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HomeMy WebLinkAboutPSI Agenda - 2023-08-14Planning & Strategic Initiatives Committee Agenda Monday, August 14, 2023, 7:00 p.m. - 9:00 p.m. Council Chambers - Hybrid City of Kitchener 200 King Street W, Kitchener, ON N2G 4G7 People interested in participating in this meeting can register online using the delegation registration form at www.kitchener.ca/delegation or via email at delegation(a)kitchener.ca. Please refer to the delegation section on the agenda below for registration in-person and electronic participation deadlines. Written comments received will be circulated prior to the meeting and will form part of the public record. The meeting live -stream and archived videos are available at www.kitchener.ca/watchnow. *Accessible formats and communication supports are available upon request. If you require assistance to take part in a city meeting or event, please call 519-741-2345 or TTY 1-866-969-9994.* Chair: Councillor P. Singh Vice -Chair: Councillor D. Chapman Pages 1. Commencement 2. Disclosure of Pecuniary Interest and the General Nature Thereof Members of Council and members of the City's local boards/committees are required to file a written statement when they have a conflict of interest. If a conflict is declared, please visit www. kitchener. ca/conflict to submit your written form. 3. Consent Items The following matters are considered not to require debate and should be approved by one motion in accordance with the recommendation contained in each staff report. A majority vote is required to discuss any report listed as under this section. 3.1 Zoning By-law Amendment Application ZBA23/017/D/CD, Lifting of 4 Holding Provision 95H, 206, 210 Duke Street East and 46, 50 Madison Avenue North, The Knossos Housing Corp. of Waterloo Region, DSD - 2023 -305 3.2 Zoning By-law Amendment Application ZBA22/020/H/TS, Lifting of 15 Holding Provision 15H, 495 Huron Road, Activa Holdings Inc., DSD - 2023 -330 3.3 Zoning By-law Amendment Application ZBA23/020/C/TS, Lifting of 29 Holding Provision 15H, 15 Cedar Street North, Nimbell Holdings Inc., DSD -2023-326 4. Delegations Pursuant to Council's Procedural By-law, delegations are permitted to address the Committee for a maximum of five (5) minutes. All Delegations where possible are encouraged to register prior to the start of the meeting. For Delegates who are attending in-person, registration is permitted up to the start of the meeting. Delegates who are interested in attending virtually must register by 5: 00 p.m. on August 14, 2023, in order to participate electronically. 4.1 None at this time. 5. Public Hearing Matters under the Planning Act (advertised) This is a formal public meeting to consider applications under the Planning Act. If a person or public body does not make oral or written submissions to the City of Kitchener before the proposed applications are considered, the person or public body may not be entitled to appeal the decision to the Ontario Land Tribunal and may not be added as a party to a hearing of an appeal before the Ontario Land Tribunal. 5.1 Zoning By-law Amendment Application 20 m 37 ZBA23/015/Q/ES, 1154 Queen's Boulevard, Sunset Hills Estates Corp., DSD - 2023 -323 (Staff will provide a 5 -minute presentation on this matter.) 6. Discussion Items 6.1 Speed Limit Review - School Zones and 20 m 73 Bingemans Centre Drive, DSD -2023-286 6.2 Downtown Kitchener Draft Vision and 60 m 78 Principles, DSD -2023-315 (Staff will provide a 5 -minute presentation on this matter.) 7. Information Items 7.1 None. Page 2 of 82 8. Adjournment Marilyn Mills Committee Administrator Page 3 of 82 Staff Report r J R Development Services Department www.kitchener.ca REPORT TO: Planning and Strategic Initiatives Committee DATE OF MEETING: August 14, 2023 SUBMITTED BY: Garett Stevenson, Interim Director of Planning, 519-741-2200 ext. 7070 PREPARED BY: Craig Dumart, Senior Planner, 519-741-2200 ext. 7073 WARD(S) INVOLVED: Ward 10 DATE OF REPORT: July 14, 2023 REPORT NO.: DSD -2023-305 SUBJECT: Zoning By-law Amendment Application ZBA23/017/D/CD Lifting of Holding Provision 95H 206, 210 Duke Street East and 46, 50 Madison Avenue North The Knossos Housing Corporation of Waterloo Region RECOMMENDATION: That Zoning By-law Amendment Application ZBA23/017/D/CD for The Knossos Housing Corporation of Waterloo Region for the purpose of removing Holding Provision 95H from the lands specified in the attached Map No.1, in the form shown in the "Proposed By-law" attached to the Report DSD -2023-305 as Appendix `A', be approved. REPORT HIGHLIGHTS: • The purpose of this report is to seek Council's approval of a zoning by-law amendment to remove Holding Provision 95H from 206, 210 Duke Street and 46, 50 AANN.1W7i7_nlaitlCa01ii0 • The applicant has satisfied the conditions outlined within the Holding Provision as confirmed by the Regional Municipality of Waterloo. • There are no financial implications associated with the Zoning By-law Amendment. • Community engagement included notification of the intent to pass a by-law to remove the Holding Provision that was advertised in The Record on July 21, 2023. • This report supports the delivery of core services. BACKGROUND: An application by The Knossos Housing Corporation of Waterloo Region (the property owner) to lift Holding Provision 95H from 206, 210 Duke Street and 46, 50 Madison Avenue North has been made to facilitate the development of the property with an 8 storey multiple dwelling having 100 dwelling units, including 40 affordable housing units. This *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 4 of 82 report seeks Council's approval of zoning by-law amendment to remove the Holding Provision from the property. REPORT: On November 6, 2022, Council approved Zoning By-law Amendment Application ZBA22/018/D/CD to change the zoning of the subject lands at 206, 210 Duke Street and 46, 50 Madison Avenue North in Zoning By-law 85-1 to Residential Seven Zone (R-7) with Special Regulation Provision 755R to further regulate parking, permit an increased floor space ratio, building heights, setbacks and with Holding Provision (95H) to require approval of a noise study by the Region of Waterloo. Conditional Approval of the site plan was granted in March 2023, conditional upon the lifting of Holding Provision 95H. In June of 2023, a Zoning By-law Amendment application was filed requesting to lift the Holding Provision. The City is in receipt of correspondence dated June 30, 2023 (Appendix `C') indicating that the Regional Municipality of Waterloo is satisfied that the applicant has met the requirements of 95H related to a noise study and has no objection to the lifting of the Holding Provision as it applies to the development of an 8 storey multiple dwelling development at 206, 210 Duke Street and 46, 50 Madison Avenue North. Based on the above, Planning staff is of the opinion that the requested zoning by-law amendment to remove Holding Provision 95H is appropriate at this time since the requirements to release the holding provision have been met. Planning Staff recommends removing Holding Provision 95H as shown on Map No. 1 contained within Appendix `A'. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the council / committee meeting. Notice of the intention to pass a By-law to remove the Holding Provision was placed in the Record on July 21, 2023 (Appendix `B'). Under the Planning Act a statutory public meeting is not required for zoning by-law amendments to remove holding provisions and a neighbourhood circulation is not required. PREVIOUS REPORTS/AUTHORITIES: • DSD -2022-448 • Planning Act, 1990 • Zoning By-law 85-1 Page 5 of 82 REVIEWED BY: Malone -Wright, Tina — Interim Manager of Development Review, Planning Division APPROVED BY: Justin Readman, General Manager Development Services ATTACHMENTS: Appendix A — Proposed By-law with Map No. 1 to amend Zoning By-law 85-1 Appendix B — Newspaper Notice Appendix C — Regional Municipality of Waterloo Approval Letter Appendix D — Holding Provision 95H Page 6 of 82 PROPOSED BY — LAW 2023 BY-LAW NUMBER OF THE CORPORATION OF THE CITY OF KITCHENER (Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener — The Knossos Housing Corporation of Waterloo Region — 206-210 Duke Street East and 46-50 Madison Avenue North) WHEREAS it is deemed expedient to amend By-law 85-1 for the lands specified above; NOW THEREFORE the Council of the Corporation of the City of Kitchener enacts as follows: 1. Schedule Number 120 of Appendix "A" to By-law Number 85-1 is hereby amended by changing the zoning applicable to the parcel of land specified and illustrated as Area 1 on Map No. 1, in the City of Kitchener, attached hereto, from Residential Seven Zone (R-7) with Special Regulation Provision 755R and Holding Provision 95H to Residential Seven Zone (R-7) with Special Regulation Provision 755R. 2. Appendix "F" to By-law 85-1 is hereby amended by deleting Section 95H. PASSED at the Council Chambers in the City of Kitchener this day of 2023. Mayor Clerk Page 7 of 82 Page 8 of 82 W- a �Z Of Of LLO r)u�i z Of z z O o w of 1 Z Z O 00 N p N N W O Of o N ui c) �o i:�O O Lu 0LLI W U Ofp LLo . O H O U) O Q m W O Q z O a 2 W a J J J N W ggg Jwp Un Q Z W z W opo Q U N ♦- ♦- ♦- W N Z Z Z Z H Q X p Z W Z z Z 0) O Z W W W W W Z N W Z W 0 Q Q C) 0 oho W 0 Z N 0 p p p Z Z W J X O O p Q N O Z N Q J a U) j O w j O� w O; CO W O Z _ a m a W o U W (� U H Q Q Q N N Q = H (n LL LL (n (n W W 0 Z (Y) Z LU 0 Z�aQ� U U U Y Q z w Q Q Q Q Q LL w W Q LQ W J Ur F J Q Z F- pd' Q- O W i— U (n ~ W Q Z ♦— ♦— ♦— ♦— ♦— O Z N O co Q IL W wZ LLp LL W W W- co ofUJ JUJ p W Zui ZL) Z W 0n ZQ_ U) O 2 Q O UN Wm Qpd2i Z m W W Q =pW N Md2 Z (h � L� (O I QU ♦-ZQ OUW w CC w FJz- �Vdn a s U- Q 1- U U U p p ppp- 2 N 2 N� ���� N U) O Y }' LLI ' Y Ip ' Z W 0 p �w rcr 2 Iv Q Z 2 D z b Z -rii - g0 os �, - - F -- - -� -� Q 'Lr (� o m LO Z LL i� ��.NN 0 S ^' O O co �� M o L) �� M N c l w � ' lO C=) 0 UJ 0 r r G J N N2 N L S co a'b LO 0 w LU CN a U U) w a D LU LU— a� Cl) O Z � LO z 60 (D w W i Q 0 ZO Z O cn LO 1 N � LO LO04 r (n 0 p LU) ■ O 0 L(') n zl Nz 1 LL 06 c W O W az 0z F- cn N0 Y G =Q D 04 v� o O CD 1 U N NOTICE OF PUBLIC MEETING° for removal of a holding provision 206-210 Duke St. Et 46-50 Madison Ave. N. Sri IPA 144, 'Pp€ y*UBJCrAREA Location Map ` KT(, -H- , Community & Infrastructure Services Committee Date: August 14, 2023 Location: Council Chambers, Kitchener City Hall 200 King Street West rirtual Zoom Meeting To view the staff report, agenda, meeting details & start time of this item (to be posted 10 days before meeting), visit kitchener.ca/meetings To learn more about this project, visit: www.kitchener.ca/ Plan ningApplications or contact: Removal of Craig Dumart, Senior Planner Holding Provision 95H craig.dumart@kitchener.ca 519.741.2200 x7073 The City of Kitchenerwill consider an application to amend the Zoning By-lawto lift Holding Provision 95H in Zoning By-law 85-1 affecting the subject lands. The requirements for the removal of 95H have been fulfilled with the approval of a Noise Studyand approval of Record of Site Condition approved bythe Ministry of the Environment, Conservation and Parks and accepted by the Region of Waterloo. Page 10 of 82 Region of Waterloo Garett Stevenson Interim Director of Planning City of Kitchener City Hall, P.O. Box 1118 200 King Street West Kitchener, ON N2G 4G7 Dear Mr. Stevenson: PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES Community Planning 150 Frederick Street 8th Floor Kitchener Ontario N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4466 www.regionofwaterloo.ca File: C14-60/230017 June 30, 2023 Re: Removal of Holding Provision — 95H Re: ZBA Application ZBA23/0017/D/CD The Knossos Housing Corporation of Waterloo Region 206-210 Duke Street and 46-50 Madison Avenue City of Kitchener In accordance with By-law No. 17-035 of the Regional Municipality of Waterloo, please accept the following recommendation regarding the above -noted application on behalf of the Council of the Regional Municipality of Waterloo. In 2022, the applicant submitted an Official Plan Amendment and Zoning by-law amendment application to rezone the entirety of the lands to facilitate the construction of an eight (8) storey residential building with structured parking. The Official Plan Amendment and Zoning By-law Amendment were adopted and Zoning By-law Amendment 2022-140 included a Holding Provision 95H. Holding Provision 95H required the submission of a Traffic and Stationary Noise Study both to the satisfaction of the Regional Municipality of Waterloo. The applicant has submitted a request to lift the holding provision for the site. Holding Provision 95H is as follows: Notwithstanding Section 55 of this By-law, within the lands zoned R-7 and shown as being affected by this Subsection on Schedule 120 of Appendix 'A'.- Document A'. Document Number: 4416172 Page 2 of 3 Page 11 of 82 i) No residential use shall be permitted until such time as a Road Traffic, and Stationary noise Study is submitted and approved to the satisfaction of the Regional Commissioner of Planning, Housing and Community Services, if necessary. This Holding Provision shall not be removed until the City of Kitchener is in receipt of a letter from the Regional Commissioner of Planning, Housing and Community Services advising that such noise study or studies has been approved and an agreement, if necessary, has been entered into with the City and/or Region, as necessary, providing for the implementation of any recommended noise mitigation measures. The Region did not require the Transportation Noise study; therefore, this aspect of the holding provision can be released. The Region received a copy of the stationary noise study entitled "Knossos Housing Complex, Kitchener Ontario, Stationary Noise Study" prepared by RWDI, dated June 5, 2023. The study assessed the impacts of on-site noise sources on off-site and on-site sensitive receptors. On-site noise sources assessed within the study include a chiller, two (2) make-up air units and an emergency generator. On-site receptors: Predicted noise levels at all on-site building facades and the ground floor outdoor living area (daytime period) are below or meeting noise level criteria. Predicted daytime noise levels for the emergency generator testing are below noise level criteria at the north, south and west facades. Predicted noise level for the east facade is 70 dBA whereas the criteria is 55 dBA in NPC -300 (an excess of 15 dBA). Off -Site Receptors: With the exception of the emergency generator testing at receptor (R04), the predicted noise levels at all off-site points of reception (at building facade and outdoor living area/OLA) are below noise level criteria for the NPC -300 Class 1 acoustical area and with the exception of receptor R04, predicted daytime noise levels for the emergency generator testing are below noise level criteria at all off-site points of reception (at building facade and OLA). Predicted noise levels for receptor R04 are 61 dBA at the building facade and 63 dBA at the OLA whereas the criteria is 55 dBA in NPC -300 (an excess of 6 dB and 8 dB respectively). Recommended Noise Mitigation: To attenuate the above -noted excesses due to the emergency generator testing, the Study recommends the following (which are considered feasible): 1) That the generator be tested for a maximum of 30 minutes per hour during the daytime period (0700 to 1900 hours); and, 2) That additional mitigation be installed to reduce sound levels of the generator by a total of 15dB. Mitigation may be in the form of a silencer, or improved enclosure, or a combination of both. Implementation The accepted stationary noise study recommends a number of mitigation