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PSI Agenda - 2023-09-18
Planning & Strategic Initiatives Committee Agenda Monday, September 18, 2023, 6:00 p.m. - 8:30 p.m. Council Chambers - Hybrid City of Kitchener 200 King Street W, Kitchener, ON N2G 4G7 People interested in participating in this meeting can register online using the delegation registration form at www.kitchener.ca/delegation or via email at delegation (a)kitchener.ca. Please refer to the delegation section on the agenda below for registration in-person and electronic participation deadlines. Written comments received will be circulated prior to the meeting and will form part of the public record. The meeting live -stream and archived videos are available at www.kitchener.ca/watchnow. *Accessible formats and communication supports are available upon request. If you require assistance to take part in a city meeting or event, please call 519-741-2345 or TTY 1-866-969-9994.* Chair: Councillor P. Singh Vice -Chair: Councillor D. Chapman Pages 1. Commencement 2. Disclosure of Pecuniary Interest and the General Nature Thereof Members of Council and members of the City's local boards/committees are required to file a written statement when they have a conflict of interest. If a conflict is declared, please visit www.kitchener.ca/conflict to submit your written form. 3. Consent Items The following matters are considered not to require debate and should be approved by one motion in accordance with the recommendation contained in each staff report. A majority vote is required to discuss any report listed as under this section. 3.1 Zoning By-law Amendment Application ZBA23/013/S/CD, Lifting of 4 Holding Provision 24H, 134-154 Shanley Street, 2701098 Ontario Inc., DSD -2023-263 3.2 Zoning By-law Amendment Application ZBA23/032/V/CD, Lifting of 13 Holding Provision 43H, 120 Victoria Street South, Glovebox (2019) Inc, DSD -2023-400 3.3 Uncollectable Miscellaneous Receivable Accounts Write -Off, FIN -2023- 21 293 3.4 Uncollectable Utility Receivable Write -Off, FIN -2023-294 24 3.5 Applications for Cancellation, Refund, Reduction of Taxes, FIN -2023-354 27 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 4:00 p.m. on September 18, 2023 in order to participate electronically. 4.1 Item 6.1 - Jeff Henry, Arcadis Professional Services (Canada) Inc. & Peter Markin 4.2 Item 6.1 - John Verkley 4.3 Item 6.2 - Victor Labreche, Arcadis Professional Services (Canada) Inc. 4.4 Item 6.3 - Juliane Von Westerholt, MHBC Planning 5. Discussion Items 5.1 Kitchener Public Library, Southwest Public 15 m 29 Artwork Commission, DSD -2023-368 (Staff will provide a 5 -minute presentation on this matter.) 5.2 Active Transportation Progress Report, DSD- 60 m 58 2023-007 (Staff will provide a 5 -minute presentation on this matter.) 6. 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. Page 2 of 399 7. 1.1 6.1 Zoning By-law Amendment Application ZBA23/019/W/TS, 229 Wellington Street North, Peter Markin, DSD -2023-382 (Staff will provide a 5 -minute presentation on this matter.) 6.2 Oficial Plan Amendment Application OPA22/004/V/KA, Zoning By-law Amendment Application ZBA22/006/V/KA, 130-142 Victoria Street South, 1936026 Ontario Inc., DSD -2023- 365 (Staff will provide a 5 -minute presentation on this matter.) 6.3 Oficial Plan Amendment Application OPA23/010/C/CD, Zoning By-law Amendment Application ZBA23/016/C/CD, 332 Charles Street East, 332 Charles GP Inc., DSD -2023- 300 (Staff will provide a 10 -minute presentation on this matter.) Information Items 15 m 100 30 m 133 20 m 7.1 2023 Business Plan —August Progress Report, CAO -2023-389 7.2 Planning Division Significant Planning Applications, Projects and Housing Pledge Update - Quarterly Report, DSD -2023-401 Adjournment Marilyn Mills Committee Administrator 272 345 358 Page 3 of 399 Staff Report J IKgc.;i' r� R Development Services Department www.kitchener.ca REPORT TO: Planning and Strategic Initiatives Committee DATE OF MEETING: September 18, 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: REPORT NO. August 21, 2023 DSD -2023-263 SUBJECT: Zoning By-law Amendment Application ZBA23/013/S/CD Lifting of Holding Provision 24H 134-154 Shanley Street 2701098 Ontario Inc. RECOMMENDATION: That Zoning By-law Amendment Application ZBA23/013/S/CD for 2701098 Ontario Inc for the purpose of removing Holding Provision 24H from the lands specified in the attached Map No.1, in the form shown in the "Proposed By-law" attached to the Report DSD -2023-263 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 24H from 134-152 Shanley Street. • 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 application. • Community engagement included notification of the intent to pass a by-law to remove the Holding Provision that was advertised in The Record on August 25, 2023. • This report supports the delivery of core services. BACKGROUND: An application by 2701098 Ontario Inc. (the property owner) to lift Holding Provision 24H from 134-152 Shanley Street has been made to facilitate the development of the property with an 8 -storey multiple dwelling development. This report seeks Council's approval of zoning by-law amendment application 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 4 of 399 REPORT: On February 21, 2022, Council approved a Zoning By-law Amendment application to change the zoning of the subject lands at 134-152 Shanley Street in Zoning By-law 2019- 051 to Medium Rise Residential Six Zone RES -6 with Site Specific Provision (189) to further regulate parking, permit an increased Floor Space Ratio (FSR), building heights, setbacks and a Holding Provision (24H) to require site contamination remediation. Approval in Principle of Site Plan Application SP21/105/S/CD was granted in April 2022, conditional upon the lifting of Holding Provision 24H. In May of 2023, a Zoning By-law Amendment application was filed requesting to lift the Holding Provision. The City is in receipt of correspondence dated August 18, 2023 (Attachment `C') indicating that the Regional Municipality of Waterloo is satisfied that the applicant has met the requirements of 24H related to the approval of the Record of Site Condition 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 134-152 Shanley Street. Based on the above, Planning staff is of the opinion that the requested zoning by-law amendment to remove Holding Provision 24H is appropriate at this time since the requirements to release the holding provision have been met. Planning Staff recommends removing Holding Provision 24H as shown on Map No. 1 contained within Attachment `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 August 25, 2023 (Attachment '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 -2022-033 • 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 5 of 399 ATTACHMENTS: Attachment A — Proposed By-law to amend Zoning By-law 2019-051 and Map No. 1 Attachment B — Newspaper Notice Attachment C — Regional Municipality of Waterloo Approval Letter Attachment D — Holding Provision 24H Page 6 of 399 W W z ZW a a 0' O O N N z W O O z 0 O w z Z Z O W °' o J(n X x x N Of W N Of O z N O N LL M � G) cn W p� Q W O IN Q Q' N (x z Q o 9 Q z Q z Q J W O O W LLJ ZQ z} <n LL LL Q H00 LO Q N O ❑ O� W 0 ❑ _Q C) z 0 D -j 0❑ >> 7 J J W O>❑ Q z U N p > W W H 7 H J W Z W Q W Z H H Lu Lu Ow Q Q dLu LU Of oh d 2i E75 E O � Z ❑ Z IN ON W CD 00 ❑ ❑ U m Z cn O C7 Z > XLL,Lu Lu LU LU LU 0 Ooh U LU zUcwnO=-JZw ww>>-JQz OfQQIn0d0 ww LLLI L w N m Q La a Ow azzo9',J�=Z��� ❑W �zxIN O N N LU Lu p����0Lu�cn �_ pLu O> 2 m w p Q 0❑ W J❑❑ N O m W 2 0 O m cn cn O z� J J Q J Z LU Z CD0 Z Y w IM W W p�2p��2 2 J U N W Z U` hZ Z ❑ W W N —. 0 ,n co d J dd LU Z w Z ^^ H fq QQL���QH�� W �_Z O W �_ r c0 r N p m 0 0 0- 2 2 2N (n (n (n O r c0 } O co 22 W W W d Of Of m U O W W Of� Of Z2QU O ULLH N(n0Y Q C i Q p , wC Z X17 O , N r Ila , D G a w U > O LU Q cn N N � Z ~ 11111111 J J W ti o II IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIpIIII � �_ I N a .� ♦♦ 11 O i VVpplll = M = ''11111 � m V Ed T T (Ii `J 0 Z LL pl� uulll O LL III I � gplllllll IIIIIIIIIIIII III m I' N O IIE � s v uuuuuuuul�uuuuuuuu I O uuuuuuluuuuuuuuu IIIIIIIIIIIII , o 0 M N CD W Of O N H O W O r M I I fY � i IIIIIIIIIIIIIIIIII r Q N ti um f� tD T I � m 0 W J Q W , umuull Q H / �b W I m m U U Q ❑ Q OO IiI Lr) III N � IIVupppuull uupppVVVVIVu VVuuI °uuu"11111 O uWlllll Z U) 111111 O � �n (A III � � O — � W J �, m1411jIIIII Z Q o Vuuluuuuuuum o Z = N 111111 Q 00 M N LO O O r , N G CO r , I IIIIIIIIIIIIIIIIIIIIIIII 6. um u , SII N � � i umuulmum � II IIIIV umuuuuuuuuuuuuuuu � � IIIIIIIII (IIIIIIIIIIIIIIIIII T , _ IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII � 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 — 2701098 Ontario Inc. — 134 and 152 Shanley Street) 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 83 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 Medium Rise Residential Six Zone (RES -6) with Site Specific Provision (189) and Holding Provision (24) to Medium Rise Residential Six Zone (RES -6) with Site Specific Provision (189). 2. Section 20 to By-law 2019-051 is hereby amended by deleting (24H). PASSED at the Council Chambers in the City of Kitchener this day of , 2023. Mayor Clerk Page 8 of 399 NOTICE OF PUBLIC MEETING for removal of a holding provision 134152 Shanley Street ,a �bF pN �d 1 di Location Map raw ' Community & Infrastructure tm j. Services Committee ,p Date: September 18, 2023 a9 Location: Council) Chambers, UBJE T AREA K'Itchener Cty DilaII 200 King Street West irtual Zoom Fleeting II iu i flu r i� g c) f I ���.. . 2 II Ib To view the staff report, agenda, meeting details & start time of this item (to be posted the Friday before meeting), visit kitchener.ca/meetings To learn more about this project, visit: www.kitchener.ca/ Plan ningApplications or contact: Craig Dumart, Senior Planner craig.dumart@ kitchener.ca 519.741.2200 x7073 The City of Kitchener will consider an application to amend the Zoning By-law to lift Holding Provision 24H in Zoning By-law 2019-051 affecting the subject lands. The requirements for the removal of 24H have been fulfilled with the approval of a Record of Site Condition approved by the Ministry of the Environment, Conservation and Parks and accepted by the Region of Waterloo. Page 9 of 399 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 SEPVICES Community Planning 150 Frederick Street Sth Floor Kitchener Ontario N2G U Canada Telephone:519-575-4400 TTY: 519-575-4608 Fax: 519-575-4466 www.regionofwaterloo.ca File: C14-60/230013 August 18, 2023 Re: Removal of Holding Provision — 24H Re: ZBA Application ZBA23/0013/S/CD 2701098 Ontario Inc. (Shannondale Developments) 134-152 Shanley Street 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 2021, 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 on site. The Official Plan Amendment and Zoning By-law Amendment were adopted and Zoning By-law Amendment 2022-024 included Holding Provision 24H. Holding Provision 24H required the submission of a Record of Site Condition and Ministry Acknowledgement Letter that applies to the entirety of the subject lands (134-152 Shanley Street) 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 24H is as follows: Notwithstanding Section 7, of this By-law within the lands zoned RES -6 and shown as being affected by this subsection on Zoning Grid Schedule Number 83 of Appendix "A", no residential redevelopment shall be permitted until such time as a Record of Site Document Number: 4459220 Version: 1 Page 2 of 2 Page 10 of 399 Condition is submitted and approved to the satisfaction of the Ministry of the Environmental, Conservation and Parks or any successor Ministry ("MECP'). This Holding Provision shall not be removed until the Region of Waterloo is in receipt of a letter from the Ministry of the Environment, Conservation and Parks advising that a Record of Site Condition has been completed to the satisfaction of the MECP." The Region obtained a copy of the Record of Site Condition (RSC # 6-404- 6223500396) and the associated Ministry Acknowledgement Letter dated May 5, 2023 on May 26, 2023. The RSC filing was support by a Risk Assessment and a Certificate of Property Use (#6133-07NLHQ) which was registered on title as WR1408916 on January 1, 2022. The RSC and CPU applied specifically to the lands addressed as 152 Shanley Street. Following an amendment to the CPU (dated August 11, 2023) and a consolidation of the Property Identifier Numbers (PINS) applying to 134 and 152 Shanley Street (registered as WR1508463 on May 15, 2023), the CPU requirements now apply across the entirety of the subject lands. Based on the above, the Region has no objection to the removal of Holding Provision 24H. Regional staff acknowledge receipt of the Zoning By-law Amendment fee of $3,000.00 (received June 22, 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 Jeff Henry, Arcadis Professional Services (Canada) Inc. (Applicant) Page 11 of 399 SECTION 20 — Holding Provisions (24H) (24H) — Notwithstanding Section 7, of this By-law within the lands zoned RES -6 and shown as being affected by this subsection on Zoning Grid Schedule Number 83 of Appendix "A", no residential redevelopment shall be permitted until such time as a Record of Site Condition is submitted and approved to the satisfaction of the Ministry of the Environment, Conservation and Parks or any successor Ministry ("MECP"). This Holding Provision shall not be removed until the Region of Waterloo is in receipt of a letter from the Ministry of the Environment, Conservation and Parks advising that a Record of Site Condition has been completed to the satisfaction of the MECP. City of Kitchener Zoning By-law 2019-051 Page 12 of 399 Staff Report l IKgc.;i' r� R Development Services Department www.kitchener.ca REPORT TO: Planning and Strategic Initiatives Committee DATE OF MEETING: September 18, 2023 SUBMITTED BY: Rosa Bustamante, Director of Planning, 519-741-2200 ext. 7319 PREPARED BY: Craig Dumart, Senior Planner, 519-741-2200 ext. 7073 WARD(S) INVOLVED: Ward 9 DATE OF REPORT: REPORT NO. September 1, 2023 DSD -2023-400 SUBJECT: Zoning By-law Amendment Application ZBA23/032/V/CD Lifting of Holding Provision 43H 120 Victoria Street South Glovebox (2019) Inc RECOMMENDATION: That Zoning By-law Amendment Application ZBA23/032/V/CD for Glovebox (2019) Inc for the purpose of removing Holding Provision 43H from the lands specified in the attached Map No.1, in the form shown in the "Proposed By-law" attached to the Report DSD -2023-263 as Appendix A, be approved. REPORT HIGHLIGHTS: • The purpose of this report is to seek Council's approval of a Zoning By-law Amendment Application to remove Holding Provision 43H from the lands municipally known as 120 Victoria Street South. • The applicant has satisfied the conditions outlined within the Holding Provision as confirmed by receiving a letter of acknowledgment from the Ministry of Environment. • There are no financial implications associated with the Zoning By-law amendment application. • Community engagement included notification of the intent to pass a by-law to remove the Holding Provision that was advertised in The Record on September 8, 2023. • This report supports the delivery of core services. BACKGROUND: An application by Glovebox (2019) Inc. (the property owner) to lift Holding Provision 43H from 120 Victoria Street South. This report seeks Council's approval of a zoning by-law amendment application to remove the Holding Provision from the property. REPORT: *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 13 of 399 In August of 2018, Council approved a Zoning By-law Amendment application to change the zoning of the subject lands at 120 Victoria Street South in Zoning By-law 85-1 to Warehouse District Zone with Special Regulation Provision 1 R and 710R, Special Use Provisions 294U and 463U and Holding Provisions 43H and 80H a Holding Provision (24H) to allow for a phased mixed use development requiring site contamination remediation for sensitive uses. At the time of the above mentioned Zoning By-law Amendment application, Holding Provisions 43H and 80H were retained within the zoning of the property to prohibit any residential use (80H) and other sensitive land uses (43H) until such time as a Record of Site Condition is approved by the Ministry of the Environment. The City is in receipt of a letter of acknowledge from the Ministry of Environment dated January 28, 2021 (Attachment `C') advising that a Record of Site Condition has been completed in accordance with Guidelines for the Decommissioning and Clean-up of sites in Ontario. As such planning staff is satisfied that the applicant has met the requirements of 43H related to the approval of the Record of Site Condition and has no objection to the lifting of the Holding Provision to permit the use of a museum (and other sensitive uses) on the subject lands at 120 Victoria Street South Based on the above, Planning staff is of the opinion that the requested zoning by-law amendment to remove Holding Provision 43H is appropriate at this time since the requirements to release the holding provision have been met. Planning Staff recommends removing Holding Provision 43H as shown on Map No. 1 contained within Attachment `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 September 8, 2023 (Attachment `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 -18-073 • Planning Act, 1990 • Zoning By-law 85-1 REVIEWED BY: Page 14 of 399 Garett Stevenson, Manager of Development Review, Planning Division Tina Malone -Wright, Supervisor Development Applications, Planning Division APPROVED BY: Justin Readman, General Manager Development Services ATTACHMENTS: Attachment A — Proposed By-law to amend Zoning By-law 85-1 and Map No. 1 Attachment B — Newspaper Notice Attachment C — Ministry of Environment Letter of Acknowledgement Attachment D — Holding Provision 43H Page 15 of 399 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 — Glovebox (2019) Inc. — 120 Victoria Street South) WHEREAS it is deemed expedient to amend By-law 85-1 for the lands specified above; NOW THEREFORE the Council of the Corporation of the City of Kitchener enacts as follows: 1. Schedule Numbers 73 and 74 of Appendix "A" to By-law Number 85-1 are hereby amended by changing the zoning applicable to the parcel of land specified and illustrated as Area 1 on Map No. 1, in the City of Kitchener, attached hereto, from Warehouse District Zone (D-6) with Special Regulation Provisions 1 R and 710R and Special Use Provisions 294U and 463U and Holding Provisions 43H and 80H to Warehouse District Zone (D-6) with Special Regulation Provisions 1 R and 710R and Special Use Provisions 294U and 463U and Holding Provision 80H. PASSED at the Council Chambers in the City of Kitchener this day of 2023. Mayor Clerk Page 17 of 399 NOTICE OF PUBLIC MEETING for removal of a holding provision 120 Victoria Street South raw Community & Infrastructure ` Services Committee Removal of Holding Provision 43H Date: September 18, 2023 Location: Council Chambers, Kitchener City IHIaIII 200 ling Street west. "Vi rtua I 'oo m Meeting Toview 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.kitchenenca/ Plan ningApplications or contact: Craig Dumart, Senior Planner craig.dumart@ kitchener.ca 519.741.2200 x7073 The City of Kitchener will consider an application for a Zoning By-law Amendment to lift Holding Provision 43H in Zoning By-law 85-1 affecting the subject lands. The requirements for the removal of 43H have been fulfilled with the approval of a Record of Site Condition by the Ministry of the Environment. Page 18 of 399 Ontario 0 Ministry of the Environment, Conservation and Parks Environmental Permissions Branch 135 St. Clair Avenue West 1" Floor Toronto ON M4V 1 P5 Tel.: 416 314-8001 Fax: 416 314-8452 Via Email January 28, 2021 Minist6re de I'Environnement, de la Protection de la nature et des Pares Direction des permissions environnementales 135, avenue St. Clair Ouest Rez-de-chaussbe Toronto ON M4V 1 P5 T61 : 416 314-8001 T616c. : 416 314-8452 DON ZEHR GLOVEBOX (2019) INC. 205A, 607 KING STREET WEST KITCHENER ON N2G 1 C7 Dear Don Zehr: Record of Site Condition Number 227568 Has Been Filed in the Environmental Site Registry for 120 Victoria Street South, Kitchener Pursuant to paragraph 3 of subsection 168.4(3.1) of the Environmental Protection Act, this is a written acknowledgment that Record of Site Condition (RSC) number 227568 has been filed in the Environmental Site Registry on January 28, 2021. An electronic copy of this RSC can be viewed and downloaded from the Environmental Site Registry located here: https://www.Ircsde.Irc.gov.on.ca/BFISWebPublic/pub/searchFiledRsc search?request locale=en If you have any questions or require additional information, please contact Thomas Cruttwell, Brownfields Unit, Environmental Permissions Branch, at 416-720-7582. Regards, Z FA '�M/ Iffio" Thomas Cruttwell Director Subsection 168.4(3), Environmental Protection Act Attachment C: TREVOR BEATTIE, GHD LIMITED District Manager, Guelph District Office, MECP File No.: 21-287 Page 19 of 399 2073(2016/06) APPENDIX "F" - HOLDING PROVISIONS FOR SPECIFIC LANDS 43. Notwithstanding Section 17.1 of this By-law, within the lands zoned D-6 on Schedules 73, 74 and 84 of Appendix 'A', as affected by this section, the following uses shall not be permitted until such time as the City of Kitchener is in receipt of a letter of acknowledgment from the Ministry of the Environment advising that a Record of Site Condition has been completed in accordance with Guidelines for the Decommissioning and Clean-up of sites in Ontario: Conference or Convention Facility Convenience Retail Exhibition Facility Funeral Home Museum Personal Services Restaurant Sale or Rental of Furniture and Electric or Electronic Appliances or Electric or Electronic Equipment Social Service Establishment Studio (By-law 2001-64, S.8) (Downtown boundary expansion) City of Kitchener Zoning By-law 85-1 Office Consolidation: December 2003 Page 20 of 399 Staff Report Financial Services Department www.kitchener.ca REPORT TO: Planning and Strategic Initiatives Committee DATE OF MEETING: September 18, 2023 SUBMITTED BY: Saleh Saleh, Director, Revenue, 519-741-2200 ext. 7346 PREPARED BY: Marcy Ignor, Manager Utility Billing and Customer Service, 519-741-2200 ext. 7460 WARD(S) INVOLVED: ALL DATE OF REPORT: July 10, 2023 REPORT NO.: FIN -2023-293 SUBJECT: Uncollectable Miscellaneous Receivable Accounts Write -Off RECOMMENDATION: That uncollectable Miscellaneous Receivable Accounts amounting to $19,485 be written off against the Allowance for Doubtful Receivables. REPORT HIGHLIGHTS: • As per council policy, approval from Council is required for accounts to be written -off and sent to an outside collection agency for third party collection efforts. • Staff have worked diligently in attempting to collect on these accounts but have not been successful in the process. • This report recommends that accounts totalling $19,485 be written off and forwarded to an outside collection agency. BACKGROUND: As per council policy FIN -FEE -517 Utility and Miscellaneous Receivable policy, approval from Council is required for accounts to be written -off and sent to an outside collection agency for third party collection efforts. This report represents Miscellaneous Receivables accounts that are deemed to be uncollectable by collections staff. Miscellaneous Receivables represent services that are generally billed through the City's financial system (SAP). Examples of miscellaneous receivables include Direct Detect for alarm monitoring, Parking and Cemetery sales. Property tax and utility accounts are not included in miscellaneous receivables. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 21 of 399 REPORT: Staff are recommending that accounts totalling $19,485 be written off and forwarded to a collection agency. Staff have worked diligently in attempting to collect on these accounts but have not been successful in the process. The collection procedures staff have undertaken include: • Sending customers statements and demand letters. • Verbal request by telephone or in person. • Negotiating revised payment terms. • Applying any deposits held to the outstanding amounts. • Transferring uncollectable items to the customer's property tax account were permitted by the Municipal Act. The current amount being recommended to be written off relates to 28 customer accounts for services provided in the following areas: Cemeteries 7,329 Fire 977 Parking 10,911 Operations 268 Tota 1 19,485 The cumulative amount of write-offs identified in this report equal $19,485 and relate to the years 2022 and 2023. The cumulative write-offs are shown in the table below and the average is well below the targeted upper limit for write-offs set at 0.3% previously approved by Council. Page 22 of 399 Cumulative Write-offs for the Year Total $ Invoiced Year to Date Write-offs as a %of Sales 2023 $ 4,124 $ 21, 397, 606 0.0193% 2022 $ 28,152 $ 30, 280, 755 0.0930% 2021 $ 38,573 $ 27, 380, 864 0.1409% 2020 $ 55,769 $ 23, 088, 516 0.2415% 2019 $ 44,077 $ 26, 057, 740 0.1692% Total $ 170,695 $ 128,205,481 0.1331°/ Page 22 of 399 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: The uncollectable accounts will be written off against the Allowance for Doubtful Receivables account. 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: • FIN -FEE -517 Collections- Utility and Miscellaneous Receivable APPROVED BY: Jonathan Lautenbach, Chief Financial Officer, Financial Services Page 23 of 399 Staff Report J KtgR Financial Services Department www. kitchen er.ca REPORT TO: Planning and Strategic Initiatives Committee DATE OF MEETING: September 18, 2023 SUBMITTED BY: Saleh Saleh, Director, Revenue, 519-741-2200 ext. 7346 PREPARED BY: Marcy Ignor, Manager Utility billing and Customer Service, 519-741- 2200 ext. 7460 WARD(S) INVOLVED: ALL DATE OF REPORT: July 10, 2023 REPORT NO.: FIN -2023-294 SUBJECT: Uncollectable Utility Receivable Account Write -Off RECOMMENDATION: That uncollectable utility accounts amounting to $109,658 be written off against the allowance for doubtful utility receivables. REPORT HIGHLIGHTS: • As per council policy, approval from Council is required for accounts to be written -off and sent to an outside collection agency for third party collection efforts. • Staff have worked diligently in attempting to collect on these accounts but have not been successful in the process. • This report recommends that accounts totalling $109,658 be written off and forwarded to an outside collection agency. BACKGROUND: As per council policy FIN -FEE -517 Utility and Miscellaneous Receivable policy, approval from Council is required for accounts to be written -off and sent to an outside collection agency for third party collection efforts. Utilities receivable represent invoices generally billed through the City's SAP utility billing System. The majority of these invoices relate to usage for Gas and Water. The current report represents write-off of utility accounts which have been deemed to be uncollectable up to the end of June 30, 2023. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 24 of 399 REPORT: Staff are recommending that accounts totalling $109,658 be written off and forwarded to the collection agency. Staff have worked diligently in attempting to collect on these accounts but have not been successful either due to the customer declaring bankruptcy or having no forwarding address. Any tenant deposits previously received on the uncollectable accounts have been applied to reduce the debt outstanding. A total of 157 customer accounts are being recommended to be written off and transferred to a third -party collection agency. The collection procedures staff have undertaken include: • Sending customers statements and demand letters. • Verbal request by telephone or in person. • Negotiating revised payment terms. • Applying any deposits held to the outstanding amounts. • Transferring uncollectible items to the customer's property tax account where permitted by the Municipal Act. The cumulative amount of utility write-offs identified in this report equal $109,658 and relate to the years 2021, 2022 and 2023. The cumulative write-offs are shown in the table below and the average is well below the targeted upper limit for write-offs set at 0.3% previously approved by Council. A five-year summary of write-offs is included in the table below. Utility Accounts Write-off Cumulative Total $ Invoiced Write-offs as a Write-offs for the Year Year to Date %of Sales 2023 $ 58,597 $ 131,430,040 0.0446% 2022 $ 138,792 $ 233,620,592 0.0594% 2021 $ 169,710 $ 216,217,805 0.0785% 2020 $ 219,812 $ 213,604,976 0.1029% 2019 $ 216,675 $ 202,658,095 0.1069% Totall $ 803,586 $ 997, 531, 508 0.0806% STRATEGIC PLAN ALIGNMENT: Page 25 of 399 The recommendation of this report supports the achievement of the city's strategic vision through the delivery of core service. FINANCIAL IMPLICATIONS: The uncollectable accounts will be written off against the Allowance for Doubtful Utility Receivables account. 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: • FIN -FEE -517 Collections- Utility and Miscellaneous Receivable APPROVED BY: Jonathan Lautenbach, Chief Financial Officer, Financial Services Page 26 of 399 Staff Repod � ) Financial Services Department www.kitchener.ca REPORT TO: Planning and Strategic Initiatives Committee DATE OF MEETING: September 18, 2023 SUBMITTED BY: Saleh Saleh, Director of Revenue, 519-741-2200 ext. 7346 PREPARED BY: Feras Abdulhadi, Tax Specialist, 519-741-2200 ext. 7440 WARD(S) INVOLVED: All DATE OF REPORT: August 29, 2023 REPORT NO.: FIN -2023-354 SUBJECT: Applications for Cancellation, Refund, Reduction of Taxes RECOMMENDATION: That the applications to City Council for write-off, cancellation, reduction, or refund of taxes totalling $656,395.31 as attached to Financial Services Department report FIN -2023- 354, be approved, pursuant to Sections 354 and 357 of the Municipal Act, S.O. 2001, c. 25 ("the Act'). BACKGROUND: Sections 354 and 357 of the Act allow the local municipality to write-off, cancel, reduce, or refund all or part of taxes levied on land in the year in respect of which the application is made for certain specific reasons as laid out in these sections of the Act. REPORT: Seventy-seven requests for tax adjustments under Sections 354 and 357 of the Act were reviewed and processed. Additional statistics related to these applications are as follows: 53 applications were approved for adjustment resulting in a total tax reduction of $656,395.31. 15 applications were declined for adjustment for reasons such as an absence of a building permit or other documentation in support of the application. 9 applications were returned by the Municipal Property Assessment Corporation without any recommended changes to the assessment. The required notices to the affected parties were sent out in accordance with the relevant legislation. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 27 of 399 The following table shows a breakdown of the reduction in taxes in this report by the applicable reason. Relevant subsection of the Act Reason for Application Total Taxes Reduced 357(1)(a) Ceases to be liable for tax at rate it was taxed $71,323.66 357(1)(c) Became exempt $59,342.52 357(1)(d)(i) Razed by fire, demolition or otherwise $389,399.95 357(1)(f) Gross or manifest clerical/factual error 73,988.82 357(1)(g) Repairs/renovations preventing normal use $9,401.89 S.357 Tax only Adjustment $52,938.47 Total $656,395.31 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: The tax reductions are shared with the Regional Municipality of Waterloo and the School Boards. The net effect to the City of Kitchener is a reduction in current year revenue, including a reduction in City levies of $144,922.38 and a reduction in BIA levies of $9,868.15 dollars, both of which are accommodated within the 2023 Operating Budget. The City share forms part of the year's net supplementary taxes and write-offs, which carries a net revenue budget of $1.1 million annually. