steiner Senior Environmental Planner I Planning I City of Kitchener 519-741-2200 X7293 I TTY 1-866-969-9994 1 barbara.steiner@kitchener.ca From: Christine Kompter<Christine.Kompter@kitchener.ca> Sent: Tuesday, January 10, 2023 1:24 PM To: CNR <proximity@cn.ca>; _DL_#_DSD_Planning <DSD-PlanningDivision@kitchener.ca>; Bell - c/o WSP <circulations@wsp.com>; Carlos Reyes <Carlos.Reyes@kitchener.ca>; Darren Kropf Page 612 of 792 <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 <Sylvie.Eastman@kitchener.ca>; WCDSB - Planning <planning@wcdsb.ca>; WRDSB - Board Secretary (elaine burns@wrdsb.ca) <elaine burns@wrdsb.ca>; WRDSB - Planning <planning@wrdsb.ca> Cc: Brian Bateman <Brian.Bateman@kitchener.ca> Subject: Circulation for Comment - OPA/ZBA (130-140 Highland Rd. E. & 270 Spadina Ave.) Please see attached - additional documents available for review in ShareFile. Comments or questions should be directed to Brian Bateman, Senior Planner (brian.bateman@kitchener.ca; 519-741-2200 x7869). 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 4 TUTS Page 613 of 792 N* Region of W aterioo Brian Bateman Senior Planner City of Kitchener 200 King Street West, 6t" Floor P.O. Box 1118, Kitchener, ON N2G 4G7 Dear Mr. Bateman, PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES Community Planning 150 Freftick Street 8th Floor Kitftrer 0i"io NZG 4J3 Canada Tele we 519.575.4400 TTY 519-575-46DB fax 519.575-4466 www.regionotwatefloo ca Melissa Mohr 1-226-752-8622 File: D17/2/22016 C14/2/22028 April 6, 2023 Re: Proposed Official Plan Amendment OPA 22/16 and Zoning By-law Amendment ZBA 22/28 130-140 Highland Road East and 270 Spadina Road East MHBC Planning Inc. (C/O Pierre Chauvin) on behalf of 270 Developments Inc. (C/O Vive Development 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 130-140 Highland Road East and 270 Spadina Avenue (referred to as subject lands) in the City of Kitchener. There is a six (6) -storey residential building that is under construction on the lands described as 270 Spadina Avenue and the applicant has proposed to consolidate this property with the lands addressed as 130-140 Highland Road East and add a seventeen (17) -storey purpose built rental apartment building on the lands. The proposed building consists of a 5 -storey podium with a 12 -storey tower with within the building. Vehicular access is proposed form Hi( Road East. Structured parking has also been propose structure from Highland Road East. Vehicular access Highland Road East and Spadina Road East with pedestr from Highland Road East. 122 residential units proposed hland Road East and Spadina 1 with access to the parking to the site is proposed from ian access to the new building The subject lands are located in the Urban Area and designated Built Up Area in the Regional Official Plan. The site is designated Low Density Commercial Residential and Document Number: 4352665 Version: 1 Page 614 of 792 Medium Density Residential in the City of Kitchener Official Plan and zoned Commercial Residential One Zone (CR -1) Zone, Medium Density Residential and Special Regulation 738R in the City of Kitchener Zoning By-law. The applicant has requested an Official Plan Amendment to redesignate the lands from the Low Density Commercial Residential and Medium Density Multiple Residential to the High Density Commercial Residential designation. The Applicant has requested a Zoning By-law Amendment to rezone the subject lands from Commercial Residential One Zone (CR -1) Zone, Medium Density Residential Zone and Special Regulation 738R to Commercial Residential Three Zone (CR -3) Zone with site-specific special regulations for the height of the building, step backs, setbacks and parking provisions tailored to the development. These amendments will facilitate the additional density proposed on site and permit site-specific provisions tailored to the development. 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 Low Density Commercial Residential and Medium Density Multiple Residential in the Mill Courtland —Woodside Park 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 2.13). 