measures be implemented to ensure that the NPC -300 Noise Level Objectives are achieved, Page 12 of 82 including a silencer and/or enclosure for the emergency generator. Through the current site plan process and / or other Planning Act application, the City of Kitchener will need to ensure that the recommended mitigation measures are implemented in order for the proposed development to comply with the NPC -300 Noise Level Objectives. Further, the Region recommends that prior to site plan approval the City requests certification from a Professional Engineer qualified in acoustics that the recommended mitigation shown on the site plan reflects the report recommendations. Please be advised that should a draft plan of condominium be proposed in the future, the Region will require as a condition of draft approval, certification from a Professional Engineer qualified in acoustics that confirms that the recommended mitigation measures have been installed and that the NPC -300 Noise Level Objectives are met. Based on the above, the Region has no objection to the removal of Holding Provision 95H. Regional staff acknowledge receipt of the Zoning By-law Amendment fee of $3,000.00 (received June 29, 2023). Should you have any questions, please do not hesitate to contact Melissa Mohr, Senior Planner, at mmohr@regionofwaterloo.ca. Yours truly, Amanda Kutler, MCIP, RPP Manager, Community Planning cc. Craig Dumart, Senior Planner, City of Kitchener Kate Wills, MHBC Planning (Applicant) Page 13 of 82 APPENDIX "F" - HOLDING PROVISIONS FOR SPECIFIC LANDS 95. Notwithstanding Section 55 of this Bylaw, within the lands zoned R-7 and shown as being affected by this Subsection on Schedule Number 120 of Appendix "A": i) No residential use shall be permitted until such time as a Road Traffic, and Stationary Noise Study is submitted and approved to the satisfaction of the Regional Commissioner of Planning, Housing and Community Services, if necessary. This Holding Provision shall not be removed until the City of Kitchener is in receipt of a letter from the Regional Commissioner of Planning, Housing and Community Services advising that such noise study or studies has been approved and an agreement, if necessary, has been entered into with the City and/or Region, as necessary, providing for the implementation of any recommended noise mitigation measures. (By-law 2022-140, S.5) (206-210 Duke Street East and 46-50 Madison Avenue North) City of Kitchener Zoning By-law 85-1 Office Consolidation: December 19, 2022 Page 14 of 82 Staff Report r J R Development Services Department www.kitchener.ca REPORT TO: Planning and Strategic Initiatives Committee DATE OF MEETING: August 14, 2023 SUBMITTED BY: Garett Stevenson, Interim Director of Planning, 519-741-2200 ext. 7070 PREPARED BY: Tim Seyler, Senior Planner, 519-741-2200 ext. 7860 WARD(S) INVOLVED: Ward 5 DATE OF REPORT: July 18, 2023 REPORT NO.: DSD -2023-330 SUBJECT: Zoning By-law Amendment Application ZBA22/020/H/TS Lifting of Holding Provision 15H 495 Huron Road Activa Holdings Inc. RECOMMENDATION: That Zoning By-law Amendment Application ZBA22/020/H/TS for Activa Holdings Inc. for the purpose of removing Holding Provision 15H from the lands specified in the attached Map No.1, in the form shown in the "Proposed By-law" attached to the Report DSD -2023-330 as Appendix 'A', be approved. REPORT HIGHLIGHTS: • The purpose of this report is to seek Council's approval of a zoning by-law amendment to remove Holding Provision 15H from 495 Huron Road. • The applicant has satisfied the conditions outlined within the Holding Provision as confirmed by the Regional Municipality of Waterloo. • There are no financial implications associated with the Zoning By-law amendment. • Community engagement included notification of the intent to pass a by-law to remove the Holding Provision that was advertised in The Record on July 28, 2023. • This report supports the delivery of core services. BACKGROUND: An application by Activa Holdings Inc.(property owner) to lift Holding Provision 15H from 495 Huron Road has been made to facilitate the development of the property with a multiple dwelling development containing 148 residential units. This report seeks Council's approval of zoning by-law amendment to remove the Holding Provision from the property. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 15 of 82 REPORT: In March 2022, a Site Plan Application (SP22/128/H/TS) was submitted for the development of a 148 residential unit multiple dwelling. Conditional Approval of the site plan was granted in March 2023, conditional upon the lifting of Holding Provision 15H, among other conditions. Holding Provision 15H prohibits residential uses until such time as the City is in receipt of a letter from the Region of Waterloo, advising that the Region's requirements have been satisfied with respect to a land use compatibility study and a road traffic noise study. In June of 2022, a Zoning By-law Amendment Application was submitted requesting to lift the Holding Provision. Staff advised that the application should be brough forward after conditional approval was given. In March 2023, site plan conditional approval was granted. The City is in receipt of correspondence dated July 19, 2023 (Appendix `C') indicating that the Regional Municipality of Waterloo is satisfied that the applicant has met the requirements of 15H related to the land use compatibility study and road traffic noise study and has no objection to the lifting of the Holding Provision as it applies to the development of a 148 residential unit multiple dwelling proposed for 495 Huron Road. Based on the above, Planning staff is of the opinion that the requested zoning by-law amendment to remove Holding Provision 15H is appropriate at this time since the requirements to release the holding provision have been met. Planning Staff recommends removing Holding Provision 15H as shown on Map No. 1 contained within Appendix `A'. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the council / committee meeting. Notice of the intention to pass a By-law to remove the Holding Provision was placed in the Record on July 28, 2023 (Appendix `B'). Under the Planning Act a statutory public meeting is not required for zoning by-law amendments to remove holding provisions and a neighbourhood circulation is not required. PREVIOUS REPORTS/AUTHORITIES: Planning Act, 1990 Zoning By-law 2019-051 REVIEWED BY: Malone -Wright, Tina — Interim Manager of Development Review, Planning Division APPROVED BY: Justin Readman, General Manager Development Services Page 16 of 82 ATTACHMENTS: Appendix A — Proposed By-law with Map No. 1 Appendix B — Newspaper Notice Appendix C — Regional Municipality of Waterloc Appendix D — Holding Provision 15H to amend Zoning By-law 2019-051 Clearances Page 17 of 82 above; follows: PROPOSED BY — LAW 2023 BY-LAW NUMBER OF THE CORPORATION OF THE CITY OF KITCHENER (Being a by-law to amend By-law 2019-051, as amended known as the Zoning By-law for the City of Kitchener —Activa Holdings Inc -495 Huron Road) WHEREAS it is deemed expedient to amend By-law 2019-051 for the lands specified NOW THEREFORE the Council of the Corporation of the City of Kitchener enacts as Zoning Grid Schedule Number 152 of Appendix "A" to By-law 2019-051 is hereby amended by changing the zoning applicable to the parcel of land specified and illustrated as Area 1 on Map No. 1, in the City of Kitchener, attached hereto, from Mixed Use Three Zone (MIX -3) with Site Specific Provision (122) and Holding Provision 15H to Mixed Use Three Zone (MIX -3) with Site Specific Provision (122). 2. Section 20 to By-law 2019-051 is hereby amended by deleting (15H). PASSED at the Council Chambers in the City of Kitchener this day of 2023. 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The requirements for the removal of 15H have been fulfilled with the approval of a detailed noise impact assessment for traffic noise, and a land use compatibility study. Page 20 of 82 Region of Waterloo Tim Seyler Planner City of Kitchener City Hall, P.O. Box 1118 200 King Street West Kitchener, ON N2G 4G7 Dear Mr. Seyler: Re: Removal of Holding Provision —15H Activa Holdings 495 Huron Road Citv of Kitchener PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES Community Planning 150 Frederick Street 8th Floor Kitchener Ontario N2G U Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4466 www.regionofwaterloo.ca File: C14-60/ July 19, 2023 In accordance with By-law No. 17-035 of the Regional Municipality of Waterloo, please accept the following recommendation regarding the above -noted application on behalf of the Council of the Regional Municipality of Waterloo. The applicant has submitted a request to lift the holding provision for the site. Holding Provision 15H is as follows: Within the lands zoned MIX -3 and shown as affected by this provision on Zoning Grid Schedule 152 of Appendix A, residential uses, place of worship, day care facility, adult education school, commercial school, post -secondary school, or secondary school shall not be permitted until such time as: a) A Land Use Compatibility Study addressing the compatibility with the lands in the vicinity zoned EMP -4, has been prepared to the satisfaction of the Region, and has been approved by the Region; and, b) A Road Traffic Noise Study has been prepared to the satisfaction of the Region, and has been approved by the Region; and, c) The holding provision affecting these lands has been removed by By-law. Document Number: 4435742 Version: 1 Page 2 of 2 Page 21 of 82 In addressing (a) and (b) above, the applicant submitted a noise study entitled, "Proposed Activa Huron (132 Lands) Development -Huron Road & Strasburg Road Kitchener Ontario -Noise Impact Study, Final Report" (Stantec, June 22, 2022), which assessed both road traffic and stationary noise sources. Regional staff reviewed and accepted this report in a letter dated January 19, 2023 (letter attached for your reference). With respect to land use compatibility, staff notes stationary noise was the only issue to be addressed. The development will require various noise control measures, including design of the building/units with the provision of air conditioning; and noise warning clauses for all residential units proposed in order to achieve the noise level objectives of NPC -300. ImDlementation The accepted study recommends are to be implemented through a registered agreement with the City of Kitchener, to be secured through future Planning Act application(s). Staff understands the applicant has recently submitted a consent application to sever the lands, in which case the agreement can be secured through this process. Based on the above, the Region has no objection to the removal of Holding Provision 15H at this time. Regional staff acknowledge arrangement has been made, acceptable to Regional staff, for the required Zoning By-law Amendment fee of $3,000.00. Should you have any questions, please do not hesitate to contact Shilling Yip, Senior Planner, at syip@regionofwaterloo.ca. Yours truly, Brenna MacKinnon, MCIP, RPP Manager, Development Planning cc. Tim Seyler, City of Kitchener Rachel Wolff, MHBC Planning Page 22 of 82 Region of Waterloo January 19, 2023 Frank Babic P. Eng. C/O Stantec Consulting Limited 400-2100 Derry Road West Mississauga, ON L5N 0133 Dear Engineer: PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, 8th Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca File No.: D22-20/04 URBAN 495 Huron Road Activa Huron B2 Lands Re: Noise Study Acceptance Letter: 495 Huron Road SP 22 128 H TS (Activa Huron B2 Lands), Kitchener, Ontario, Regional staff have reviewed the detailed noise study entitled "Proposed Activa Huron (132 Lands) Development -Huron Road & Strasburg Road Kitchener Ontario -Noise Impact Study FINAL REPORT" dated June 22, 2022, as prepared by Stantec (DOCS ADMIN -#42320323). The current Holding Provision 15H on the subject lands requires a Stationary Noise Study to be completed. This report has been prepared to support the Site Plan application SP 22/128/H/TS for the proposed residential development. This report has assessed the transportation noise from Huron Road and stationary noise from the nearby industrial and commercial land uses. The report concluded that various noise control measures, i.e. provision of air conditioning, installation of central air conditioning, special building components and various noise warning clauses, will be required for the transportation noise from Huron Road. The above noise study has been prepared to assess the noise attenuation measures required to address transportation noise from Huron Road (a municipal street). No other transportation noise (road/railway/air traffic) sources have been identified which would have any impacts on the proposed noise -sensitive development. The Region of Waterloo provided the 2020 Annual Average Daily Traffic (AADT) and a forecasted 2030 AADT count for Huron Road, as used in the report. Transportation Noise: It is determined that the proposed development would require various noise control measures, such as designing the building/units with the provision of air conditioning; and the noise warning clauses for all residential units proposed in the development. Document Number: 4232510 Page 23 of 82 All common amenity areas (OLAs) located west of the proposed building are assessed in the report, and it is concluded that a noise warning clause type A will be required for all the dwelling units as an attenuation measure. The study has recommended that the acoustic assessment should be updated and the STC rating values should be reviewed once the final design and architectural drawings are available. Stationary Noise: Staff has reviewed the stationary noise component of the report. The lands are being developed as a mixed-use site containing a residential component and a commercial component. The study identified a number of off-site stationary noise sources, including rooftop HVAC equipment, rooftop exhaust stacks and fans, noise from truck movements at Weber Supply, and freight & towing trucks from Becker Bros. Towing. The modelled results indicate that predicted noise levels at residential points of reception on the subject property are below the MECP NPC -300 guideline noise level criteria for the daytime, evening and nighttime periods for a Class 2 acoustical environment. The study assumed the daytime results are also representative of the evening hours. The modelled results are shown in Figures 4 and 5 in Appendix A for the daytime and nighttime periods, respectively. The off-site assessment results are acceptable to staff Regarding the impact of on-site stationary noise sources on the residential component of this site, the study anticipates that on-site noise sources will have an insignificant impact on sensitive receptors. It notes if large outdoor mechanical equipment such as rooftop chillers or air makeup units are required, an additional noise assessment will be required. It also notes in Section 7.3 Noise Control Requirements for On-site Stationary Noise Sources (p. 13), that detailed design of the mechanical equipment for the self - storage and Activa design studio has not yet been determined and that any outdoor mechanical equipment such as rooftop chillers or air makeup units to service the commercial buildings be designed to have a noise impact of less that 35 dBA at on-site residential points of reception. City staff should ensure this requirement is addressed at building design. Although the study concludes in Section 8.3 Stationary Noise Impact (p. 14) that no mitigation or warning clauses are required, Region staff recommends the inclusion of a warning clause for the residential component of the development, to advise residents of potential noise concerns due to surrounding commercial uses. Such warning clause to be secured in an agreement with the City of Kitchener (where possible under the Planning Act), and that it be included in all offer to purchase and/or rental agreements. The proposed wording is as follows: 2 Page 24 of 82 "Purchasers/tenants are advised that due to the proximity of the adjacent commercial facilities, noise from these facilities may at times be audible". The City of Kitchener must ensure that the subject development is constructed as per recommendations of the noise study so that no retrofit is required at a later application stage, e.g. Consent / Plan of Condominium stage. The study is acceptable with the below -mentioned conditions to be secured through a registered agreement with the City and be implemented at future Consent and Plan of Condominium application(s), as may be required for the subject development: A) The developer agrees to implement the recommendations of the report "Proposed Activa Huron (132 Lands) Development -Huron Road & Strasburg Road Kitchener Ontario -Noise Impact Study FINAL REPORT" dated June 22, 2022, as prepared by Stantec Consulting Limited further agrees that: Proposed Building (ALL DWELLING UNITS): (1) East and West Facades: I. The dwelling/building will be installed forced air -ducted heating and ventilation system suitable sized and designed for the provision of installation of central air conditioning at the occupant's discretion. II. The following Noise Warning Clauses will be required to be included on all offers of purchase, deeds and rental agreements for the building: NOISE WARNING TYPE C: "This dwelling unit has been designed with the provision for adding central air conditioning at the occupant's discretion. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Region of Waterloo and the Ministry of the Environment, Conservation and Parks." (2) South Facade: The dwelling/building will be installed forced air -ducted heating and ventilation system suitable sized, designed and installed with a central air conditioning system prior to occupancy. 3 Page 25 of 82 II. The building/units will be designed and installed with special building components with a minimum STC Rating of 29. III. The following Noise Warning Clauses will be required to be included on all offers of purchase, deeds and rental agreements for the building: NOISE WARNING TYPE D: "This dwelling unit has been supplied with a central air conditioning system which will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the .sound level limits of the Region of Waterloo and the Ministry of the Environment, Conservation and Parks." (3) North and East Fagade: The following Noise Warning Clauses will be required to be included on all offers of purchase, deeds and rental agreements for the building: Warning: "Purchasers/tenants are advised that due to the proximity of the adjacent industrial and commercial facilities, noise from these facilities may at times be audible". (4) North Fagade: The building/units must be in compliance with Ontario Building Code requirements. (5) Residential Building (ALL DWELLING UNITS): The following Noise Warning Clauses will be required to be included on all offers of purchase, deeds and rental agreements for the building: NOISE WARNING TYPE A: "Purchasers/tenants are advised that sound levels due to increasing road traffic on Huron Road may occasionally interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Region of Waterloo and the Ministry of the Environment, Conservation and Parks." (6) The acoustic assessment will be updated, and the STC Rating values will be reviewed once the final design and the architectural drawings are available. (7) Outdoor mechanical equipment such as rooftop chillers or air makeup units for the proposed commercial buildings, i.e. Commercial Units and Activa Design 4 Page 26 of 82 Studio, will be designed to have a noise impact of less than 35dBA at any residential unit(s) on the proposed residential building. Implementation: That prior to the issuance of any building permits, the City of Kitchener's Building Inspector will certify that the noise attenuation measures are incorporated in the building plans and upon completion of construction, the City of Kitchener's Building Inspector will certify that the dwelling units have been constructed accordingly. Yours Truly, Joginder Bhatia Transportation Planner (226) 753-0368 CC: Shilling Yip, Region of Waterloo Tim Seyler, City of Kitchener 5 Page 27 of 82 SECTION 20 — Holding Provisions (15H) (15H) —Within the lands zoned MIX -3 and shown as affected by this provision on Zoning Grid Schedule 152 of Appendix A, residential uses, place of worship, day care facility, adult education school, commercial school, post -secondary school, or secondary school shall not be permitted until such time as: a) A Land Use Compatibility Study addressing the compatibility with the lands in the vicinity zoned EMP -4, has been prepared to the satisfaction of the Region, and has been approved by the Region; and, b) A Road Traffic Noise Study has been prepared to the satisfaction of the Region, and has been approved by the Region; and, C) The holding provision affecting these lands has been removed by By-law. City of Kitchener Zoning By-law 2019 Page 28 of 82 Staff Report r J R Development Services Department www.kitchener.ca REPORT TO: Planning and Strategic Initiatives Committee DATE OF MEETING: August 14, 2023 SUBMITTED BY: Garett Stevenson, Interim Director of Planning, 519-741-2200 ext. 7070 PREPARED BY: Tim Seyler, Senior Planner, 519-741-2200 ext. 7860 WARD(S) INVOLVED: Ward 10 DATE OF REPORT: July 18, 2023 REPORT NO.: DSD -2023-326 SUBJECT: Zoning By-law Amendment Application ZBA23/020/C/TS Lifting of Holding Provision 15H 15 Cedar Street North Nimbell Holdings Inc. RECOMMENDATION: That Zoning By-law Amendment Application ZBA23/020/C/TS for Nimbell Holdings Inc. for the purpose of removing Holding Provision 15H from the lands specified in the attached Map No.1, in the form shown in the "Proposed By-law" attached to the Report DSD -2023-326 as Appendix `A', be approved. REPORT HIGHLIGHTS: • The purpose of this report is to seek Council's approval of a Zoning By-law Amendment to remove Holding Provision 15H from 15 Cedar Street North. • The applicant has satisfied the conditions outlined within the Holding Provision as confirmed by the City of Kitchener's Director of Planning. • There are no financial implications associated with the Zoning By-law Amendment. • Community engagement included notification of the intent to pass a by-law to remove the Holding Provision that was advertised in The Record on July 21, 2023. • This report supports the delivery of core services. BACKGROUND: An application by Nimbell Holdings Inc. (Property Owner) to lift Holding Provision 15H from 15 Cedar Street North has been made to facilitate the development of the property with a multiple dwelling development containing 10 residential units. This report seeks Council's approval of Zoning By-law amendment to remove the Holding Provision from the property. REPORT: In June 2022, an application was submitted by the property owner to lift Holding Provision 15H. Holding Provision 15H prohibits certain used until such time that the subject lands be *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 29 of 82 consolidated with lands fronting King Street East, and a site plan including appropriate site access and site buffering measures have been approved by the City's Director of Planning. The Director of Planning has given their approval in the provided correspondence dated July 17, 2023 (Appendix `C') indicating that they are satisfied that the Holding Provision could be removed without a consolidation of land, as there has been a significant change in Planning framework in Ontario, since the application of Holding Provision 15H. Furthermore, Bill 23 More Homes Built Faster Act, 2022 made changes to the Planning Act which exempts residential developments with 10 dwelling units or less from site plan approval. The applicant has proposed a 10 unit multiple dwelling and will not be required to obtain Site Plan approval. Based on the above, Planning staff is of the opinion that the requested Zoning By-law amendment to remove Holding Provision 15H is appropriate at this time since the requirements to release the holding provision are no longer applicable. Planning Staff recommends removing Holding Provision 15H as shown on Map No. 1 contained within Appendix `A'. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the council / committee meeting. Notice of the intention to pass a By-law to remove the Holding Provision was placed in the Record on July 21, 2023 (Appendix `B'.). Under the Planning Act a statutory public meeting is not required for zoning by-law amendments to remove holding provisions and a neighbourhood circulation is not required. PREVIOUS REPORTS/AUTHORITIES: Planning Act, 1990 Zoning By-law 2019-051 REVIEWED BY: Tina Malone -Wright, — Interim Manager of Development Review, Planning Division APPROVED BY: Justin Readman, General Manager Development Services ATTACHMENTS: Appendix A — Proposed By-law with Map No. 1 to amend Zoning By-law 85-1 Appendix B — Newspaper Notice Page 30 of 82 Appendix C — Director of Planning Approval Letter Appendix D — Holding Provision 15H Page 31 of 82 PROPOSED BY — LAW 2023 BY-LAW NUMBER OF THE CORPORATION OF THE CITY OF KITCHENER (Being a by-law to amend By-law 85-1, as amended known as the Zoning By-law for the City of Kitchener — Nimbell Holdings Inc — 15 Cedar Street North) WHEREAS it is deemed expedient to amend By-law 85-1 for the lands specified above; NOW THEREFORE the Council of the Corporation of the City of Kitchener enacts as follows: Schedule Number 120 of Appendix "A" to By-law 85-1 is hereby amended by changing the zoning applicable to the parcel of land specified and illustrated as Area 1 on Map No. 1, in the City of Kitchener, attached hereto, from Medium Intensity Mixed Use Corridor Zone (MU -2) with Holding Provision 15H to Medium Intensity Mixed Use Corridor Zone (MU -2). PASSED at the Council Chambers in the City of Kitchener this day of 2023. Mayor Clerk Page 32 of 82 -�lZ Of p Of U O Z W0 pW = p X p W co Z X_ Of W O Z p Of W W W O O Z Zp O N a 0 O N N W 0 a N W U Of LLI a Z O 2 � 0 O OJ J J N = W W Q Q Q J W 0 (n J W p F F F Q Z Q Z Z Z 0 X p W W W W W Z N W W W Z W Z W0 Z N O p N z Q 00 > Q Cn U a a :5af ujF o J o E LL N o m N W .-, 0 Q W - - -z coo W O O 0 a O O Z O W w a c� N (n J Z>> 0 W W W W Z N N Z (n a a a Z O W H w 0 U) W N W W Z; X> Z U } (n Z CO CV 0 A (� Z U CO (n J J J O N U a W LLI O LL U U Z LLI a O Z- � Z ' Z W a w 0LU Z0� W --- W w Q a J P Z cU 000Of y �-F W Y J J J J OfQQQQ W _ J LL QzW CV Q Z LQ m H jNZZ.-. ma' -W W W oQ>pafZ2 Z dZZZZ afz x N o m A+d Y=/ 2 pW p �> > N 0 � Q Y U_ 2� p J 0 0 0 0 Z N �? Z UJ N Z W a�L20 � WW �J�000 U)afE2O Q�Q000 W QQLLOQ2W =W m(n000 D W W W W w�a= ~ Z ai Zags WWOa��Z JUJ�NchaW�OU�NZchZaaaaa Z2QU� w Z ^ is �waf0-00 QQLLUHN �w}����Nchvu��j0 �� mam00000000-2N 2Naafafaa �0(01-rn DUaH NUOY Q w Va C }'Q W Z � fi• r LO Q W > 0 w 3:Q U) J Z Q J ~ W • /tp �o���b� S��b� a (01�LLI Q rn _ co n�� �/�� Z (j > o U cy LO Z LL LL ' A ' r fi• r . NOTICE OF PUBLIC MEETING for removal of a holding provision 15 Cedar Street North 'ett SUBJECT T& N. 'r' } Location Map Removal of Holding Provision 15H ` KT(, -H- , Community & Infrastructure Services Committee Date: August 14, 2023 Location: Council Chambers, Kitchener City Hall 200 King Street west rVirtual Zoom Meeting To view the staff report, agenda, meeting details & start time of this item (to be posted 10 days before meeting), visit kitchener.ca/meetings To learn more about this project, visit: www.kitchenecca/ Plan ningApplications or contact: Tim Seyler, Senior Planner ti m.seyler@ kitchener.ca 519.741.2200 x7860 The City of Kitchener will consider an application for a Zoning By-law Amendment to lift Holding Provision 15H in Zoning By-law 85-1 affecting the subject lands. The requirements for the removal of 15H have been fulfilled with the approval by the City's Director of Planning. Page 34 of 82 From: Garett Stevenson <Garett.Stevenson@kitchener.ca> Sent: Monday, July 17, 2023 4:05 PM To: Tim Seyler <Tim.Seyler@kitchener.ca> Subject: Holding Provision 15H - 15 Cedar Street North Hi Tim, Holding Provision 15H states that certain uses shall not be permitted until such time as the holding symbol is removed by by-law. Holding Provision 15H requires that the subject lands be consolidated with lands fronting King Street East and a site plan including appropriate site access and site buffering measures has been approved by the City's Director of Planning. Since the application of Holding Provision 15H to these lands, there have been substantial changes to the land use planning framework in Ontario, and changes have been proposed for this property. Starting with the Neighborhood Planning Reviews project, which included a Statutory Public meeting in December 2009, followed by the current Growing Together work program, Planning staff have been reviewing existing land use designations and zoning regulations for all lands within Major Transit Station Areas (MTSAs). In part to respond to legislative changes and the approval of the MTSA boundaries in the Regional Official Plan this year, Holding Provision 15H will not be carried forward as part of the Growing Together recommendations, and new land use designations and zoning regulations within MTSAs will permit a lot of this size being developed without consolidation. Additionally, Bill 23 More Homes Built Faster Act, 2022, made changes to the Planning Act which exempts residential developments with 10 dwelling units or less from site plan approval. In April 2023, Planning staff presented a Missing Middle and Affordable Housing study to Council. The key findings of the report were that Kitchener is grappling with the challenges and opportunities associated with the delivery of missing middle and affordable housing. To further support this type of growth based on current demographic conditions, land availability, development feasibility conditions and a common desire to make it happen among both the public and private sector, four key recommendations were proposed to advance those objectives, including; reduce parking requirements; increase density allowances; provide financial supports; and continue process improvements. The removal of the holding provision and consideration of a parking reduction for this property through a minor variance application should be considered for the development of the subject lands, without the requirement to consolidate lands with frontage on King Street. I have no objection to removing the holding provision at this time. Thanks, Garett Garett Stevenson, BES, RPP, MCIP Interim Director I Planning Division I City of Kitchener 519-741-2200 x 7070 1 TTY 1-866-969-9994 1 garett.stevenson(a)-kitchener.ca Is Page 35 of 82 APPENDIX "F" - HOLDING PROVISIONS FOR SPECIFIC LANDS 15. Notwithstanding Sections 54.1 and 54.2 of this By-law, within the lands zoned MU -2 on Schedules 120, 142, 143 and 271 of Appendix "A", only a single detached dwelling, duplex, multiple dwelling, lodging house having less than 9 residents, residential care facility having less than 9 residents, home business and private home daycare, and only within the buildings existing on January 24, 1994 and uses accessory thereto, shall be permitted until such time as the holding symbol affecting the lands has been removed by by-law. The holding symbol shall not be removed until such time as the lands have been consolidated with lands fronting King Street East and a site plan including appropriate site access and site buffering measures has been approved by the City's Director of Planning. (By-law 94-1, S.14) (Amended: By-law 2010-156, S. 55) City of Kitchener Zoning By-law 85-1 Office Consolidation: September 7, 2010 Page 36 of 82 Staff Report r JR Development Services Department www.kitchener.ca REPORT TO: Planning and Strategic Initiatives Committee DATE OF MEETING: August 14, 2023 SUBMITTED BY: Garett Stevenson, Interim Director of Planning, 519-741-2200 ext. 7070 PREPARED BY: Eric Schneider, Senior Planner, 519-741-2200 ext. 7843 WARD(S) INVOLVED: Ward 8 DATE OF REPORT: July 17, 2023 REPORT NO.: DSD -2023-323 SUBJECT: 1154 Queens Boulevard Zoning By-law Amendment Application ZBA23/015/Q/ES Sunset Hills Estates Corp. RECOMMENDATION: That Zoning By-law Amendment Application ZBA23/015/Q/ES requesting to amend Zoning By-law 2019-051, for Sunset Hills Estates Corp. be approved in the form shown in the Proposed `Proposed By-law', and `Map No. 1' attached to Report DSD -2023-323 as Attachments 'Al' and `A2'; and, That in accordance with Planning Act Section 45 (1.3 and 1.4), applications for Minor Variances shall be permitted for lands subject to Zoning By-law Amendment Application ZBA23/015/Q/ES. REPORT HIGHLIGHTS: • The purpose of this report is to evaluate and provide a planning recommendation regarding a Zoning By-law Amendment application for the property located at 1154 Queens Blvd • It is Planning staff's recommendation that the Zoning By-law Amendment application be approved. The proposed application represents an opportunity to provide 'missing middle' housing that addresses a need in our community. • Community engagement included: o circulation of a preliminary notice to property owners within 240 metres of the subject site; o installation of a large billboard notice sign on the property; o follow up one-on-one correspondence with members of the public who responded to the circulation or saw the billboard sign; o Neighbourhood Meeting held on July 13, 2023. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 37 of 82 o notice advising of the statutory public meeting was circulated to all property owners within 240 metres of the subject site, and those who responded to the preliminary circulation, and o notice of the public meeting was published in The Record on July 21, 2023. This report supports the delivery of core services. EXECUTIVE SUMMARY: The owner of the subject lands addressed as 1154 Queens Boulevard is proposing to change the zoning from `RES -4' in Zoning By-law 2019-051 to `RES -5' with Site Specific Provision 371 to further regulate yard setbacks and prohibit geothermal wells. Staff are recommending that the application be approved. BACKGROUND: The City of Kitchener has received an application for a Zoning By-law Amendment from Sunset Hills Estates Corp. for a development concept that proposes a three-storey multiple dwelling building with ten (10) residential units. The subject property is identified as `Community Areas' on the City's Urban Structure (Map 2 - City of Kitchener Official Plan) and designated as `Low Rise Residential' (Map 3 - City of Kitchener Official Plan). Site Context The subject lands are municipally addressed as 1154 Queens Boulevard. The subject lands are on the north side of Queens Boulevard between Hahn Place and Belmont Avenue. The lot area of the subject site is approximately 0.17 hectares and the lot frontage is 19.8 metres. The lot currently contains a single detached dwelling, which is currently vacant. The surrounding neighbourhood contains a mix of low to high-rise residential, and institutional uses. Figure 1 - Location Map: 1154 Queens Boulevard Page 38 of 82 9yc 2�, .Aea ��D O pFbJG�'(���G 9G 0a QQ b �P41 [y N OGS C,qN 6p F 7/,✓�} �P��P(4 <Ra o FARTyoRFs ergo � F 2�. mot DR o FSrMoLy�SUBJECT AREA os C14 m G��ioG�, YST� CRFs �S',��s0 m ALF F011 0 �gTFoOD G��6 F RD � ogFS��CC Se��N��PN�o��N D R g�oP�L�P: Figure 1 - Location Map: 1154 Queens Boulevard Page 38 of 82 Figure 2 — Existing Single Detached Dwelling at 1154 Queens Boulevard REPORT: The applicant is proposing to demolish the existing building on site and develop the subject property with a 3 -storey, 10 -unit multiple dwelling building. Seventeen (17) surface parking spaces, including two (2) visitor parking spaces and one (1) barrier free parking space are proposed. Through the review and evaluation of this application, the development concept was slightly revised from its initial submission. The original concept proposed 20 parking spaces, which resulted in a smaller rear landscaped space. This amount exceeds the maximum of 17 spaces required in the Zoning By-law and therefore 3 spaces were removed. The revised concept removes parking spaces from the rear of the site in order to allow for greater area for landscaped space. Page 39 of 82 G BEEN 3PACE6 CHARGING STATONS 6ARR. ER -FREE sNOWSTORAGE 7=7 mei _ 1 Tt6NpE Z- 3 5 - B - Sr bnna�e.Pwen nw a.Pwen -. C 10 -UNIT ''• $ `�' MULTIPLE DWELLING HAMAHi- p7 "r`rc izm aoowx # vii I I I I I I I I I * !I * N41's" T SNOW STO PAGE _ AREA TRf1CK GARNINGARdttIVEA TTURNING AR ETE I E ETCREY x l -- a �it62 Fiqure 3- Oriqinal Development Concept r--��m- RESIbE- I I �1H H�MER- 1 Af✓FAA 1 RESPDENTPAL IcIf1M�GCINGSTA H�C4E-TYPE'A SPALE RSR££ _.56n I I I I I I I I I I w�ce I I I I I I II L� I�I I I I ISI I,I -aI 151 TJRNING ARE4 11P TAtfCK Figure 4- Revised Development Concept 'Yi Y 9uIlP•Ih GV naTMEnT 12 7 STOREY 10 -UNIT MULTIPLE DWELLING C Q Planning Act, R.S.O. 1990, c. P.13 25. Section 2 of the Planning Act establishes matters of provincial interest and states that the Minister, the council of a municipality, a local board, a planning board and the Tribunal, in carrying out their responsibilities under this Act, shall have regard to, among other matters, matters of provincial interest such as, f) The adequate provision and efficient use of communication, transportation, sewage and water services and waste management systems; g) The minimization of waste; h) The orderly development of safe and healthy communities; j) The adequate provision of a full range of housing, including affordable housing; k) The adequate provision of employment opportunities; p) The appropriate location of growth and development; q) The promotion of development that is designed to be sustainable, to support public transit and to be oriented to pedestrians; r) The promotion of built form that, (i) Is well-designed, (ii) Encourages a sense of place, and (iii) Provides for public spaces that are of high quality, safe, accessible, attractive and vibrant; s) The mitigation of greenhouse gas emissions and adaptation to a changing climate. Page 40 of 82 These matters of provincial interest are addressed and are implemented through the Provincial Policy Statement, 2020, as it directs how and where development is to occur. The City's Official Plan is the most important vehicle for the implementation of the Provincial Policy Statement, 2020 and to ensure Provincial policy is adhered to. Provincial Policy Statement, 2020: The Provincial Policy Statement (PPS) provides policy direction on matters of provincial interest related to land use planning and development. Section 1.4.3(b) of the PPS promotes all types of residential intensification, and sets out a policy framework for sustainable, healthy, liveable and safe communities. The PPS promotes efficient development and land use patterns, as well as accommodating an appropriate mix of affordable and market-based residential dwelling types with other land uses, while supporting the environment, public health and safety. Provincial policies promote the integration of land use planning, growth management, transit -supportive development, intensification, and infrastructure planning to achieve cost-effective development patterns, optimization of transit investments, and standards to minimize land consumption and servicing costs. To support provincial policies relating to the optimization of infrastructure, transit and active transportation, the proposed zoning facilitates a compact form of development which efficiently uses the lands, is in close proximity to transit options, and makes efficient use of both existing roads and active transportation networks. The lands are serviced and are in proximity to parks, trails and other community uses. Provincial policies are in support of providing a broad range of housing. Planning staff is of the opinion that the proposed application will facilitate the intensification of the subject property with a low-rise development that is compatible with the surrounding community, helps manage growth, is transit -supportive and will make use of the existing infrastructure. No new public roads would be required for the proposed development and Engineering staff have confirmed there is capacity in the sanitary sewer to permit intensification on the subject lands. Based on the foregoing, staff is of the opinion that this proposal is in conformity with the PPS. A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 (Growth Plan): The Growth Plan supports the development of complete and compact communities that are designed to support healthy and active living, make efficient use of land and infrastructure, provide for a range, and mix of housing types, jobs, and services, at densities and in locations which support transit viability and active transportation. Policies of the Growth Plan promote growth within strategic growth areas including major transit station areas, in order to provide a focus for investments in transit and other types of infrastructure. Policy 2.2.6.1(a) states that municipalities will support housing choice through the achievement of the minimum intensification and density targets in this plan by identifying a diverse range and mix of housing options and densities, including additional residential units and affordable housing to meet projected needs of current and future residents. Page 41 of 82 Policies 2.2.1.4 states that complete communities will: a) feature a diverse mix of land uses, including residential and employment uses, and convenient access to local stores, services, and public service facilities; b) improve social equity and overall quality of life, including human health, for people of all ages, abilities, and incomes; c) provide a diverse range and mix of housing options, including additional residential units and affordable housing, to accommodate people at all stages of life, and to accommodate the needs of all household sizes and incomes; d) expand convenient access to: i. a range of transportation options, including options for the safe, comfortable and convenient use of active transportation; ii. public service facilities, co -located and integrated in community hubs; iii. an appropriate supply of safe, publicly -accessible open spaces, parks, trails, and other recreational facilities; and iv. healthy, local, and affordable food options, including through urban agriculture; e) provide for a more compact built form and a vibrant public realm, including public open spaces; f) mitigate and adapt to the impacts of a changing climate, improve resilience and reduce greenhouse gas emissions, and contribute to environmental sustainability; and g) integrate green infrastructure and appropriate low impact development. The Growth Plan supports planning for a range and mix of housing options and, in particular, higher density housing options that can accommodate a range of household sizes in locations that can provide access to transit and other amenities. Planning staff is of the opinion that the applications conform to the Growth Plan. Regional Official Plan (ROP): The subject lands are designated "Urban Area" and "Built -Up Area" on Schedule 3a of the 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 and the proposed development conforms to Policy 2.F of the ROP as the proposed development will support the achievement of the minimum intensification targets within the delineated Built -Up Area. Growth is directed to the Built Up Area of the Region to make better use of infrastructure that can assist in transitioning the Region into an energy efficient, low carbon community. Furthermore, intensification within the Built -Up Area assists the gradual transition of existing neighbourhoods within the Region into 15 -minute neighbourhoods that are compact, well connected places that allow all people of all ages and abilities to access the needs for daily living within 15 minutes by walking, cycling or rolling. The Region of Waterloo have indicated they have no objections to the proposed application. (Attachment `C'). Planning staff are of the opinion that the applications conform to the Regional Official Plan. City of Kitchener Official Plan (OP) Urban Structure The subject lands are identified as a `Community Areas' in the City's Urban Structure (Map 2). The planned function of Community Areas is to provide residential uses as well as non - Page 42 of 82 residential supporting uses intended to serve the immediate residential areas. Community Areas may have limited intensification with development being sensitive and compatible with the character, form, and planned function of the surrounding context. Land Use Designation The subject lands are designated `Low Rise Residential' in the City's Official Plan (Map 3). Low Rise Residential areas are intended to accommodate a full range of low density housing types including single detached, semi-detached, townhouse, and low-rise multiple dwellings. The Low Rise Residential designation states that the City will encourage and support the mixing and integrating of innovative and different forms of housing to achieve and maintain a low-rise built form. No buildings shall exceed 3 storeys or 11 metres in height. No Official Plan amendment is required to implement the Zoning By-law Amendment application. Planning staff is of the opinion that the requested Zoning By-law Amendment will facilitate a housing form that conforms with the Low Rise Residential land use designation in the City's Official Plan. Transportation The City's Official Plan contains policies to develop, support, and maintain a complete, convenient, accessible and integrated transportation system that incorporates active transportation, public transit, and accommodates vehicular traffic. In regard to alternate modes of transportation, objectives of the Official Plan include promoting land use planning and development that is integrated and conducive to the efficient and effective operation of public transit and encourages increased ridership of the public transit system. The City shall promote and encourage walking and cycling as safe and convenient modes of transportation. The proposed development aims to increase density on an existing site that is served well by public transit, with access to Grand River Transit Routes 1, 2, 12, and iXpress Routes 201 and 204. The proposed development is required to provide safe, secure indoor bicycle storage to encourage active transportation. Staff is of the opinion that the requested Zoning By-law Amendment conforms with the transportation policies of the City's Official Plan. Urban Design The City is committed to achieving a high standard of urban design, architecture and place -making to positively contribute to quality of life, environmental viability and economic vitality. Urban design is a vital component of city planning and goes beyond the visual and aesthetic character of individual buildings and also considers the functionality and compatibility of development as a means of strengthening complete communities. Urban Design policies in the 2014 Official Plan support