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the council meeting. The required notices to the affected parties were sent out in accordance with the relevant legislation under Section 357 of the Act. ACKNOWLEDGED BY: Jonathan Lautenbach, Chief Financial Officer. Page 28 of 399 Staff Report J IKgc.;i' r� R Development Services Department www.kitchener.ca REPORT TO: Planning and Strategic Initiatives Committee DATE OF MEETING: September 18, 2023 SUBMITTED BY: Cory Bluhm, Executive Director, Economic Development, 519-741 2200 ext. 7065 PREPARED BY: Eric Rumble, Coordinator, Arts and Creative Industries, 519-741- 2200 ext. 7424 WARD(S) INVOLVED: Ward 5 DATE OF REPORT: August 16, 2023 REPORT NO.: DSD -2023-368 SUBJECT: KPL Southwest Public Artwork Commission RECOMMENDATION: That the commission and installation of a new artwork, "Wintertime Stories" by Isaac Murdoch and Nyle Miigizi Johnston, at the Kitchener Public Library's new southwest community facility, be approved; and, That the Mayor and Clerk be authorized to implement an agreement, satisfactory to the City Solicitor, with the artists' representative, Highness Global Inc., outlining the obligations of the library public art commission. REPORT HIGHLIGHTS: • The purpose of this report is to explain the selection process and recommended proponent from the Kitchener Public Library Southwest Public Art Competition. • The key finding of this report is the jury selection of one proposal, which resulted from a successful open call for submissions and a gradual deliberation process. • The financial implication is $65,000 from the consolidated public art account. • Community engagement included a diverse jury composition as well as consultation with the Arts and Culture Advisor Committee and Public Art Working Group. • This report supports the delivery of core services through the 1 % for Public Art policy. BACKGROUND: City of Kitchener's public art program installs site-specific artworks at newly constructed facilities such as libraries, community centres, fire stations, parking garages and other public civic buildings and spaces. These artworks include permanent installations in a wide variety of styles and materials, selected with a preference for artistic merit and innovation, site responsiveness, public engagement and accessibility, durability and sustainability. Kitchener's forthcoming new library is eligible for a public artwork allotment through the City of Kitchener's percent for public art program, guided by Public Art Policy 1-816. *** 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 399 KPL southwest branch (KPLSW) will serve a growing demand for library space, resources and services in the new Rosenberg residential area, which could reach 25,000 residents and more than 10,000 new residential units by 2040. The concept designs developed by mcCallumSather architects propose a 14,000 -square -foot, single -story, Net -Zero building with natural light connecting open gathering areas and flexible program spaces. Library staff envision a welcoming, inspiring facility that will offer resources, programs and spaces for artistic expression through music, writing, culinary arts or digital design. Southwest Kitchener residents want a place to borrow books and study, but also to access technology, digital tools, cultural programming and early learning and literacy. They also want a naturally lit space that promotes inclusion and incorporates sustainable principles. The open call for proposals aimed to prioritize submissions from underrepresented artists. Proposals by artists of Indigenous background were prioritized out of respect for the 1784 Haldimand Tract treaty and the archeological discovery of a Late Woodland Iroquoian longhouse community that precedes European settlements near the new library site. Immigrant applicants were prioritized because census data indicates about one-third of southwest Kitchener residents as people whose first language is not English or French. Other equity -deserving groups were also able to self -identify, including racialized people, women, LGBTQ2S+, people living with disabilities, senior citizens or unhoused people. REPORT: The KPLSW public art competition was open to artists or artist teams with experience in creating site -responsive public art projects. A commission of $65,000 was available, which promotional content indicated must be used to cover the artist's or team's design and production fees; insurance and legal costs; materials, fabrication and subcontractors' costs; studio, storage and installation expenses, including transportation of artwork to the site; any required official documentation; and the artist's or team's travel expenses. Staff assembled a jury to recommend one proposal from those submitted to the selection process. Jurors were considered carefully to include the following members: • Shari G. Smith (professional artist) • August Swinson (professional artist) • Suzanne Luke (professional curator) • Sumaira Tazeen (professional artist & Public Art Working Group representative) • Arnav Vashishth (Kitchener citizen & future KPLSW branch user) • Ralph Bieber (Kitchener citizen & future KPLSW branch user) • Mary Chevreau (CEO of Kitchener Public Library) • Willems Ransom (Principal, architect at mcCallumSather) • Ayo Owodunni (Ward 5 councillor for City of Kitchener) Competition A two-stage public art competition for KPLSW was announced in October 2022. An open call for expressions of interest was posted and promoted on the City's website for 100 days. After 43 submissions were received by January 20, 2023, staff identified eligible proposals and eliminated those that overlooked critical requirements or constraints of the open call. Page 30 of 399 In February 2023, jury members reviewed and rated 29 submissions of interest. About a dozen of the highest-rated proposals were discussed at a jury meeting, with three proposals selected for stage two. Short-listed artists or teams prepared and presented more detailed concepts to the jury in May 2023, with their deliberation afterwards narrowing the options down to two proposed ideas. The jury reconvened in June 2023 to make a final selection. Jury statement Wintertime Stories is a compelling concept for the main programming area of a new library, particularly for younger users but also the broader community that will rely on the facility. This accessible and engaging theme proposed by the artist team of Isaac Murdoch and Nyle Miigizi Johnston carries a deep connection to Anishinabek tradition, as well as to the experiences of living in a northern climate, cultivating relationships and sharing culture. The proposed artwork features stylized, recognizable shapes and forms of woodland animals and other symbols that will appeal to audiences of many ages, identities, ethnicities and levels of familiarity or comfort with contemporary art or Indigenous heritage. The artists' design has a warmth and playfulness that lends itself to both interpretive content and programming options. Given the proximity of the new library site to the archeological discovery of a longhouse village that pre -dates settler contact, the artwork will also serve to recognize the longstanding relationship between First Nations people and the land where the library will be. This aligns with other local reconciliation efforts and will help to acclimatize newcomers to Kitchener and other library users. Choosing Wintertime Stories begins to address the absence of Indigenous representation in the City of Kitchener's public art collection and adheres to the equity -deserving priority indicated in the project's open call for proposals. /_'rl'"I►A #11'7 As the artists Isaac Murdoch and Nyle Miigizi Johnston explain, "the stories of the woodland animals are rich with lessons and teachings on our connection to all of nature and our roles as stewards and protectors of the lands. In addition to being visually striking, the artwork will be embedded with important messages about history, culture and eco -consciousness." Its pictography will be formed by CNC machine -cut shapes in stained Baltic birch plywood and laser -cut acrylic made from recycled plastics that are UV -printed with custom colours. Materials were chosen to align with building design features. The artwork will be installed directly onto the surface of 53' -long, 8' -tall bulkhead above the main programming area. Please see the appendix for more detailed description and visuals of the proposed artwork. Installation Construction of the new library is anticipated to begin in 2024. The artwork will be produced and stored to avoid cost inflation and installed in coordination with facility construction timelines. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. Page 31 of 399 FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Funding for this public art project has already been allocated to the consolidated public art budget in accordance with Public Art Policy 1-816. The construction costs of the new library facility resulted in a $68,000 allotment, $65,000 of which was offered as commission in the open call for expressions of interest. Of the remaining $3,000, three proponents were each paid $850 to produce a phase two proposal and presentation, and the balance will be used to produce interpretive signage for the installed artwork. Any ongoing maintenance costs will be funded through the City's Public Art maintenance account. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the council / committee meeting. CONSULT — Staff produced an open call for expressions of interest draft and hired two reviewers to provide professional input pertaining to inclusion and equity. The open call was published on the City website and promoted on its social media and by paid advertising. The jury included both visual arts professionals and local citizens who will use the new library. This project has been discussed numerous times at PAWG and ACAC meetings. On July 10, 2023, PAWG expressed support for the recommendations in this report, and on July 18 and August 15, 2023, ACAC expressed its support for the recommendations as well. PREVIOUS REPORTS/AUTHORITIES: • GOV-COR-816 Public Art Policy APPROVED BY: Justin Readman, General Manager, Development Services ATTACHMENTS: Attachment A — Wintertime Stories stage two proposals document Page 32 of 399 � 3 C ° Q Ln V NC C C G O O O O s U � In cz L a) N to -0 S ° � � c O S S i O i O cd O V) tab 'by N E Y Q W ° b.P rt rz cn C •� O un s a2 s 0 L O Ln N 3 N i NLA iLn C S OV � O V }q — S N LA cn U LA L.� L 3 ro � 3 6� LLJ � � � � � �I c) s_ 0 \ � / N / .� _ \ m u / cu \ CZ o c cu / 2 m s_ \ '� u �.7�ea- _ y ° / 2 / m � c u \ CU g'§ ± g OJO \ E� s o /._ R 0.0 cu g \ E o j § 0.0 c t §._ o § 2 tQ % tz to u } . ® to C CL 0.0 c � q = \ � .3 E 6 $ �C: LQ / f ` \ � M \ 2 u t 4 = C) a� O C) L V E O bIJ � � C V c� s U � U � � U L � V L o Li U •L Y.L �I O Om n 4- cu cuLn s cSi E s � Uun Z U U w U i Q u O LL W •L W Q _ /r� ? •� QJ •U U � U OO Ln U bfJ O > i •L � O N L � O �^l cn 3 •� � .Q s i U J W Z Q a. 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DL k Staff Report Development Services Department www.kitchener.ca REPORT TO: Planning and Strategic Initiatives Committee DATE OF MEETING: September 18, 2023 SUBMITTED BY: Barry Cronkite, Director, Transportation Services, 519-741-2200 ext. 7738 Jeffery Silcox -Childs, Director, Parks and Cemeteries, 519-741-2200 ext. 4518 PREPARED BY: Darren Kropf, Manager, Active Transportation and Development, 519-741-2200 ext. 7314 Ashley Visneski, Manager, Parks and Open Space, Design and Development, 519-741-2200 ext. 4045 WARD(S) INVOLVED: All DATE OF REPORT: September 8, 2023 REPORT NO.: DSD -2023-007 SUBJECT: Active Transportation Progress Report 2023 RECOMMENDATION: That Development Services Department report, DSD -2023-007 be received as the first progress report for the Cycling and Trails Master Plan. REPORT HIGHLIGHTS: • The purpose of this report is to provide an update on progress made on Kitchener's award-winning Cycling and Trails Master Plan, as well as other active transportation and trail initiatives. • The key finding of this report is that more people are walking, rolling and cycling thanks to Kitchener's strong progress on implementing the Cycling and Trails Master Plan. • This report is for information purposes and does not have any financial implications. • Community engagement included consultation with the Active Transportation and Trails Advisory Committee. • This report supports People -friendly Transportation by improving connectivity and year- round maintenance to multi -use trails and pathways as prioritized through the Cycling and Trails Master Plan; and by building a continuous and protected cycling network. BACKGROUND: Kitchener's Cycling and Trails Master Plan (CTMP) was approved in 2020 and has since won awards for its community-based approach to active transportation and trail planning. The CTMP includes 35 strategic actions in three areas of focus: Connections, Experience and Culture. Action 3E-2 calls for staff to communicate on progress made and provide data on usership of the active transportation and trail network on a biannual basis. The last progress report provided to City Council was in 2016. This progress report will provide *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 58 of 399 information from 2017-2022, and is found in Attachment A: Active Transportation Progress Report 2023. There are many additional strategic initiatives that support a vision for Kitchener where residents can safely and enjoyably walk, roll and cycle to get around and for healthy, active lifestyles. These include the Sidewalk Infill Policy, Complete Streets, Vision Zero, Leisure Facilities Master Plan, Places and Spaces and the Official Plan. REPORT: Walking, rolling and cycling — the main forms of active transportation - bring many benefits. Everyone in the city can benefit when we collectively work to reduce automobile dependence and greenhouse gas emissions, provide more recreation and leisure options, increase social connections and physical activity, improve public health outcomes, and reduce infrastructure demands. A recent province -wide poll' shows that there is a high prevalence of cycling amongst Ontarians. The majority of Ontarians want to cycle more often, and increased investment by governments in cycling infrastructure is something that a majority of Ontarians support. The poll finds: • 68% of Ontarians (9.8 million people) ride their bike at least monthly. 0 65% expressed their desire to cycle more if there were improved cycling infrastructure. • 72% believe investing in proper cycling infrastructure makes it safer for all road users. 0 65% say "investing in cycling is good for my municipality". • 58% agree that investing in cycling is good for their city's business and tourism. 0 Ontarians are both cyclists and drivers: 87% of Ontario's 3.2 million frequent cyclists say they also drive frequently, while 85% of Ontario's 9.8 million occasional cyclists say this is the case. Cycling and Trails Master Plan progress The Cycling and Trails Master Plan focuses on creating a city-wide network of cycling routes and trails that is comfortable for people of All Ages and Abilities (AAA). The CTMP's vision is that "trails and cycling will connect Kitchener and create a sustainable, safe, equitable, and healthy community for everyone year-round." In the past five years, the largest increase in mobility infrastructure has been the active transportation and trails network. A map of new infrastructure is found in Attachment B — New Active Transportation Facilities Map 2017-2022. i "Ontario Bike Summit Opens in Hamilton With Release of New Province -Wide Polling Data on Cycling in Ontario", Share the Road Cycling Coalition, May 1, 2023: https://www.sharetheroad.ca/news-media-p157824. Page 59 of 399 Motor vehicle network 2239 lane km 2293 lane km + 54 lane km (total lanes) *Off-road and boulevard multi -use trails are also available for pedestrian use. Kitchener continues to benefit from many initiatives led by the Region of Waterloo, which are reflected in the numbers above and the map in Attachment B. Kitchener staff appreciate the vision and collaborative spirit of Region of Waterloo staff as we work together on a shared vision to see more walking, rolling and cycling in Kitchener. At the end of 2022, 20% of the new or upgraded infrastructure identified in the CTMP has been completed. Construction of off-road trails is ahead of schedule, which at the current pace of funding and implementation will complete the short-term priorities within the ten- year capital forecast. The implementation of on -street cycling routes is slightly behind schedule, with the ten-year forecast to be completed in fourteen years at the current pace of funding. The delay in on -road is attributed to inflation and complexity working in the downtown. In addition to expanding the active transportation network, progress has been made on 24 of the 35 actions identified in the CTMP. Highlights include: • launching e -scooters and e -bikes with partner Neuron Mobility, • upgrading walkways in a variety of neighbourhoods, • an update to the City's Development Manual to integrate active transportation in new subdivisions, • supporting the Region of Waterloo's work for a pedestrian overpass of Highway 7/8 at Strasburg Road, • delivery of education campaigns for safe cycling, with more campaigns in development through Vision Zero education programs, • boulevard multi -use trails have been added to the sidewalk inspection program for annual asset management inspections, and; • wayfinding for people walking, rolling and cycling was implemented on the Iron Horse Trail and the Downtown Cycling Grid, with the next phases of expansion to include the Trans Canada Trail and Henry Sturm trail. There will be further opportunities to accelerate the implementation of the CTMP during the 2023-2026 Strategic Plan, through the main action items identified of city-wide active transportation routes (both on -road and off-road trails) and developing a localized safety improvement program. Kitchener city staff regularly engages with other jurisdictions to share best practices, with many of those conversations being hosted here in Kitchener. Other cities have taken note of Kitchener's leadership in active transportation and trails and want to learn from our example. Over a dozen professional groups have visited to tour our infrastructure, including the Institute for Transportation Engineers Southwestern Ontario chapter, a delegation from South Korea and several nearby Ontario cities. Active transportation highlights (in street right of ways) Page 60 of 399 The active transportation network is expanding through a combination of stand-alone projects for sidewalk infill, pedestrian crossings and cycling infrastructure, as well as street reconstructions required to replace aging underground infrastructure. In the past five years, Kitchener has installed 28 new pedestrian crossings at mid -block, trail and roundabout locations. See Attachment B for locations. The Downtown Cycling Grid was the top priority identified by the community in the CTMP, and it is now 75% complete, with the recent addition of a boulevard multi -use trail on Margaret Avenue and Otto Street. The final phase on Duke Street is on track for construction in 2024. With the recent addition of new bidirectional, protected bike lanes on Cedar Street, Joseph Street, Ontario Street, Water Street, and Queen Street, city staff has retained a consultant to conduct an independent safety review of cycling facilities and adjacent street operations. The review will evaluate current conditions and provide a summary of how the design compares to current Active Transportation best practices, what is working effectively and key issues to consider. The review is expected to be completed in early 2024. In partnership with Parks staff, the Joint Spot Improvement Program was launched in 2023 to make targeted safety improvements for all street users including pedestrian and cycling infrastructure. This work is guided by the spot fixes identified by the community in the Cycling and Trails Master Plan and Vision Zero. Trail highlights (off-road) Since the adoption of the Cycling and Trails Master Plan in 2020, approximately 8 km of trails have been constructed or upgraded. Focuses have been on upgrading stone dust trails to asphalt and making needed connections. Some of the major trails that have been upgraded are the Henry Sturm trail, Wilson Park trail, Traynor Trail, Shoemaker Greenway trail, and the Transit Hub trail (led by Region of Waterloo on City -owned land). In 2023, a trails spot improvement project was initiated to address notable deficiencies in already paved trails, with some of these improvements being done as a result of the additional funding ($600,000) Council approved for trail upgrades through the 2023 budget. Partnerships with Engineering, Transportation and Storm and Sanitary Utilities on projects has allowed for several trail projects to be delivered ahead of the master plan's implementation schedule. How people are using the active transportation and trails network City staff collect data to track usership over time. In most cases, when we add cycling infrastructure, we see an increase in the number of people cycling. That increase depends on the comfort level for people biking. • On average, the number of people cycling on a street increases by 30% after painted bike lanes are installed. • On Queen's Boulevard and Belmont Avenue, protected bike lanes using low-cost measures like flex stakes and bumper blocks brought a year-round increase of 64% for people biking. Page 61 of 399 • The Downtown Cycling Grid has seen a 164% increase in ridership as people of all ages and abilities are attracted to fully protected bike lanes. When Neuron e -scooters and a -bikes are added to the cycling numbers, the Downtown Cycling Grid has seen a 218% increase of trips. • Through the first seven months in 2023, there has been a total of 54,781 cycling trips on the portions of the Downtown Cycling Grid currently completed. • City-wide, there have been 23,821 Neuron e -scooter and a -bike trips since its launch in April. • The Iron Horse Trail continues to grow in use, with an average of 2,894 daily users in June 2023, compared to 819 in June 2016, an increase of 270%. On the busiest day in June 2023, there were 4,923 people walking, rolling and cycling at the three counter locations. Further data is presented in simple -to -understand graphs in Attachment A. STRATEGIC PLAN ALIGNMENT: This report supports People -friendly Transportation by improving connectivity and year- round maintenance to multi -use trails and pathways as prioritized through the Cycling and Trails Master Plan and by building a continuous and protected cycling network. FINANCIAL IMPLICATIONS: This report is for information purposes only. Capital and operating impacts are discussed during annual budget cycles. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the council / committee meeting. It has also been shared with Bike Kitchener newsletter subscribers and will be posted on the city's cycling webpage. CONSULT — The Active Transportation and Trails Advisory Committee reviewed the findings of the report on September 12, 2023 and will share their feedback as a delegation. PREVIOUS REPORTS/AUTHORITIES: • 2019-2022 Strategic Plan • INS -20-015 —2020 Cycling and Trails Master Plan APPROVED BY: Justin Readman, General Manager, Development Services Denise McGoldrick, General Manager, Infrastructure Services ATTACHMENTS: Attachment A — Active Transportation Progress Report 2023 Attachment B — New Active Transportation Facilities Map 2017-2022 Page 62 of 399 gmim Dq M �moN M i Y 0 ■■ i lal�Le-]IC a 1 I 1 I 1 1 1 1 1 1 1 1 1 1 1 1 I 1 I 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I 1 I 1 1 1 I I I 1 1 1 1 1 1 I 1 1 1 1 1 1 1 I 1 1 1 1 I 1 1 1 1 1 1 1 1 1 1 1 1 1 I I I 1 1 1 1 I 1 I 1 1 1 1 1 I 1 I 1 1 1 1 I 1 1 1 1 1 1 1 I 1 I 1 1 1 I I I 1 1 1 1 1 1 1 1 1 1 1 1 I 1 I 1 1 1 1 I I 1 1 1 1 I i Y 0 ■■ i lal�Le-]IC a 4- _O N c6 O bA — > O ,- O 4� N 4-j O O E -� dA C '4 >, o'u O i u Ln O N Q� 1 L L � E o Q N +� cau Q E C >0 O to Q .s 4-1 u O O bA 0- 4-j Q) ) C O a O > ^> U O N N Q O m � N i O 4- } � Q_ C: 3 a 4-j � bD 4--j Q) �--� :L!4 -Q co Q E ca O Y � E O +, �2°4So=�j iii° ftm aaaaa� mU �a aa� aaaa„� ���a aaaaa� aaaaaa�� a aau°0 �uaau iui V) u m O O Y N O N Q - 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Y o Qt + t Y u 0 u o o >-0 Staff Report J IKgc.;i' r� R Development Services Department www.kitchener.ca REPORT TO: Planning and Strategic Initiatives Committee DATE OF MEETING: September 18, 2023 SUBMITTED BY: Garett Stevenson, Interim Director of Planning, 519-741-2200 ext. 7860 PREPARED BY: Tim Seyler, Senior Planner, 519-741-2200 ext. 7860 WARD(S) INVOLVED: Ward 10 DATE OF REPORT: REPORT NO.: August 21, 2023 DSD -2023-382 SUBJECT: 229 Wellington Street North Zoning By-law Amendment Application ZBA23/019/W/TS Peter Markin RECOMMENDATION: That Zoning By-law Amendment Application ZBA23/019/W/TS requesting to amend Zoning By-law 2019-051, for Peter Markin, be approved in the form shown in the Proposed `Proposed By-law' and `Map No. 1' attached to Report DSD -2023-382 as Attachments 'Al' and `A2'; 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 229 Wellington Street North. • 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 residents and 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 18, 2023 o Notice advising of the statutory public meeting was circulated to all residents and property owners within 240 metres of the subject site, and those who responded to the preliminary circulation, and o Notice of the public meeting was published in The Record on August 25, 2023. • This report supports the delivery of core services. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 100 of 399 EXECUTIVE SUMMARY: The owner of the subject lands addressed as 229 Wellington Street North is proposing to change the zoning from `RES -4' in Zoning By-law 2019-051 to `RES -5' with Site Specific Provision 373 to further regulate yard setbacks, building height and parking. Staff are recommending that the application be approved. BACKGROUND: The City of Kitchener has received an application for a Zoning By-law Amendment from Peter Markin for a development concept that proposes a three-storey multiple dwelling building with thirteen (13) residential units. An existing duplex on the property will also remain for a total of fifteen (15) residential units. The subject property is identified as `Major Transit Station Area' 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 229 Wellington Street North. The subject lands are on the south side of Wellington Street North between Margaret Avenue and Ahrens Street. The lot area of the subject site is approximately 0.09 hectares and the lot frontage is 18.1 metres. The lot currently contains a duplex dwelling, which is currently occupied. The surrounding neighbourhood contains a mix of low rise residential, and employment uses. c SUBJECT" AREA 16, ryxk Figure 1 - Location Map: 229 Wellington Street North Page 101 of 399 Figure 2 — Existing Duplex Dwelling at 229 Wellington Street North REPORT: The applicant is proposing to keep the existing building on site and develop the subject property with an additional 3 -storey, 13 -unit multiple dwelling building. Seven (7) surface parking spaces, including one (1) visitor parking space and one (1) barrier free parking space are proposed. a a Figure 3- Development Concept Page 102 of 399 Planning Act, R.S.O. 1990, c. P.13 25. Section 2 of the Planning Act establishes matters of provincial interest and states that the Minister, the council of a municipality, a local board, a planning board and the Tribunal, in carrying out their responsibilities under this Act, shall have regard to, among other matters, matters of provincial interest such as, f) The adequate provision and efficient use of communication, transportation, sewage and water services and waste management systems; g) The minimization of waste; h) The orderly development of safe and healthy communities; j) The adequate provision of a full range of housing, including affordable housing; k) The adequate provision of employment opportunities; p) The appropriate location of growth and development; q) The promotion of development that is designed to be sustainable, to support public transit and to be oriented to pedestrians; r) The promotion of built form that, (i) Is well-designed, (ii) Encourages a sense of place, and (iii) Provides for public spaces that are of high quality, safe, accessible, attractive and vibrant; s) The mitigation of greenhouse gas emissions and adaptation to a changing climate. These matters of provincial interest are addressed and are implemented through the Provincial Policy Statement, 2020, as it directs how and where development is to occur. The City's Official Plan is the most important vehicle for the implementation of the Provincial Policy Statement, 2020 and to ensure Provincial policy is adhered to. Provincial Policy Statement, 2020: The Provincial Policy Statement (PPS) provides policy direction on matters of provincial interest related to land use planning and development. Section 1.4.3(b) of the PPS promotes all types of residential intensification, and sets out a policy framework for sustainable, healthy, liveable and safe communities. The PPS promotes efficient development and land use patterns, as well as accommodating an appropriate mix of affordable and market-based residential dwelling types with other land uses, while supporting the environment, public health and safety. Provincial policies promote the integration of land use planning, growth management, transit -supportive development, intensification, and infrastructure planning to achieve cost-effective development patterns, optimization of transit investments, and standards to minimize land consumption and servicing costs. To support provincial policies relating to the optimization of infrastructure, transit and active transportation, the proposed 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 Page 103 of 399 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 community areas, in order to provide a focus for investments in transit and other types of infrastructure. Policy 2.2.6.1(a) states that municipalities will support housing choice through the achievement of the minimum intensification and density targets in this plan by identifying a diverse range and mix of housing options and densities, including additional residential units and affordable housing to meet projected needs of current and future residents. Policies 2.2.1.4 states that complete communities will: a) feature a diverse mix of land uses, including residential and employment uses, and convenient access to local stores, services, and public service facilities; b) improve social equity and overall quality of life, including human health, for people of all ages, abilities, and incomes; c) provide a diverse range and mix of housing options, including additional residential units and affordable housing, to accommodate people at all stages of life, and to accommodate the needs of all household sizes and incomes; d) expand convenient access to: i. a range of transportation options, including options for the safe, comfortable and convenient use of active transportation; ii. public service facilities, co -located and integrated in community hubs; iii. an appropriate supply of safe, publicly -accessible open spaces, parks, trails, and other recreational facilities; and iv. healthy, local, and affordable food options, including through urban agriculture; e) provide for a more compact built form and a vibrant public realm, including public open spaces; f) mitigate and adapt to the impacts of a changing climate, improve resilience and reduce greenhouse gas emissions, and contribute to environmental sustainability; and g) integrate green infrastructure and appropriate low impact development. 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. Page 104 of 399 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 Official Plan establishes an Urban Structure for the City of Kitchener and provides policies for directing growth and development within this structure. Intensification Areas are targeted throughout the Built-up Area as key locations to accommodate and receive the majority of development or redevelopment for a variety of land uses. Primary Intensification Areas include the Urban Growth Centre, Major Transit Station Areas, Nodes and Corridors, in this hierarchy, according to Section 3.C.2.3 of the Official Plan. The subject lands are located within a Major Transit Station Area (MTSA) in the City's Official Plan. Section 3.C.2.16 states that MTSA's are designated in the Regional Official Plan, and are a conceptual representation of the area of a ten minute walking radius centered around the location of Rapid Transit Station Stops. The planned function of the MTSAs is to provide densities that will support transit, and achieve a mix of residential, office, institutional and commercial uses. They are also intended to have streetscapes and a built form that is pedestrian -friendly and transit -oriented. Policies also require that development applications in MTSAs give consideration to the Transit -Oriented Development (TOD) policies contained in Section 13.C.3.12 of the Official Plan. Generally, the TOD policies support a compact urban form, that supports walking, cycling and the use of transit, by providing a mix of land uses in close proximity to transit stops, to support higher frequency transit service and optimize transit rider convenience. These policies also support developments which foster walkability by creating safe and comfortable pedestrian environments and a high-quality public realm. Staff is of the opinion that the proposed development will help to increase density in an area well served by nearby rapid transit and transit while being context sensitive to surrounding lands and provides excellent access to off-road pedestrian and cycling facilities. While the subject lands are identified conceptually as an MTSA in the City of Kitchener 2014 Official Plan, a more recent update to the Regional Official Plan (ROP) has been approved which further refines MTSA boundaries. The subject lands are not within a MTSA in the ROP. As such, the City will undertake a planning exercise to refine the MTSA Page 105 of 399 in the City's OP to implementation the MTSA boundaries as shown in the ROP. Given the more recent planning direction for these lands in the ROP, it is appropriate to consider the subject lands in accordance with the Community Area policies in the City's Official Plan. The planned function of a Community Area is to provide residential uses as well as non- residential supporting uses intended to serve the immediate residential areas. Community Areas may have limited intensification with development being sensitive and compatible with the character, form, and planned function of the surrounding context. Staff is of the opinion that the proposed Zoning By-law Amendment will support a development that not only complies with the City's policies for a Major Transit Station Area and Community Area but also contributes to the vision for a sustainable and more sustainable city and in an appropriate residential infill proposal. 