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 an approximate use of land uses that support walking, cycling and the use of transit serviced by a municipal drinking -water supply system and a municipal wastewater system. It is Regional staff's understanding that the development proposes additional apartment style housing units that are a different housing form than what is otherwise available within the immediate area. In addition, Regional staff understand that the proposed development is to connect to local the municipal water and sanitary services available in the Highland Road East right of way. ROPA 6 Adopted Policies: 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 2.F 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, transition the Region of Document Number: 4352665 Version: 1 Page 615 of 792 Waterloo into an energy efficient, low carbon community and support the gradual transition of existing neighbourhoods into 15 minute neighbourhoods where 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. Further to the above, ROPA 6 encourages and supports higher density developments that provide for a range of housing forms. The apartment style units proposed through this development will promote an alternative housing form than what is readily available within the immediate neighbourhood and it will contribute to the creation of the 15 - minute neighbourhood envisioned within the plan with access to transit along Highland Road East. 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 known and high environmental threats on the subject lands due to past/historic uses of the site for various manufacturing uses. 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. Regional staff acknowledge that the lands described as 270 Spadina Road East have an existing Record of Site Condition (RSC) filed on them (RSC # 225764) including a Ministry Acknowledgment Letter. Since the Record of Site Condition and Ministry Acknowledgement Letter were not received for 130-140 Highland Road East as part of the Complete Application for the Official Plan Amendment or Zoning By-law Amendment, the Region shall require a Holding Provision to be implemented as part of the Zoning By-law Amendment prohibiting 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 for the lands municipally addressed as 130 and 140 Highland Road East. 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): A peer review of the Environmental Noise Study entitled "Noise Feasibility Study Proposed Residential Development, 130-140 Highland Road East, Kitchener, Ontario, Document Number: 4352665 Version: 1 Page 616 of 792 Canada" prepared by HGC Engineering dated October 18, 2022, was completed by RWDI and their comments are attached to this letter. Based on the attached comments, additional information is needed to support the assertions and results provided within the noise study. The issues raised through the attached comments from RWDI must be addressed. To ensure the Region received a satisfactory Noise study, the Region shall require a holding provision be implemented within the site-specific Zoning By-law Amendment. The required wording for the Holding Provision shall be: 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 the points of reception (e.g. HVAC systems) on the sensitive points of reception and the impacts of the development on adjacent noise sensitive uses. Corridor Planning: Future Site Plan Stage Transit Planning/Transportation Demand Management (TDM).- Regional TDM):Regional Transit staff have reviewed the Transportation Impact Study (TIS) and Parking Study that was submitted with the application and have the following comments related to transit and TDM measures: Regional staff are supportive of reduced parking supplies, the provision of unbundled parking and surplus bike parking as impactful TDM measures for this site. The applicant includes additional TDM strategies within section 8.6 of the Planning Justification Report to justify additional parking reductions including the implementation of subsidized transit passes. If this tool is implemented, it requires a commitment from the owner/applicant to manage, administer, and fund the full cost of monthly transit passes for the residents of the building. In addition, if subsidized transit passes are implemented within this development, further consultation and confirmation of expectations between all three parties (Applicant, City, Region (GRT) is required. Another TDM strategy proposed by the applicant is the provision for car -sharing vehicles to be used on site. Please note that the most established car -sharing program in Waterloo Region is Communauto. Regional staff understand that Communauto offers unique programming to "launch" a car share vehicle through a business agreement with the property owner. Please contact Janet MacLeod imacleod(a-)-communauto.ca to learn more about opportunities about the car share program at Communauto. In addition to the above, Grand River Transit (GRT) staff respectfully request the PARTS TDM Checklist and note that additional comments may be provided once the review of the checklist is completed. Finally, please note that this stretch of Highland Road East is identified in the City of Kitchener's 10 -year capital forecast for reconstruction in 2023. Transit Requirements.