creating visually distinctive and identifiable places, structures and spaces that contribute to a strong sense of place and community pride, a distinct character and community focal points that promote and recognize excellence and innovation in architecture, urban design, sustainable building design and landscape design. The City will require high quality urban design in the review Page 43 of 82 of all development applications through the implementation of the policies of the Official Plan and the City's Urban Design Manual. The proposed development concept includes a 3 storey building that orients massing and unit entrances towards the street line along Queens Boulevard. Street fronting articulation includes at -grade patios as well as second and third floor balconies. Pedestrian connectivity throughout the site is provided through pedestrian walkways from the rear unit entrances alongside the building leading to the sidewalk on Queens Boulevard. On-site amenity area is achieved through at grade passive amenity space at the rear of the building, as well as private unit balconies and at -grade patios. Housing The City's primary objective with respect to housing in the Official Plan is to provide for an appropriate range, variety and mix of housing types and styles, densities, tenure and affordability to satisfy the varying housing needs of our community through all stages of life. This low rise multiple dwelling proposal is a "missing middle" housing type and provides an option that bridges the gap between high density residential towers and single detached dwellings. The proposed housing type is an important segment in Kitchener's housing continuum. Policy 4.C.1.9. Residential intensification and/or redevelopment within existing neighbourhoods will be designed to respect existing character. A high degree of sensitivity to surrounding context is important in considering compatibility. Policy 4.C.1.12. The City favours a land use pattern which mixes and disperses a full range of housing types and styles both across the city as a whole and within neighbourhoods. Policy 4.C.1.22: The City will encourage the provision of a range of innovative housing types and tenures such as rental housing, freehold ownership and condominium ownership including common element condominium, phased condominium and vacant land condominium, as a means of increasing housing choice and diversity. Based on the above housing policies, staff is of the opinion that the application conforms to the Official Plan. Policy Conclusion Planning staff are of the opinion that the proposed Zoning By-law amendment is consistent with policies of the Provincial Policy Statement, conforms to the Growth Plan for the Greater Golden Horseshoe, the Regional Official Plan and the City of Kitchener Official Plan, and represents good planning. Proposed Zoning By-law Amendment: The subject lands are zoned `Low Rise Residential Four Zone (RES -4)' in Zoning By-law 2019-051. The applicant has requested to change the zoning to `Low Rise Residential Five Zone (RES -5)' and add a Site Specific Provision (371) in Zoning By-law 2019-051. The Page 44 of 82 requested change in zoning category is to permit the proposed use of a "Multiple Dwelling" (greater than 4 units). Site -Specific Provision (371) a. Permit a minimum front yard setback of 4.9 metres b. Permit a minimum interior side yard setback of 2.5 metres c. Permit a parking lot setback of 0.7 metres to the side and rear lot line d. Prohibit Geothermal energy systems. Yard Setbacks: The minimum front yard setback requirement is based on the City's Residential Intensification within Established Neighbourhoods (RIENs) policies. The RIENS policies intend to maintain consistent front yard setback building lines within established neighbourhoods. On the North side of Queens Boulevard between Hahn Place and Hearth Green, the existing homes contain a wide variety of building types and placement, resulting in front yard building setbacks ranging from 6 metres to 18 metres. This indicates that the area surrounding the subject lands does not have a consistent building line. Further, urban design policies in the City's Official Plan encourage multiple dwelling buildings to be located close to the street, to animate and address the streetscape with articulation and activity. Planning Staff is supportive of the proposed minimum front yard setback of 4.9 metres. The interior side yard requirement is intended to provide site functionality and adequate building separation. The proposal for a 2.5 metre setback rather than the required 3 metres is to provide a drive aisle with adequate width for vehicle movements, and a walkway with adequate width for pedestrian movements. The slight reduction in side yard setback maintains an adequate building separation for the building type and maintains access on both sides of the building on site. Parking Lot Setback This application was deemed complete on June 8t", 2023. On June 26t", Council approved report #DSD -2023-239 titled "Implementation of Bill 13, Bill 109, and Bill 23". This created a new regulation for parking lot setback (1.5M) that is now in effect under dual -testing. The plan submitted shows setbacks of 0.7M in order to meet the 7.3M double loaded drive aisle, and 5.5M parking space lengths for the parking configuration. Planning Staff do not have concerns with the proposed layout and parking setback shown on the concept plan. Geothermal Energy Systems Prohibited The Region of Waterloo has indicated that the site is within a Wellhead Protections Sensitive Area (WPSA 7) and that Geothermal Energy Systems shall be prohibited in accordance with the Regional Council endorsed position on geothermal energy. Planning staff have no concerns with the prohibition and the applicant is not intending to use a geothermal energy system. Proposed Zoning By-law Amendment Conclusions Staff is of the opinion that the proposed Zoning By-law Amendment to change the zoning of the subject lands to `RES -5' with Site Specific Provision 371 represents good planning as it will facilitate the redevelopment of the lands with a 10 -unit multiple dwelling that is Page 45 of 82 compatible with the existing neighbourhood, which will add visual interest at the street level, and which will appropriately accommodate on-site parking needs. Staff are supportive of the proposed development and recommend that the proposed Zoning By-law amendment be approved as shown in Attachments 'Al' and `A2'. Department and Agency Comments: Circulation of the Zoning By-law Amendment was undertaken in June to all applicable City departments and other review authorities. No major concerns were identified by any commenting City department or agency and any necessary revisions and updates were made. Copies of the comments are found in Attachment "C" of this report. The following Reports and Studies were considered as part of this proposed Official Plan Amendment and Zoning By-law Amendment: Planning Justification Report Prepared by: Dryden, Smith and Head Planning Consultants Ltd., May 2023 Urban Design Scorecard Prepared by: Dryden, Smith and Head Planning Consultants Ltd., May 2023 Elevations, Massing Model Prepared by: Masri O Architects, March 9, 2023 Tree Management Plan Prepared by: Hill Design Studio, May 5, 2023 Truck Movement Plan Prepared by: Dryden, Smith and Head Planning Consultants Ltd., May 2023 Site Servicing Report Prepared by: Meritech Engineering, April 27, 2023 Geotechnical Report: Prepared by: Chung & Vander Doelen, July 28, 2022 Sustainability Statement Prepared by: Dryden, Smith and Head Planning Consultants Ltd., May 2023 Existing Conditions Plan Prepared by: J.D Barnes Limited., October 11, 2022 Environmental Noise Impact Study Prepared by: Aerocoustics Engineering Ltd., June 27 2022 WHAT WE HEARD Three (3) people provided comments Page 46 of 82 A City -led Neighbourhood Meetings held on July 13, 2023 and approximately three (3) different users logged on 448 households (occupants and property owners) were circulated 0 and notified Staff received written responses from 3 residents with respect to the proposed development. These are included in Attachment `D'. A Neighbourhood Meeting was held on July 13, 2023. In addition, staff had follow-up one-on-one correspondence with members of the public. A summary of what we heard, and staff responses are noted below. What We Heard Staff Comment There are too many parking Staff concur. Staff have advised the applicant to spaces reduce the number of spaces to meet the City's maximum parking regulation. The plan has been revised. Property maintenance should be Staff advised the owner. The lawn maintenance kept up while the site waits for situation has been rectified. redevelopment Question as to whether the site Applicant has advised that the units are intended to was affordable, or rent -geared- be condominiums for market value. to -income Planning Conclusions: In considering the foregoing, staff are supportive of the Zoning By-law amendment. Staff is of the opinion that the subject applications are consistent with policies of the Provincial Policy Statement, conform to Growth Plan for the Greater Golden Horseshoe, the Regional Official Plan, and the City of Kitchener Official Plan and represent good planning. Staff recommends that the application be approved. The proposed application represents an opportunity to provide `missing middle' housing that addresses a need in our community. STRATEGIC PLAN ALIGNMENT: The recommendation of this report supports the achievement of the City's strategic vision through the delivery of core service. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: Page 47 of 82 INFORM — This report has been posted to the City's website with the agenda in advance of the Council / Committee meeting. A large notice sign was posted on the property and information regarding the application was posted to the City's website in early June. Following the initial circulation referenced below, an additional postcard advising of the statutory public meeting was circulated to all residents and property owners within 240 metres of the subject lands, those responding to the preliminary circulation and who attended the Neighbourhood Meetings. Notice of the Statutory Public Meeting was also posted in The Record on July 21, 2023 (a copy of the Notice may be found in Appendix C). CONSULT — The proposed Zoning By-law Amendment was circulated to residents and property owners within 240 metres of the subject lands on June 10, 2023. In response to this circulation, staff received written responses from 3 members of the public, which were summarized as part of this staff report. Planning staff also had one-on-one conversations with residents on the telephone and responded to emails. PREVIOUS REPORTS/AUTHORITIES: • Planning Act, R.S.O. 1990, c. P.13 • Growth Plan, 2020 • Provincial Policy Statement, 2020 • Region of Waterloo Official Plan • City of Kitchener Official Plan, 2014 • City of Kitchener Zoning By-law 2019-051 REVIEWED BY: Malone -Wright, Tina — Interim Manager of Development Review, Planning Division APPROVED BY: Readman, Justin - General Manager, Development Services ATTACHMENTS: Attachment Al — Proposed By-law Attachment A2 — Map No. 1 Attachment B — Newspaper Notice Attachment C — Department and Agency Comments Attachment D — Neighbourhood Comments Attachment E — Concept Plan Page 48 of 82 DSD -2023-323 Attachment "A1" PROPOSED BY — LAW ,2023 BY-LAW NUMBER OF THE CORPORATION OF THE CITY OF KITCHENER (Being a by-law to amend By-law 2019-051, as amended, known as the Zoning By-law for the City of Kitchener — Sunset Hills Estates Corp. — 1154 Queens Boulevard) WHEREAS it is deemed expedient to amend By-law 2019-051 for the lands specified above; NOW THEREFORE the Council of the Corporation of the City of Kitchener enacts as follows: 1. Zoning Grid Schedule Number 71 of Appendix "A" to By-law Number 2019-051 is hereby amended by changing the zoning applicable to the parcel of land specified and illustrated as Area 1 on Map No. 1, in the City of Kitchener, attached hereto, from Low Rise Residential Four Zone (RES -4) to Low Rise Residential Five Zone (RES -5) with Site Specific Provision (371). 2. Section 19 of By-law 2019-051 is hereby amended by adding Section 19 (371) thereto as follows: "371. Notwithstanding Section 5.3 and Table 7-6 of this By-law within the lands zoned RES - 5 and shown as affected by this subsection on Zoning Grid Schedule Number 68 of Appendix `A', the following special regulations shall apply: a) The minimum front yard setback shall be 4.9 metres. b) The minimum interior side yard setback shall be 2.5 metres. C) The parking lot shall be setback a minimum of 0.7 metres from the side lot line and rear lot line. d) Geothermal energy systems shall be prohibited." PASSED at the Council Chambers in the City of Kitchener this day of 2023. Mayor Clerk Page 49 of 82 Z w ZO i Z a O WZ W w �rj)i WWW J Z U Z N NN � G x Z W N O X Z Z O Q LL o W OI� W 0 Z O_ N W� LLIU W Z Q J N O ♦- U 2 o> J W m Q1 F > O J ♦- Q J J J J J Q / Q Q Q Q Z Q ON0 W C Z N Q LL � Q i 0 U)W OfZ O W Z Z Z Z p Z Q �v\y \ U Q ♦- U wLLJ W p N Z w W W W W 0 w O w Q p p p p W LO r W } Z U 2 W W U w (D (n O C7 fn a m W 00 U L� Z W W W W W U a. O U d' d' d' d' (n d' d' Z J � Z Z � W- �w J Q W Q W W W W w c a< 0 0 0 IL 0 U U 0 W Z wbQO Z N Q LQ H W d 2 m W m W p af afZXN O m A+d Y=/ LU O d' H N W X w a 0 0 0 0� (� d J Q W N N Z Z Z W 0 C� W O J J J J 2 Z Q W Z W m ZQ��OU W LU Ch J= Q N N N N m V 0 (0 I- J g af W- 0 U 0 U U U W UJ 0- Z 2 Q U Z W r Z� W� of U) �w d'WO~ Q Q W H } O (n X U U W W W W W W m U z 0 0 af af af af af af OUw� N (n O Y Va IL Q G_/� p LO Z W Z i W � 'L w W � > LLI w � ' �� a IL O cn O C� m v > 1 (� Q cit Z U o Z IL NN O y LA? 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Planning & Strategic Initiatives Committee Date: August 14, 2023 Location: Council Chambers, Kitchener City Hall 201 King Street West orVirtual Zoom Meeting Go to kitchener.ca/meetings and select: • Current agendas and reports (posted 10 days before meeting) • Appear as a delegation • Watch a meeting To learn more about this project, including information on your appeal rights, visit: www.kitchenenca/ PlanningApplications or contact: Eric Schneider, Senior Planner eric.schneider@ kitchener.ca 519.741.2200 x7843 The City of Kitchener will consider an application for Zoning By-law Amendment to facilitate the redevelopment of the site with the removal of the existing single detached dwelling and replacing it with a 3 storey multiple dwelling building containing 10 dwelling units. Page 51 of 82 Region of Waterloo Eric Schneider, MCIP, RPP Senior Planner City of Kitchener 200 King Street West, 6th Floor P.O. Box 1118, Kitchener, ON N2G 4G7 Dear Mr. Schneider, PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES Community Planning 150 Frederick Street 8th Floor Kitchener Ontario N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4466 www.regionofwaterloo.ca Melissa Mohr 1-226-752-8622 File: C14/2/23015 July 17, 2023 Re: Proposed Zoning By-law Amendment ZBA 23/15 1154 Queens Boulevard Sunset Hills Estates Corp. (C/O Sasa Filipovic) on behalf of Dryden, Smith & Head (C/O Andrew Head) CITY OF KITCHENER Dryden, Smith & Head has submitted a Zoning By-law Amendment for a development proposal at 1154 Queens Boulevard (subject lands) in the City of Kitchener. The applicant is proposing to demolish the existing dwelling on site to redevelop the lands with a 3 -storey multiple dwelling building containing 10 dwelling units. Surface parking, an amenity area and waste storage are located at the rear of the site. The subject lands are located in the Urban Area of the Region and designated Built Up Area in the Regional Official Plan. The subject lands are designated Low Rise Residential in the City of Kitchener Official Plan and zoned Low Rise Residential Four (RES -4) Zone in the City of Kitchener Zoning By-law. The applicant has proposed to rezone the lands from the Low Rise Residential Four (RES -4) zone to the Low Rise Residential Five (RES -5) Zone to facilitate the use of a multiple dwelling. Site-specific provisions are requested to permit a front yard setback of 4.9m (whereas a front yard setback of 10.23m is required), and a side yard setback of 2.5m (whereas 3.Om is required). The Region has had the opportunity to review the proposal and offers the following: Document Number: 4433877 Version: 1 Page 52 of 82 Regional Comments Consistency with Provincial Legislation and Regional Official Plan Conformity The subject lands are designated "Urban Area" and "Built -Up Area" on Map 2 of the Regional Official Plan (ROP) and is designated Low Rise Residential in the City of Kitchener Official Plan. Within the Urban Area, the Region directs the majority of growth to the Urban Growth Centers, Major Transit Station Areas, Reurbanization Corridors, Major Local Nodes and Urban Designated Greenfield Areas. These areas .are planned to have a more compact form with a mix of employment, housing and services in close proximity of each other and higher frequency transit. Regional staff understand that the development proposal is located on an existing transit corridor. The Region is supportive of increased residential density on existing transit corridors as they support the Planned Community Structure established within the ROP. In addition, the additional density proposed on site will contribute to the City of Kitchener's annual intensification target in the built up area of 60%. The Region wishes to advise the applicant of the following technical comments related to the proposal: Corridor Planning Environmental Noise.