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. Site specific increase to allow up to a maximum Floor Space Ratio (FSR) of 0.75 may be permitted without an amendment to the Official Plan, provided the development meets the general intent of Official Plan policies and is compatible (Section 15.D.3.11). Further, relief from the maximum building height of 3 storeys or 11 metres may be considered, provided the increased building height is compatible with the built form and physical character of the neighbourhood. (Section 15. D.3.12). Planning staff is of the opinion that the requested Zoning By-law Amendment will facilitate a low rise housing form that conforms with the Low Rise Residential land use designation in the City's Official Plan. The proposal provides an additional low density housing type within the neighbourhood. 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 4, 6, 8, 34, and iXpress Routes 204. It is also within a 10-15 min walk to the Central Station ION stop. 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. Page 106 of 399 At future site plan approval processes, the design of the addition will have to be compatible with the existing duplex and surrounding neighbourhood. Outdoor amenity space will also be provided for the residents, and locations of bicycle spaces will be confirmed. 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 requires high quality urban design in the review of all development applications through the implementation of the policies of the Official Plan and the City's Urban Design Manual. The proposed development concept includes a 3 storey building that orients massing at the rear of the property, with the existing street fronting duplex remaining at the front of the property. Pedestrian connectivity throughout the site is provided through pedestrian walkways from the rear unit entrances alongside the building leading to the sidewalk on Wellington Street North and the rear laneway. On-site amenity area is achieved through at grade passive amenity space at the side 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. Page 107 of 399 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 application is consistent with policies of the Provincial Policy Statement, conforms to the Growth Plan for the Greater Golden Horseshoe, the Regional Official Plan and the City of Kitchener Official Plan, and represents good planning. Proposed Zoning By-law Amendment: The subject lands are currently zoned `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 (373) in Zoning By-law 2019-051. The requested change in zoning category is to permit the proposed use of a "Multiple Dwelling" (greater than 4 units). Site -Specific Provision (373) a) The minimum lot width shall be 18.1 metres. b) The maximum floor space ratio shall be 0.75. c) The minimum interior side yard setback shall be 2.5 metres. d) The maximum building height shall be 12 metres. e) A minimum parking rate of 0.4 spaces per dwelling unit. f) A minimum visitor parking rate of 0.06 spaces per dwelling unit. g) Where one barrier -free accessible parking spaces is required, it shall be a Type B barrier free accessible parking space Lot Width: The lot width requirement is intended to ensure the lot is of an adequate size to accommodate a multiple residential building. The additional units will be added to the existing residential lot which already contains a duplex dwelling. The proposal for an 18.1 metre lot width rather than the required 19 metres is a slight reduction that what is permitted and will have little impact on the overall neighbourhood or property. Yard setback: The interior side yard requirement is intended to provide site functionality and adequate building separation. The slight reduction for a side yard setback of 2.5 metres rather than the required 3 metres will still maintain an adequate building separation for the building type and maintains access on both sides of the building on site. Floor Space Ratio and Building height: The Floor Space Ratio (FSR) and building height requirements are to ensure compatibility with the surrounding neighbourhood and to ensure development does not exceed the density presented in the concept plans. Increases in height may also be considered for buildings and structures with compatible increased floor to ceiling heights and architectural features. The applicant has submitted a concept plan that has been initially reviewed by Page 108 of 399 Staff. Planning staff have no concerns with the increase in floor space ratio or building height, and the proposed development is compatible with the surrounding neighbourhood. Parking reduction and barrier free requirements: The purpose of this regulation is to provide for a parking rate which is appropriate for the development. The proposal for 7 spaces rather than the required 15 spaces is to encourage other forms of transportation such as walking and cycling. The property is located within a Community Area closely adjacent to a Major Transit Station Area and is well served by public transit. Furthermore, the parking is located at the rear of the property adjacent to the existing public laneway and does not interfere with the regular traffic flow on Wellington Street as there are no changes to the existing driveway at the front of the property. Due to the limited space at the rear of the property for parking spaces, the applicant has requested to provide a Type B barrier -free accessible parking space, rather than the required Type A barrier -free accessible space. The proposed units are not required to be barrier -free accessible, and all units have a stairway entrance. A Type B space is still required and would still be provided should any future tenant require an accessible space. The reduced width requirement of a Type B space allows for additional space for a walkway aisle adjacent to the parking to access the laneway. 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 (373) represents good planning as it will facilitate the redevelopment of the lands with a 13 -unit multiple dwelling for a total of 15 units on the property, which is compatible with the existing neighbourhood, and will have little impact at the street level along Wellington Street, 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 `A1' 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: Arcadis Professional Services (Canada) Inc., May 2023 Architectural Drawings Prepared by: Markin Properties, February 1, 2023 Parking Justification Brief Prepared by: Peter Markin, March 25, 2023 Peer reviewed by: Salvini Consulting, May 24, 2023 Page 109 of 399 Functional Servicing Report & Water Distribution Report Prepared by: Design + Inc., April 13, 2023 Sustainability Statement Prepared by: Peter Markin, March 25, 2023 WHAT WE HEARD One (1) person provided comments A City -led Neighbourhood Meetings held on July 18, 2023 and ten (10) different users logged on 415 households (residents and property owners) were circulated and notified Staff received written response from 1 resident with respect to the proposed development. This is included in Attachment 'D'. The resident was in favour of the proposal and was supportive of the project within the neighbourhood. A Neighbourhood Meeting was held on July 18, 2023. 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: This recommendation of this report supports the achievement of the City's strategic vision through the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Council / Committee meeting. A large notice sign was posted on the property and information regarding the application was posted to the City's website in early June. Page 110 of 399 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 August 25, 2023 (a copy of the Notice may be found in Attachment `B'). 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 1 member of the public, which were summarized as part of this staff report. Planning staff also responded to emails from the resident. 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 Page 111 of 399 DSD -2023-382 Attachment "A" 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 — Peter Markin — 229 Wellington Street North) 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 83 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 (373). 2. Section 19 of By-law 2019-051 is hereby amended by adding Section 19 (373) thereto as follows: "373. Notwithstanding Section 5.6 Table 5-5, Section 5.9 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 83 of Appendix `A', the following special regulations shall apply: a) The minimum lot width shall be 18.1 metres; b) The maximum floor space ratio shall be 0.75; C) The minimum interior side yard setback shall be 2.5 metres; d) The maximum building height shall be 12 metres; e) A minimum parking rate of 0.4 spaces per dwelling unit; f) A minimum visitor parking rate of 0.06 spaces per dwelling unit; g) Where one barrier -free accessible parking spaces is required, it shall be a Type B barrier -free accessible parking space." PASSED at the Council Chambers in the City of Kitchener this day of , 2023. 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Planning & Strategic Initiatives Committee Date: September 18, 2023 Location: Council Chambers, Kitchener City Hall ed t �� c e d II...r)"I'' Wo-d�tI"i it i d e S 1 a . .,�:�� II iiiuIIdiiii i� g I leigIit 200, King Street West orV'irtual Zoom Fleeting 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: Tim Seyler, Senior Planner ti m.seyler@ kitchener.ca 519.741.2200 x7860 The City of Kitchener will consider an application to amend Zoning By-law 2019-051 for the property located at 229 Wellington St. N. This is to facilitate the development of a multiple dwelling in the form of stacked townhouses containing 13 residential units. The existing duplex will also remain. Site specific regulations are proposed for an increased Floor Space Ratio (FSR) of 0.75, a reduced lot width, aduced and ffease in building height to 12 metres, and a parking reduction. gage%` of -J Tim Seyler, MCIP, RPP Senior Planner City of Kitchener 200 King Street West, 6th Floor P.O. Box 1118, Kitchener, ON N2G 4G7 Dear Mr. Seyler, PLANNING, DEVELOPMENT AND LEGISLATIVE SEPVICES 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: 014/2/23019 July 20, 2023 Re: Proposed Zoning By-law Amendment ZBA 23/19 229 Wellington Road North Arcadis Professional Services (Canada) Inc. (C/O Dave Galbraith) on behalf of Peter Markin CITY OF KITCHENER Arcadis Professional Services (Canada) Inc. has submitted a Zoning By-law Amendment for a development proposal at 229 Wellington Street North (subject lands) in the City of Kitchener. The applicant is proposing to construct a 13 -unit multiple dwelling in the form of stacked townhouses while keeping the existing duplex for a total of 15 units on the property. 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 with site-specific regulations to permit a minimum lot width of 18.1 m (whereas 19m is required); permit a minimum interior side yard of 2.5m (whereas 11 m is required); permit a building height of 12m (whereas the maximum is 11 m); permit a maximum FSR of 0.75 (whereas the maximum FSR is 0.60); permit a parking rate of 0.46 spaces per dwelling unit of 0.46 (whereas 1.15 spaces per dwelling unit is required); and, to permit a Type B accessible parking space (whereas a Type A space is required). Document Number: 4436680 Version: 1 Page 116 of 399 The Region has had the opportunity to review the proposal and offers the following: Regional Comments Consistency with Provincial Legislation and Regional Official Plan Conformity The subject lands are designated "Urban Area" and "Built -Up Area" on 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 a planned cycling route within proximity to transit stops, the Region's Rapid Transit system and future multi -modal transit hub. The Region is supportive of increased residential density on planned cycling routes within proximity to transit 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 subject lands are located adjacent to Wellington Street North (a medium -traffic road) and within 300 meters of the CN Railway mainline and Region of Waterloo Railway line. To address the impacts of noise on the proposed development, Regional staff require the following mitigation measures and warning clauses to be implemented within the buildings and secured through a registered agreement with the City of Kitchener as a condition of a future consent or condominium application and that the noise -warning clauses are to be included in all offers of purchase and sale and lease/rental agreements and the Condominium Declaration (should a condominium be proposed): 1) The proposed dwelling units on the lot shall be installed air -ducted heating and ventilation system suitably sized and designed to allow the provision of central air conditioning; 2) The following noise warning clauses shall be required to be included on all offers of Purchase and Sale, Lease/Rental Agreements for the building/unit(s): All Units on Site: "The purchasers/tenants are advised that sound levels due to increasing transportation (road and railway) noise in the vicinity may interfere with some Document Number: 4436680 Version: 1 Page 117 of 399 activities of the dwelling occupants as the sound levels exceed the sound level limits of the Waterloo Region and the Ministry of the Environment, Conservation & Parks (MECP) ". "Warning: Region of Waterloo / Canadian National Railway Company or its assigns or successors in interest has or have rights-of-way within 300 metres from the land the subject thereof. There may be alterations to or expansions of the railway facilities on such rights-of-way in the future, including the possibility that the Region / Railway or its assigns or successors as aforesaid may expand its operations, which expansion may affect the living environment of the residents in the vicinity, notwithstanding the inclusion of any noise and vibration attenuating measures in the design of the development and individual dwelling(s). The Region / CNR will not be responsible for any complaints or claims arising from the use of such facilities and/or operations on, over or under the aforesaid rights-of-way. " New Units: "This dwelling has been fitted with a forced air -ducted heating system and has been designed with the provision of adding central air conditioning at the occupant's discretion. Installation of central air conditioning by the occupant in low and medium - density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Waterloo Region and the Ministry of the Environment, Conservation & Parks (MECP) ". "The purchasers/tenants are advised that sound levels due to increasing transportation (road and railway) noise in the vicinity may interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Waterloo Region and the Ministry of the Environment, Conservation & Parks (MECP) ". "Warning: Region of Waterloo / Canadian National Railway Company or its assigns or successors in interest has or have rights-of-way within 300 metres from the land the subject thereof. There may be alterations to or expansions of the railway facilities on such rights-of-way in the future, including the possibility that the Region / Railway or its assigns or successors as aforesaid may expand its operations, which expansion may affect the living environment of the residents in the vicinity, notwithstanding the inclusion of any noise and vibration attenuating measures in the design of the development and individual dwelling(s). The Region / CNR will not be responsible for any complaints or claims arising from the use of such facilities and/or operations on, over or under the aforesaid rights-of-way. " Stationary Noise: Due to the proximity to commercial and industrial uses, Regional staff require the following noise warning clause to be registered on title through a development agreement with the City of Kitchener at the future consent or Plan of Condominium Document Number: 4436680 Version: 1 Page 118 of 399 stage and included in all offers of Purchase and Sale, Lease/Rental Agreements and the Condominium Declaration (should a condominium be proposed): "Purchasers/tenants are advised that due to the proximity of the adjacent industrial and commercial facilities, noise from these uses may at times be audible." 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 application move forward, staff ask the Owner/Developer to consider providing a number of affordable housing units on the site, as defined in the Regional Official Plan. In order for affordable housing to fulfill its purpose of being affordable to those who require rents or purchase prices lower than the regular market provides, a mechanism should be in place to ensure the units remain affordable and establish income levels of the households who can rent or own the homes. For the purposes of evaluating the affordability of an ownership unit, based on the definition in the Regional Official Plan, the purchase price is compared to the least expensive of: Housing for which the purchase price results in annual accommodation costs which do not exceed 30 percent of gross $385,500 annual household income for low and moderate income households Housing for which the purchase price is at least 10 percent below the average $576,347 purchase price of a resale unit in the regional market area *Based on the most recent information available from the PPS Housing Tables (2021). 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 !east expensive or: A unit for which the rent does not exceed $1,470 30 per cent of the gross annual Document Number: 4436680 Version: 1 Page 119 of 399 household income for low and moderate income renter households A unit for which the rent is at or below the Bachelor: $950 average market rent (AMR) in the 1 -Bedroom: $1,134 regional market area 2 -Bedroom: $1,356 3 -Bedroom: $1,538 4+ Bedroom: $3,997 "Based on the most recent information available from the PPS Housing Tables (2021) In order for a rental unit to be deemed affordable, the average rent for the proposed units which have fewer than 3 bedrooms must be at or below the average market rent in the regional market area as shown above. For proposed units with three or more bedrooms, the average rent for the units must be below $1,470. Fees: By copy of this letter, the Region of Waterloo acknowledges receipt of the Zoning By- law Amendment and Compatibility Review fees totalling $3,000.00 (deposited June 22, 2023). Conclusions: Based on the above, Regional staff have no objection to the application. Regional staff wish to advise the City and Applicant that the implementation of the air condition system shall and the implementation of the warning clauses shall be through a future consent of plan of condominium application. Furthermore, 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. Peter Markin (Owner), Arcadis Professional Services (Canada) Inc. C/O Dave Galbraith (Applicant) Document Number: 4436680 Version: 1 Page 120 of 399 City of Kitchener Application Type: Zoning By-law Amendment ZBA23/019/W/TS Project Address: 229 Wellington Street North Comments of: Transportation Services Commenter's Name: Dave Seller Email: dave.seller@kitchener.ca Phone: 519-741-2200 ext. 7369 Date of Comments: July 24, 2023 a. As part of a complete zoning by-law amendment application, a Parking Justification Brief was submitted in March 2023 by Peter Markin, owner of 229 Wellington Street North and a peer review of the brief was submitted in May 2023 by Salvini Consulting. Development proposal The applicant is proposing to construct a 13 -unit multiple dwelling in the form of stacked townhouses while keeping the existing duplex, for a total of 15 units. The development will be serviced by one full move vehicle access along the City of Kitchener lane at the rear of the property and a single driveway along Wellington Street North for short term parking. There are a total of 7 parking spaces being proposed. Transportation Demand Management (TDM) analysis This development is well situated to take advantage of the existing alternative modes of transportation available in the area to reduce vehicle dependency. Within 800m of the site there are several Grand River Transit (GRT) routes and two ION light rail stations to service this development. These routes offer connectivity to a broader transit network throughout the Region of Waterloo and within Kitchener itself. The walkability for pedestrians accessing the site and surrounding area can easily be achieved, as sidewalks are provided generally on both sides of roadways in the surrounding area which provide connections to entertainment, employment and commercial uses. There are existing cycling opportunities in the area, as well as future cycling connections to the downtown cycling grid and the Iron Horse Trail. To encourage cycling and take advantage of the cycling opportunities in the area, the applicant agrees to provide 15 Class A indoor secure bicycle parking spaces and 4 Class B outdoor bike parking spaces. The Class A bike parking will have access to a bike fix -it -station and electrical for EV bike charging. Parking supply analysis The results of the parking analysis completed noted parking ratios of 0.00 to 0.54 spaces per unit, with similar neighbourhood characteristics as this development. Also, eight (53%) of the fifteen units are less than 51m2, which typically sees a lower vehicle parking rate. There is also one barrier free and one visitor parking space being provided. Page 121 of 399 To assist with reducing the vehicle parking supply, parking spaces must be unbundled for the cost of a unit. Unbundled parking allows residents to only pay for parking that they need, rather than the cost being automatically included with the unit. Conclusion Based on the analysis completed, Transportation Services is in support of the proposed total parking supply of 7 spaces, of which 6 spaces are allocated for residents and 1 space for visitor parking. This equates to a parking ratio of 0.47 space per unit. Page 122 of 399 City of Kitchener Heritage — OPA/ZBA Comment Form Project Address: 229 Wellington Street North File Number: ZBA23/019/W/TS Comments Of: Heritage Planning Commenter's Name: Deeksha Choudhry Email: deeksha.choudhry@kitchen er.ca Phone: 519-741-2200 ext. 7291 Date of Comments: July 25, 2023 Heritage Planning staff has reviewed the following material for the proposed development on the lands municipally addressed as 229 Wellington Street North to provide the comments outlined below: • Planning Justification Report & Urban Design Report dated May 23, 2023; and • Architectural Package for the proposed development. The subject property municipally addressed as 229 Wellington Street North does not have any heritage status. However, it is located within the Mt. Hope/Breithaupt Neighborhood Cultural Heritage Landscape. The Kitchener Cultural Heritage Landscape Study (CHLS) dated December 2014 and prepared by The Landplan Collaborative Ltd. was approved by Council in 2015. The CHLS serves to establish an inventory and was the first step of a phased Cultural Heritage Landscape (CHL) conservation process. Due to the subject property not having any heritage status, a Heritage Impact Assessment (HIA) was not required. Planning Justification and Urban Design Report The Planning Justification Report includes the following commentary with respect to the impacts of the proposed development on the Mt. Hope/Breithaupt Neighborhood CHL: "The proposed development conserves the existing streetscape, maintaining the existing building with its porch and gabled roofline and the mature street trees. It directs additional pakring requirements towards the rear laneway to avoid visual intrusion on the landscape. The new addition provides patios and terraces directed toward the front and rear yards that mimic the function of the porches to maintain a connection to the public relam. The new addition includes a gabled roof rather than a flat roofline common in multiple dwelling buildings. Most significantly, the proposed development provides additional housing informs currently more attainable for nearby employees to live in the neighborhood than detached dwellings, consistent with the original design and intent of the neighborhood to serve workers with good paying jobs in walking distance. As the warehouse district has seen the return of companies and jobs, the addition of additional more affordable housing stock conserves the community value of the this cultural heritage landscape. Based on the foregoing, in our opinion, the proposed development conforms to the cultural heritage resource policies of the Official Plan." Heritage Planning Comments Heritage Planning Staff would like to provide the following comments for the applicant's consideration: - Staff would like further clarification on the materials and colours being used for the proposed development. The rendering provide a dark coloured brick -like material with light wood. Staff would like further confirmation on that. - Staff would encourage the applicant to distinguish the new development from the existing building through the use of different colours. Page 123 of 399 From the architectural package submitted, the new development is higher than the existing building, and staff would encourage the applicant to look at options that decrease the height. - If a decrease in height is not possible, staff would require the applicant to explore material colours that are lighter but are in contrast with the existing building, so that the two buildings can be distinguished, but also so that the new development blends in nicer with the existing context of the neighborhood, and has a smoother transition from the existing building. In keeping with the traditional character of the neighborhood, staff would encourage the applicant to use traditional materials such as brick, and wood for the new development. Staff would require the applicant provide more options for landscaping and tree coverage, to act as a vegetative buffer due to its proposed height and for appropriate screening from the public realm. Staff do not have any issues with the proposed ZBA application, but might have additional comments and conditions for the Site Plan Review process. Page 124 of 399 Address: 229 Wellington St N Owner: Peter Markin Application: Zoning By-law Amendment ZBA23/019/W/TS Comments Of: Parks & Cemeteries Commenter's Name: Lenore Ross Email: Lenore.ross@kitchener.ca Phone: 519-741-2200 ext 7427 Date of Comments: ` abrn of co m°mim°a: nts. ❑ 1 plan to attend the meeting (questions/concerns/comments for discussion) X❑ No meeting to be held ❑ I do NOT plan to attend the meeting (no concerns) 1. Documents Reviewed: I have reviewed the documentation noted below submitted in support of a ZBA to construct a 13 -unit multiple dwelling in the form of stacked townhouses while keeping the existing duplex, for a total of 15 units on the property. To facilitate this development, the owner has requested to amend the Zoning By-law from 'RES-4'to 'RES -5' in Zoning By-law 2019-051. • Planning Justification Report and Urban Design Brief • Architectural drawings including preliminary site plan • Completed application form 2. Site Specific Comments & Issues: Parkland dedication requirements will be deferred at the Zoning By-law Amendment application and assessed at a future Site Plan Application. Parkland dedication will be assessed based on the land use class and density approved through the ZBA and required as a condition of Site Plan Approval. Parkland dedication will be taken as cash -in -lieu of land according to the Planning Act, Parkland Dedication Bylaw 2022-101 and Parkland Dedication Policy in effect. The City of Kitchener Park Dedication By law and Park Dedication Policy have recently been updated and new parkland dedication criteria, rates and land values have been approved by Council on August 22, 2022. The Bylaw is under appeal. Further changes to the Bylaw may be required as a result of the Bill 23 — More Homes Built Faster Act. Parkland Dedication requirements will be assessed at the site plan application stage and adjusted to reflect any approved Affordable Rental Housing. Parks and Cemeteries has no concern with the proposed Zoning Bylaw Amendments and can provide clearance for the ZBA application proceeding. Tree protection fencing for existing City owned trees and design details for the on-site amenity spaces will be determined through the required site plan application. Considering the scale of the proposed development and the current level of active park provision in the Mt Hope Huron Park Planning Community, a holding provision is not warranted in Parks and Cemeteries opinion. 3. Policies, Standards and Resources: • Kitchener Official Plan • City of Kitchener Park Dedication Bylaw 2022-101 and Park Dedication Policy • City of Kitchener Development Manual • Cycling and Trails Master Plan (2020) Page 125 of 399 • Chapter 690 of the current Property Maintenance By-law • Places & Spaces: An Open Space Strategy for Kitchener • Multi -Use Pathways & Trails Masterplan • Urban Design Manual 4. Anticipated Fees: The Parkland dedication requirement for this submission is deferred and will be assessed at a future Site Plan Application. Parkland dedication will be assessed based on the land use class(es) and density approved through the ZBA and required as a condition of Site Plan Approval Page 126 of 399 City of Kitchener - Comment Form Project Address: 229 Wellington St N Application Type: ZBA Comments of: Environmental Planning (Sustainability) — City of Kitchener Commenter's name: Gaurang Khandelwal Email: gaurang.khandelwal@kitchener.ca Phone: 519-741-2200 x 7611 Written Comments Due: July 25, 2023 Date of comments: July 25, 2023 1. Plans, Studies and/or Reports submitted and reviewed as part of a complete application: • Sustainability Statement for 229 Wellington Street North, prepared by Peter Markin, dated March 25, 2023 2. Comments & Issues: I have reviewed the documentation (as listed above) to support a Zoning By-law Amendment for the proposed development of a 13 -unit multiple dwelling in the form of stacked townhouses while keeping the existing duplex on the subject lands, regarding sustainability and energy conservation and provide the following: • Although the Ontario Building Code (OBC) is advanced, going forward all developments will need to include robust energy conservation measures as the City (and Region of Waterloo) strive to achieve our greenhouse gas reduction target. • Upon review of the supporting documentation there are several positive sustainability measures are being considered or proposed for the development. • A Sustainability Statement (as per the City's Terms of Reference) will be required as part of a complete Site Plan Application which can further explore and/or confirm additional sustainability measures that are best suited to the development. • Potential items for further consideration are: o The use of alternative water supply and demand management systems or readiness to add these systems in the future o Engineering the building to add solar PVs if required in the future o Using low or no VOC paints and finishes to minimize air pollutants in interior materials o Sustainable sourcing of construction and building materials 3. Policies, Standards and Resources: Page 127 of 399 • Kitchener Official Plan Policy 7.C.4.5. The City will encourage and support, where feasible and appropriate, alternative energy systems, renewable energy systems and district energy in accordance with Section 7.C.6 to accommodate current and projected needs of energy consumption. • Kitchener Official Plan Policy 7.C.6.4. In areas of new development, the City will encourage orientation of streets and/or lot design/building design with optimum southerly exposures. Such orientation will optimize opportunities for active or passive solar space heating and water heating. • Kitchener Official Plan Policy 7.C.6.8. Development applications will be required to demonstrate, to the satisfaction of the City, energy is being conserved or low energy generated. • Kitchener Official Plan Policy 7.C.6.27. The City will encourage developments to incorporate the necessary infrastructure for district energy in the detailed engineering designs where the potential for implementing district energy exists. 