- Document equirements: Document Number: 4352665 Version: 1 Page 617 of 792 Grand River Transit (GRT) operates Route 16 on Highland Road East adjacent to the subject lands. Please be advised that no changes to this route are planned. There are transit stops in the vicinity of the site. Transit stop no. 3105 is located on the east side of Highland Road at the south side of the intersection of Highland Road East and Spadina Road East, approximately 75m from the subject lands. It features a combined shelter/landing pad. Transit stop no. 2820 is located on the west side of Highland Road East at the Highland Road East and Spadina Road East intersection, which features a stop pole and landing pad in the boulevard. In anticipation of additional density at the subject lands, transit stop no. 3105 will be relocated to the Highland Road East frontage and will be upgraded with additional transit amenities. Through a future Site Plan application, the owner/developer shall be responsible to provide for the following transit amenities: a) Construction of a 9.5m x 2m landing pad, preferably at the same time as the City's reconstruction of Highland Road East as indicated above; b) Provide funds for a 4m x 3.2 transit shelter likely adjacent to the parking lot nearside of the proposed driveway on Highland Road East; and c) Provide a 5m x 3m easement for a shelter pad. Please be advised that the pad may be required on the Highland Road East frontage behind the sidewalk (likely adjacent to the parking lot near the driveway). For clarification in this regard, please contact Bridget Coady at 519-585-7597 ext. 7379 or via email: bcoady(a)regionofwaterloo.ca Hydrogeology 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 ooling,including open -loop and closed-loop vertical borehole systems. A geothermal well does not include a horizontal system where construction or excavation occurs to depths less than five meters unless the protective geologic layers overlaying a vulnerable aquifer have been removed through construction or excavation. Housing Services The following Regional policies and initiatives support the development and maintenance of affordable housing: • Regional Strategic Plan • 10 -Year Housing and Homelessness Plan • Building Better Futures Framework • Region of Waterloo Official Plan Document Number: 4352665 Version: 1 Page 618 of 792 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 30 per cent of the gross annual which do not exceed 30 percent of gross $385,500 annual household income for low and moderate income households income renter households Housing for which the purchase price is at least 10 percent below the average $576,347 purchase price of a resale unit in the average market rent (AMR) in the regional market area $1,134 *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) 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. Document Number: 4352665 Version: 1 Page 619 of 792 Fees Please be advised that the Region acknowledges receipt of the Official Plan Amendment and Zoning By-law Amendment review fees totalling $10,000 (received February 14, 2023). Follow Up: The Region is not satisfied with the Environmental Noise study as per the attached comments. Please be advised that the Region must be satisfied with the conclusions, recommendations and implementation measures for transportation and stationary noise therefore, the Region shall require a holding provision to ensure the study is addressed appropriately. Conclusions: The Region has no objection to the Official Plan Amendment and Zoning By-law Amendment subject to the following being implemented within the site-specific Zoning By-law Amendment: The implementation of a holding provision to obtain detailed 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 completed and implementation measures addressed to the satisfaction of the Regional Municipality of Waterloo. The detailed stationary noise study shall review the potential impacts of the points of reception (e.g. HVAC systems) on the sensitive points of reception and the impacts of the development on adjacent noise sensitive uses. 2. The implementation of a holding provision to obtain a Record of Site Condition and Ministry Acknowledgement Letter on the lands addressed as 130 and 140 Highland Road East. 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 Ned 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. And, 3. That a geothermal prohibition be implemented within the site specific Zoning By-law. The required wording for the prohibition is: Document Number: 4352665 Version: 1 Page 620 of 792 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 ooling,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. Please be advised that further implementation measures may be required at this stage once the Region has received a satisfactory noise study. 