- The oise.The transportation noise aspects of the Environmental Noise Impact Study entitled "Environmental Noise Impact Study- Project 22113.00" prepared by aercoustics Engineering Ltd. dated June 27, 2022, has been reviewed and the transportation noise aspects of the report have been accepted by the Region. The report assessed the impacts of transportation noise from traffic on Queens Boulevard, which is the dominant source of noise impacting the site. The report determined that the proposed development will require noise attenuation measures in the form of provision of central air conditioning and the associated noise warning clause for all units based on the assumption of 32% window surface of the floor area. The following implementation measures shall be implemented within the building through the Building Permit process and secured through the future consent or Condominium Application: 1. The dwelling units/building shall be installed with an air -ducted heating and ventilation system, suitably sized and designed for central air conditioning in future. 2. The following noise warning clauses shall be implemented within all Purchase and Sale, Lease/Rental Agreements and the Condominium Declaration: "The purchasers/tenants are advised that this dwelling has been designed with the provision of adding central air conditioning at the occupant's discretion. Installation of central air conditioning by the occupant in low and medium -density developments will Document Number: 4433877 Version: 1 Page 53 of 82 allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Region of Waterloo and the Ministry of Environment, Conservation and Parks (MECP). " Stationary Noise: As indicated in the pre -submission comments, a stationary noise study is not required at this time (at the Zoning By-law Amendment Application stage), as the detailed design of the building is not yet known; however, Regional staff wish to advise the applicant that a detailed stationary noise study shall be required as part of a future Consent or Condominium Application to assess the impact of noise from the development on itself and on the adjacent non -sensitive uses (e.g. low rise residential developments). It is recommended that the stationary noise study be completed as soon as possible to ensure that any mitigation measures are incorporated into the design of the building. In addition, Regional staff advise that the heating/cooling system shall comply with NPC - 300 noise guidelines. Hydrogeology and Water Programs/Source Water Protection The subject lands are located in Wellhead Protection Sensitive Area 7 (WPSA 7) and the site also falls within a Chloride Issue Contributing Area and WHPA-B in the Greenbrook Wellfield; therefore, Regional staff do not support infiltration of runoff from the parking lot or driveway at this location, but infiltration of rooftop runoff may be considered. Furthermore, in accordance with the Regional Council Endorsed position on geothermal energy, a prohibition on geothermal energy systems shall 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 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 Document Number: 4433877 Version: 1 Page 54 of 82 application move forward, staff ask the Owner/Developer to consider providing a number of affordable housing units on the site, as defined in the Regional Official Plan. In order for affordable housing to fulfill its purpose of being affordable to those who require rents or purchase prices lower than the regular market provides, a mechanism should be in place to ensure the units remain affordable and establish income levels of the households who can rent or own the homes. For the purposes of evaluating the affordability of an ownership unit, based on the definition in the Regional Official Plan, the purchase price is compared to the least expensive of: Housing for which the purchase price results in annual accommodation costs which do not exceed 30 percent of gross $385,500 annual household income for low and moderate income households Bachelor: $950 Housing for which the purchase price is 1 -Bedroom: $1,134 at least 10 percent below the average 2 -Bedroom: $1,356 purchase price of a resale unit in the $576,347 regional market area 4+ Bedroom: $3,997 oascu un ure most recent information avaiiaoie from the NNS Housing Tables (2021). In order for an owned unit to be deemed affordable, the maximum affordable house price is $385,500. For the purposes of evaluating the affordability of a rental unit, based on the definition of affordable housing in the Regional Official Plan, the average rent is compared to the least expensive of: A unit for which the rent does not exceed 30 per cent of the gross annual household income for low and moderate $1,470 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 oaseu un the most recent information avaiiaoie Trom the NNS Housing Tables (2021) In order for a rental unit to be deemed affordable, the average rent for the proposed units which have fewer than 3 bedrooms must be at or below the average market rent in the regional market area as shown above. For proposed units with three or more bedrooms, the average rent for the units must be below $1,470. Fees: By copy of this letter, the Region of Waterloo acknowledges receipt of the Zoning By- law Amendment and Compatibility Review fees totalling $3,000.00 (received June 19, 2023). Document Number: 4433877 Version: 1 Page 55 of 82 Conclusions: Based on the above, Regional staff have no objection to the application, subject to the following being implemented within the site-specific Zoning By-law Amendment: 1. The implementation of a geothermal prohibition. The required wording is: Geothermal Wells are prohibited on site. A geothermal well is defined as a vertical well, borehole or pipe installation used for geothermal systems, ground -source heat pump systems, geo-exchange systems or earth energy systems for heating or cooling; including open -loop and closed-loop vertical borehole systems. A geothermal well does not include a horizontal system where construction or excavation occurs to depths less than five meters unless the protective geologic layers overlaying a vulnerable aquifer have been removed through construction or excavation. 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. Sunset Hills Estates Corp. (C/O Sasa Filipovic) (Owner) Dryden, Smith & Head (C/O Andrew Head) (Applicant) Document Number: 4433877 Version: 1 Page 56 of 82 The Waterloo Region District School Board (WRDSB) has reviewed the above -noted application that proposes amendments in order to facilitate the construction of a 3 storey building including 10 dwelling units. The WRDSB offers the following comments. Student Accommodation At this time, the subject lands are within the boundaries of the following WRDSB schools: • J. F. Carmichael PS (Junior Kindergarten to Grade 6); • Queensmount PS (Grade 7 to Grade 8); and • Forest Heights CI (Grade 9 to Grade 12). The WRDSB's 2020-2030 Long -Term Accommodation Plan provides information on student enrolment and accommodation at these schools. Please note that accomodation pressures at Forest Heights Cl are present and projected to persist due to continued development growth. Portable classrooms may be located on-site to provide additional capacity on an interim basis. Student Transportation The WRDSB supports active transportation, and we ask that pedestrians be considered in the review of all development applications to ensure the enhancement of safety and connectivity. Please be advised that Student Transportation Services of Waterloo Region (STSWR)'s school buses will not travel privately owned or maintained right-of-ways to pick-up/drop-off students. Transported students will be required to meet the bus at a congregated bus pick-up point. STSWR may have additional comments about student pick-up point(s) placement on municipal right-of-ways. Education Development Charges Please be advised that any development on the subject lands is subject to the provisions of the WRDSB's Education Development Charges By-law, 2021, amended in 2022 or any successor thereof and may require the payment of Education Development Charges for these developments prior to issuance of a building permit. The WRDSB requests to be circulated on any subsequent submissions on the subject lands and reserves the right to comment further on this application. If you have any questions about the comments provided, don't hesitate to contact the undersigned. Regards, Page 57 of 82 L00HF SSP ��O Z O Q top, P O 'CT SCH00-1 Senior Planner Waterloo Region District School Board 51 Ardelt Avenue, Kitchener ON, N2C 2R5 Email: brandon coven ey(cc),wrdsb.ca Page 58 of 82 City of Kitchener ZBA Comment Form Project Address: 1154 Queens Boulevard Application Type: Zoning Bylaw Amendment Comments Of: Planning- Urban Design Commenter's Name: Rojan Mohammadi Email: Rojan.mohammadi@kitchener.ca Phone: 519-741-2200 ext: 7326 Date of Comments: July 17, 2023 ❑ I plan to attend the meeting (questions/concerns/comments for discussion) ❑X No meeting to be held ❑ I do NOT plan to attend the meeting (no concerns) 1. Documents Reviewed: • Site Plan (April 19, 2023), prepared by Dryden & Smith & Head Planning Consultant Inc • Floor Plans (May 2023), prepared by Masri 0 Inc Architects • Tree Management Plan & Landscape Plan (May 2023), prepared by Hill Design Studio • Retaining Wall Section (February 2023), prepared by Chung & Vander Doelen Engineering Ltd • 3D Massing Model (March 2023), prepared by Masri 0 Inc Architects • Planning Background & Justification Report (May 2023), prepared by Dryden & Smith & Head Planning Consultant Inc 2. Site -Specific Comments & Issues: • An access/primary building entrance should be facing the public street to be designed to a high level of quality that is consistent with the architectural expressions of the project and ensure that they are clearly visible from the public realm. • Retaining walls over 1.Om high require a guard rail at top of the wall. • The entire site is surrounded with retaining walls and in some areas, they are more than 2m in height, please ensure the retaining walls have form liners as apposed to concrete blocks. A City for Everyone Working Together — Growing Thoughtfully — Building Community Page 59 of 82 • The minimum width for sidewalk is 1.5m. • Provide class A bike parking area on the site. • Reduce the number of proposed parking lot as it has surpassed the minimum requirement. This would allow to increase green space within the site. 2. Comments on Submitted Documents: Tree Management Plan & Landscaping Plan • Written permission for removal of or impact to trees in joint ownership along property lines is required. Trees # 8 will likely be impacted due to the proposed constructions. • Although trees # 10, 11, 16,17,18,19,20, 21, 22A and 24A are not within the property's boundaries, it is highly recommended to obtain consent letters from the adjacent properties as their driplines are within the proposed development and will likely be impacted due to constructions and proposed retaining walls. • A visual barrier (solid wood) of 1.8m will be required where parking is adjacent to residential land uses. Please revise to include. A City for Everyone Working Together — Growing Thoughtfully — Building Community Page 60 of 82 This is not regulated by the GRCA and we have no comment. Thanks, Trevor Heywood B.Sc.(Env.) Resource Planner Grand River Conservation Authority 400 Clyde Road, PO Box 729 Cambridge, ON N1 R 5W6 Phone: 519-621-2763 ext. 2292 Email: theywood(a-)-grand river. ca www.grandriver.ca I Connect with us on social media Page 61 of 82 Please be advised that Engineering and Kitchener Utilities can provide our clearance for the ZBA application at 1154 Queens Boulevard. Of further note, Engineering has advised Meritech that once the ZBA is approved by the City the owner will need to make a Site Alteration Permit application with Engineering. Niall Melanson, C.E.T. Project Manager, Development Engineering, City of Kitchener niall.melanson@kitchener.ca, 519-741-2200 x 7133 200 King St. W., Kitchener, ON N2G 4GX Page 62 of 82 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). If you require any further information, please contact me by e-mail at Jordan.Neale@wcdsb.ca. Thank you, Jordan Neale Planning Technician, WCDSB 480 Dutton Dr, Waterloo, ON N2L 4C6 519-578-3660 ext. 2355 Page 63 of 82 City of Kitchener Application Type: Zoning By-law Amendment Application ZBA23/015/Q/ES Project Address: 1154 Queens Boulevard Comments of: Transportation Services Commenter's Name: Dave Seller Email: dave.seller@kitchener.ca Phone: 519-741-2200 ext. 7369 Date of Comments: June 29, 2023 a. The truck movement plan submitted for garbage pick-up utilizing the design vehicle Light Single Unit (LSU) is acceptable. b. Site plan should note the following: • Barrie free and visitor parking signs. • Barrier free parking space flush with the curb. • Crosswalk to access garbage area to be in an alternative material to painted lines. c. Transportation Services recommend that the total amount of parking being provided be reduced. Transportation Services suggest the following parking allotment noted below. The below parking supply totals 15 parking spaces. • Tenant portion: 12 spaces • Visitor portion: 2 spaces • Barrie free portion: 1 space Dave Seller, C.E.T. Traffic Planning Analyst Transportation Services I City of Kitchener 519-741-2200 ext. 7369 TTY 1-866-969-9994 1 dave.sellerCo.kitchener.ca Page 64 of 82 No heritage planning issues or concerns for this application. Thanks! Kind Regards, Deeksha Choudhry, MSc, BES Heritage Planner I Planning Division I City of Kitchener 519-741-2200 ext. 72911 TTY 1-866-969-9994 deeksha.choudhry@kitchener.ca 00VOKOOGE) Residents are encouraged to visit kitchener.ca/covidl9 for the most up-to-date information about City services. Page 65 of 82 City of Kitchener - Comment Form Project Address: 1154 Queens Boulevard Application Type: ZBA Comments of: Environmental Planning (Sustainability) —City of Kitchener Commenter's name: Raida Chowdhury Email: raida.chowdhury@kitchener.ca Phone: 519-741-2200 ext. 7078 Written Comments Due: July 13, 2023 Date of comments: July 6, 2023 1. Plans, Studies and/or Reports submitted and reviewed as part of a complete application: • Sustainability Statement, 1154 Queens Boulevard, prepared by Dryden, Smith & Head Planning Consultants Ltd. dated May 19, 2023. 