4. Advice: ➢ As part of the Kitchener Great Places Award program every several years there is a Sustainable Development category. Also, there are community-based programs to help with and celebrate and recognize businesses and sustainable development stewards (Regional Sustainability Initiative - http://www.sustainablewaterlooregion.ca/our-programs/regional-sustainability- initiative and TravelWise - http://www.sustainablewaterlooregion.ca/our-programs/travelwise). ➢ The 'S_ustain_abii_I.iit. Statement Terms of Reference' can be found on the City's website under 'Planning Resources' at ... htt. s: www.lkiitcheneir.ca Sustaunabulut Statemeint Page 128 of 399 From: Trevor Heywood <theywood@grand river.ca> Sent: Monday, June 19, 2023 12:01 PM To: Tim Seyler <Tim.Seyler@kitchener.ca> Subject: RE: Circulation for Comment - 229 Wellington Street North (ZBA) Hey Tim, This is not regulated by the GRCA, and we have no comment. Thanks, Prev it III °leyw ' I1::3..Cc„(IE:::::nv„) Re ou irs: fa IRIIainir er Giraincl II`° livs.ur (".oir Servat ..ion Authoirily. 400 Clyde Road, PO Box 729 Cambridge, ON N 1 R 5W6 Phone: 519-621-2763 ext. 2292 Email:,tIhle, woods �irandiriiveir..ca Iry✓ii.1.1.h....t..js....!IJ......s ocJIiall med!Iia. From: Planning <planning@wcdsb.ca> Sent: Monday, July 24, 2023 5:00 PM To: Tim Seyler <Tim.Seyler@kitchener.ca> Subject: RE: Circulation for Comment - 229 Wellington Street North (ZBA) Good Afternoon Tim, 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.NealeC@wcdsb.ca. Thank you, Jordan Neale Planning Technician, WCDSB 480 Dutton Dr, Waterloo, ON N2L 4C6 519-578-3660 ext. 2355 Page 129 of 399 From: Brandon Coveney <planning@wrdsb.ca> Sent: Tuesday, July 18, 2023 1:55 PM To: Tim Seyler <Tim.Seyler@kitchener.ca> Cc: Planning <planning@wrdsb.ca>; Christine Kompter<Christine.Kompter@kitchener.ca> Subject: Re: [Planning] Circulation for Comment - 229 Wellington Street North (ZBA) July 18, 2023 Re: Circulation for Comment - 229 Wellington Street North (ZBA) Municipality: Kitchener Location: 229 Wellington St N Owner/Applicant: Peter Markin Hi Tim, The Waterloo Region District School Board (WRDSB) has reviewed the above -noted application that proposes amendments in order to facilitate the construction of a rear yard addition including 13 residential units. The WRDSB offers the following comments: Student Accommodation At this time, the subject lands are within the boundaries of the following WRDSB schools: • Suddaby PS (Junior Kindergarten to Grade 6); • Margaret Avenue PS (Grade 7 to Grade 8); and • Kitchener -Waterloo Collegiate & Vocational School (Grade 9 to Grade 12). The WRDSB's 2020,;;;;20 ,II,,.oi n9;;; 21r! , ,2omm Atli in Plan pro]ects long-term over -utilization at Kitchener -Waterloo Collegiate & Vocational School. Interim student accommodation measures, including portable classrooms, are presently on-site and may be required until an alternative accommodation solution is in place. Alternatively, the WRDSB may conduct a boundary study or designate this property as a "Development Area" and assign it to Holding Schools before occupancy or sales. 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 g.!Eq ea IB y lla „ 2021,, airr�einded iiia 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. Page 130 of 399 If you have any questions about the comments provided, don't hesitate to contact the undersigned. Regards, Seii,floir Ill::Iaininer Waterloo Region District School Board 51 Ardelt Avenue, Kitchener ON, N2C 2R5 Email: brandon coven e irds1b..ca Page 131 of 399 From: Catherine Owens Sent: Tuesday, July 18, 2023 8:12 PM To: Tim Seyler <Tim.Seyler@kitchener.ca> Subject: 229 Wellington Street North - Re -zoning The owner of the property has created a thoughtful infill design. The height, side yard and rear yard setback variances are minimal and should not substantially impact the immediate neighbours. It's a pleasure to see that the existing 100 year old home which was recently refurbished will be retained rather than demolished This is the type of development which is a perfect fit for homes with laneway access in the core. This development definitely fits the definition of "missing middle" and will be a welcome addition to the neighbourhood if approved. Page 132 of 399 Staff Report l IKgc.;i' r� R Development Services Department www.kitchener.ca REPORT TO: Planning and Strategic Initiatives Committee DATE OF MEETING: September 18, 2023 SUBMITTED BY: Stevenson, Garett - Interim Director of Planning, 519-741-2200 ext. 7070 PREPARED BY: Anderl, Katie — Project Manager (Planning), 519-741-2200 ext. 7987 WARD(S) INVOLVED: Ward 9 DATE OF REPORT: REPORT NO.: August 14, 2023 DSD -2023-365 SUBJECT: Official Plan Amendment Application OPA22/004/V/KA — Zoning By-law Amendment Application ZBA221006/V/KA — 130-142 Victoria Street South — 1936026 Ontario Inc. RECOMMENDATION: That Official Plan Amendment Application OPA/22/004/V/KA for 1936026 ONTARIO INC. requesting a land use designation change from `Mixed Use' to `Mixed Use with `Specific Policy Area 7' to permit a 25 -storey mixed-use development on the lands specified and illustrated on Schedule `A', be adopted, in the form shown in the Official Plan Amendment attached to Report DSD -2023-365 as Appendix `A', and accordingly forwarded to the Region of Waterloo for approval; and That Zoning By-law Amendment Application ZBA22/006/V/KA for 1936026 ONTARIO INC. be approved in the form shown in the `Proposed By-law', and `Map No. 1', attached to Report DSD -2023-365 as Appendix `B'; and further That the Development Concept as provided in the `Addendum to Urban Design Brief dated December 23, 2021, 130-142 Victoria Street South, Kitchener' (prepared by Arcadis Professional Services (Canada) Inc., and dated June 14, 2023), attached to Report DSD -2023-365 as Appendix `F' be endorsed. REPORT HIGHLIGHTS: The purpose of this report is to evaluate and provide a planning recommendation regarding the Official Plan Amendment and Zoning By-law Amendment applications for the properties located at 132-140 Victoria Street South. It is planning staff's recommendation that the Official Plan and Zoning By-law Amendments be approved. Community engagement included: *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 133 of 399 o circulation of a preliminary notice postcard to property owners and residents within 240 metres of the subject site; o installation of two large billboard notice signs on the property (one facing each street); o follow up one-on-one correspondence with members of the public; o Neighbourhood Meeting held on July 18, 2022; o postcard advising of the statutory public meeting was circulated to all residents and property owners within 240 metres of the subject site and those who responded to the preliminary circulation; and o Notice of the public meeting was published in The Record on August 23, 2023. • This report supports the delivery of core services. EXECUTIVE SUMMARY: Planning staff is recommending approval of the requested Official Plan Amendment Application to add Site Specific Policy Area 7 to Map 4 and Policy 15.D.2.70 to the text in the Official Plan to allow for an increased Floor Space Ratio (FSR) of 13.7. Planning Staff is recommending approval of the requested Zoning By-law Amendment Application to change the zoning from `Low Intensity Mixed use Corridor Zone (MU -1) with Special Use and Regulation Provisions 401 U, 1 R and 525R' in Zoning By-law 85-1 to `Mixed -Use Three Zone (MIX -3) with Site -Specific Regulation 374 and a new Holding Provision 70H' in Zoning By-law 2019-051 to permit a 25 -storey mixed use building with an increased Floor Space Ratio (FSR), reduced setbacks, a reduction in parking, and a Holding Provision to require remediation of the site contamination and completion of a noise study. Staff further recommend that the Development Concept be endorsed by Council. BACKGROUND: 1936026 ONTARIO INC. has made applications to the City of Kitchener for an Official Plan Amendment and a Zoning By-law Amendment proposing to change the land use designation and zoning of the lands at 130-142 Victoria Street South to permit the lands to be developed with a 25 -storey, mixed-use development with 249 residential units and 1,190 square metres of non-residential commercial and office space. The lands are located within the `Urban Growth Centre' and designated `Mixed -Use' in the City of Kitchener Official Plan, and are currently zoned `Low -Intensity Mixed Use Corridor Zone (MU -1)' in Zoning By-law 85-1. The existing zoning permissions: • Permit a range of permitted uses, including Multiple Dwellings and a wide range of commercial and institutional uses. • Allow a maximum building Floor Space Ratio (FSR) of 2.0. • Permit a maximum building height of 13.5 metres. • Require 1 parking space for each dwelling unit over 51 square metres of floor area and, 0.165 parking spaces for dwelling units having a floor area of 51.0 square metres or less (capped at 40% of the dwelling units). • Special Use Provision 401 U prohibits the development of sensitive uses until a Record of Site Condition has been completed. • Special Regional Provision 1 R identifies that the lands are regulated by the Grand River Conservation Authority. Page 134 of 399 • Special Regulation Provision 525R permits a reduced lot width, and reduced building setback for existing buildings. Site Context The subject lands include three properties 130, 138 and 142 Victoria Street South, which together have an area of 0.178 hectares with 37.7 metres of frontage on Victoria Street South and 47.3 metres of frontage along Bramm Street. Lands would be required to consolidate prior to development. The subject lands currently contain 3 buildings. 130 Victoria Street South currently contains a former industrial style building which has historically been used as a dry cleaner, and most currently as a pharmacy, 138 Victoria Street South currently contains a duplex dwelling, and 142 Victoria Street South contains a small multiple dwelling with 11 units currently rented to tenants at market rates. The subject lands are located at the corner of Victoria Street South and Bramm Street. There are several high intensity mixed use developments that are at various stages of development in close proximity to the subject lands including existing towers up to 27 storeys to the east, and zoning approved for towers up to 38 storeys to the west. Lands south of Victoria Street South contain a mix of institutional, commercial and low-rise residential buildings. The subject lands are situated in prime area for redevelopment and intensification in the City of Kitchener. They are within the Urban Growth Centre, in close proximity to rapid transit, and have good access to the downtown cycling grid. Lands to the north are the former Bramm Street Yards and are currently used as a surface parking lot. b SUBJECT ARE QN �m w. IR - 411 Figure 1 - Location Map: 130 - 142 Victoria Street South Co Page 135 of 399 REPORT: The applicant is proposing to develop the subject lands with a with a 249 -unit, mixed-use development including a 25 -storey tower located on top of a 6 storey podium (25 storeys above ground in total) and having a floor space ratio (FSR) of 13.7. Two levels of below - ground parking are proposed to accommodate 27 parking spaces, and 249 Class A bicycle spaces. Two short term service/delivery spaces, and one garbage/loading space is provided with access from the private rear lane which serves the subject lands and the development to the west. A shared rooftop amenity space is provided on the 7th floor, and enhanced streetscaping will be provided beneath a weather protected overhang along Bramm Street to enhance the public realm and streetscape. Active uses front onto both adjacent public streets. Detailed plans and elevations may be found in the Addendum to Urban Design Brief attached as Appendix `F'. Table 1 below highlights the development concept statistics while Figure 2 shows the proposed development concept in the context of the existing towers on Garment Street and the recently approved towers (conceptual) at the corner of Victoria Street and Park Street. Table 1. Proposed Development Concept Statistics Page 136 of 399 Development Concept Number of Units 249 dwelling units Parking Spaces 27 parking spaces (3 barrier free) Commercial (ground floor) 4 units, 575 square metres Office (second floor) 576 square metres Live -work (second floor) 9 units Total Building Height 25 storeys (80 metres) Podium Height 6 storeys Class A (indoor secured) Bicycle Parking 249 spaces Class B (outdoor visitor) Bicycle Parking 6 Electric Vehicle Ready Parking Stalls 20% Floor Space Ratio 13.7 Unit Types 61 - bachelor units (24%) 79 — one -bedroom units (32%) 12 - one -bedroom plus den units (5%) 28 — two-bedroom units (11 %) 44 — two-bedroom plus den units (18%) 25 — three-bedroom units (10%) Page 136 of 399 Figure 2 — Development Concept Rendering To facilitate the proposed development, an Official Plan Amendment and a Zoning By-law Amendment are required to change the land use designation and zoning of the subject lands. The lands are currently designated `Mixed Use' in the City of Kitchener Official Plan (2014) and zoned `Low Intensity Mixed Use Corridor Zone (MU -1)' in Zoning By-law 85-1. The existing zoning has not been updated to reflect the current Official Plan designation. This work was considered through the Planning Around Rapid Transit Stations (Parts Central) and is now being incorporated into the Growing Together Project. The existing Official Plan policies permit a maximum Floor Space Ratio (FSR) of 5.0 where a development includes a below -grade parking structure. The proposed Official Plan Amendment is to add a Site Specific Policy 15.D.2.70 to increase the Floor Space Ratio to 13.7. The proposed Zoning By-law Amendment would remove the subject lands from Zoning By-law 85-1 and move the lands into the new Zoning By-law 2019-051. The lands are currently zoned `Low -Intensity Mixed Use Corridor Zone (MU -1)', which permits a maximum FSR of 2.0, and are proposed to be rezoned to `Mixed Use Three Zone (MIX -3) with Site Specific Provision 374 and Holding Provision 50H'. Site Specific Provision 374 includes regulations for setbacks, step -backs, building height in metres, an increased Floor Space Ratio (FSR), a minimum non-residential floor area, a reduced parking rate, and prohibition of geothermal wells. Holding Provision 50H is proposing to prohibit residential uses until a Record of Site Condition (RSC) and updated Noise and Vibration Studies have been completed to the satisfaction of the Region of Waterloo and CN Rail. Page 137 of 399 Planningi Analysis: Planning Act, R.S.O. 1990, c. P.13 25. Section 2 of the Planning Act establishes matters of provincial interest and states that the Minister, the council of a municipality, a local board, a planning board and the Tribunal, in carrying out their responsibilities under this Act, shall have regard to, among other matters, matters of provincial interest such as, d) The conservation of features of significant architectural, cultural, historical, archaeological or scientific interest; f) The adequate provision and efficient use of communication, transportation, sewage and water services and waste management systems; g) The minimization of waste; h) The orderly development of safe and healthy communities; j) The adequate provision of a full range of housing, including affordable housing; k) The adequate provision of employment opportunities; p) The appropriate location of growth and development; q) The promotion of development that is designed to be sustainable, to support public transit and to be oriented to pedestrians; r) The promotion of built form that, (i) Is well-designed, (ii) Encourages a sense of place, and (iii) Provides for public spaces that are of high quality, safe, accessible, attractive and vibrant; s) The mitigation of greenhouse gas emissions and adaptation to a changing climate. These matters of provincial interest are addressed and are implemented through the Provincial Policy Statement, 2020. 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. The Ministry of Municipal Affairs and Housing is proposing an integrated province -wide land use planning policy document, potentially replacing the Provincial Policy Statement and A Place to Grow: Growth plan for the Greater Golden Horseshoe, with a singular Provincial Planning Statement (PPS) which is in draft form and not in effect at the time this report was prepared. 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. Page 138 of 399 To support provincial policies relating to the optimization of infrastructure, transit and active transportation, the proposed designation and zoning facilitate a compact form of development which efficiently uses the lands, is in close proximity to transit options including bus and rapid transit and makes efficient use of both existing roads and active transportation networks. The lands are serviced and are in proximity to parks, trails and other community uses. Provincial policies are in support of providing a broad range of housing. The proposed mixed use development represents market-based housing. Planning staff is of the opinion that the proposed applications will facilitate the intensification of the subject property with a high intensity mixed-use development that is compatible with the surrounding community, helps manage growth, will contribute to a complete community, is transit -supportive and will make use of the existing infrastructure. No new public roads would be required for the proposed development and Engineering staff have confirmed there is capacity in the sanitary sewer to permit intensification on the subject lands. Based on the foregoing, staff is of the opinion that this proposal is in conformity with the PPS. A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 (Growth Plan): The Growth Plan supports the development of complete and compact communities that are designed to support healthy and active living, make efficient use of land and infrastructure, provide for a range and mix of housing types, jobs, and services, at densities and in locations which support transit viability and active transportation. Policies of the Growth Plan promote growth within strategic growth areas including major transit station areas, in order to provide a focus for investments in transit and other types of infrastructure. Policy 2.2.1.4 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; Page 139 of 399 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. Policy 2.2.3 requires that Urban Growth Centres be planned to accommodate significant population growth with a minimum density target of 200 residents and jobs per hectare. Policy 2.2.4 requires that planning be prioritized for MTSAs on priority transit corridors, including zoning in a manner that implements the policies of the Growth Plan. MTSAs on priority transit corridors will be planned for a minimum density target of 160 residents and jobs combined per hectare for those that are served by light rail transit or bus rapid transit. The Region of Waterloo's ION is a form of light rail transit and the ION stations are Major Transit Station Areas (MTSAs) that are required to achieve the minimum density target of 160 residents and jobs combined per hectare. 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. The subject lands are located within the delineated built up area, and within the Urban Growth Centre and Central Station Major Transit Station Area. The proposed development represents intensification and will help the City achieve density targets in the UGC and MTSA. The proposed designation and zoning will support a higher density housing option that will help make efficient use of existing infrastructure, parks, roads, trails, and transit. Planning staff is of the opinion that the applications conform to the Growth Plan. Regional Official Plan (ROP): Urban Area policies of the ROP identify that the focus of the Region's future growth will be within the Urban Area. The subject lands are designated Built -Up Area in the ROP and are within the Central Station Major Transit Station Area (MTSA) and the Urban Growth Centre (UGC). MTSAs and UGCs are appropriate locations for intensification. The proposed development conforms to Policy 2.D.1 and 2.D.2 of the ROP as this development provides for the physical infrastructure and community infrastructure to support the proposed mixed use development, including transportation networks, municipal drinking -water supply and wastewater systems, and a broad range of social and public health services. Regional policies require Area Municipalities to plan for a range of housing in terms of form, tenure, density and affordability to satisfy the various physical, social, economic and personal support needs of current and future residents. The Region of Waterloo have indicated they have no objections to the proposed applications or to higher density on the subject lands (Appendix `D'). Planning staff are of the opinion that the applications conform to the Regional Official Plan. City of Kitchener Official Plan (OP) The City of Kitchener OP provides the long-term land use vision for Kitchener. The vision is further articulated and implemented through the guiding principles, goals, objectives, Page 140 of 399 and policies which are set out in the Plan. The Vision and Goals of the OP strive to build an innovative, vibrant, attractive, safe, complete and healthy community. Complete Community A complete community creates and provides access to a mix of land uses including, a full range and mix of housing, including affordable housing, recreation, commerce, community and cultural facilities, health care facilities, employment, parks and open spaces distributed and connected in a coherent and efficient manner. A complete community also supports the use of public transit and active transportation, enabling residents to meet most of their daily needs within a short distance of their homes. Kitchener will be planned as a complete community that creates opportunities for all people to live, work and interact within close proximity. Planning for a complete community will aid in reducing the cost of infrastructure and servicing, encourage the use of public transit and active modes of transportation, promote social interaction, and foster a sense of community. The applicant is proposing to contribute to a complete community with 249 residential units and 1,150 square metres of non-residential commercial and office space. Considerable thought for the orientation and placement of the building, podium heights, building step backs, and vehicular and pedestrian connections to Victoria Street South and Bramm Street have been incorporated into the design for this high intensity mixed use development. Urban Structure The Official Plan establishes an Urban Structure for the City of Kitchener and provides policies for directing growth and development within this structure. Intensification Areas are targeted throughout the Built-up Area as key locations to accommodate and receive the majority of development or redevelopment for a variety of land uses. Primary Intensification Areas include the Urban Growth Centre, Major Transit Station Areas, Nodes and Corridors, in this hierarchy, according to Section 3.C.2.3 of the Official Plan. The subject lands are located within the Urban Growth Centre (UGC), which is the city's primary focal point for intensification. Staff is of the opinion that the proposed Official Plan Amendment will support a development that complies with the City's policies of the UGC and also contributes to the vision for a complete and healthy city. Land Use Designation — Urban Growth Centre - Mixed Use The subject lands are designated `Urban Growth Centre - Mixed Use' (Map 4) of the Official Plan (2014). The Urban Growth Centre is planned to achieve a minimum density of 225 residents and jobs per hectare and is planned to accommodate a significant share of the city's population growth. Policies of the Urban Growth Centre support reduced parking rates where they are supported by Transportation Demand Management (TDM) measures, and parking designs that locate/screen parking from view of the public realm and discourage new surface parking lots. Priority is given to pedestrian, cycling and transit over vehicular circulation and accommodation. Development is required to have regard for and contribute to the public realm, and high quality urban design is expected. The Mixed Use land use designation permits a broad range of uses at different scales and intensities. Policies of the Mixed Use designation encourage developments to achieve a high standard of urban design, and to be pedestrian -oriented and human -scaled in order to positively contribute to the public realm. Developments are required to be compatible Page 141 of 399 with surrounding areas, be transit -supportive and cycling and pedestrian -friendly. Over time it is intended that the Mixed Use areas shall intensify and provide a balanced distribution of commercial, multiple residential and institutional uses. Consideration of the policies of the Urban Growth Centre- Mixed Use designation are provided below. The applicant is proposing to add Site Specific Policy 15.D.2.70 to allow a maximum Floor Space Ratio (FSR) of 13.7 whereas the current Official Plan policies allow for a maximum FSR of 5.0 for developments which provide for below -grade parking. PARTS Central Plan The subject lands are located within the PARTS Central Plan which is a guiding document for land uses within and around rapid transit station stops. The PARTS Central Plan made recommendations for amendments to the Official Plan designations within MTSAs, which have not yet been implemented. Some of the primary recommendations are to encourage the development of underutilized sites with higher density live -work environments and to increase housing supply with multi -unit residential while protecting existing stable neighbourhoods. The subject lands were identified as High Density Mixed Use in the PARTS Central Plan. The proposed development provides for a higher density housing option and the proposed amendment is in keeping with the PARTS Central vision for development. Neighbourhood Planning Review (NPR) The subject lands are not within an NPR area as they are located within the designated Urban Growth Centre. Growing Together The Growing Together project is the continuation of the City's ongoing planning review process that began with Planning Around Rapid Transit Station Areas and advanced through the Neighbourhood Planning Review (NPR) project, while also responding to new direction from the province, implementing the updated Regional Official Plan, and addressing new and emerging city priorities. The subject lands have been identified in the Growing Together: Draft Approach to Growth and Change as Strategic Growth Area - Four (SGA4) Zone which is contemplated to have no height or density limits, and no parking requirement. The proposed development aligns with the direction of Growing Together. Parkland The Proposed Development includes private indoor and outdoor rooftop amenity spaces for residents of the proposed development. The parkland dedication requirement for this submission and will be assessed at the time of Site Plan Approval and will be subject to the Parkland Dedication Policy in effect. Urban Design Policies of the Urban Growth Centre require high quality urban design for buildings, signage, and streetscapes to enhance street life and create local pride and interest and the City encourages innovation and architectural excellence in urban development. Further direction on contributing to high quality design for particular areas of the Urban Growth Centre (Downtown) is contained in the Urban Design Policies in Section 11 of the City's OP. In the opinion of staff, the proposed development meets the intent of these policies, Page 142 of 399 specifically: Streetscape; Safety; Universal Design; Site Design; Building Design, and Massing and Scale Design. Streetscape — Both the Victoria Street South and Bramm Street frontages are activated by at -grade non-residential commercial units and the building's lobby. The commercial units and the building lobby have direct access to public sidewalks, and the building design incorporates a recessed ground floor along the Bramm Street frontage which enhances the pedestrian realm and provides a weather protected sidewalk along Bramm Street. This area will be secured as publicly accessible enhancement to the public street through the future site plan process. Safety — As part of the site plan approval process, staff will ensure Crime Prevention Through Environmental Design (CPTED) principles are achieved and that the site meets the Ontario Building Code and the City's Emergency Services Policy. Universal Design — The development will be designed to comply with Accessibility for Ontarians with Disabilities Act and the Ontario Building Code. Skyline — The proposed building will provide a new feature on the City's skyline. The proposed building will create visual interest from several different vantage points. Site Design, Building Design, Massing and Scale — The subject site is designed to have a development that will be developed at a scale that is compatible with the existing and planned built form for the surrounding neighbourhood. The tower has a well defined podium and building step backs which helps enhance the public realm. Massing is broken up at the 6th 21St and 25th floors which mitigate overlook issues and shadow impacts. The tower placement has been oriented towards Victoria Street with massing broken up vertically by articulation and variation in building materials. Furthermore, balconies for the residential units are included on all elevations. Ground floor commercial units and residential lobby space are proposed which will further enhance and activate the streetscape. Tall Building Guidelines - The proposed development has been reviewed for compliance with the City's Design for Tall Buildings Guidelines. The objective of this document is to: • achieve a positive relationship between high-rise buildings and their existing and planned context; • create a built environment that respects and enhances the city's open space system, pedestrian and cyclist amenities and streetscapes; • create human -scaled pedestrian -friendly streets, and attractive public spaces that contribute to livable, safe and healthy communities; • promote tall buildings that contribute to the view of the skyline and enhance orientation, wayfinding and the image of the city; • promote development that responds to the physical environment, microclimate and the natural environment including four season design and sustainability; and, • promote tall building design excellence to help create visually and functionally pleasing buildings of architectural significance. Page 143 of 399 The proposed development concept has been reviewed with these objectives in mind. City staff has confirmed that the proposed towers are generally consistent with and meet the overall intent of the City's Design for Tall Building Guidelines. Shadow Impact Study - The owner has completed a Shadow Impact Study in addition to the Urban Design Report. Staff have reviewed the study and are satisfied the shadow study meets the City's requirements, with respect to shadow impacts, as noted in the City of Kitchener Urban Design Manual. Wind Study - A wind study was prepared for the consideration of this development proposal and reviewed by staff. The wind conditions surrounding the proposed development are generally suitable. A full Wind Assessment be required and further reviewed at the site plan application stage based on the final design and wind control features will be required through the site plan approval, as necessary to mitigate wind. Staff is supportive of the development concept as provided for in the Addendum to Urban Design Brief (see Appendix 'F') and recommend that Council endorse the Development Concept for implementation through the Site Plan review process. Public Health and Sa Official Plan policies seek to minimize and mitigate land use conflicts between sensitive land uses and natural hazards, sources of noise and vibration, potential contamination, and aviation safety hazards. • A portion of the subject properties are in the