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 and/or Juliane von Westerholt (Applicant), 270 Developments Inc. C/O Vive Development Corporation (Owner) Document Number: 4352665 Version: 1 Page 621 of 792 From: Mike Seiling Sent: Tuesday, January 10, 2023 2:26 PM To: Brian Bateman Subject: FW: Circulation for Comment - OPA/ZBA (130-140 Highland Rd. E. & 270 Spadina Ave.) Attachments: 130-140 Highland Agency Letter.pdf; OPA22016HBB_SCHA_12.pdf; ZBA22028HBB_MAP1.pdf Building; no concerns From: Christine Kompter<Christine.Kompter@kitchener.ca> Sent: Tuesday, January 10, 2023 1:24 PM To: CNR <proximity@cn.ca>; _DL_#_DSD_Planning <DSD-PlannineDivision@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 <Sylvie.Eastman@kitchener.ca>; WCDSB - Planning <planning@wcdsb.ca>; WRDSB - Board Secretary (elaine burns@wrdsb.ca) <elaine burns@wrdsb.ca>; WRDSB - Planning <planning@wrdsb.ca> Cc: Brian Bateman <Brian.Bateman@kitchener.ca> Subject: Circulation for Comment - OPA/ZBA (130-140 Highland Rd. E. & 270 Spadina Ave.) Please see attached - additional documents available for review in ShareFile. Comments or questions should be directed to Brian Bateman, Senior Planner (brian.bateman@kitchener.ca; 519-741-2200 x7869). 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 622 of 792 Page 623 of 792 From: Trevor Heywood <theywood@grandriver.ca> Sent: Tuesday, January 10, 2023 2:55 PM To: Brian Bateman Subject: RE: Circulation for Comment - OPA/ZBA (130-140 Highland Rd. E. & 270 Spadina Ave.) Hey Brian, This is not regulated by the GRCA and we have no comment. Regards, Trevor Heywood Resource Planner Grand River Conservation Authority 400 Clyde Road, PO Box 729 Cambridge, ON N1 5W6 Phone: 519-621-2763 ext. 2292 Email: theywood(agrand river. ca www.arandriver.ca I Connect with us on social media From: Christine Kompter<Christine.Kompter@kitchener.ca> Sent: January 10, 2023 1:24 PM To: CNR <proximity@cn.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>; Planning <planning@grandriver.ca>; Greg Reitzel <Greg.Reitzel@kitchener.ca>; Hydro One - Dennis DeRango <landuseplanning@hydroone.com>; Jim Edmondson <Jim.Edmondson@kitchener.ca>; Justin Readman <Justin.Readman@kitchener.ca>; Katherine Hughes<Katherine.Hughes@kitchener.ca>; Mike Seiling <Mike.Seiling@kitchener.ca>; Ontario Power Generation <Executivevp.lawanddevelopment@opg.com>; Park Planning (SM) <Park.Planning@kitchener.ca>; Region - Planning<PIanningApplications@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 <plannine@wrdsb.ca> Cc: Brian Bateman <Brian.Bateman@kitchener.ca> Subject: Circulation for Comment - OPA/ZBA (130-140 Highland Rd. E. & 270 Spadina Ave.) Please see attached - additional documents available for review in ShareFile. Comments or questions should be directed to Brian Bateman, Senior Planner (brian.bateman@kitchener.ca; 519-741-2200 x7869). Page 624 of 792 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 649100000MIG Page 625 of 792 From: Sent: To: Subject: Attachments: Hi Brian, The attached UDB is acceptable. Thanks, Katey Katey Crawford Friday, May 12, 2023 9:27 AM Brian Bateman RE: 130-140 Highland and 270 Spadina UDB revised 15213AX_UDB_ revised May 11th (november 23) 2022—Draft v2.pdf From: Brian Bateman <Brian.Bateman@kitchener.ca> Sent: Friday, May 12, 2023 9:02 AM To: 'Juliane vonWesterholt' <ivonwesterholt@mhbcplan.com> Cc: Katey Crawford <Katey. Crawford@kitchener.ca> Subject: RE: 130-140 Highland and 270 Spadina UDB revised Thanks, Juliane. Brian Bateman, MCIP, RPP Senior Planner City of Kitchener 519-741-2200 x7869, TTY 1-866-969-9994 ase the projeets laces you line, orRirratigns are naw apen for Kit-chener's ilreut Places awards. From: Juliane vonWesterholt <ivonwesterholt@mhbcplan.com> Sent: Thursday, May 11, 2023 3:11 PM To: Brian Bateman <Brian.Bateman@kitchener.ca> Cc: Katey Crawford <Katey. Crawford@kitchener.ca> Subject: 130-140 Highland and 270 Spadina UDB revised Importance: High Hi Brian, Here is the revised UDB for your files. Hope this is all you need to move forward with the applications! Page 626 of 792 Have a good afternoon. JULIANE von WESTERHOLT BES, MCIP, RPP Associate M H BC Planning, Urban Design & Landscape Architecture 540 Bingemans Centre Drive, Suite 200 Kitchener I ON I N213 3X9 I T 519 576 3650 X 720 1 C 519 504 1044 1 F 519 576 0121 ivonwesterholt@mhbcplan.com Follow us: Webpage I Linkedin I Facebook I Twitter I Vimeo I Instagram rY YE'JAR5 MHB PANNING URBAN DESIGN & LANDSCAPE ARCHITECTURE This communication is intended solely for the named addressee(s) and may contain information that is privileged, confidential, protected or otherwise exempt from disclosure. No waiver of confidence, privilege, protection or otherwise is made. If you are not the intended recipient of this communication, please advise