2. Comments & Issues: I have reviewed the supporting documentation (as listed above) to support a site plan application proposing 3 -storey multiple dwelling building with 10 residential units, regarding sustainability and energy conservation, and provide the following comments: - Although the Ontario Building Code (OBC) is progressive, going forward all developments will need to include energy conservation measures that go beyond the OBC as the City (and Region of Waterloo) strive to achieve our greenhouse gas reduction target. - 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. - We appreciate that several sustainability measures have been considered in the supporting documentation. However, further clarification and detail regarding water and energy conservation measures is required, with respect to Kitchener Official Plan Policy 7.C.5.1 and Kitchener Official Plan Policy 7.C.6.8. - The development considers or proposes several sustainable measures including: o The compact and efficient design of an underutilized lands o White or light-colored material on the roof to reduce heat island effects and reduce cooling requirements o The use of landscaping features and native plants on-site o Electric vehicle parking spaces, fitted with re -charge stations It is suggested that as the building design is refined, the following sustainability measures are incorporated into development: Page 66 of 82 o Building envelope (wall, roof, and window thermal performance) designed beyond OBC requirements o Use of alternative water supply and demand management systems such as rainwater harvesting and grey water reuse, or readiness of the development to incorporate such systems in the future o Separately metered units to allow for more efficient management of energy use on a dwelling -by -dwelling basis o Measures to incorporate net zero emissions or LEED standards o On-site waste management which includes composting 3. Conditions of Site Plan Approval: • To submit a revised Sustainability Statement to the satisfaction of the City's Director of Planning. Further, the approved sustainability measures recommended in the Sustainability Statement will be implemented in the landscape, stormwater management, and building design, to the satisfaction of the City's Manager of Development Review. 4. 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.5.1. The City will encourage the reduction of water consumption levels through the promotion of the efficient use of water and the implementation of water saving technologies and may specify appropriate water conservation measures within existing and new development. • 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.6.8. 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. 5. Advice: ➢ As part of the Kitchener Great Places Award program every several years there is a Sustainable Development category. Also, there are community-based programs to help with and celebrate and recognize businesses and sustainable development stewards (Regional Sustainability Initiative - http://www.sustainablewaterlooregion.ca/our-programs/regional-sustainability- initiative and TravelWise - http://www.sustainablewaterlooregion.ca/our-programs/travelwise). ➢ The 'Sustainability Statement Terms of Reference' can be found on the City's website under 'Planning Resources' at ... https://www.kitchener.ca/SustainabilityStatement Page 67 of 82 Parks and Cemeteries have reviewed the documentation submitted in support of zone change application ZBA23/015/Q/ES at 1154 Queens Boulevard to facilitate the development of a 3 -storey multiple dwelling building containing 10 dwelling units. Surface parking, amenity area, and waste storage are located at the rear of the site. It is acknowledged that with only 10 units the development will not require site plan approval. The site is within the St Mary's Planning Community which is well served with active park space and there here are no existing or required street trees. Parkland Dedication will be required as cash in lieu of land and will be assessed at Building Permit. Regards, Lenore Lenore Ross MSc, MCIP, RPP Parks Planning and Development Project Manager Design & Development I Parks and Cemeteries City of Kitchener 519-741-2200 ext 7427 1 TTY 1-866-969-9994 Lenore. Ross@Kitchener.ca Discover nature in the city: www.kitchener.ca/parks A City for Everyone — Working Together — Growing Thoughtfully — Building Community rc:r � � Q i• Q �' Page 68 of 82 Eric Schneider From: James Bow Sent: Saturday, June 17, 2023 8:32 AM To: Eric Schneider Subject: Re: Planning Application for 1154 Queens Blvd Eric, Thank you for bringing to our attention the proposed development for 1154 Queen's Boulevard. We've reviewed the material. Speaking as nearby residents who walk Queen's Boulevard on many an occasion, we generally support this project. We agree that if the region is to grow, it should be up rather than out, and the low-rise multi-familiy apartment building proposed here does not conflict with the current character of the area. Overall, I think developments like this would improve Queen's Boulevard and be of benefit to the surrounding neighbourhood and the region in general. Our only concern is the number of parking spaces to the back of the property. Given that this is a ten unit apartment building, is there really a need for twenty spots, of which 18 appear to be for residents and two are for visitors? I do feel, in general, that this city prioritizes parking too much, and the result is too much impervious surface, and an overall encouragement of car traffic where there doesn't need to be, especially with GRT's route 1 stopping close by. I think the neighbours on Hearth Crescent would appreciate it if the parking lot was cut back away from their properly line and more green space put in. Again, overall, we support this proposed development, aside from our minor concerns. We will try to make the virtual zoom meeting on July 13, and we appreciate the City of Kitchener taking the time to notify us. Sincerely, James and Erin Bow James Bow - Page 69 of 82 Eric Schneider From: JOHN STROEDER Sent: Tuesday, June 20, 2023 11:24 AM To: Eric Schneider Subject: 1154 Queens Blvd You d+ Good morning As a neighbour of this property, it would be great if they cut the front and back lawn while they are waiting to tear it down. I am not sure why they think it is ok to leave it in disarray! 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REPORT HIGHLIGHTS: • The purpose of this report is to: o Review appropriate speed limits and time of day restrictions in school zones on City of Kitchener streets; o Review appropriate speed limits in ASE school zone locations; and, o Review the potential for increasing the 50 km/h posted speed limit on Bingemans Centre Drive to 60 km/h. • The key finding of this report is: o Given the community function of school properties and the presence of children and other vulnerable street users throughout the day and year, staff recommend maintaining a consistent and static speed limit of 30 km/h for all school zones in Kitchener neighbourhoods including all ASE school zone locations. This approach is aligned with other municipalities including Cambridge, Guelph, Mississauga, and Waterloo. o Considering the existing conditions of Bingemans Centre Drive, including on - road cycling facilities, high operating speeds, transit service, and business community concerns regarding speeding and safety, staff recommend maintaining the speed limit of 50 km/h for this street. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 73 of 82 • These recommendations have no expected financial implications. • This report supports the delivery of core services. BACKGROUND: City Council approved a reduction in speed limits from 50 km/h to 40 km/h across neighbourhoods within the City of Kitchener (DSD -2021-189). Additionally, Council directed staff to reduce speed limits within school zones to 30 km/h within these neighborhoods. More information regarding the details of the Neighbourhood Speed Limit Project and results of the pilot project can be found in staff report DSD -2021-189. In March 2023, Council passed a motion to review of speed limits in school zones, ASE areas, and on Bingemans Centre Drive as follows: Whereas 30km1h school zones have been implemented across The City as per the Council approved Neighbourhood Speed Limit project; Whereas safety concerns regarding speeding and street safety continue to be a top concern for Kitchener residents,- Whereas esidents, Whereas school zone bylaws on Region of Waterloo and City of Kitchener streets are not consistent in terms of the speed limit and time of day and time of year; and, Whereas Automated Speed enforcement (ASE) has been installed on Westheights Drive and Franklin Street and residents find driving under the 30km1h hour posted speed limit extremely challenging,- Therefore hallenging, Therefore be it resolved that staff be directed to investigate appropriate speed limits and time of day restrictions in school zones on City of Kitchener streets and report back to Council prior to the start of the 2023 school year; Therefore be it resolved that staff be directed to review the appropriate speed limit in ASE zones for Westheights Drive and Franklin Street and report back on this matter prior to the fall 2023. That staff be directed to review the potential for increasing the 50 km/h speed limit on Bingemans Centre Drive to 60 km/h. " REPORT: This report reviews and provides recommendations on speed limits in school zones and ASE sites located on City of Kitchener streets. It also provides a review and recommendation for the posted speed limit on Bingemans Centre Drive. School Zones Speed Limits The reduction of posted speed limits was informed by a pilot project in three residential neighbourhoods in the areas of Doon South, Huron and Idlewood. This pilot project demonstrated the effectiveness of reducing neighbourhood speed limits to 40km/h and school zones speed limits to 30km/h. Data collected in school zones during the pilot showed a 12% (from 41.2 to 36.4 km/h) reduction in the average operating speed, and a 13% (49 to 42.4 km/h) reduction in the 85th percentile speed. Page 74 of 82 School properties serve as important community hubs offering a diverse range of amenities such as school activities, daycares, after-school programing, public meeting spaces, summer schools and camps, and rental areas for recreational leagues. Furthermore, school properties provide outdoor sports facilities such as basketball courts, soccer fields, and parks. Given the role schools play within the neighbourhoods they serve, and the variety of services they offer residents at all times of the day and year, they attract children and vulnerable street users who rely on active transportation methods for accessing school properties. Staff conducted a comparison of speed limits and time restrictions in school zones across other municipalities. Other neighbouring municipalities have adopted a similar approach to the City of Kitchener regarding speed limits in school zones. These municipalities, which share similar road networks, and characteristics with Kitchener, have recognized the importance of implementing static 30 km/h speed limits in residential school zones. The consensus among these municipalities is that school zones attract children and vulnerable street users at all times of the day and serve as community hubs for programming and outdoor activities throughout the year. The following municipalities have implemented static speed limits of 30 km/h in school zones: City of Cambridge, City of Guelph, City of Mississauga, and City of Waterloo. Transportation Services has received feedback from Region of Waterloo School Travel Planning to address safety concerns in school zones. Data collected in October 2022 highlights speeding as the top safety issue in these areas. Furthermore, a survey conducted in three Kitchener schools during the same period revealed that approximately 52% of students use active transportation, such as walking or cycling, to commute to school. Transportation Services continues to recommend a static and consistent speed limit of 30 km/h in neighbourhood area school zones to prioritize the safety of residents of all ages who utilize school properties throughout the year and outside of regular school hours. The 30 km/h posted speed limit in school zones is applicable at all times for consistency and enhanced safety. Studies indicate a direct correlation between vehicle speeds and the probability of a collision resulting in serious injury or fatality. Specifically, the likelihood of survival in a vehicle -pedestrian collision is approximately 15% when a vehicle is traveling at 50km/h. However, the likelihood of survival can increase to 70% when the vehicle is traveling at 40km/h, and to 90% when the vehicle is traveling at 30km/h. Currently, staff have implemented the 30 km/h speed limits in approximately 85% of school zones across the city with the remaining 15% underway and to be converted by end of 2023. Automated Speed Enforcement Locations In 2021, the Region of Waterloo implemented Automated speed enforcement (ASE) on regional and municipal roads within the Region of Waterloo. A total of 16 sites received ASE units in the first phases of the program. Four (4) ASE units are currently located within the City of Kitchener; two on City of Kitchener streets and two on regional roadways. These sites were selected based on criteria developed by a working group comprised of regional and area municipality stakeholders and using data such as roadway characteristics and traffic speeds. In 2023, The Region of Waterloo is expected to expand the ASE program to include an additional 16 sites and two (2) additional cameras for a total of 32 sites and six (6) cameras across The Region. The ASE units currently located on streets under the Page 75 of 82 jurisdiction of the City of Kitchener are operational without any time restrictions, helping to ensure consistent enforcement for enhanced safety in school zones. More information regarding the details of the automated speed enforcement initiative can be found in staff report DSD -20-104. In the Region of Waterloo, the ASE program has been implemented with the primary objective of reducing speeds within school zones. This strategic measure aims to mitigate the risk of severe collisions in areas where the safety of children and other vulnerable street users is a priority. The Region of Waterloo is currently conducting a pilot program to explore the implementation of static speed limits versus time/day/month speed limit restrictions in school zones on Region of Waterloo roads. This program aims to assess the impact of reducing speed limits on regional roads to 40km/h during school hours. An important difference between The Region's approach and The City's approach is the classifications and operating characteristics of their respective roadways and streets. The Region of Waterloo primarily operates and maintains arterial roadways that are