flood fringe portion of a Two -Zone Floodplain policy area. Lands located in the flood fringe are developable, subject to a permit being issued by the Grand River Conservation Authority (GRCA). The GRCA has reviewed the subject applications and have no objections to the development proposal. • A Record of Site Condition is required prior to residential uses being permitted and a Holding Provision is recommended in this regard. • An Environmental Noise Feasibility Assessment was submitted in support of the applications to evaluate traffic, rail and stationary noise sources as well as rail vibration. The Region and CN Rail have reviewed the report and have requested that Holding Provisions be applied to the lands through the site-specific zoning to require completion of a detailed stationary noise study and updated rail noise and vibration assessment report prior to residential uses being permitted. • The subject lands are located outside of lands regulated by Transport Canada's Region of Waterloo International Airport Zoning Regulations (AZR). The owner may be required to submit Land Use Proposal Submission Forms to NAV CANADA and an Aeronautical Assessment Forms to Transport Canada to notify them of the location of the new tall building and any temporary cranes. Transportation Policies: The Official Plan supports an integrated transportation system which incorporates active transportation, allows for the movement of people and goods and promotes a vibrant, healthy community using land use designations and urban design initiatives that make a wide range of transportation choices viable. Policy 3.C.2.22 states that until such time as Station Area Plans are completed and the Official Plan is amended, any development application submitted within a Major Transit Station Area will be reviewed generally in Page 144 of 399 accordance with the Transit -Oriented Development Policies included in Section 13.C.3.12. These policies support a compact urban form, that supports walking, cycling and the use of transit, by providing a mix of land uses in close proximity to transit stops, to support higher frequency transit service and optimize transit rider convenience. These policies also support developments which foster walkability by creating safe and comfortable pedestrian environments and a high-quality public realm. The proposed Official Plan Amendment and Zoning By-law Amendment applications support a high-density mixed-use development. The proposed building will result in a built form that fosters walkability within a pedestrian -friendly environment that allows walking and cycling to be safe, comfortable, barrier -free and a convenient form of urban travel. A Streetscape Plan has been prepared demonstrating that the design of the buildings will feature a high quality public realm which will contribute to the pedestrian experience along Bramm Street and Victoria Street South. This plan will be further implemented through the Site Plan review process. The subject lands are located in close proximity to the Central ION stop and the multi- modal transit hub. Bus transit is easily accessible with a stop for GRT Route 20 available on Victoria Street South. The subject site has excellent access to walking and cycling trails, such as the Iron Horse Trail, Cherry Park Trail and the downtown cycling grid. The location of the subject lands, in the context of the City's integrated transportation system, supports the proposal for transit -oriented development on the subject lands. Secure and weather protected bicycle parking is required as part of the Zoning By-law and is proposed to be located in several bike rooms within the building. The Official Plan also includes policies which support reduced parking rates in support of active transportation and transit in intensification areas. The subject lands are located in the Urban Growth Centre which is the City's primary intensification area, and has good access to transit, the cycling network. The subject building has been designed with a below -grade parking structure to accommodate 27 parking spaces, including 3 barrier free spaces, and at grade short term loading/delivery spaces are provided off of the private laneway. The proposed development provides 1 secure and weather protected bike parking space per unit, and the proposed built form will contribute positively to the streetscape and enhance the pedestrian experience. Other TDM measures including unbundled parking, and transit information packages are also proposed. Staff is of the opinion that the proposed development will help to increase density in an area well served by nearby transit and rapid transit while being context sensitive to surrounding lands and provides excellent access to off-road pedestrian and cycling facilities. Housing Policies: Section 4.1.1 of the City's Official Plan contains policies with the primary objective to provide for an appropriate range, variety and mix of housing types and styles, densities, tenure and affordability to satisfy the varying housing needs of our community through all stages of life. The development is contemplated to include a range of unit types including one, two and three bedroom units, and live -work units, which will appeal to a variety of household needs. Sustainable Development Page 145 of 399 Section 7.C.4.1 of the City's Official Plan ensures developments will increasingly be sustainable by encouraging, supporting and, where appropriate, requiring: a) compact development and efficient built form; b) environmentally responsible design (from community design to building design) and construction practices; c) the integration, protection and enhancement of natural features and landscapes into building and site design; d) the reduction of resource consumption associated with development; and, e) transit -supportive development and redevelopment and the greater use of other active modes of transportation such as cycling and walking. Development applications are required to demonstrate that the proposal meets the sustainable development policies of the Plan and that sustainable development design standards are achieved. A Preliminary Sustainability Statement and Energy Report were submitted in support of the applications. Staff have reviewed the reports and find that the Official Plan and Zoning Bylaw Amendments can be supported as a number of sustainable measures have been proposed or are being considered for the development. These measures will be further detailed through the Site Plan Approval stage. Cultural Heritage Policies of the Official Plan seek to conserve cultural heritage resources. The property municipally addressed as 142 Victoria Street South (and located within the subject lands) is listed as a non -designated property of cultural heritage value or interest on the City's Municipal Heritage Register. The buildings at 130 and 138 Victoria are not considered to have heritage value. The subject lands are also located within the Warehouse District Cultural Heritage Landscape, a significant cultural heritage landscape as per the Kitchener Cultural Heritage Landscape Study (CHLS) which was prepared by The Landplan Collaborative Ltd and approved by Council in 2015. A Heritage Impact Assessment (HIA) was prepared and recommends demolition of the existing listed structure at 142 Victoria Street South. The HIA was considered by the Heritage Kitchener Committee at its June 7, 2022, meeting and does not require further consideration. The final approval of the HIA and the Salvage and Documentation Plan will be made conditions of Site Plan Approval. The HIA assessed the three buildings and found that only 142 Victoria Street South had heritage value, meeting 1 out of 9 criteria of Ontario Regulation 9/06, used to evaluate the cultural heritage value of the buildings. However, due to the recent changes brought about by Bill 23 to the Ontario Heritage Act, 142 Victoria Street South would not be a candidate for designation, as any property must now meet two or more criteria to be considered for designation. The building could remain listed as a non -designated property of cultural heritage value on the City's Municipal Heritage Register until January 1, 2025, after which it will be de -listed and cannot be put back on the Register for the next five (5) years, i.e. - January 1, 2030. Due to the conclusions of the cultural heritage evaluation of all three buildings, and with 142 Victoria Street South not meeting the criteria needed for designation under Part IV of the Ontario Heritage Act, the HIA recommends demolition as Page 146 of 399 the preferred option, with conservation through documentation including measured drawings, photographic documentation, and reuse/salvage of materials and elements including the date stone and front entrance and other building materials such as bricks in interior common spaces, and documenting with plaquing and signage. In addition, a photographic curtain wall is proposed to represent 142 Victoria Street South in the building elevation of the new development as a commemorative feature. Through the review process, the applicant worked with planning and heritage staff to improve the built form. Through this process staff and the applicant explored options which would have resulted in retention of the fagade in situ, however this solution did not support the overall design of the podium, and desired ability to activate the street line fagade. Heritage Planning staff are supportive of the revised development plans and note that comments provided by staff have been incorporated into the overall design. The option included in the Addendum to the Urban Design Brief (Appendix `F') is the preferred option from a heritage commemoration perspective. Holding Provisions Policy 17.E.13.1. of the City of Kitchener Official Plan requires that Holding Provisions be applied in situations where it is necessary or desirable to zone lands for development or redevelopment in advance of the fulfillment of specific requirements and conditions, and where the details of the development or redevelopment have not yet been fully resolved. A Holding provision may be used in order to implement the Official Plan to ensure that certain conditions, studies or requirements related to a proposed Zoning By-law Amendment are met. A Holding Provision is proposed to be applied to residential uses and will not be removed through a by-law amendment until such time as a Record of Site Condition has been acknowledged by the Province, an updated Stationary Noise Study has been reviewed and approved by the Region of Waterloo, and an updated noise and vibration report has been reviewed and approved to the satisfaction of CN. Proposed Official Plan Amendment and Conclusions The proposed high-rise, high-density mixed-use development is appropriate in the Urban Growth Centre. Policies support a compact urban form that encourages walking, cycling and the use of transit, by providing a mix of land uses in close proximity to transit stops, to support higher frequency transit service and optimize transit rider convenience. These policies also support developments which foster walkability by creating safe and comfortable pedestrian environments and a high-quality public realm. Staff is of the opinion that the proposed development will help to increase density in an area well served by nearby rapid transit. The building and development will contribute to a high quality public realm. Through the Site Plan Approval process, the applicant will be required to make parkland dedication. The Official Plan Amendment proposes that the land use designation be changed from `Mixed Use' to `Mixed Use with Site Specific Policy Area 7' to permit a Floor Space Ratio (FSR) of 13.7. Based on the above -noted policies and planning analysis, staff is of the opinion that the proposed Official Plan Amendment represents good planning and recommends that the proposed Official Plan Amendment be approved in the form shown in Appendix "A". Page 147 of 399 Proposed Zoning By-law Amendment (Zoning By-law 85-1 and 2019-051): The subject lands are zoned `Low Intensity Mixed Use Corridor Zone (MU -1) with Special Regulation Provisions 1 R and 525R' (130 and 142 Victoria Street South, and `Low Intensity Mixed Use Corridor Zone (MU -1) with Special Regulation Provisions 1 R and 525R and Special Use Provisions 401 U' (138 Victoria Street South) in Zoning By-law 85-1. The existing zoning permissions: • Permit a range of permitted uses, including Multiple Dwellings and a wide range of commercial and institutional uses. • Allow a maximum building Floor Space Ratio (FSR) of 2.0. • Permit a maximum building height of 13.5 metres. • Require 1 parking space for each dwelling unit over 51 square metres of floor area and 0.165 parking spaces for dwelling units having a floor area of 51.0 square metres or less (capped at 40% of the dwelling units). • Special Use Provision 401 U prohibits the development of sensitive uses until a Record of Site Condition has been completed. • Special Regional Provision 1 R identifies that the lands are regulated by the Grand River Conservation Authority. • Special Regulation Provision 525R permits a reduced lot width, and reduced building setback for existing buildings. The applicant has requested an amendment to remove the lands from Zoning By-law 85-1 and to zone them to `Mixed -Use Three Zone (MIX -3) with Site Specific Provision 374 and Holding Provision 50H' in Zoning By-law 2019-051. The proposed Site -Specific Provision is to permit an increased Floor Space Ratio (FSR), regulate building setbacks and to permit parking to be provided in accordance with the rates of the Urban Growth Centre. Official Plan policies indicate that where special zoning regulations are requested for residential intensification or a redevelopment of lands, the overall impact of the site- specific zoning regulations will consider compatibility with existing built form; appropriate massing and setbacks that support and maintain streetscape and community character; appropriate buffering to mitigate adverse impacts, particularly with respect to privacy; avoidance of unacceptable adverse impacts by providing appropriate number of parking spaces and an appropriate landscaped/amenity area. The applicant is seeking to establish a new Site -Specific Provision (374) in Zoning By-law 2019-051 to provide site-specific development standards for the proposed development. Proposed regulations are below: a) the minimum setback to Bramm Street shall be: i. 2.75 metres for the ground floor. ii. 0.0 metres for storeys above the ground floor. b) the minimum setback to Victoria Street South shall be 0 metres. c) the minimum street line stepback from Bramm Street shall be 2.5 metres. The `MIX -3' zone typically requies a 1.5 metre setback and that towers be stepped back 3.0 metres from the base. Regulation a) implements an increased ground floor setback along Page 148 of 399 Bramm Street to provide for a pedestrian space at grade, and permits a reduced setback for upper floors to 0.0 metres. Reguation b) permits a 0.0 metre setback to Victoria Street South for the podium. Regualtion c) would permit the tower along Bramm Street to stepback 2.5 metres rather than 3.0 metres. Based on the proposed development concept staff is satisfied that the proposed setbacks and stepbacks are appropriate. The setbacks to Bramm Street provide an appropriate pedestiran realm and streetscape, with the buiding providing a weather protecteted overhang. This design and public access will be further secured and articulated through the site plan approval process. A road widening of about 3.0 metres will be dedicated to the Region of Waterloo for Victoria Street South at the Site Plan stage and will increase the width of right-of-way, which will provide wider sidewalks than those that exist today. The Region of Waterloo has not scheduled expansions or reconstruction of this section of Victoria Street South in the near term. The Region of Waterloo will also require a corner visability triangle on the corner of the site to ensure adequate visibility for vehicles, cyclists, and pedestrians. Further, the corner of the site is designed to accommdoate for the residential lobby. The ground floor is setback to accommodate for corner visibiltiy and provides a weather protected overhang along the street which will enhance the streetscape. Staff are of the opinon that the requested regulations are appropriate. d) the minimum interior side yard setback shall be: i. 0 metres for any part of the building not exceeding 11 metres in height ii. 4.0 metres for any part of the building exceeding 11 metres in height. The purpose of regulation d) is to permit the base of the building, proposed to contain commercial and office uses to be constructed to the property line, with units on upper floors to be setback a minimum of 4.0 metres to allow for terraces and stepback for residential floors. The developer of the subject lands and the adjacent lands have coordinated their developments in order to provide for a continuous commercial street edge at grade. Air rights have been negotiated between the property owners for upper stories to provide to minimum distance separations and tower setbacks to ensure the intent of the City's Tall Building Gudelines is maintained. e) the minimum rear yard setback shall be 0 metres. The purpose of regulation e) is to permit the building to be setback 0 metres to the private rear lane. This lane is part of adjacent lands, and a legal right-of-way has been approved by the Committee of Adjustment providing for access. Staff is of the opinoin that no purpose is served by maining a 7.5 metre setback to the laneway, and that a 0.0 metre setback will allow for efficient and effective use of the lands. f) the maximum building height shall be 80.0 metres. g) the maximum Floor Space Ratio (FSR) shall be 13.7. The purpose of regulations f) and g) is to establish a maximum height and density standards based on the proposed development concept to permit a maximum building height of 80 metres (approximately 25 storeys) and a maximum Floor Space Ratio of 13.7. Page 149 of 399 This represents a requested increase from the typical maximum of 10 storeys and 32 metres and maximum Floor Space Ratio of 5.0 permitted in the proposed base `MIX -3' zone. Staff is of the opinion that the development concept is an appropriate built form for the subject lands, and that the proposed tower meets the intent of the City's Tall Building Guidelines. As discussed in the OPA, staff are of the opinion that the proposed density and building height are appropriate for the use of the subject lands. h) the minimum amount of non-residential gross floor area shall be 5%. The purpose of regulation h) is to establish a required minimum for non-residential (retail/commerical) space for the development. This represents a decrease from the typical minimum of 20% of floor area required to be non-residential in the base `MIX -3' zone. Staff acknowldge that viability for non-residential space is typically along the street front on the ground floor level where it is visible to foot traffic. Staff are of the opinion that the proposed 1,150 square metres of non-residential space on the ground and second floors will achieve the City's objective in promoting a compatible mix of uses within the same building and provide commercial, office and service opportunities to the surrounding neighbourhood. i) parking and bicycle parking shall be provided in accordance with the required rates as provided for UGC Zones in Table 5-5. The purpose of regulation i) is to provide for a parking rate which is appropriate for the development. The lands are designated Urban Growth Centre - Mixed Use. Urban Growth Centre (UGC) zones have not yet been created in Zoning By-law 2019-051, however Parking Regulations contained in Section 5 provide a specific Urban Growth Centre (UGC) parking ratio, which permits zero parking be provided for most uses including multiple residential dwellings. This parking ratio implements Official Plan policies that provide for reduced parking rates in support of, and in recognition, of active transportation and transit availability in intensification areas. The UGC parking rates also require 1 Class A bicycle parking space (long-term secure and weather protected e.g. bike room) per unit as well as Class B bicycle parking (short- term secure (outdoor bike rack)). This rate exceeds the 0.5 bicycle parking spaces per dwelling unit required in a Mixed Use Zone. In addition, 20% of the parking which is provided must be electric vehicle ready. The subject building has been designed with a below grade parking structure to accommodate 27 parking spaces, including 3 barrier free spaces which exceeds minimum requirements in order to enhance access for those attending the site with barrier free parking needs. In addition, three short-term loading and delivery spaces are provided off of the private laneway, including one which can accommodate a garbage truck/moving vehicle, and two which can accommodate delivery vans and contractor's vehicles. Further, there are several short and longer term pay parking options available in various parking lots and garages throughout the downtown. Planning and Transportation Services staff is of the opinion that given the location in the UGC it is appropriate to apply the UGC parking rate to the subject lands. Page 150 of 399 j) geothermal wells are prohibited on site. A geothermal well is a well defined as a vertical well, borehole or pipe installation used for geothermal systems, ground -source heat pump systems, geo-exchange systems or earth energy systems for heating or cooling; including open -loop and closed-loop vertical borehole systems. A geothermal well does not include a horizontal system where construction or excavation occurs to depths less than five metres unless the protective geologic layers overlaying a vulnerable aquifer have been removed through construction or excavation." The purpose of regulation j) is to prohibit a geothermal well on site. This regulation was requested by the Region of Waterloo to acknowledge potential contamination on site and to ensure no adverse effects are caused by a geothermal well on site. City staff do not have concerns with the requested prohibition on geothermal wells on site. Holdinq Provision 50H Official Plan policies permit holding provisions to be applied in those situations where it is necessary or desirable to zone lands for development or redevelopment in advance of the fulfillment of specific requirements and conditions, and where the details of the development or redevelopment have not yet been fully resolved. The City will enact a by- law to remove the holding symbol when all the conditions set out in the holding provision have been satisfied, permitting development or redevelopment in accordance with the zoning category assigned. Planning staff is recommending that a Holding Provision, in accordance with Regional comments and requirements, be applied to the zoning of the subject lands. The proposed Holding Provision will restrict residential uses until: • a Record of Site Condition has been completed; and • a detailed transportation (road & rail), vibration and stationary noise study has been completed and mitigation measures have been implemented to the satisfaction of the Region of Waterloo and CN. Staff note that the Holding Provision will replace Special Use Provision 401 U and applies to the entirety of the subject lands. Proposed Zoning By-law Amendment Conclusions Staff is of the opinion that the proposed Zoning By-law Amendment to change the zoning of the subject lands to `Mixed -Use Three Zone `MIX -3 with Site Specific Provision 374 and a new Holding Provision 50H' in Zoning By-law 2019-051 represents good planning as it will facilitate the redevelopment of the lands with mixed use development that is compatible with the existing neighbourhood, which will activate the street, increase the supply of housing, and provides an appropriate parking rate. Staff are supportive of the proposed development and recommend that the proposed Zoning By-law amendment be approved as shown in Appendix "B". Department and Agency Comments: Circulation of the Official Plan Amendment and Zoning By-law Amendment was undertaken in April 2022 to all applicable City departments and other review authorities. No major concerns were identified by any commenting City department or agency and any Page 151 of 399 necessary revisions and updates to plans and supporting documentation were made. Copies of the comments are found in Appendix'D' of this report. The following Reports and Studies were considered as part of this proposed Official Plan Amendment and Zoning By-law Amendment: • Planning Justification Report Prepared by: Arcadis/IBI Group (December 21, 2021, updated June 14, 2023) • Urban Design Brief Prepared by: Arcadis/IBI Group (December 23, 2021, updated June 14, 2023) • Shadow Study Prepared by: Core Architects (December 17, 2021) • Architectural Package Prepared by Core Architects (December 17, 2021, updated June 30, 2023) • Transportation Impact Study, Parking Study & Transportation Demand Management Plan Prepared by: Paradigm Transportation Solutions Limited (Dec 2021, updated May 2023) • Phase II Environmental Site Assessment Prepared by JFM Environmental Limited (March 30, 2022) • Environmental Noise Feasibility Assessment Prepared by: Gradient Wind Engineers & Scientists (March 23, 2022) • Functional Grading and Servicing Plans Prepared by: Walter Fedy (November 30, 2021, updated May 24, 2023) • Preliminary Geotechnical and Hydrogeological Investigation Prepared by: Chung & Vander Doelen (January 24, 2022) • Functional Servicing and Stormwater Management Report Prepared by: Walter Fedy (November 30, 2021, updated May 31, 2023) • Heritage Impact Assessment Prepared by: LHC Heritage Planning & Archaeology (Dec 2021, updated May 31, 2023) • Energy Strategy Report Prepared by: Design Works Engineering (December 10, 2021) • Preliminary Sustainability Statement Prepared by: IBI Group (December 20, 2021) • Pedestrian Level Wind Study Prepared by: Gradient Wind Engineers & Scientists (November 30, 2021) • Topographic Survey Page 152 of 399 Prepared By: J.D. Barnes Limited (June 12, 2021) Landscape and Streetscape Plan Prepared by: Studio TLA (October 27, 2021, updated May 12, 2023) Community Input & Staff Responses iTiTw7,1&YiTiV* is 725 addresses (occupants and property owners) were circulated and notified 14 people/households/businesses provided comments (���,� A City -led Neighbourhood Meeting was held on July 18, 2022 and ivl, j�� 25 different users logged on Staff received written responses from 14 residents and businesses and the Victoria Park Neighbourhood Association with respect to the proposed development. These are included in Appendix `E'. A Neighbourhood Meeting was held on July 18, 2022. In addition, staff had follow up one-on-one correspondence with members of the public. A summary of what we heard, and staff responses are noted below. What We Heard Staff Comment Concern that units are not sized The City of Kitchener does not regulate number of to accommodate for larger bedrooms; however, based on feedback the household sizes. applicant has increased the range of units to include a mix as follows: 61 - bachelor units (24%) 79 — one -bedroom units (32%) 12 - one -bedroom plus den units (5%) 28 — two-bedroom units (11 %) 44 — two-bedroom plus den units (18%) 25 — three-bedroom units (10%) Staff note that more than 25% of units are proposed to be two-bedroom plus den or three-bedroom, which is a substantial increase from only 5% in the original proposal of 13 two-bedroom plus den and 0 three-bedroom). Page 153 of 399 Concerns the proposed A Traffic Impact Study (TIS) was submitted and development will create traffic reviewed by City and Regional Transportation staff that existing roads can not who did not identify any major traffic concerns as a handle. result of the proposed development. Given that only about 27 parking spaces and 3 loading/delivery spaces are proposed very little traffic will be generated by the subject development. Tall buildings should not be The proposed building height of 25 storeys is allowed outside of the downtown consistent with other tower developments that have and is not appropriate in the been constructed or approved along Victoria Street neighbourhood. South. Staff have evaluated the impacts of building height such as shadow impacts, wind, and transition to low rise residential lands and consider them to be acceptable for a development of this type. The tall building will cast A Shadow Study has been submitted and shadows on nearby homes. demonstrates that most shadows associated with the proposal are cast towards the Bramm Street Yards, the railway corridor and towards existing high-rise towers. Staff have reviewed the study and are satisfied the shadow study meets the City's requirements as related to shadow impacts and will have minimal impacts on low-rise residential properties south of Victoria Street South. Victoria Park and other nearby The subject site is located in proximity to City parks city owned parks are very busy including Victoria Park and Cherry Park which have and cannot accommodate capacity for additional residents. In addition, the additional residents. applicant is proposing to provide private amenity space on rooftop terraces on the podium. This space will include areas for socializing and dining and will include landscaping. In addition, the applicant is proposing streetscape enhancements along both Victoria Street South and Bramm Street which will be further determined through a future site plan process. The parkland dedication requirement for this submission and will be assessed at the time of Site Plan Approval and will be subject to the Parkland Dedication Policy in effect. Not enough parking is being The subject site is located in the Downtown or Urban provided, with a particular lack of Growth Centre (UGC) and policies prioritize transit, barrier free parking and short cycling and walking, rather than provision for private term deliveries and drop-offs. vehicles. This is reflected in the existing UGC parking regulations which require no minimum parking. Staff recommend that the UGC parking rate be applied to the subject lands. The applicant is Page 154 of 399 Planning Conclusions In considering the foregoing, staff are supportive of the proposed Official Plan Amendment and Zoning By-law Amendment Applications to permit the development of a mixed-use development at 130-142 Victoria Street South. Staff is of the opinion that the subject applications are consistent with policies of the Provincial Policy Statement (2020), conform to Growth Plan for the Greater Golden Horseshoe, the Regional Official Plan, and the City of Kitchener Official Plan and represent good planning. Planning staff are recommending that the applications be approved. ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN: The recommendation of this report supports the achievement of the City's strategic vision through the delivery of core service. FINANCIAL IMPLICATIONS: There are no financial implications associated with this recommendation. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Council / Committee meeting. Large billboard signs were posted on the property and information regarding the application was posted to the City's website in April of 2022. Following the initial circulation referenced below, an additional postcard advising of the statutory public meeting was circulated to all residents and property owners within 240 metres of the subject lands, and those responding to the preliminary circulation. Notice of the Statutory Public Meeting was also posted in The Record on August 25, 2023 (a copy of the Notice may be found in Appendix `C'). CONSULT — The proposed Official Plan Amendment and Zoning By-law Amendment were circulated to residents and property owners within 240 metres of the subject lands on April Page 155 of 399 proposing to provide 27 parking spaces and 3 of which are proposed to be reserved as Barrier Free Spaces (which is about 3x more than minimum requirement). In addition, 2 short-term delivery spaces and 1 full size loading space are provided with at grade access via a private laneway, which will reduce the need for such vehicles to stop on adjacent streets. Affordable Units should be This development is not receiving affordable housing provided. sponsorship. A mix of unit types and unit sizes are proposed. The two- and three- bedroom units could offer a more affordable rent option for future tenants who could share the cost -of -living accommodations. What are the future plans for the At this time, specific development plans for the Bramm Yards? Bramm Yards, which is currently used as a surface parking facility, have not been developed. Planning Conclusions In considering the foregoing, staff are supportive of the proposed Official Plan Amendment and Zoning By-law Amendment Applications to permit the development of a mixed-use development at 130-142 Victoria Street South. Staff is of the opinion that the subject applications are consistent with policies of the Provincial Policy Statement (2020), conform to Growth Plan for the Greater Golden Horseshoe, the Regional Official Plan, and the City of Kitchener Official Plan and represent good planning. Planning staff are recommending that the applications be approved. ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN: The recommendation of this report supports the achievement of the City's strategic vision through the delivery of core service. FINANCIAL IMPLICATIONS: There are no financial implications associated with this recommendation. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Council / Committee meeting. Large billboard signs were posted on the property and information regarding the application was posted to the City's website in April of 2022. Following the initial circulation referenced below, an additional postcard advising of the statutory public meeting was circulated to all residents and property owners within 240 metres of the subject lands, and those responding to the preliminary circulation. Notice of the Statutory Public Meeting was also posted in The Record on August 25, 2023 (a copy of the Notice may be found in Appendix `C'). CONSULT — The proposed Official Plan Amendment and Zoning By-law Amendment were circulated to residents and property owners within 240 metres of the subject lands on April Page 155 of 399 21, 2022. In response to this circulation, staff received written responses from 14 members of the public, which are summarized as part of this staff report and attached in Appendix `E'. Planning staff also had one-on-one conversations with residents on the telephone and responded to emails. PREVIOUS REPORTS/AUTHORITIES: • Planning Act, R.S.O. 1990, c. P.13 • Growth Plan, 2020 • Provincial Policy Statement, 2020 • Regional Official Plan • City of Kitchener Official Plan, 1994 • City of Kitchener Zoning By-law 85-1 REVIEWED BY: Tina Malone -Wright— Interim Manager of Development Review, Planning Division APPROVED BY: Justin Readman — General Manager, Development Services ATTACHMENTS: Appendix A — Proposed Official Plan Amendment Appendix B — Proposed Zoning By-law Amendment Appendix C — Newspaper Notice Appendix D — Department and Agency Comments Appendix E — Public Comments Appendix F — Addendum to Urban Design Brief dated December 23, 2021, 130-142 Victoria Street South, Kitchener Page 156 of 399 Attachment "A" Proposed Official Plan Amendment AMENDMENT NO. ## TO THE OFFICIAL PLAN OF THE CITY OF KITCHENER CITY OF KITCHENER 130 - 142 Victoria Street South Page 157 of 399 INDEX SECTION 1 SECTION 2 SECTION 3 SECTION 4 APPENDICES APPENDIX 1 APPENDIX 2 APPENDIX 3 AMENDMENT NO. ## TO THE OFFICIAL PLAN OF THE CITY OF KITCHENER CITY OF KITCHENER 130 - 142 Victoria Street South TITLE AND COMPONENTS PURPOSE OF THE AMENDMENT BASIS OF THE AMENDMENT THE AMENDMENT Notice of the Meeting of Planning and Strategic Initiatives Committee of September 18, 2023 Minutes of the Meeting of Planning and Strategic Initiatives Committee — September 18, 2023 Minutes of the Meeting of City Council - DATE Page 158 of 399 Attachment "A" Proposed Official Plan Amendment AMENDMENT NO. ## TO THE OFFICIAL PLAN OF THE CITY OF KITCHENER## SECTION 1 — TITLE AND COMPONENTS This amendment shall be referred to as Amendment No. ## to the Official Plan of the City of Kitchener (2014). This amendment is comprised of Sections 1 to 4 inclusive. SECTION 2 — PURPOSE OF THE AMENDMENT The purpose of the Official Plan Amendment is to amend the Official Plan by adding Site Specific Policy Policy Area 7 to Map 4 - Urban Growth Centre (Downtown) and by adding associated Site Specific Policy Area 15.D.2.70 to the text of the Official Plan. SECTION 3 — BASIS OF THE AMENDMENT Planning Analysis Planning Act, R.S.O. 1990, c. P.13 25. Section 2 of the Planning Act establishes matters of provincial interest and states that the Minister, the council of a municipality, a local board, a planning board and the Tribunal, in carrying out their responsibilities under this Act, shall have regard to, among other matters, matters of provincial interest such as, d) The conservation of features of significant architectural, cultural, historical, archaeological or scientific interest; f) The adequate provision and efficient use of communication, transportation, sewage and water services and waste management systems; g) The minimization of waste; h) The orderly development of safe and healthy communities; j) The adequate provision of a full range of housing, including affordable housing; k) The adequate provision of employment opportunities; p) The appropriate location of growth and development; q) The promotion of development that is designed to be sustainable, to support public transit and to be oriented to pedestrians; r) The promotion of built form that, (i) Is well-designed, (ii) Encourages a sense of place, and (iii) Provides for public spaces that are of high quality, safe, accessible, attractive and vibrant; s) The mitigation of greenhouse gas emissions and adaptation to a changing climate. These matters of provincial interest are addressed and are implemented through the Provincial Policy Statement, 2020. The City's Official Plan is the most important vehicle for the implementation of the Provincial Policy Statement, 2020 and to ensure Provincial policy is adhered to. Page 159 of 399 Attachment "A" Proposed Official Plan Amendment The Ministry of Municipal Affairs and Housing is proposing an integrated province -wide land use planning policy document, potentially replacing the Provincial Policy Statement and A Place to Grow: Growth plan for the Greater Golden Horseshoe, with a singular Provincial Planning Statement (PPS) which is in draft form and not in effect at the time this report was prepared. Provincial Policy Statement, 2020: The Provincial Policy Statement (PPS) provides policy direction on matters of provincial interest related to land use planning and development. Section 1.4.3(b) of the PPS promotes all types of residential intensification, and sets out a policy framework for sustainable, healthy, liveable and safe communities. The PPS promotes efficient development and land use patterns, as well as accommodating an appropriate mix of affordable and market-based residential dwelling types with other land uses, while supporting the environment, public health and safety. Provincial policies promote the integration of land use planning, growth management, transit -supportive development, intensification, and infrastructure planning to achieve cost-effective development patterns, optimization of transit investments, and standards to minimize land consumption and servicing costs. To support provincial policies relating to the optimization of infrastructure, transit and active transportation, the proposed designation and zoning facilitate a compact form of development which efficiently uses the lands, is in close proximity to transit options including bus and rapid transit and makes efficient use of both existing roads and active transportation networks. The lands are serviced and are in proximity to parks, trails and other community uses. Provincial policies are in support of providing a broad range of housing. The proposed mixed use development represents market-based housing. Planning staff is of the opinion that the proposed applications will facilitate the intensification of the subject property with a high intensity mixed-use development that is compatible with the surrounding community, helps manage growth, will contribute to a complete community, is transit -supportive and will make use of the existing infrastructure. No new public roads would be required for the proposed development and Engineering staff have confirmed there is capacity in the sanitary sewer to permit intensification on the subject lands. Based on the foregoing, staff is of the opinion that this proposal is in conformity with the PPS. A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 (Growth Plan): The Growth Plan supports the development of complete and compact communities that are designed to support healthy and active living, make efficient use of land and infrastructure, provide for a range and mix of housing types, jobs, and services, at densities and in locations which support transit viability and active transportation. Policies of the Growth Plan promote growth within strategic growth areas including major transit station areas, in order to provide a focus for investments in transit and other types of infrastructure. 4 Page 160 of 399 Attachment "A" Proposed Official Plan Amendment Policy 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. Policy 2.2.3 requires that Urban Growth Centres be planned to accommodate significant population growth with a minimum density target of 200 residents and jobs per hectare. Policy 2.2.4 requires that planning be prioritized for MTSAs on priority transit corridors, including zoning in a manner that implements the policies of the Growth Plan. MTSAs on priority transit corridors will be planned for a minimum density target of 160 residents and jobs combined per hectare for those that are served by light rail transit or bus rapid transit. The Region of Waterloo's ION is a form of light rail transit and the ION stations are Major Transit Station Areas (MTSAs) that are required to achieve the minimum density target of 160 residents and jobs combined per hectare. 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. The subject lands are located within the delineated built up area, and within the Urban Growth Centre and Central Station Major Transit Station Area. The proposed development represents intensification and will help the City achieve density targets in the UGC and MTSA. The proposed designation and zoning will support a higher density housing option that will help make efficient use of existing infrastructure, parks, roads, trails, and transit. Planning staff is of the opinion that the applications conform to the Growth Plan. Page 161 of 399 Attachment "A" Proposed Official Plan Amendment Regional Official Plan (ROP): Urban Area policies of the ROP identify that the focus of the Region's future growth will be within the Urban Area. The subject lands are designated Built -Up Area in the ROP and are within the Central Station Major Transit Station Area (MTSA) and the Urban Growth Centre (UGC). MTSAs and UGCs are appropriate locations for intensification. The proposed development conforms to Policy 2.D.1 and 2.D.2 of the ROP as this development provides for the physical infrastructure and community infrastructure to support the proposed mixed use development, including transportation networks, municipal drinking -water supply and wastewater systems, and a broad range of social and public health services. Regional policies require Area Municipalities to plan for a range of housing in terms of form, tenure, density and affordability to satisfy the various physical, social, economic and personal support needs of current and future residents. The Region of Waterloo have indicated they have no objections to the proposed applications or to higher density on the subject lands (Appendix `D'). Planning staff are of the opinion that the applications conform to the Regional Official Plan. City of Kitchener Official Plan (OP) The City of Kitchener OP provides the long-term land use vision for Kitchener. The vision is further articulated and implemented through the guiding principles, goals, objectives, and policies which are set out in the Plan. The Vision and Goals of the OP strive to build an innovative, vibrant, attractive, safe, complete and healthy community. Complete Communi A complete community creates and provides access to a mix of land uses including, a full range and mix of housing, including affordable housing, recreation, commerce, community and cultural facilities, health care facilities, employment, parks and open spaces distributed and connected in a coherent and efficient manner. A complete community also supports the use of public transit and active transportation, enabling residents to meet most of their daily needs within a short distance of their homes. Kitchener will be planned as a complete community that creates opportunities for all people to live, work and interact within close proximity. Planning for a complete community will aid in reducing the cost of infrastructure and servicing, encourage the use of public transit and active modes of transportation, promote social interaction, and foster a sense of community. The applicant is proposing to contribute to a complete community with 249 residential units and 1,150 square metres of non-residential commercial and office space. Considerable thought for the orientation and placement of the building, podium heights, building step backs, and vehicular and pedestrian connections to Victoria Street South and Bramm Street have been incorporated into the design for this high intensity mixed use development. Urban Structure The Official Plan establishes an Urban Structure for the City of Kitchener and provides policies for directing growth and development within this structure. Intensification Areas are targeted throughout the Built-up Area as key locations to accommodate and receive the majority of development or redevelopment for a variety of land uses. Primary Page 162 of 399 Attachment "A" Proposed Official Plan Amendment Intensification Areas include the Urban Growth Centre, Major Transit Station Areas, Nodes and Corridors, in this hierarchy, according to Section 3.C.2.3 of the Official Plan. The subject lands are located within the Urban Growth Centre (UGC), which is the city's primary focal point for intensification. Staff is of the opinion that the proposed Official Plan Amendment will support a development that complies with the City's policies of the UGC and also contributes to the vision for a complete and healthy city. Land Use Designation — Urban Growth Centre - Mixed Use The subject lands are designated 'Urban Growth Centre - Mixed Use' (Map 4) of the Official Plan (2014). The Urban Growth Centre is planned to achieve a minimum density of 225 residents and jobs per hectare and is planned to accommodate a significant share of the city's population growth. Policies of the Urban Growth Centre support reduced parking rates where they are supported by Transportation Demand Management (TDM) measures, and parking designs that locate/screen parking from view of the public realm and discourage new surface parking lots. Priority is given to pedestrian, cycling and transit over vehicular circulation and accommodation. Development is required to have regard for and contribute to the public realm, and high quality urban design is expected. The Mixed Use land use designation permits a broad range of uses at different scales and intensities. Policies of the Mixed Use designation encourage developments to achieve a high standard of urban design, and to be pedestrian -oriented and human - scaled in order to positively contribute to the public realm. Developments are required to be compatible with surrounding areas, be transit -supportive and cycling and pedestrian - friendly. Over time it is intended that the Mixed Use areas shall intensify and provide a balanced distribution of commercial, multiple residential and institutional uses. Consideration of the policies of the Urban Growth Centre- Mixed Use designation are provided below. The applicant is proposing to add Site Specific Policy 15.D.2.70 to allow a maximum Floor Space Ratio (FSR) of 13.7 whereas the current Official Plan policies allow for a maximum FSR of 5.0 for developments which provide for below - grade parking. PARTS Central Plan The subject lands are located within the PARTS Central Plan which is a guiding document for land uses within and around rapid transit station stops. The PARTS Central Plan made recommendations for amendments to the Official Plan designations within MTSAs, which have not yet been implemented. Some of the primary recommendations are to encourage the development of underutilized sites with higher density live -work environments and to increase housing supply with multi -unit residential while protecting existing stable neighbourhoods. The subject lands were identified as High Density Mixed Use in the PARTS Central Plan. The proposed development provides for a higher density housing option and the proposed amendment is in keeping with the PARTS Central vision for development. Neighbourhood Planning Review (NPR) The subject lands are not within an NPR area as they are located within the designated Urban Growth Centre. Page 163 of 399 Attachment "A" Proposed Official Plan Amendment Growing Together The Growing Together project is the continuation of the City's ongoing planning review process that began with Planning Around Rapid Transit Station Areas and advanced through the Neighbourhood Planning Review (NPR) project, while also responding to new direction from the province, implementing the updated Regional Official Plan, and addressing new and emerging city priorities. The subject lands have been identified in the Growing Together: Draft Approach to Growth and Change as Strategic Growth Area - Four (SGA4) Zone which is contemplated to have no height or density limits, and no parking requirement. The proposed development aligns with the direction of Growing Together. Parkland The Proposed Development includes private indoor and outdoor rooftop amenity spaces for residents of the proposed development. The parkland dedication requirement for this submission and will be assessed at the time of Site Plan Approval and will be subject to the Parkland Dedication Policy in effect. Urban Design Policies of the Urban Growth Centre require high quality urban design for buildings, signage, and streetscapes to enhance street life and create local pride and interest and the City encourages innovation and architectural excellence in urban development. Further direction on contributing to high quality design for particular areas of the Urban Growth Centre (Downtown) is contained in the Urban Design Policies in Section 11 of the City's OP. In the opinion of staff, the proposed development meets the intent of these policies, specifically: Streetscape; Safety; Universal Design; Site Design; Building Design, and Massing and Scale Design. Streetscape — Both the Victoria Street South and Bramm Street frontages are activated by at -grade non-residential commercial units and the building's lobby. The commercial units and the building lobby have direct access to public sidewalks, and the building design incorporates a recessed ground floor along the Bramm Street frontage which enhances the pedestrian realm and provides a weather protected sidewalk along Bramm Street. This area will be secured as publicly accessible enhancement to the public street through the future site plan process. Safety — As part of the site plan approval process, staff will ensure Crime Prevention Through Environmental Design (CPTED) principles are achieved and that the site meets the Ontario Building Code and the City's Emergency Services Policy. Universal Design — The development will be designed to comply with Accessibility for Ontarians with Disabilities Act and the Ontario Building Code. Skyline — The proposed building will provide a new feature on the City's skyline. The proposed building will create visual interest from several different vantage points. Page 164 of 399 Attachment "A" Proposed Official Plan Amendment Site Design, Building Design, Massing and Scale — The subject site is designed to have a development that will be developed at a scale that is compatible with the existing and planned built form for the surrounding neighbourhood. The tower has a well defined podium and building step backs which helps enhance the public realm. Massing is broken up at the 6th 21 st, and 25th floors which mitigate overlook issues and shadow impacts. The tower placement has been oriented towards Victoria Street with massing broken up vertically by articulation and variation in building materials. Furthermore, balconies for the residential units are included on all elevations. Ground floor commercial units and residential lobby space are proposed which will further enhance and activate the streetscape. Tall Building Guidelines - The proposed development has been reviewed for compliance with the City's Design for Tall Buildings Guidelines. The objective of this document is to: • achieve a positive relationship between high-rise buildings and their existing and planned context; • create a built environment that respects and enhances the city's open space system, pedestrian and cyclist amenities and streetscapes; • create human -scaled pedestrian -friendly streets, and attractive public spaces that contribute to livable, safe and healthy communities; • promote tall buildings that contribute to the view of the skyline and enhance orientation, wayfinding and the image of the city; • promote development that responds to the physical environment, microclimate and the natural environment including four season design and sustainability; and, • promote tall building design excellence to help create visually and functionally pleasing buildings of architectural significance. The proposed development concept has been reviewed with these objectives in mind. City staff has confirmed that the proposed towers are generally consistent with and meet the overall intent of the City's Design for Tall Building Guidelines. Shadow Impact Study - The owner has completed a Shadow Impact Study in addition to the Urban Design Report. Staff have reviewed the study and are satisfied the shadow study meets the City's requirements, with respect to shadow impacts, as noted in the City of Kitchener Urban Design Manual. Wind Study - A wind study was prepared for the consideration of this development proposal and reviewed by staff. The wind conditions surrounding the proposed development are generally suitable. A full Wind Assessment be required and further reviewed at the site plan application stage based on the final design and wind control features will be required through the site plan approval, as necessary to mitigate wind. Staff is supportive of the development concept as provided for in the Addendum to Urban Design Brief (see Appendix `F') and recommend that Council endorse the Development Concept for implementation through the Site Plan review process. Page 165 of 399 Attachment "A" Proposed Official Plan Amendment Public Health and Safety Official Plan policies seek to minimize and mitigate land use conflicts between sensitive land uses and natural hazards, sources of noise and vibration, potential contamination, and aviation safety hazards. • A portion of the subject properties are in the flood fringe portion of a Two -Zone Floodplain policy area. Lands located in the flood fringe are developable, subject to a permit being issued by the Grand River Conservation Authority (GRCA). The GRCA has reviewed the subject applications and have no objections to the development proposal. • A Record of Site Condition is required prior to residential uses being permitted and a Holding Provision is recommended in this regard. • An Environmental Noise Feasibility Assessment was submitted in support of the applications to evaluate traffic, rail and stationary noise sources as well as rail vibration. The Region and CN Rail have reviewed the report and have requested that Holding Provisions be applied to the lands through the site-specific zoning to require completion of a detailed stationary noise study and updated rail noise and vibration assessment report prior to residential uses being permitted. • The subject lands are located outside of lands regulated by Transport Canada's Region of Waterloo International Airport Zoning Regulations (AZR). The owner may be required to submit Land Use Proposal Submission Forms to NAV CANADA and an Aeronautical Assessment Forms to Transport Canada to notify them of the location of the new tall building and any temporary cranes. Transportation Policies: The Official Plan supports an integrated transportation system which incorporates active transportation, allows for the movement of people and goods and promotes a vibrant, healthy community using land use designations and urban design initiatives that make a wide range of transportation choices viable. Policy 3.C.2.22 states that until such time as Station Area Plans are completed and the Official Plan is amended, any development application submitted within a Major Transit Station Area will be reviewed generally in accordance with the Transit -Oriented Development Policies included in Section 13.C.3.12. These policies support a compact urban form, that supports walking, cycling and the use of transit, by providing a mix of land uses in close proximity to transit stops, to support higher frequency transit service and optimize transit rider convenience. These policies also support developments which foster walkability by creating safe and comfortable pedestrian environments and a high-quality public realm. The proposed Official Plan Amendment and Zoning By-law Amendment applications support a high-density mixed-use development. The proposed building will result in a built form that fosters walkability within a pedestrian -friendly environment that allows walking and cycling to be safe, comfortable, barrier -free and a convenient form of urban travel. A Streetscape Plan has been prepared demonstrating that the design of the buildings will feature a high quality public realm which will contribute to the pedestrian experience along Bramm Street and Victoria Street South. This plan will be further implemented through the Site Plan review process. The subject lands are located in close proximity to the Central ION stop and the multi- modal transit hub. Bus transit is easily accessible with a stop for GRT Route 20 10 Page 166 of 399 Attachment "A" Proposed Official Plan Amendment available on Victoria Street South. The subject site has excellent access to walking and cycling trails, such as the Iron Horse Trail, Cherry Park Trail and the downtown cycling grid. The location of the subject lands, in the context of the City's integrated transportation system, supports the proposal for transit -oriented development on the subject lands. Secure and weather protected bicycle parking is required as part of the Zoning By-law and is proposed to be located in several bike rooms within the building. The Official Plan also includes policies which support reduced parking rates in support of active transportation and transit in intensification areas. The subject lands are located in the Urban Growth Centre which is the City's primary intensification area, and has good access to transit, the cycling network. The subject building has been designed with a below -grade parking structure to accommodate 27 parking spaces, including 3 barrier free spaces, and at grade short term loading/delivery spaces are provided off of the private laneway. The proposed development provides 1 secure and weather protected bike parking space per unit, and the proposed built form will contribute positively to the streetscape and enhance the pedestrian experience. Other TDM measures including unbundled parking, and transit information packages are also proposed. Staff is of the opinion that the proposed development will help to increase density in an area well served by nearby transit and rapid transit while being context sensitive to surrounding lands and provides excellent access to off-road pedestrian and cycling facilities. Housinq Policies: Section 4.1.1 of the City's Official Plan contains policies with the primary objective to provide for an appropriate range, variety and mix of housing types and styles, densities, tenure and affordability to satisfy the varying housing needs of our community through all stages of life. The development is contemplated to include a range of unit types including one, two and three bedroom units, and live -work units, which will appeal to a variety of household needs. Sustainable Development Section 7.C.4.1 of the City's Official Plan ensures developments will increasingly be sustainable by encouraging, supporting and, where appropriate, requiring: a) compact development and efficient built form; b) environmentally responsible design (from community design to building design) and construction practices; c) the integration, protection and enhancement of natural features and landscapes into building and site design; d) the reduction of resource consumption associated with development; and, e) transit -supportive development and redevelopment and the greater use of other active modes of transportation such as cycling and walking. Development applications are required to demonstrate that the proposal meets the sustainable development policies of the Plan and that sustainable development design standards are achieved. 11 Page 167 of 399 Attachment "A" Proposed Official Plan Amendment A Preliminary Sustainability Statement and Energy Report were submitted in support of the applications. Staff have reviewed the reports and find that the Official Plan and Zoning Bylaw Amendments can be supported as a number of sustainable measures have been proposed or are being considered for the development. These measures will be further detailed through the Site Plan Approval stage. Cultural Heritage Policies of the Official Plan seek to conserve cultural heritage resources. The property municipally addressed as 142 Victoria Street South (and located within the subject lands) is listed as a non -designated property of cultural heritage value or interest on the City's Municipal Heritage Register. The buildings at 130 and 138 Victoria are not considered to have heritage value. The subject lands are also located within the Warehouse District Cultural Heritage Landscape, a significant cultural heritage landscape as per the Kitchener Cultural Heritage Landscape Study (CHLS) which was prepared by The Landplan Collaborative Ltd and approved by Council in 2015. A Heritage Impact Assessment (HIA) was prepared and recommends demolition of the existing listed structure at 142 Victoria Street South. The HIA was considered by the Heritage Kitchener Committee at its June 7, 2022, meeting and does not require further consideration. The final approval of the HIA and the Salvage and Documentation Plan will be made conditions of Site Plan Approval. The HIA assessed the three buildings and found that only 142 Victoria Street South had heritage value, meeting 1 out of 9 criteria of Ontario Regulation 9/06, used to evaluate the cultural heritage value of the buildings. However, due to the recent changes brought about by Bill 23 to the Ontario Heritage Act, 142 Victoria Street South would not be a candidate for designation, as any property must now meet two or more criteria to be considered for designation. The building could remain listed as a non -designated property of cultural heritage value on the City's Municipal Heritage Register until January 1, 2025, after which it will be de -listed and cannot be put back on the Register for the next five (5) years, i.e. - January 1, 2030. Due to the conclusions of the cultural heritage evaluation of all three buildings, and with 142 Victoria Street South not meeting the criteria needed for designation under Part IV of the Ontario Heritage Act, the HIA recommends demolition as the preferred option, with conservation through documentation including measured drawings, photographic documentation, and reuse/salvage of materials and elements including the date stone and front entrance and other building materials such as bricks in interior common spaces, and documenting with plaquing and signage. In addition, a photographic curtain wall is proposed to represent 142 Victoria Street South in the building elevation of the new development as a commemorative feature. Through the review process, the applicant worked with planning and heritage staff to improve the built form. Through this process staff and the applicant explored options which would have resulted in retention of the fagade in situ, however this solution did not support the overall design of the podium, and desired ability to activate the street line fapade. Heritage Planning staff are supportive of the revised development plans and note that comments provided by staff have been incorporated into the overall 12 Page 168 of 399 Attachment "A" Proposed Official Plan Amendment design. The option included in the Addendum to the Urban Design Brief (Appendix `F') is the preferred option from a heritage commemoration perspective. Holdina Provisions Policy 17.E.13.1. of the City of Kitchener Official Plan requires that Holding Provisions be applied in situations where it is necessary or desirable to zone lands for development or redevelopment in advance of the fulfillment of specific requirements and conditions, and where the details of the development or redevelopment have not yet been fully resolved. A Holding provision may be used in order to implement the Official Plan to ensure that certain conditions, studies or requirements related to a proposed Zoning By- law Amendment are met. A Holding Provision is proposed to be applied to residential uses and will not be removed through a by-law amendment until such time as a Record of Site Condition has been acknowledged by the Province, an updated Stationary Noise Study has been reviewed and approved by the Region of Waterloo, and an updated noise and vibration report has been reviewed and approved to the satisfaction of CN. Proposed Official Plan Amendment and Conclusions The proposed high-rise, high-density mixed-use development is appropriate in the Urban Growth Centre. Policies support a compact urban form that encourages walking, cycling and the use of transit, by providing a mix of land uses in close proximity to transit stops, to support higher frequency transit service and optimize transit rider convenience. These policies also support developments which foster walkability by creating safe and comfortable pedestrian environments and a high-quality public realm. Staff is of the opinion that the proposed development will help to increase density in an area well served by nearby rapid transit. The building and development will contribute to a high quality public realm. Through the Site Plan Approval process, the applicant will be required to make parkland dedication. The Official Plan Amendment proposes that the land use designation be changed from `Mixed Use' to `Mixed Use with Site Specific Policy Area 7' to permit a Floor Space Ratio (FSR) of 13.7. Based on the above -noted policies and planning analysis, staff is of the opinion that the proposed Official Plan Amendment represents good planning and recommends that the proposed Official Plan Amendment be approved in the form shown in Appendix "A". SECTION 4 — THE AMENDMENT The City of Kitchener Official Plan is hereby amended as follows: a) Part D, Section 15.D.2. is amended by adding Site Specific Policy 15.D.2.70 as follows: "15.D.12.70. 