us immediately and delete this email without reading, copying or forwarding it to anyone. Page 627 of 792 From: Lenore Ross Sent: Wednesday, April 12, 2023 4:34 PM To: Brian Bateman; Katey Crawford; Dave Seller Cc: Sandro Bassanese Subject: RE: 270 Spadina Inc., OPA22/016/H/BB and ZBA22/028/BB Hi Brian, The updated TPEP and valuation is acceptable for the OPA/ZBA. Additional changes may be necessary if/when detailed design is advanced. The revised truck turning movement plan appears to show an acceptable path for garbage pick up that stays out of the anticipated multiuse trail, however, I will let Dave provide this clearance. I don't think the preliminary design for the Highland Road reconstruction and cycling improvements is public yet so the updated truck movement plan does not incorporate the 1.8m sidewalk or the cycle track accurately... but it may be sufficient for the OPA/ZBA. Again, if/when detailed design is advanced, there may need to be refinements in the amount/configuration of land necessary for physical parkland dedication at the Highland Courts Park entrance. The use of the park access will be subject to separate approvals and agreements through Legal and the required changes/upgrades to the park entrance will be at the sole cost of the developer as part of the future site plan application. I had noted in my previous comments that adequate land on-site should be provided to accommodate required tree planting adjacent to Highland Courts Park and while the response matrix indicates that the revised site plan addresses this comment, the surface parking and below grade parking structure still appear to be only 1m off the property line and while this setback is not covered by zoning there will need to be a visual barrier in this space and the preliminary grading plan anticipates a low retaining wall ... there will not be room for trees. Regards, Lenore From: Brian Bateman <Brian.Bateman@kitchener.ca> Sent: Thursday, April 6, 2023 1:26 PM To: Katey Crawford <Katey. Crawford@kitchener.ca>; Lenore Ross <Lenore.Ross@kitchener.ca>; Dave Seller <Dave.SelIer@kitchener.ca> Cc: Sandro Bassanese <Sandro.Bassanese@kitchener.ca> Subject: FW: 270 Spadina Inc., OPA22/016/H/BB and ZBA22/028/BB Hello Katey, Lenore & Dave, I have been meaning to send this email to you earlier — apologize for the delay. Attached is a letter from MHBC responding to issues you have identified with the proposal. Can you kindly review at your earliest convenience and advise if the response and plans address your concerns. Much appreciated. Brian Bateman, MCIP, RPP Senior Planner City of Kitchener Page 628 of 792 519-741-2200 x7869, TTY 1-866-969-9994 000000000 s � GREAT ..G PLACES FGwrease the projects laces you lone, at inatiens are n for Kitchener's Pia, s awards, From: Pierre Chauvin <pchauvin@mhbcplan.com> Sent: Friday, March 24, 2023 5:05 PM To: Brian Bateman <Brian.Bateman@kitchener.ca> Cc: Stephen Litt <sl@vivedevelopment.ca>; Mark Hoculik <mh@vivedevelopment.ca>; Laird A Robertson <laird@NEOarchitecture.ca>; Santiago <santiago@neoarchitecture.ca>; Juliane vonWesterholt <ivonwesterholt@mhbcplan.com> Subject: 270 Spadina Inc., OPA22/016/H/BB and ZBA22/028/BB Hi Brian, Please find attached our response to the agency/department comments received. Due to size of the files, I have included the attachments to the letter in the following dropbox link. https://www.dropbox.com/t/5skR5GOkxXekVX7i We look forward to continuing to work with you to move this exciting project forward. Thanks, Vacation Alert: I will be off from March 301h to April 11tH PIERRE CHAUVIN, MA, MCIP, RPP I Partner M H BC Planning, Urban Design & Landscape Architecture 540 Bingemans Centre Drive, Suite 200 Kitchener I ON I N213 3X9 I T 519 576 3650 X 701 1 C 519 580 4912 1 F 519 576 0121 pchauvin@mhbcplan.com Follow us: Webpaqe I Linkedin I Facebook I Twitter I Vimeo I Instagram # P L A N N I URBAN DESIGN LANDSCAPE Y E A R S MHBC ARCHITECTURE This communication is intended solely for the named addressee(s) and may contain information that is privileged, confidential, protected or otherwise exempt from disclosure. No waiver of confidence, privilege, protection or otherwise is made. If you are not the intended recipient of this communication, please advise us immediately and delete this email without reading, copying or forwarding it to anyone. Page 629 of 792 From: Planning <planning@wcdsb.ca> Sent: Monday, January 16, 2023 9:09 AM To: Brian Bateman Subject: RE: Circulation for Comment - OPA/ZBA (130-140 Highland Rd. E. & 270 Spadina Ave.) Good Morning Brian, The Waterloo Catholic District School Board has reviewed the subject application and based on our development circulation criteria have the following comment(s)/condition(s): A) That any Education