designed to move significant volumes of traffic through the Region. Area municipalities primarily operate collector and local streets within communities that provide access to homes and neighbourhood amenities. Additionally, The City of Kitchener has adopted a complete streets methodology for neighbourhoods, transitioning streets to be more accommodating for active transportation and vulnerable street users. Staff recommend a unified and standardized approach of 30 km/h speed limit at all times within City of Kitchener school zones, including school zones equipped with ASE units. This approach is consistent with area municipalities including Cambridge, Guelph, Mississauga, and Waterloo, and ensures that all school zones within Kitchener neighbourhoods maintain a predictable speed limit, prioritizing the safety of students, parents, and other vulnerable street users who utilize these properties throughout the day and year. Bingemans Centre Drive Speed Limit Bingemans Centre Drive is classified as a major collector roadway with a posted speed limit of 50km/h and services a range of businesses, vehicles, and street users. Currently the road is a transit corridor with painted bike lanes and a sidewalk on the north side. The south side of the road does not have sidewalk facilities and the corridor does not have any mid block - controlled crossings. The most recent traffic data for Bingemans Centre Drive from 2017 shows an 85th percentile speed of 75 km/h with average daily traffic volume of 11,292 vehicle trips. Between 2013 and 2023, a total of 28 collisions occurred on this road. Among these collisions, two involved pedestrians and one involved a cyclist. Of the 28 collisions, seven resulted in injuries. In March 2023, Council directed staff to review the potential for increasing the 50 km/h speed limit on Bingemans Centre Drive to 60 km/h. The lack of a sidewalk on the south side of the street, the absence of mid -block crossings and the high traffic volumes and operating speeds pose challenges for street users who need to cross the street to access businesses and transit service. To address pedestrian safety concerns, two pedestrian islands are being installed at locations with a higher expected number of crossings as part of the Vision Zero Hot Spot Improvement program. More information regarding the Vision Zero Hot Spot Improvement program can be found in Staff Report DSD -2023-152. While these improvements aim to enhance safety, higher posted speed limits on the road could undermine the effectiveness of these measures and compromise the safety of vulnerable street users crossing the road or using the existing Page 76 of 82 painted bike lanes. An 85th percentile operating speed of 75 km/h on this street shows that vehicles are currently not complying with the posted speed limit. Increasing the speed limit could further increase the operating speeds of vehicles. The unique characteristics of Bingemans Centre Drive, such as transit vehicles making frequent stops, slower moving truck traffic, turning vehicles slowing to access businesses, painted bike lanes without physical separation, and pedestrians crossing the roadway to access transit or due to the absence of a sidewalk on the south side of the road, all contribute to a recommendation for a 50km/h speed limit. Lower speed limits help reduce the potential for collisions and improve safety for all street users. An increased speed limit should only be considered when the existing on -road bike lanes are upgraded to separated cycling facilities to prioritize vulnerable road user safety. Transportation Services has received feedback from businesses along this roadway expressing concerns about speeding, access challenges for driveways, and the safety of staff and patrons who do not rely on alternative modes of transportation including walking, cycling and transit. Staff recommend maintaining the current posted speed limit of 50 km/h given the existing conditions on Bingemans Centre Drive. This approach prioritizes safety for vulnerable street users and helps address concerns expressed by businesses and other stakeholders in the area. 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. PREVIOUS REPORTS/AUTHORITIES: • Report DSD -19-159 — Neighbourhood Speed Limit Review • Report DSD -20-104 —Automated Speed Enforcement • Report DSD -2021-189 — Neighbourhood Speed limit Review APPROVED BY: Justin Readman, General Manager, Development Services Department ATTACHMENTS: None Page 77 of 82 Staff Report r NJ :R Development Services Department www.kitchener.ca REPORT TO: Planning and Strategic Initiatives Committee DATE OF MEETING: August 14, 2023 SUBMITTED BY: Cory Bluhm, Executive Director Economic Development, 519-741- 2200 ext. 7065 Garett Stevenson, Interim Director of Planning, 519-741-2200 ext. 7319 PREPARED BY: Darren Becks, Manager of Downtown Development and Innovation, 519-741-2200 ext. 7064 Natalie Goss, Manager of Policy and Research, 519-741-2200 ext. 7648 WARD(S) INVOLVED: Wards 9 and 10 DATE OF REPORT: July 21, 2023 REPORT NO.: DSD -2023-315 SUBJECT: Downtown Kitchener Draft Vision and Principles RECOMMENDATION: That the comprehensive community engagement results received to date, combined with Council feedback, be used with input from the Downtown Community Working Group to finalize a vision statement and set of principles; and further, That staff report back with the final vision and set of principles for Council approval later in 2023. REPORT HIGHLIGHTS: • This report provides an overview of the project work to date and seeks Council's input on the draft vision and principles for downtown Kitchener. • The work of the DCWG is framed by the Terms of Reference approved by Council and detailed in Report No. DSD -2022-014. • The Downtown Kitchener vision process is community -led, and staff supported. Central to this community -led process is a Downtown Community Working Group (DCWG) comprised of approximately 25-30 members of the downtown and broader Kitchener community each bringing unique and diversified perspectives to the process. • Community engagement for Phase One (June 2022 — April 2023) included workshops with the DCWG as well as participation from approximately 1,700 participants in person through a wide range of engagement methods including pop up sessions at the Kitchener Farmers' Market, meetings with stakeholders, and Bo - it -yourself workshops and an additional approximately 900 participants online. • This report supports the Strategic Plan theme A Vibrant Economy. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 78 of 82 BACKGROUND: Downtown Kitchener is at a critical point in its evolution. Unprecedented growth is happening at a time where housing affordability, climate, equity, and social factors are intersecting. The pandemic has caused significant impacts to Kitchener's business community, including the many businesses and organizations reliant on in-person engagement. As a result of all these converging factors, it is an opportune time for the community to shape a new vision for downtown Kitchener. Since June 2022, a Downtown Community Working Group (DCWG) has been guiding the development of the vision and principles, with support from City staff and LURA Consulting (a community engagement consultancy). The DCWG is comprised of 25-30 members of the downtown and broader Kitchener community, each bringing unique and diverse perspectives. The work of the DCWG is to create a high-level vision and guiding principles to inform new and ongoing City initiatives. These current and future initiatives may include a land use and zoning framework for the Major Transit Station areas, Civic District Master Plan, District Energy, Bramm Yards Master Plan, Arts and Culture Strategy, Inclusionary Zoning, Places and Spaces, Comprehensive Review of City -owned Properties and a new or updated Official Plan. To date the DCWG shaped and assisted in delivering a fulsome community engagement process to gather input to inform the vision and guiding principles and receive input on the draft. This community -driven process has been intended to build consensus, motivate, and inspire action and ensure inclusive community building. The report titled, "Downtown Kitchener Vision and Principles Phase One Engagement" summarizes input received during Phase One of this project. The DCWG has used the input provided through Phase One to draft a vision and principles for community and Council input which is the subject of this report. REPORT: Since June 2022 the Downtown Community Working Group has worked together with City staff and LURA Consulting to shape a comprehensive community engagement process and identified key themes and issues in the downtown. From February to April of this year phase one of the DTK Vision and Principles community wide engagement occurred which included: • 1,615 participants over 5 community pop-up events • 95 participants through 11 do-it-yourself workshops including the City of Kitchener's Downtown Action and Advisory Committee and Climate Change and Environmental Advisory Committee • 2 meetings with local Indigenous Organizations • 4 DTK social service organizations through a service provider workshop • 1,313 project webpage views on kitchener.ca • 60,216 social media ad impressions • 3,210 project webpage views on EngageWR • 899 participants in online engagement • 1 Council workshop Page 79 of 82 The community and Council input received earlier this year is summarized in Attachment A to this report. Key messages that emerged throughout the Phase One engagement process are: • The need for community -building efforts, strengthening the connection between neighbours. • The importance of vibrant streets, public spaces and green space, especially as density grows within the downtown. • Strong support for more connected and continuous active transportation and public transportation networks. • Greater efforts to support the unhoused/precariously housed and those in crisis who live in Kitchener. • Downtown Kitchener was impacted by the COVID-19 pandemic and requires investment and rejuvenation to support existing local businesses and attract new ventures. • The importance of integrating climate adaptation and resiliency actions into the city's day-to-day functions. • Strengthened support, advocacy, and action towards an inclusive, equitable and accessible downtown, that also helps to advance Truth and Reconciliation. Using the community and Council input the DCWG, with support from staff, and the project consultant, LURA, drafted a vision statement, and three (3) guiding principles. These are a first step towards a final vision and principles that will form a Council recommendation in the fall of 2023. The draft vison and principles are currently part of an ongoing community engagement process which commenced on June 17, 2023 at a community pop-up at Gaukel Block. Online engagement launched on the DTK Vision Engage Page on July 5t" and is open for input until August 18tH The purpose of this report is to engage with members of Council at the committee of council meeting to obtain their input on the draft vision and principles developed collaboratively by the DCWG with support from staff and the consultant. To assist Council with providing input on the draft vision and principles, the following questions are being asked which are the same questions are being asked of the community. 1. Does the vision and principles establish a clear direction for the future of DTK? 2. Do the principles prioritize the matters that should be focused on to achieve the vision? If not, what is missing? 3. What actions could be taken to implement the above principles? Page 80 of 82 Draft Vision Downtown Kitchener is the inclusive, dynamic, and energetic heart of the city. Together our community can thrive through vibrancy, connection, and belonging. Principles Vibrancy The DTK community is vibrant. As our city's economic and employment hub, our streets bustle with entrepreneurs' unique shops, restaurants, and experiences to explore. World- class cultural institutions, a burgeoning arts scene, unique places, and a diversity of lively festivals define our downtown's identity. Connection The DTK community builds meaningful connections. Diverse residents come together through a shared network of dynamic public places and community spaces. Our downtown prioritizes pedestrians while providing a full range of safe and accessible transportation choices within and beyond the core. Belonging The DTK community is a place where everyone belongs. Thoughtful planning, sustainability, and exceptional design weave new growth into the history of DTK, where complete neighbourhoods offer diverse housing forms for people at all stages of life. Our collective decisions center on inclusivity and empathy to build a welcoming, equitable and accessible downtown where everyone can thrive All input received to date will be provided to the DCWG to assist them in developing a final vision and series of principles for DTK. Staff anticipates bringing a final vision and principles to Council for a decision later this fall. STRATEGIC PLAN ALIGNMENT: This report supports A Vibrant Economy. The DTK vision project plan delivers a wholistic vision for the future of DTK enabling the continuation of strategic investments supporting job creation, economic prosperity, thriving arts and culture, and great places to live. FINANCIAL IMPLICATIONS: Capital Budget — This project is funded through approved capital budget for costs associated with consultant services and community engagement. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: The DTK vision engagement process is community -led and, staff supported. Central to the engagement process is a DCWG, comprised of 25 to 30 individuals representing different aspects of downtown life. The DCWG informed, guided, and participated in themed conversations which have been used, together with broad community input, to develop a draft vision and principles for Downtown Kitchener that is being used to have conversations with the broader community. Page 81 of 82 Since June 2022, the DTK Vision Project has included: • 11 DCWG meetings • Meetings with local Indigenous organizations • A workshop with downtown service provider agencies • A Do -it -Yourself Workshop completed by eight community organizations/city advisory committees • Five community pop -ups, and • Two phases of online engagement that included surveys, ideas boards, and mapping exercises. In addition to the broad representation that was critical to the formation of the Downtown Community Working Group (DCWG), the project team engaged the Downtown Kitchener BIA, the Downtown Action and Advisory Committee (DAAC), the Climate Change and Environmental Advisory Committee (CCEC), Grand River Accessibility Advisory Committee (GRAAC), and Arts and Creative Industries (ACAC) as part of engagement in March/April of this year. DAAC, at its June 2023 meeting provided further comments and feedback on the draft vision and principles. All input received to date will be provided to the DCWG to assist them in developing a final vision and series of principles for DTK. Staff anticipates presenting a final vision and principles to Council for a decision later this fall. INFORM — This report has been posted to the City's website with the agenda in advance of the council / committee meeting. PREVIOUS REPORTS/AUTHORITIES: DSD -2022-014 Downtown Kitchener Vision Project Plan DSD -2023-197 Downtown Kitchener (DTK) Vision and Growina Toaether Worksho APPROVED BY: Justin Readman, General Manager, Development Services ATTACHMENTS: Attachment A - Downtown Kitchener Vision and Principles — Phase One Engagement Summary Page 82 of 82