130-142 Victoria Street South Notwithstanding the Mixed Use land use designation and policies within the Urban Growth Centre, on lands municipally known as 130-142 Victoria Street South, a Floor Space Ratio (FSR) of 13.7 will be permitted. 13 Page 169 of 399 Attachment "A" Proposed Official Plan Amendment A Holding provision pursuant to Section 17.E.13 will apply to residential uses. The Holding provision will not be removed until such time as: a) A Record of Site Condition has been acknowledged by the Province and a release has been issued by the Region. b) A detailed stationary noise study has been completed and implementation measures addressed to the satisfaction of the Regional Municipality of Waterloo. c) The City is in receipt of correspondence from CN indicating that an updated Noise and Vibration Assessment Report has been completed to their satisfaction, and that a CN Agreement, environmental easement for operational noise and vibration emissions, and a restrictive covenant regarding implementation and maintenance of noise isolation measures have been entered into, granted and registered, as may be required by CN." b) Amend Map No. 4 — Urban Growth Centre (Downtown) by adding Specific Policy Area "7. 130-142 Victoria Street South (Policy 15.D.2.70)" to the `Area of Amendment', as shown on the attached Schedule W. 14 Page 170 of 399 Attachment "A" Proposed Official Plan Amendment APPENDIX 1 NOTICE OF PUBLIC MEETING NOTICE OF PUBLIC MEETING for a development in your ne�ighbourhood 130-142 Victoria Stre�et South Concept Drawing Have Your Voice Heard! Planning& Strategic Initiatives Committee Date, September 18,20,23 Location,, Council Chambers, Kitchener City Hall 200 IKing, Street West, arVirtuai Zoom Meeting Go to kitchenerca/meetings Lind select 0, Current agendas ard reports (posted 10 days befbre rneetirip 0 Appear as a delegatiori 0 'watch a rneet 1 ng, To learn rn o re about thus project, i n,d� u d i ng Am Ib"Linforr'naflon (in your appeal rigid-fts, visit: i ", wi'tch ww.kenerca/ P.M P la nni ngAppI i1cati ons 0 0 or contact: e'rl Katie Anderl., Project Manager, Use k afle.a rid e rt(o) k itche rier.,ca 519.741.2200, x7987 rhe it of Kitchener will conslider appilicationis to amend the Official Plan and Zoning By-law to permit the lands at 130-142 Victoria Street South to be developed with a 2S -storey niixed use building that mould lMllUde 249 dwellin6l, units and 4, retail Units. F°heapplicant is proposingto amend the existing poficies,and regulations to increase the maxirniUrn Floor Space Ratio (F'SR)from 2.0 to 113.7, to increasethe maximum permitted bulildling, height from 115,metres to 80 metres, and to permit the proposal) tom use Urban Growth Centre Parking rates rather than, Mixed Use Corridor parking, rates. 15 Page 171 of 399 Attachment "A" Proposed Official Plan Amendment APPENDIX 2 Minutes of the Meeting of Planning and Strategic Initiatives Committee — September 18, 2023 16 Page 172 of 399 Attachment "A" Proposed Official Plan Amendment APPENDIX 3 Minutes of the Meeting of City Council - DATE 17 Page 173 of 399 Z O Q LU a0 0 Q� o o a ZZQ� �cn o04 \ Wa�W c0 NN z V a O H 0 U d 0^ Q m z H J Z U N L a YaZW O N �N F- LU W U "- ca N UND H z F O LLL L U �' 0) o Q �' 'D U) W ai d 0Z?� CO •c5 "-' D >, M c D LU 0"' -0 a) > - U � U z Q V Q = c X O D E Q O z W w Q L O a�co US o a O a W }'o z � ;•• o—� a Q �� U CID � Q= i i) z Q > Q JOLLI srrrrrrriou J ••• a ! ! a m >%z J " w n U z a i ... LL z LL o XXIO uU�n CO ��miynpNmu�� t 'n tl ggy�Ji M) C/>! Ji R 6 M� " ��d LO N cnN N n �•� p CN W co co O y 10, Ke�j p U) LU • U :� "4• Q wW: " o LJ W rte„ �•y". U Q 0 � U) 0 y N ,• (CD D ry (� C U O " ,� z • 2 LUQ O 00 04 lV a,M 04 NOTICE OF PUBLIC MEETING for a development in your neighbourhood 130-142 Victoria Street South Concept Drawing IIv4 iuX E"�t.ii 25 1 J s e St m eys r � � p a II Sri ", ii o o.i�. I3. Have Your Voice Heard! Planning & Strategic Initiatives Committee Date: September 18, 2023 Location: CouncilChanbrs, Kitchener Citi Hall 200, King Street West or,V'irtual Zoom Fleeting 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: Katie AnderL Project Manager katie.anderl@ kitchener.ca 519.741.2200 x7987 The City of Kitchener will consider applications to amend the Official Plan and Zoning By-law to permit the lands at 130-142 Victoria Street South to be developed with a 25 -storey mixed use building that would include 249 dwelling units and 4 retail units. The applicant is proposing to amend the existing policies and regulations to increase the maximum Floor Space Ratio (FSR) from 2.0 to 13.7, to increase the maximum permitted building height from 13.5 metres to 80 metres, and to ighq i7r&01 tW Urban Growth Centre Parking rates rather than Mixed Use Corridor parking rates. From: Pegah Fahimian Sent: Tuesday, July 11, 2023 1:33 PM To: Katie Anderl Subject: RE: Recirculation OPA/Zba 130-142 Victoria St Hi Katie, No concerns, they have greatly improved the design. Thanks for all your help and efforts. I have some detailed comments that could be addressed at the site plan stage. Thanks, Pegah Fahimian, B.Arch, M.Arch, MUD Senior Urban Designer/ Planning Division / City of Kitchener 519-741-2200 ext. 7342 / TTY 1-866-969-9994 P t„a_h If: a h i m ii n.2 k..i _n ir::ca. L�17 I lu ffl, From: Katie Anderl <IKatI_e_. n.derll..@.V<itc.hen ir._ca> Sent: Tuesday, July 11, 2023 12:25 PM To: Deeksha Choudhry <,Deekslha_._0houdl Ey lku.tclh ine ., a ; Pegah Fahimian <Ilga.lh.Ifhirroinikl.tnlmgir>; Taylor Stapleton <yllnir 5.ulto.rnIotlnrc>; MMohr <IMMohr regionofwaterlloo ca> ............... .............. ......... Cc: Lenore Ross <II.. mpr .I ss « Ike lhener.c >; 'Josh Graham' <J _raha_m.� rp.fyo_nnofwaterllc�_a ca.>; Niall Melanson <Mallll l _e.Ila_n_snn( kl.tn r mgU.na> Subject: RE: Recirculation OPA/Zba 130-142 Victoria St Hi Just wanted to follow up on my email below. Please let me know if you have any further comments regarding this proposal based on the resubmission. Thanks, Katie From: Katie Anderl Sent: Thursday, June 15, 2023 12:13 PM To: Deeksha Choudhry <,Deekslha_._0houdl Ey lku.tclh ine ., a>; Pegah Fahimian <{a.lh.Ifahirninikl.tnlmgir.a>; Steven Ryder <S.evein.Ryirelkltclheinir.ca>; Taylor Stapleton ............................_..._................................... Page 177 of 399 City of Kitchener Zone Change Comment Form Address: 130-142 Victoria St S Application: OPA/ZBA Comments Of: City of Kitchener — Urban Design- Planning Commenter's Name: Pegah Fahimian Email: Pegah.fahimian@kitchener.ca Phone: 519-741-2200 Ext. 7342 Date of Comments: May 25, 2022 ❑ I plan to attend the meeting (questions/concerns/comments for discussion) 0 No meeting to be held ❑ I do NOT plan to attend the meeting (no concerns) 1. Documents Reviewed: • Cover Letter • Urban Design Brief- IBI Group • Wind Study — GradientWind • Shadow Study- Core Architects • Site Plan, Elevations and Floor Plans- Core Architects 2. Site -Specific Comments & Issues: I have reviewed the documentation (as listed above) to support the official plan and Zoning By -Law for the properties located at 120, 138 and 142 Victoria Street South. The applicant is proposing to develop the subject lands with a 25 -story mixed-use development including 4 ground floor commercial units, second -floor space and 294 dwelling units. • The tall building design guidelines are an excellent compatibility test for proposals exceeding their zoning permissions. The proposal meets the tall building guidelines, specifically with regards to separation. • The proposed angled wall (chamfer) on the corner is not well integrated with the rest of the podium and has not been reflected in the tower design. There is an option to have a square design on the corner, marked by the main feature of the building. You may use the proposed chamfered entrance on the ground floor to accentuate the main entrance proposed on the corner. • The proposed corner treatment is to be further enhanced to create visual interest at the street edge. This could be achieved by special massing and architectural treatments on both streets to give prominence along the frontages and visually distinguish these sites. • This project should play a significant role in reinforcing the character of Victoria Street. There is a need for public art at the corner, well integrated into the architecture of the building, and suggest the following as options. o Public Art (sculpture, mural, digital) o Living wall (interior or exterior, but visible/prominent) o Enhanced architecture at the corner o Community -oriented space o Enhanced exterior lighting (colored, programmable, pattered, etc.) A City for Everyone Working Together — Growing Thoughtfully — Building Community IBaw S of 399 City of Kitchener Zone Change Comment Form Incorporate creative facade ideas on curtain wall with advanced exterior lighting that could help to control public flow and could improve the building design. Digital media facades make buildings tell stories and strike a perfect balance of aesthetic structures and illumination art (for example sustainable and digital technologies within the curtain wall, colour light -emitting diode or LED Display Video walls, Photometric system for 'interactive skin' to illuminate the screen after dark, Digitally printed fritted glass • The proposed towers should have unique top features that are architecturally excellent, highly visible and make a positive contribution to the image of Kitchener developing skyline. • Residential and commercial entrances should be clearly identified and offer access from both the public realm and the private parking side of the building. The use of natural or built canopies /cantilevers to enhance pedestrian refuge and define the public realm is encouraged • Confirmation must be provided that the proposal maintains daily access to S hours of cumulative direct sunlight to nearby sidewalks and open spaces under equinox conditions, beginning with the sidewalk located on the opposite side of adjacent ROWS. • The underground parking structure should have sufficient setback from the property lines to accommodate the necessary soil volume to support required large-statured, high canopy trees. Perimeter trees should not be located on the garage slab roof. Within the site, required tree plantings can be accommodated on the garage slab but will still require standard minimum soil volumes. 3. Comments on Submitted Documents The following comments should be addressed at this time. Urban Design Brief, IBI Group • Additional details to be provided for the pedestrian entrance, architectural style, elements, detailing and material selection. • Details of the streetscape are to be provided. Any streetscape elements proposed are to be reviewed and approved. • The property is located very close to the major transit station area, therefore the site should be designed to prioritize people, pedestrians and cyclists. • Wind assessment and Noise feasibility study required for outdoor amenity and the pedestrian realm. • The area between the building's face and the property line should be well integrated with the street and public realm to deliver high-quality and seamless private, semi -private and public spaces. • 3 -bed units are desirable as they provide more living space for families. A higher percentage of these units might help with community engagement. A City for Everyone Working Together — Growing Thoughtfully — Building Community Paaw g`2fM of 399 City of Kitchener Zone Change Comment Form Site Plan, Elevations and Floor Plans- Core Architects • Show ventilation and mechanical elements on the elevations. Incorporate unit vents into the facade design on all elevations to minimize their visibility. Locate visible elements to the rear wherever possible. • All utilities should be coordinated with the landscape design and with building elevations to provide a high-quality pedestrian experience with the site and from the public realm. Infrastructure should be located within the building in mechanical/electrical rooms and exterior connections located discretely and incorporate physical screens or landscape plating as required. Surface transformers or service connections visible from the public realm are not supported. Wind assessment and Noise feasibility study required for outdoor amenity and the pedestrian realm. • Wind Study - Pedestrian Level Wind Assessment - The submitted Preliminary Wind Study indicates less than ideal wind conditions at the northwest corner of the proposed development and within two regions across Bramm Street. To provide conditions suitable for sitting over most of the terrace during the summer, the proposed development will incorporate a tall wind barrier along the perimeter of the terrace in place of a standard height guard. A full Wind Assessment should be provided for review at the site plan application stage. A revised design proposal should be developed that addresses the wind impacts outlined in the submitted wind study. A City for Everyone Working Together — Growing Thoughtfully — Building Community City of Kitchener Heritage — OPA/ZBA Comment Form Project Address: 130-142 Victoria Street South File Number: OPA22/004/V/KA, ZBA22/006/V/KA Comments Of: Heritage Planning Commenter's Name: Deeksha Choudhry Email: deeksha.choudhry@kitchener.ca Phone: 519-741-2200 ext. 7291 Date of Comments: July 14, 2023 Heritage Planning staff have reviewed the updated revised plans that were submitted in support of this application and are generally supportive of the proposed development at this point. The comments provided by staff have been well -integrated into the overall design, and the option included with the proposed development would be the preferred option from a heritage commemoration perspective. Staff have also done a preliminary review of the HIA and are generally in agreement with the conclusions of the heritage evaluation of the existing building at 142 Victoria Street South, and with the conservation strategy. Staff can confirm that since the proposal is still to demolish 142 Victoria Street South, that the revised HIA will not need to go back to Heritage Kitchener Committee. Staff would like the applicant to consider the following, which will be dealt at the site plan process: - A salvage and documentation plan must be prepared prior to any demolition work taking place. According to the recommendation of the HIA, this would include photographic documentation, measures elevation drawings, photographic comparisons pre- and post - conditions, and photographic documentation while removal and/or demolition is taking place should be prepared. The Salvage and Documentation Plan should also include all the building elements the applicant intends to salvage, and how they will be re -used in the new development. - Staff would require some form of commemoration in addition to the photographic curtain wall, such as a plaque, that would convey the history and heritage value of the existing building. A City for Everyone Working Together — Growing Thoughtfully — Building Community Page 181 of 399 According to the Ontario Heritage Act, at least 60 days' notice needs to given for demolishing listed properties. This applicant is advised that this application will first go before the Heritage Kitchener Committee, and then Council. A City for Everyone Working Together — Growing Thoughtfully — Building Community Page 182 of 399 V17M7177i/1141 Date: May 24, 2022 To: Katie Andrei, Senior Planner From: Deeksha Choudhry, Heritage Planner cc: Garett Stevenson, Manager of Development Review Subject: OPA22/004/V/KA ZAB22/006/V/KA 130-142 Victoria Street South Heritage Planning Comments Kp``'ro ff-NrE I ry •rr W. Heritage Planning staff have reviewed the following documents which have informed the comments below: • Draft Heritage Impact Assessment (HIA) prepared December 2021 • Cover Letter dated December 20, 2021 OPA Application Form signed December 17, 2021 Urban Design Brief prepared December 2021 Planning Justification Report prepared December 2021 Heritage Status The subject lands municipally addressed as 130-142 Victoria Street South contain one heritage resource; 142 Victoria Street South is listed as a non -designated property of cultural heritage value or interest on the City's Municipal Heritage Register. The subject lands are also located adjacent to 131 Victoria Street South, which is also listed as a non -designated property of cultural heritage value or interest, and to 120 Victoria Street South, which is on the Inventory of Historic Buildings. The subject lands are also located within the Warehouse District Cultural Heritage Landscape. Draft Heritage Impact Assessment (HIA) for 130-142 Victoria Street South A Draft Heritage Impact Assessment (HIA) dated December 2021 has been prepared for the subject lands in support of application OPA22/004/V/KA and ZAB22/006/V/KA. The HIA made the following observations: • 130 Victoria Street South does not meet criteria for designation under O. Reg. 9/06; • 138 Victoria Street South does not meet criteria for designation under O. Reg. 9/06; and • 142 Victoria does meet criteria for designation under O. Reg. 9/06. 142 Victoria Street South's heritage value resides in the following attributes: • Stepped roofline with a parapet wall on the fagade; • Engaged brick pilasters at either side of the facade that flare out at the top with sandstone inlays at their centres; Page 183 of 399 V17MOMM1141 • Entrance fagade door case with stepped brick surround; • Date Stone reading "1931"; • Symmetrical facade windows; and • Brick construction. l p``'r6 ff-NrE "M 11"11197MOTIM W. The proposed development includes the demolition of all three existing buildings located on the subject lands. Since 130 and 138 Victoria Street South did not meet criteria for designation, the potential impacts of the proposed development have only been assessed for 142 Victoria Street South. The HIA noted the proposed demolition of 142 Victoria Street South would have an adverse impact on all the heritage attributes of 142 Victoria Street South. The draft HIA recommended that there should be partial demolition/selective deconstruction and integration into the proposed development as it partially conserves the subject properties' heritage attributes and avoids the potential for negative impact on the subject lands and the adjacent heritage resources. Some heritage attributes might require selective deconstruction while others, like the stepped parapet, might be integrated into the development more effectively through panelization. Furthermore, the proposed development will also see the extensive use of salvaged materials from 130 and 142 Victoria Street South and the incorporation of heritage features from the properties as design features in communal spaces. The details of what materials will be salvaged and how they will be incorporated has not been finalized yet. The HIA is still in its draft stages and has not yet received clearance from the Director of Planning. The HIA was formally considered by the Heritage Kitchener committee at its June 7, 2022, meeting. The committee was concerned regarding the salvaged materials — wanting to be informed as to what exactly would be salvaged and how it will be reused. Heritage Plannin_g Staff Comments After reviewing all the materials in support for these applications, Heritage Planning Staff provide the following comments for consideration as part of the OPA/ZBA: The mass of the podium should be similar to the mass of the Huck Glove building (120 Victoria Street South) that is located adjacent to 130 Victoria Street South at the corner of Bramm Street and Victoria Street South. The total height of the podium should not exceed the total (m/ft) of the Huck Glove Building to maintain a cohesive streetscape. The maximum height should be regulated via a special provision in the zoning by-law. • Staff would like the applicant to explore the opportunity of integrating 142 Victoria Street South into the proposed development. Since the building meets the criteria for designation under O. Reg 9/6, and is one of the oldest apartment buildings in Kitchener, and staff would like to explore all options before complete demolition can be considered. • If integration of the building is not possible, is there a possibility to relocating the building to an alternate location off-site? However, prior to doing that, it must be demonstrated that the building is a good candidate for relocation, through confirmation from a qualified engineer and qualified building mover that the building can be safely re -located, and that a suitable receiving site has Page 184 of 399 V17MOMM1141 l p``'r6 ff-NrE " 1 r y•rr W. been retained. If this is possible, it is critical for Heritage Planning staff to understand the feasibility of how and where the building can be relocated. • In addition to the above point, staff would also like the applicant to explore the opportunity of having the access to the parking garage to rear of the proposed building, off Bramm Street, so that 142 Victoria Street South can be retained with the proposed development. • If integration into the proposed development is not possible, staff would also like further clarification regarding what materials are proposed to be salvaged from 130 and 142 Victoria Street South and how they will incorporated into the proposed development and how the demolished buildings will be commemorated. In addition to the comments above, heritage planning staff provide the following comments for consideration as part of a future Site Plan application process: • Heritage planning staff will require a 3D massing model, including the adjacent Huck Glove building, and elevation drawings as part of a complete site plan application; • Heritage planning and urban design staff will review and approve the elevation drawings; • Heritage planning staff will require a sample material board for review and approval; • Heritage planning staff will require a Salvage and Documentation Plan if 142 Victoria Street South cannot be integrated into the proposed development, to document all elevations and architectural details of all the existing buildings that are proposed to be demolished, as well as the proposed materials for salvage and how they will be integrated into the proposed development; and • A commemoration plan to commemorate all the buildings that are proposed to be demolished. Page 185 of 399 City of Kitchener Heritage — OPA/ZBA Comment Form Project Address: 130-142 Victoria Street South File Number: OPA22/004/V/KA, ZBA22/006/V/KA Comments Of: Heritage Planning Commenter's Name: Deeksha Choudhry Email: deeksha.choudhry@kitchener.ca Phone: 519-741-2200 ext. 7291 Date of Comments: January 31, 2023 Heritage Planning staff have reviewed the updated revised plans that were submitted in support of this application and are of the opinion that Option 2 would be the preferred design option from a heritage perspective. 130 - 142 VICTORIA. ST. S. KNEk, O NIN KITGI�IEN2N. UN N'2!:::D5 111113 BI W011TS THE.: i:::i (WHIANl 'N GROUND LEVEL PLAN A202 A City for Everyone Working Together — Growing Thoughtfully — Building Community Page 186 of 399 This design option would help achieve the following: - Having the driveway access along Bramm Street would help in retaining the fagade of the existing building. - Minimal alterations to the fagade of the existing building which would help in retaining most of its original architectural features. - This design option would also help the existing facade integrate more efficiently with the proposed development and would be at less risk of being isolated from the rest of the development. - The feasibility and process of incorporating the fagade into the new development would have to be confirmed by the applicant' heritage consultant and engineers. Staff would be willing to work with the applicant's heritage consultant to address how this can be achieved. A City for Everyone Working Together — Growing Thoughtfully — Building Community Page 187 of 399 City of Kitchener - Comment Form Project Address: 130-142 Victoria Street South Application Type: OPA and ZBA Comments of: Environmental Planning (Sustainability) — City of Kitchener Commenter's name: Gaurang Khandelwal Email: gaurang.khandelwal@I<itchener.ca Phone: 519-741-2200 x 7611 Written Comments Due: May 6, 2022 Date of comments: May 5, 2022 1. Plans, Studies and/or Reports submitted and reviewed as part of a complete application: • Preliminary Sustainability Statement, prepared by IBI Group, dated December 20, 2021 • Energy Strategy Report, prepared by Design Works Engineering, dated December 10, 2021 2. Comments & Issues: I have reviewed the documentation (as listed above) to support an Official Plan Amendment and a Zoning By-law Amendment to develop the subject lands with a 25 storey mixed use development including 4 ground floor commercial units, second floor office space and 249 dwelling units, regarding sustainability and energy conservation and provided the following: • Although the Ontario Building Code (OBC) is advanced, going forward all developments will need to include robust energy conservation measures as the City (and Region of Waterloo) strive to achieve our greenhouse gas reduction target. • Based on my review of the supporting documentation, the Official Plan and Zoning Bylaw Amendments can be supported as a number of sustainable measures have been proposed or are being considered for the development, which will be detailed out through the Site Plan Approval stage. • A Sustainability Statement (as per the City's Terms of Reference) will be required as part of a complete Site Plan Application. It can build upon the information already provided, including the opportunities and strategies identified in the Energy Strategy Report, and can further explore and/or confirm which additional sustainable measures are best suited to the development. Potential items for consideration are: o Use of alternative water supply and demand management systems such as rainwater harvesting and grey water reuse, or design of the site and buildings for readiness to add these systems in the future o Use of alternative or renewable energy systems to meet new energy demand created by the development (i.e. ground source or air source heat pumps, roof -top solar Page 188 of 399 photovoltaic panels, solar thermal hot water system, capture of waste heat from industrial processes to use for thermal energy needs, etc), or design of the site and building for readiness to add these systems in the future o EV ready parking spaces o Material choice and detailing to address bird collision avoidance guidelines 3. Policies, Standards and Resources: • Kitchener Official Plan Policy 7.C.4.5. The City will encourage and support, where feasible and appropriate, alternative energy systems, renewable energy systems and district energy in accordance with Section 7.C.6 to accommodate current and projected needs of energy consumption. • Kitchener Official Plan Policy 7.C.6.4. In areas of new development, the City will encourage orientation of streets and/or lot design/building design with optimum southerly exposures. Such orientation will optimize opportunities for active or passive solar space heating and water heating. • Kitchener Official Plan Policy 7.C.6.8. Development applications will be required to demonstrate, to the satisfaction of the City, energy is being conserved or low energy generated. • Kitchener Official Plan Policy 7.C.6.27. The City will encourage developments to incorporate the necessary infrastructure for district energy in the detailed engineering designs where the potential for implementing district energy exists. 4. Advice: ➢ As part of the Kitchener Great Places Award program every several years there is a Sustainable Development category. Also, there are community-based programs to help with and celebrate and recognize businesses and sustainable development stewards (Regional Sustainability Initiative - http://www.sustainablewaterlooregion.ca/our-programs/regional-sustainability- initiative and TravelWise - http://www.sustainablewaterlooregion.ca/our-programs/travelwise). ➢ The 'Sustainability Statement Terms of Reference' can be found on the City's website under 'Planning Resources' at ... https://www.kitchener.ca/SustainabilityStatement 2 1 II " a g e Page 189 of 399 From: Mike Seiling Sent: Wednesday, April 13, 2022 2:51 PM To: Katie Anderl Subject: FW: Circulation for Comment - 130-142 Victoria Street South (OPA/ZBA) Attachments: department & agency letter - 130-142 Victoria St S.pdf; OPA22004VKA_MAP4.pdf; ZBA22006VKA_MAP1.pdf Building; no concerns From: Christine Kompter <CIhiril.stir_r�_e..IKrnirn er k t ern r c > Sent: Wednesday, April 13, 2022 2:36 PM To: CNR < . urru......Y _cin.c >; _DL # DSD Planning <[ 1 :.¢ I iroiroJn'?,l[ .ivp_sp_gin. V<u. clh_e.n..er. Via.>; Aaron — — — .... McCrimmon-Jones <Aaron McCri mn_mo.n_.�!21i .2s. _Ik tc_hener.ca>; Bell - c/o WSP <c�rculla_tirgn.s sp �c�m>; Dave Seller <I[Y..SIlller Iki.tclhinr.c>; David Paetz <I[Yu.l{_tx.... Ikitcheiner.ca>; Feds ...... ..e......... ......... _........ ................................................................... <Yp_..Fs>; GRCA - Planning (12.0__n_n..un.g..grruriyU,a) <plrap.E.g.�'.grnru�ro c>; Greg Reitzel ....... ._...... < rcg. of V «i_Ki.t hener.ca>; Hydro One - Dennis DeRango <la.ndus�p..0.�r1r1urng Jim Edmondson <Jim IE dmaarodsonl Vcu h_ n �r c >; Justin Readman <Jlustin ReadornarrC ku�cher�er a >; ........ ...... ......... ......... ......... ......... .. Katherine Hughes <Kathe i_rp_ .._NI_u.ghes@kutchener.ca>; K -W Hydro - Greig Cameron <gcameiron@kwhydro.on.ca>; Laura Anderson <[..aura.Anderson kutcVn_e_oner.ca>; Mike Seiling ............................................................................. ..._........... <Miike.Seilliiing. _Ikii c.lh in r.c�>; Ontario Power Generation <IE::xec�.utiivevp .l Jnr in _d_ v llc im rnt(?ru a Park Planning (SM) <Pa.irlk._P.Ila.inin.iiing. _kiiac iner._c >; Region - Planning <IPII ifliniiing >p llua .t.urns.. ... r�gj..oincaf. a.t f]2.2 c.q>; Property Data Administrator (SM) <Prp.Ip r.imniin�lkirtclh in it >; Robert Morgan <,R lb.u~rt..l@,.pirga .@ Ikiitc.lheiner.ca>; Steven Ryder <Steven,.Ift ri ir. .Ikir Ih_ .iner.,.ca.>; Sylvie Eastman <S.yll�riie.F s. m in _�iitclheiner._ca>; WCDSB -Planning .......................................... WRDSB - Board Secretary (gjIgji_in_e I b burr s rr s .c) < e Il ajin e b uainns( it sl >; WRDSB - Planning <Ilininii_ng.�rirslac> Cc: Katie Anderl <IKatie.. inderll.. ..!