Development Charges shall be collected prior to the issuance of a building permit(s). B) That the developer shall include the following wording in the site plan agreement to advise all purchasers of residential units and/or renters of same: "in order to limit risks, public school buses contracted by Student Transportation Services of Waterloo Region (STSWR), or its assigns or successors, will not travel on privately owned or maintained right-of-ways to pick up and drop off students, and so bussed students will be required to meet the bus at a congregated bus pick-up point." If you require any further information, please contact me by e-mail at Jordan. Neale@wcdsb.ca. Thank you, Jordan Neale Planning Technician, WCDSB 480 Dutton Dr, Waterloo, ON N2L 4C6 519-578-3660 ext. 2355 From: Christine Kompter<Christine.Kompter@kitchener.ca> Sent: Tuesday, January 10, 2023 1:24 PM To: CNR <proximity@cn.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 Page 630 of 792 <Steven.Ryder@kitchener.ca>; Sylvie Eastman <Sylvie.Eastman@kitchener.ca>; Planning <planning@wcdsb.ca>; WRDSB - Board Secretary (elaine burns@wrdsb.ca) <elaine burns@wrdsb.ca>; WRDSB - Planning <planning@wrdsb.ca> Cc: Brian Bateman <Brian.Bateman@kitchener.ca> Subject: Circulation for Comment - OPA/ZBA (130-140 Highland Rd. E. & 270 Spadina Ave.) Caution - External Email - This Message comes from an external organization. Do NOT click on unrecognized links or provide your username and/or password. Please see attached - additional documents available for review in ShareFile. Comments or questions should be directed to Brian Bateman, Senior Planner (brian.bateman@kitchener.ca; 519-741-2200 x7869). 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 �c� 000�o o Disclaimer - This email and any files transmitted with it are confidential and contain privileged or copyright information. You must not present this message to another party without gaining permission from the sender. If you are not the intended recipient you must not copy, distribute or use this email or the information contained in it for any purpose other than to notify us. If you have received this message in error, please notify the sender immediately, and delete this email from your system. We do not guarantee that this material is free from viruses or any other defects although due care has been taken to minimize the risk. Any views expressed in this message are those of the individual sender, except where the sender specifically states them to be the views of the Waterloo Catholic District School Board. Page 631 of 792 From: Dave Seller Sent: Thursday, March 23, 2023 11:47 AM To: Brian Bateman Subject: UPDATED OPA/ZBA comments: 130, 140 Highland Rd E City of Kitchener Application Type: Official Plan and Zoning By-law Amendments Application: Official Plan Amendment OPA22/016/H/BB Zoning By-law Amendment ZBA22/028/H/BB Project Address: 130, 140 Highland Road East & 270 Spadina Road East Comments of: Transportation Services Commenter's Name: Dave Seller Email: dave.seller@kitchener.ca Phone: 519-741-2200 ext. 7369 Date of Comments: March 23, 2023 a. After reviewing the Transportation Impact Study, Parking Study and Access and Circulation Review (October 2022) submitted by Paradigm Transportation Solutions Limited, Transportation Services offer the following comments. The applicant is proposing a 17 storey residential development consisting of 211 apartment units, with a total of 121 vehicle parking spaces, which results in a parking ratio of 0.57 spaces per unit. The development is estimated to generate 52 AM and 62 PM peak hour vehicle trips. The AM and PM peak hour trips include the 2031 Region of Waterloo mode share reduction. The site will be serviced by two full moves access point along Highland Road East. One site access is proposed to be a shared access with the City of Kitchener Highland Courts Park access for the surface parking area and a new access point between Spadina Road East and the Highland Courts Park access is proposed for the underground parking area. The two intersections noted below were reviewed under existing traffic conditions and were expressed as Level of Service (LOS), v/c ratios and vehicle delay. The analysis indicated that the two intersections are operating with acceptable level of service and within capacity in the AM and PM peak hours. • Highland Road East at Spadina Road East • Highland Road East at Highland Courts Park access Under the forecasted 2027 total traffic volumes, the three intersections noted below were analyzed and indicated that they are operating with acceptable level of service and within capacity in the AM and PM peak hours. It should be noted that the Highland Courts Park access and the parking garage access are operating with a LOS C or better during the AM and PM peak hours. At times vehicle queues are forecasted to extend past the parking garage access along Highland Road East and based on Paradigm's traffic counts/video observations, the queues are expected to disperse quickly within each cycle of the traffic signal at Highland Road East at Spadina Road East. • Highland Road East at Spadina Road East Page 632 of 792 • Highland Road East at Highland Courts Park access • Highland Road East at parking garage access Further analysis was completed, as some residents have concerns regarding traffic operations along Highland Road East due to the proposed development. A review of the existing conditions and future 2027 conditions along Highland Road East was completed and the worst-case statistics were taken from the AM and PM peak hours and are noted below. Existing conditions along Highland Road East at Spadina Road East and Highland Road East at Highland Courts Park access are operating with a LOS A, vehicle delays of 9 seconds or less, v/c ratios of 0.42 or less and vehicle queuing of approximately 8 vehicles (52m) or less. The future 2027 conditions along Highland Road East at Spadina Road East, Highland Road East at Highland Courts Park access and Highland Road East at parking garage access are operating with a LOS A, vehicle delays of 10 seconds or less, v/c ratios of 0.46 or less and vehicle queuing of approximately 9 vehicles (59m) or less. Therefore, a comparison between the existing conditions and future 2027 conditions along Highland Road East noted minor increases of 1 second in vehicle delay, 0.04 in v/c ratios and 1 vehicle in queuing. Increases in these characteristics are to be expected and are also minor in nature, therefore, Transportation Services would not expect the road network to be negatively impacted. A left turn lane analysis was completed utilizing Transportation Association of Canada (TAC) and Ministry of Transportation (MTO) guidelines along Highland Road East at Highland Courts Park access and the parking garage access for the 2027 total traffic volumes and it was determined that left turn lanes along Highland Road East is not recommended. The City of Kitchener supports this recommendation. Based on the results of the Institute of Transportation Engineers (ITE) rates, proxy site data and auto ownership in the area, the forecasted residential parking ratios are between 0.55 and 0.73 spaces per unit, which results in a parking supply of 116 to 154 vehicles, where the applicant is proposing 121 parking spaces. Residents or visitors to this development have several different alternative modes of transportation available to them, to reduce dependency on the motor vehicle and to support a reduced parking ratio. Below is a list of those alternative modes of transportation. • Cycling - access to the Iron Horse Trail less than 400m from the site • Pedestrian walkability - concrete sidewalks are both sides of roadways in the surrounding area and provides access to the downtown with a 12 minute walk and a 9 minute walk to St. Mary's hospital. • Grand River Transit Route #16, less than 200m from the site, with connections to ION Route 301, which provide access within the Region of Waterloo to major destinations including Uptown Waterloo, Conestoga Mall and Fairway Park Mall. Page 633 of 792 Truck turning movements for the garbage/loading access to be resubmitted, as the truck is in conflict with the proposed bike lane along Highland Courts Park access. In support of a reduced parking rate, the following Transportation Demand Management (TDM) strategies must be provided for this development. That vehicle parking is unbundled from the sale/rent agreement for each dwelling unit and that a total of 91 bicycle parking spaces are being provided and should be allocated as follows. 0 85 Class A bicycle parking spaces • 6 Class B bicycle parking spaces It should be noted that a portion of the Class A bicycle parking could be located within the individual residential units, whether they are supported vertically or horizontally. Access to secure Class A bicycle parking should have external ground floor access and an internal access to the secure room. Therefore, based on Paradigm's analysis and recommendations, Transportation Services is supportive of the proposed residential parking ratio of 0.57 spaces per unit and TDM strategies note above. Of the 121 parking spaces provided, 100 spaces be allocated for the residential portion and 21 spaces be allocated for visitor parking. The visitor parking is based on 10% of the number of dwelling units. Dave Seller, C.E.T. Traffic Planning Analyst I Transportation Services I City of Kitchener 519-741-2200 ext. 7369 1 TTY 1-866-969-9994 1 dave.seller@kitchener.ca Page 634 of 792