_ itch_ _n_e.r.ca> Subject: Circulation for Comment - 130-142 Victoria Street South (OPA/ZBA) Please see attached. Additional documentation is saved in .Slha.r _I _i.l_e.. Comments or questions should be directed to Katie Anderl, Senior Planner (copied on this email). Christine Kompter Administrative Assistant I Planning Division I City of Kitchener 200 King Street West, 6t" Floor I P.O. Box 1118 Kitchener ON N2G 4G7 519-741-2200 ext. 7425 1 TTY 1-866-969-9994 christine.kompter@kitchener.ca Page 190 of 399 From: Niall Melanson Sent: Wednesday, June 21, 2023 2:34 PM To: Katie Anderl Cc: Josh Zehr; Angela Mick Subject: 130-142 Victoria St S, ZBA22/006/V/I<A - Engineering Comments Good morning Katie Please be advised that Engineering has reviewed the recently resubmitted Functional Servicing and Stormwater Management Report (WalterFedy, May.31/23). There have been no changes from the original functional servicing design and therefore Engineering has no concerns with sanitary capacity and Kitchener Utilities has no concerns with water demand. We can provide our clearance for the ZBA. Of note the detailed SWM design will be reviewed during SPA. Thanks Niall Melanson, C.E.T. Project Manager, Development Engineering, City of Kitchener niall.:rnml_ansan..?kiacFrener.ea, 519-741-2200 x 7133 200 King St. W., Kitchener, ON N2G 4GX Page 191 of 399 From: Sylvie Eastman Sent: Thursday, April 14, 2022 8:26 AM To: David Paetz; Michele Kamphuis; Katie Anderl Cc: Christine Kompter Subject: FW: Circulation for Comment - 130-142 Victoria Street South (OPA/ZBA) Attachments: department & agency letter - 130-142 Victoria St S.pdf; OPA22004VKA_MAP4.pdf; ZBA22006VI<A_MAP1.pdf; Excavation Near Gas Pipelines WI-5.6.pdf Hi David and Michele. Please see attached and provide any additional comments regarding servicing. Katie, in addition to any comments Michele and David may have, please note that gas main is located at —1.0m from PL on Bramm and —0.2m from PL on Victoria. I notice that zero lot line has been approved for this development, and if the proponent is planning to install shoring/piles right at PL or into the public right-of-way that would be a problem. By code, infrastructure must be minimum 0.3m from gas infrastructure, and minimum 1.0m separation is required to use mechanical equipment. In other words, nothing can be installed within 0.3m of the existing gas pipes, infrastructure may be installed by hand dig only between 0.3-1.0m from the existing gas pipes, and mechanical equipment may be used at least 1.0m away from the existing gas pipes. Also note that I have seen many instances of excavations 1.0m or more away that slump and damage gas mains to the proponent will need to follow the requirements for excavating near gas mains (attached). Thanks, Sylvie 519-498-9553 From: Christine Kompter<Ihiriistiiine,ll<oinnipKirkii.tchener.ca> ............................................................................................... Sent: Wednesday, April 13, 2022 2:36 PM To: CNR <iSr iilnmii.t .�_cln..:. >; _DL_#_DSD_Planning <If� I F.1 ininiirgg��iv sii: in. lkil.tclh�in�r:��>; Aaron McCrimmon-Jones <Aairon.McCirimirnon-lgnes_ )I�itclhener.ca>; Bell - c/o WSP <ciii�cuallatiions sp.cgrrr>; ......................................................................_......... ............................. Dave Seller <,E)ave.Se�lleq: I ii:tche1ne1r.ca>; David Paetz<,Davii_d.F1a_e.tz._�kiitclheiner.ca>; Feds ............................................................. <vtae..�.fe_s..c,>; GRCA -Planning(ipi_mini'iing.0.gir.inc9_rive.ir.) <Iininiiinglrina.iri'irc>; Greg Reitzel < ireg...Rtitze.le Ikii clh in r:c >; Hydro One - Dennis DeRango <l incluse. 11 in miring Ihy it aninu coimn>; Jim Edmondson <, iinm.lE::a imgrndscrin. kkdhelnelr.,ca>; Justin Readman <Jus:ti.in.Readir�oa_In_.. Ikirtclhener.ca>; ..... ......... _.. ...... ._ .............."........................................................... Katherine Hughes <l.............................................lhriin,_H�uglh_�s_ Ikil.tclheneir ca>; K -W Hydro - Greig Cameron .. < carn,eiron @kwlhydro.on.ca>; Laura Anderson <,ILauaira. Rind_ers in_ Ikiitclh_ in Ir. .>; Mike Selling <Milke..Se.iliring. lkii Ihener._ca>; Ontario Power Generation <l.::X c�utiry rr .lawainddevello irnent o coirn>; Park Planning (SM) <Pa_U :_P.Va_on_on.on @kitcheneir.ca>; Region - Planning <.1..!gnning..ppVucatuon.s c re ionofwateiJoo.ca>; Property Data Administrator (SM) ................................... <Illrobs_C3gtgz adirisin .lkutclh ln_elr.c >; Robert Morgan <,Ro e1rt.._I _o g .in. 11<i. Ih lner..0 >; Steven Ryder ................ .......... ......... ........... <Steve.......n.6tydei'Okutchener.ca>• Sylvie Eastman <SyVvie.Eastmain V<itchener.ca>; WCDSB -Planning .................................. <P annin . @wcdsb.ca>; WRDSB - Board Secretary ( V_ i_ne urns mird.sb.ca) <.elaJ_Ine buirinsC wrdsb.ca>; WRDSB - Planning <pV_ rq.!u_ng:.G U Sacp> Cc: Katie Anderl <Katie.AnderWkitchener.ca> Subject: Circulation for Comment - 130-142 Victoria Street South (OPA/ZBA) Please see attached. Additional documentation is saved in Slha relF.ill_e.. Comments or questions should be directed to Katie Anderl, Senior Planner (copied on this email). Page 192 of 399 Christine Kompter Administrative Assistant I Planning Division I City of Kitchener 200 King Street West, 6t" Floor I P.O. Box 1118 Kitchener ON N2G 4G7 519-741-2200 ext. 7425 1 TTY 1-866-969-9994 christine.kompter@kitchener.ca rimj j / y/% Page 193 of 399 City of Kitchener OPA/ZBA COMMENT FORM Project Address: 130 —142 Victoria Street South Date of Meeting: No meeting Application Type: ZBA & OPA Comments Of: Transportation Services Commenter's Name: Steve Ryder Email: steven.ryder@kitchener.ca Phone: (519) 7412200 ext. 7152 Date of Comments: May 2, 2022 ❑ I plan to attend the meeting (questions/concerns/comments for discussion) ❑ I do NOT plan to attend the meeting (no concerns) 1. Site Specific Comments & Issues: • Traffic Impact study comments: o A thorough analysis of the 2030 Total Traffic Operations was completed and indicates that the site driveway access should operate with a Level of Service (LOS) B, with an average vehicle delay of 14s and a volume -to -capacity (v/c) ratio of 0.10; ■ This is acceptable for the operation of a site driveway; o It is acknowledged that sightlines will not be a concern for the proposed development based on the typical standards through TAC; o The recommendation of the study to monitor traffic volume on Victoria St S and optimize traffic signal timing along the corridor is noted, but falls under the purview of the Region of Waterloo; o The recommendation to widen Victoria St S between Park St and Bramm ST to include a two-way left turn lane is noted, but also falls under the purview of the Region of Waterloo; o The site will be serviced by a GRT transit route (Route 20 Victoria -Frederick) with approximately 30 -minute headways; o The site also falls approximately 500m from the Central Station stops for the ION Rail LRT that operate with approximately 30 -minute headways; • Parking Study comments: A City for Everyone Working Together — Growing Thoughtfully — Building Community Page 194 of 399 o Given that this property will eventually be zoned with a zero minimum parking rate under the future Zoning By-law (2019-051), Transportation Services can support the proposed supply of 51 parking spaces on-site; o Under ZBL 2019-051, the UGC zones require: ■ Multiple dwelling— No minimum ■ Retail uses — No minimum ■ Office uses — Minimum 1 space per 50 sq.m GFA *where GFA exceeds 4,000 sq.m* (proposed 414 sq.m); o What is the planned allocation of provided vehicle parking spaces for each use on-site (residential, office and retail)? ■ Will these spaces be unbundled from units? • If so, an agreement on title may be required to ensure the unbundled spaces; o Bicycle parking minimums under ZBL 2019-051: ■ Multiple dwelling — Minimum 1 space per dwelling unit (249 spaces for this proposal) ■ Retail uses — Minimum 1 space per 500 sq.m GFA (2 spaces for this proposal) ■ Office uses — Minimum 1 space per 333 sq.m GFA (2 spaces for this proposal) o The parking study notes that a total of 60 long-term (Class A) bicycle storage spaces are proposed for this development, which is 193 spaces below the minimum required under ZBL 2019-051; ■ If the applicant is intent on aligning with the requirements of the future ZBL (2019-051), Transportation Services will require that the applicant must, at a minimum, meet the minimum parking rates for bicycles in ZBL 2019-051, which equals 253 Class A spaces, with them located conveniently for each use within the building; ■ If the applicant wishes to provide a reduced amount of Class A bicycle spaces than required under ZBL 2019-051, further, in-depth justification will be required for Transportation Services to consider; ■ A recommendation of the study also notes that more secured, long-term bicycle parking should be provided; o The final recommendation of the study urges the applicant/developer to commit to TDM measures outlined in the study — any TDM measures that will be committed to the applicant need to be clarified prior to the approval of any parking reduction; • Site Plan advisory notes: o The loading space located at the rear of the site must use a "shared Janeway access" as noted by the site plan provided in this study: ■ Is there a shared access agreement in the works (or currently existing) with the owner of the lands directly adjacent the subject properties? ■ There will be a requirement for a comprehensive Truck Turning Movement Plan (TTMP) as part of a complete site plan application that illustrates adequate truck circulation for this site (ie. loading, garbage, etc.) A City for Everyone Working Together — Growing Thoughtfully — Building Community Page 195 of 399 ■ Staff would like to see a direction connection from bicycle storage areas to Bramm St / Bramms St lot at the rear of the site. This will provide a direct and convenient connection to the future Transit Hub Trail. 2. Plans. Studies and Reoorts to submit as part of a complete Plannine Act Application: 3. Anticipated Requirements of full Site Plan Approval: • N/A 4. Policies, Standards and Resources: • N/A S. Anticipated Fees: • N/A A City for Everyone Working Together — Growing Thoughtfully — Building Community Page 196 of 399 From: Dave Seller Sent: Tuesday, August 1, 2023 10:09 AM To: Katie Anderl Subject: Updated comments recirculation OPA/ZBA 130-142 Victoria St City of Kitchener Application Type: Zoning By-law Amendment ZBA22/006/V/KA Official Plan Amendment OPA22/004/V/KA Project Address: 130-142 Victoria Street South Comments of: Transportation Services Commenter's Name: Dave Seller Email: dave...sell�.er.@..�iitcheneir.ca ....................... ............... .......... . .. .................................................... Phone: 519-741-2200 ext. 7369 Date of Comments: August 1, 2023 a. As part of a complete Zoning By-law amendment application, a Transportation Impact Study (TIS), Parking Study and Transportation Demand Management Plan was submitted (May 2023) by Paradigm Transportation Solutions Limited in support of this OPA/ZBA application, Transportation Services review focused on roadways that are under the jurisdiction of the City of Kitchener. Development proposal The applicant is proposing a mixed-use development with a multi-storey tower with 249 units, 574m2 (6180.ft2) of ground floor commercial space and 576m' (6200.ft2) of office space. The development is estimated to generate 75 AM and 98 PM peak hour vehicle trips. The vehicle trips included the residential, commercial and office components, as well as trip reductions for mode split and internal capture trips. The site will be serviced by one full moves access along Bramm Street. There are a total of 27 parking spaces are being proposed for all uses. Intersection analysis The three intersections noted below were reviewed under existing 2020 traffic conditions and are all operating within acceptable levels. • Victoria Street South (Regional Road 55) at Park Street - signalized ® Victoria Street South (Regional Road 55) at Bramm/Michael Streets - unsignalized • Victoria Street South (Regional Road 55) at Joseph Street - signalized The following traffic movements were considered critical under the existing 2020 conditions and are expressed as level of service (LOS), volume to capacity ratios (v/c) and 951" percentile queues. Victoria Street South (Regional Road 55) at Park Street o Park Street AM peak hour, southbound left turn: LOS F and v/c ratio of 0.93; queue length exceeds storage length o Victoria Street South PM peak hour, westbound through/right turn: LOS D and v/c ratio of 0.87 o Park Street PM peak hour, northbound left turn: queue length exceeds storage length Victoria Street South (Regional Road 55) at Joseph Street Page 197 of 399 o Joseph Street PIVI peak hour, northbound left turn: queue length exceeds storage length The four intersections noted below were reviewed under future 2030 total traffic operations. • Victoria Street South (Regional Road 55) at Park Street - signalized • Victoria Street South (Regional Road 55) at Bramm/Michael Streets - unsignalized • Victoria Street South (Regional Road 55) at Joseph Street — signalized • Bramm Street at NEW site access - unsignalized The following traffic movements were considered critical under future 2030 total traffic operations and are expressed as level of service (LOS), volume to capacity ratios (v/c) and 95" percentile queues. • Victoria Street South (Regional Road 55) at Park Street • Park Street AM peak hour, southbound left turn: LOS IF and v/c ratio greater than 1.00 and queue length exceeds storage length; PM peak hour, LOS IF and v/c ratio greater than 1.00 and queue length exceeds storage length • Victoria Street South PIVI peak hour, westbound through/right turn: LOS F and v/c ratio greater than 1.00 • Park Street PM peak hour, northbound left turn: queue length exceeds storage length • Park Street AM peak hour, northbound through/right turn: LOS E and v/c ratio of 1.00; PM peak hour, LOS F and v/c ratios greater than 1.00 • Victoria Street South (Regional Road 55) at Gramm/Michael Streets • Bramm/Michael Streets AM peak hour, northbound left/through/right turn: LOS IF and v/c ratio of 0.14. Delay is present, however, there is excess capacity. • Bramm/Michael Streets AM peak hour, southbound left/through/right turn: LOS F and v/c ratio of 0.77; PM peak hour, LOST and v/c ratio of 0.82. • Victoria Street South (Regional Road 55) at Joseph Street o Victoria Street South AM peak hour, eastbound left turn: queue length exceeds storage length * Joseph Street PM peak hour, northbound left turn: queue length exceeds storage length * Joseph Street PM peak hour, southbound left/right turn: LOS IF and v/c ratio greater than 1.00 The new site driveway at Bramm Street is forecasted to operate at LOS A and v/c ratio of 0.07 or lower in either the AM or PM peak hours. Any capacity issues experienced under the 2030 background traffic is expected to continue to occur with or without this development. Site traffic impacts are minimal with minor changes in delay at the study intersections. Transportation Demand Management (TDM) analysis This development is well situated to take advantage of the existing alternative modes of transportation available in the area to reduce vehicle dependency. There are several Grand River Transit (GIRT) routes and ION light rail that are less than 600m from this development. They include Page 198 of 399 the following routes: 6, 7, 8, 20, iXpress 204 and ION Central Station. These routes offer connectivity to a broader transit network throughout the Region of Waterloo and within Kitchener itself. The walkability for pedestrians accessing the site and surrounding area can easily be achieved, as sidewalks are provided generally on both sides of roadways in the surrounding area which provide connections to entertainment, employment and commercial uses. There are existing cycling opportunities in the area, as well as future cycling connections'to the downtown cycling grid and the Iron Florse Trail. To encourage cycling and take advantage of the cycling opportunities in the area, the applicant must provide 249 Class A indoor secure bicycle parking spaces and 10 Class B outdoor bike parking spaces. Sight distance analysis Bramm Street is straight and flat with low vehicle speeds and based on a 50km/h design speed it was determined that there are clear sightlines and visibility is not expected to be a concern. Transportation Services supports Paradigms conclusion. AutoTURN swept path analysis The following Transportation Association of Canada (TAC) design vehicles were reviewed for loading/garbage and the parking structure. • Fleavy Single Unit (FISU) - acceptable • Medium Single Unit (MSU) - acceptable • Passenger Vehicle (P) — acceptable Recommend that convex mirrors are placed within the parking structure to provide improved visibility. See yellow heighted areas below. Parking supply analysis The applicant is proposing to provide a total of 27 parking spaces for all uses (residential, office, commercial). Transportation Services are supportive of reduced parking rates, and as the lands are located in the Urban Growth Centre (UGC), notwithstanding the analysis in the study, staff are Page 199 of 399 supportive ofapplying the UGC parking rates ofZoning By-law 2U19 -0S1. Bicycle parking should also beprovided inaccordance with UGC parking rates of1Class Aspace per unit, and 6Class 0spaces. It was noted within the report that should the vehicle parking supply be exceeded bvthe demand, off-street parking is available at the Bnymm Street Yards. While this is correct for the short term, this should not be relied upon as a parking solution for this development. The City of Kitchener's medium tolong term plans for the BrammnStreet Yards are for redevelopment. Further, the Joseph Street parking garage that was referenced in the report for additional parking, cannot be counted, asthe parking garage isa private facility and ianot under City ofKitchener ownership. Conclusion Transportation Services supports Paradigms analysis provided within the TIS portion of their report; and further, support applying the UGC parking rate for this development. Toassist inreducing on-site vehicle parking demand and support areduced parking rate, the following must beprovided and will befurther finalized through the Site Plan: • Residential parking must beunbundled from the cost mfaunit. • Subsidized CRT pass per unit for the residential component for a minimum of two years. • A portion ofthe Class Abike parking having direct access toBrammStreet, private lane, Victoria Street South. • Indoor bike fix -it stations be provided. • Also, consideration be given to providing a portion of the Class A bicycle parking from within the units. Dave Seller, C.E.T. Traffic Planning Analyst | Transportation Services | City of Kitchener 519-741-2200 ext. 7369 TTY 1-866-969-9994 1 dave.seller(cD_kitchener.ca From: Katie Anderl <IK@t�e.Anderl�(@I�<�tclheiner.ca> Sent: Thursday, June 15 202312:13PM To: DeekshaChoudhry �Pe8ahFahimian ���evenRyder Taylor Stapleton <���K�ohr Cc: DaveSe||er >; Lenore Ross<x�]essica Vieira <��]nshGraham� >; Niall K�e|anson Subject: Recirculation OPA/Zba 130-142 Victoria St Good Morning, The applicant for the OPA/ZBA proposed for 130 -142 Victoria Street has resubmitted a final plans and supporting documentation for the development proposed at 132 — 140 Victoria Street. Documents are available via Share File: httios://k�tchewer.sharefUe.com/hamme/shamed/fo4b720e-4289-4af5-abff' Please provide your final review and comments bv June 30, 2023. Thanks, Katie Page 200 of 399 Katie Anderl Project Manager - Planning I Planning Division I City of Kitchener 519-741-2200 x7987 I TTY 1-866-969-9994 1 katie.anderl(c@kitchener.ca �JIIIIII�UVIVO JNMfIAh6U"' 11 Page 201 of 399 From: Taylor Stapleton Sent: Wednesday, July 12, 2023 12:00 PM To: Katie Anderl Subject: RE: Recirculation OPA/Zba 130-142 Victoria St Hi Katie, I've reviewed the resubmitted PJR and UDB and have no comments. I would have liked to see some commentary on how they plan to mitigate the impacts to adjacent parks, open space, and community facilities within the revised PJR but believe it might be unreasonable to ask for them to revise again. Let me know if you need anything else from me. Thanks, Taylor Stapleton (she,her) Associate Landscape Architect, Parks & Open apace Design and Development I Parks & Cemetaries City of Kitchener 1-519-577-3667 I ig Moir. ata Ileton Ikitcheiner.ca ........................................................................................:...........:..................> From: Katie Ander<ICatiie.An er <iitc eneir.ca Sent: Tuesday, July 11, 2023 12:25 PM To: Deeksha Choudhry <,Deekslha_._0h_oudl ry l ii. clh ingir g >; Pegah Fahimian <I{lega.lh..[: hiirmnii_ in.. .Il itclhein_eraga>; Taylor Stapleton <'Fa 1lgr. S:ta�leton_ I<iitch noir ca>; MMohr <IVIMohr re ooinca .w..g erlloo ca> ............. ....... ......... Cc: Lenore Ross <II..ern_ore..R ss@JkRc.lhener._ca>; 'Josh Graham' <J _raham ire opine. vua rlloo.ca>; Niall .................................. Melanson<Niallll.Mellanson(@kitchener.ca> Subject: RE: Recirculation OPA/Zba 130-142 Victoria St Hi Just wanted to follow up on my email below. Please let me know if you have any further comments regarding this proposal based on the resubmission. Thanks, Katie From: Katie Anderl Sent: Thursday, June 15, 2023 12:13 PM To: Deeksha Choudhry <, g llcslh Ihgen Ihry l itdh.en_g_rxa>; Pegah Fahimian <{e.lh.If:hfurnll.ta~Igolgrg>; Steven Ryder <.tvein.lftyirlkltcheiner.a>; Taylor Stapleton ............................._................................... <Tayllgr.:_S:t .p.lgtp ..��_ 4tc e_ gr._rg>; MMohr <.M..l 1plh_ir rg lcainp Jnr terlloo,ca> ........................................ Cc: Dave Seller <Ifd ye.S lllle�r I<itclheineir..ca>; Lenore Ross <ILg_rnc�irg._R ss_ kltchener.ca>; Jessica Vieira ..... ...... ...._..._ ._........................................................................... <Jessica.Vieurat I o:t Vn oner.c >; Josh Graham <J_ rahame regi rncn.F .tr rlgc oo >; Niall Melanson Page 202 of 399 <Nialll.Melansorncktlc....> ........... Subject: Recirculation OPA/Zba 130-142 Victoria St Good Morning, The applicant for the OPA/ZBA proposed for 130 -142 Victoria Street has resubmitted a final plans and supporting documentation for the development proposed at 132 —140 Victoria Street. Documents are available via Share File: ..............htt. 289..4aff5-abffff- f..3 a.f..55.4 32/.fII_d_e.it Please provide your final review and comments by June 30, 2023. Thanks, Katie Katie Anderl Project Manager - Planning I Planning Division I City of Kitchener 519-741-2200 x7987 I TTY 1-866-969-9994 1 katie.anderl@kitchener.ca Page 203 of 399 From: Proximity <proximity@cn.ca> Sent: Friday, August 4, 2023 12:18 PM To: Katie Anderl Subject: 2023-08-04_CN_RES_ REVISED: Circulation for Comment - 130-142 Victoria Street South (OPA/ZBA) Attachments: 2_PTL_Anderl_CommentMatrix_130-142VictoriaStS.pdf 'ate be part of the holding provision. Concerning the noise report, CN will ask for a technical memorandum ,� • .. • - .C—*,] # the CN development agreement. Since the site is in proximity to a Spurupdated noise dose., need e part of o « • • • 1-438-459-9190 •K ' - • l o w ♦ 6r H31-1 1P9 CANADA From: Katie Anderl <IKatpe. n.derV..@_ itchener.._ca> Sent: Tuesday, August 01, 2023 9:14 AM To: Proximity <piroxiimit� @cin.ca> Subject: FW: 2022-12-15_CN_RES_ REVISED: Circulation for Comment - 130-142 Victoria Street South (OPA/ZBA) CAUTION: This email originated from outside CN: DO NOT click links or open attachments unless you recognize the sender AND KNOW the conten AVERTISSEMENT : ce courriel provient dune source externe au CN : NE CLIQUEZ SUR AUCUN lien ou piece joints a mains de reconnaitre 1'expe Hi Ashkan, You had provided Peer Review comments back to the City on this project several month back. I am currently finalizing my report. Please see comments 88-92 and 111 addressing the in the attached Page 204 of 399 response matrix from the applicant and their consultants addressing your comments/peer review. I can confirm that we will be including a Holding provision for final Stationary Noise Study to address regional comments. Do you need to be part of this holding provision for the Rail Noise as well? Or would you be satisfied with addressing the standard criteria through Site Plan/Plan of Condo? Thanks, Katie From: Labreche, Victor <v�_ctg_r.11abrech.e( r a us c m> Sent: Monday, July 17, 2023 3:39 PM To: Katie Anderl <IKat i e::A,indeir! tchener' c a > Cc: Tsimenidis, Christian <clh_irist�a n.tso_Inmanid' s _ _rau.�_�' s._comru.> Subject: RE: 2022-12-15_CN_RES_ REVISED: Circulation for Comment - 130-142 Victoria Street South (OPA/ZBA) Good afternoon Katie. Gradient responded to the last set of CN comments in the Comment Matrix. See attached, line item 111. Also, there is a Holding Provision for a Detailed Noise Study we are implementing (as per the Region comments ) these comments are to be further addressed at the Site Plan Stage. Thank you, NhicU' lr IILi ali° a°°e6l1e, MCIP, RPP Associate Director I Practice Lead, Planning Arcadis Professional Services (Canada) Inc. 410 Albert Street, Suite 101 1 Waterloo, ON I N2L 3V3 I Canada T +1 519 585 2255 ext 63252 iUIp::/f ecii.du:e gra lla.ri°c:::;p ur /111 11 d, II U!Ii Lu: rnrM r Ull ; ,u 11 �' U ii dfII r:Idvi�7u7; u_u, Il Udpnll ill' �IIII ir7 all„ uuuUU�ur : llllr unv"flU,UII II i,r720fAP a Al lid, II IzssI III 9 142 kDu l 11 / II,,J ,ll "Id Il b ^" bl a 11 U uµ ,rgu„ ;'i all; l ir' ic: r rUill: uu l 117II all 1111 .14 II tlU ;;u ILII' 60`dll�'�:,,U911 �,uUU"'� I I�° r�iu7 rU.����U.rFlli umL',II dU:: M � II\�IlUfur�7�a�.�a.� Idoa.9r,! Gl,uullR,Qc&N„)UU;kQU°°III Mi�ll,',�II z Ur°II,;; ; 'I II a;s n rllrll pll 11 QQU1' .Qxi7 ll a;„, II MI U UI II "pcu ii ullr''''II Nv IIS II M°usllrU Uqr 'u II II iMll 111 U ll"`"^^ ; ill From: Katie Anderl <IKatie_:An.deirll. _ itchener._ca> Sent: Monday, July 17, 2023 3:21 PM To: 'Victor Labreche' <V ctoir.ILabreche fl irga.up corn> Cc: Tsimenidis, Christian <clh_rist grn.tso_mr midis( re us.cpmn.> Subject: RE: 2022-12-15_CN_RES_ REVISED: Circulation for Comment - 130-142 Victoria Street South (OPA/ZBA) Page 205 of 399 *** Exercise caution. This is an EXTERNAL email. DO NOT open attachments or click links from unknown serrders or unexpected email. *** Hi, Just wanted to follow-up on the CN comments — I don't recall seeing updated comments from CN — was this completed by Gradient? Thanks, Katie From: Victor Labreche <Victor.LabrecheCZDibi roux) corn> Sent: Friday, December 23, 2022 9:22 AM To: Katie Anderl <Katie.Anded ftitchener.ca> Subject: FW: 2022-12-15—CN—RES— REVISED: Circulation for Comment - 130-142 Victoria Street South (OPA/ZBA) Hi Katie, Thank you for providing the attached, which is all understood and our noise consultant (Gradient) is working on the reply/update as requested. Would you have a few minutes at some point before 3pm today to discuss results of our discussions with the adjacent development (DOV Capital) about our development using their rear lane to access a relocated underground parking to our development? This was one of the main action items for us to complete based on our last Teams meeting call on October 6th Please advise, thanks again Katie. Victor Labreche MCIP, RPP Associate Director - Practice Lead, Planning 410 Albert Street, Suite 101 Waterloo ON N2L 3V3 Canada tel +1 519 585 2255 ext 63252 IBI Group is now proudly apart of Arcadis IUCi Fl fhu � nirmil rnr, ssago/allachmcnts m,ry crrntain Imvilegod aiuf r unfide[itial ndorrnatimi If rr,r:nivod in ancon plea sip notify tho sowim wid Unlr��,.to thus n m"ril in�ossagr:,,.. IVCs flr.. C�.0 rxnunal JeW m[itomr do 11nformatinii Ipnvllayir,r, r,f aonihrlr,ritialla. Si Vows avav rr,r ii (v rnn ss,ryn Maar urnuu. vr�milkv, la mu„ntluiuu^r Irnrn6diaternont �a uxprKfit¢����.ur of oflac,m��,.r ix, r,caurno,l. From: Katie Anderl <Katie.Anded'@kitchener.ca> Sent: Friday, December 16, 2022 8:35 AM To: Victor Labreche <Victor.Labreche(@ibi2rous:).coryi> Subject: FW: 2022-12-15—CN—RES— REVISED: Circulation for Comment - 130-142 Victoria Street South (OPA/ZBA) *** Exercise caution. This is an EXTERNAL email. DO NOT open attachments or click links from unknown serrders or unexpected email. *** Hi Victor, Please see CN peer review comments attached. Page 206 of 399 From: Proximity <proximity@cn.ca> Sent: Thursday, December 15, 2022 10:42 PM To: Katie Anderl Subject: 2022-12-15_CN_RES_ REVISED: Circulation for Comment - 130-142 Victoria Street South (OPA/ZBA) Attachments: 22-172 Dec 14-22 130 -142 Victoria St South Peer Review.pdf report prepared by Gradient Wind Engineering, dated March 2022, for the application mentioned i subject. report o CN satisfaction.irlicant's consultant shlould submit an updated report or a technical memorandum addressing the peer review comments and 11 0011411111 proximity(aD_cn.ca T : 1-438-459-9190 1600, Rene -Levesque Ouest, 1 l etage Montreal (Quebec) 3H 1P9 CANADA wsp.com From: Proximity Sent: Monday, October 31, 2022 7:24 PM To: Katie Anderl <IKatoe..Ander1_@_!<itchen ir.ca,> Subject: 2022-10-31_CN_RES_ REVISED: Circulation for Comment - 130-142 Victoria Street South (OPA/ZBA) 3- . Page 207 of 399 Urbaniste senior / Senior Planner (CN Proximity) Planning, Landscape Architecture and Urban Design Urbanisme, architecture de paysage et design urbain : proximity(a_cn.ca T: 1-438-459-9190 1600, Rene -Levesque Ouest, 1 l etage Montreal (Quebec) 3 1P9 CANADA wsp.com From: Katie Anderl <Katie_.A derl..( _O<.u.tchener._pg> Sent: Tuesday, October 25, 2022 12:46 PM To: Proximity <proximity_uJ.a> Cc: Victor Labreche <Vuctplr.._l abo OJ_e.. _o_ i r uu.�m> Subject: RE: 2022-04-20_CN_RES_ REVISED: Circulation for Comment - 130-142 Victoria Street South (OPA/ZBA) CAUTION: This email originated from outside CN: DO NOT click links or open attachments unless you recognize the sender AND KNOW the conten AVERTI SEMENT : ce courriel provient d'une source externe au CN : NE CLIQUEZ SUR AUCUN lien ou piece lointe a moins de reconnaitre Hi Ashkan, Just wanted to follow up on CN's review of the Noise Study for this project. You had indicated early in September that you were going to be completing a Peer Review. Regards, Katie From: Katie Anderl Sent: Thursday, September 8, 2022 2:03 PM To: Proximity <plroximity cDcn.ca> Subject: RE: 2022-04-20_CN_RES_ REVISED: Circulation for Comment - 130-142 Victoria Street South (OPA/ZBA) Hi Ashkan, Do you have an expected timeframe for a response/feedback on the report? I'd like to pass this on to the applicant. Thanks, Katie Page 208 of 399 From: Proximity <iriimiityCin.c> Sent: Thursday, September 8, 2022 1:54 PM To: Katie Anderl <IKatii .,A,indelrll..f��..!_ ii:tclhcinl ir.ca> Subject: FW: 2022-04-20_CN_RES_ REVISED: Circulation for Comment - 130-142 Victoria Street South (OPA/ZBA) - „* Urbaniste senior / Senior Planner (CN Proximity) Planning, Landscape Architecture and Urban Design Urbanisme, architecture de paysage et design urbain : proximityCaDcn.ca T: 1-438-459-9190 1600, Rene -Levesque Ouest, 1 l etage Montreal (Quebec) 3 1P9 CANADA wsp.com From: Katie Anderl <IKat�e., ndeirll.@.kiItcheneir._cg> Sent: Wednesday, September 07, 2022 3:07 PM To: Proximity <p.ir!2? (i ity(cccm.c > Cc: Victor Labreche <Victgr I.:.ab e 6�O_� o�ograaa�.�.com> Subject: RE: 2022-04-20_CN_RES_ REVISED: Circulation for Comment - 130-142 Victoria Street South (OPA/ZBA) CAUTION: This email originated from outside CN: DO NOT click links or open attachments unless you recognize the sender AND KNOW the conten AVERTISSEMIENT : ce courriel provient d'une source externe au CN : NE CLIQUEZ SUR AUCUN lien ou piece lointe a moins de reconnaitre Hi Ashken, Thanks for your comments on this application for OPA/ZBA. The applicant has submitted a noise study (see attached) which is also being review by the Region of Waterloo. Page 209 of 399 The noise consultant has considered surrounding noise sources and identified the CN Huron Park spur line more than 75 m to the northwest and a main line CN/GO rail corridor more than 300 m north of the site. They have indicated that under the railway guidelines these are ruled as insignificant sources of transportation noise and were not included in this assessment. Can you please confirm if you require any additional work with respect to noise to satisfy CN's requirements? Thanks, Katie From: Ashkan Matlabi < shkan.lf4/tla.dabi u .p > On Behalf Of Proximity Sent: Wednesday, April 20, 2022 3:00 PM To: Katie Anderl <IKatie::A,indelrll.. -V gtcheonelr c a > Subject: [EXTERNAL] 2022-04-20_CN_RES_ REVISED: Circulation for Comment - 130-142 Victoria Street South (OPA/ZBA) subject.Thank you for consulting CN on the application mentioned in , past for an application regarding this site. Please replace any previous comments with the following recommended conditions. CN encourages the municipality to pursue the implementation of the following criteria as conditions of an eventual project approval: 1. The Owner shall engage a consultant to undertake an analysis of noise. Subject to the review of the noise report, the Railway may consider other measures recommended by an approved Noise Consultant. 2. The following clause should be inserted in all development agreements, offers to purchase, and agreements of Purchase and Sale or Lease of each dwelling unit within 300m of the railway right-of-way: +: Canadian National Railway Company have a rights-of-way within 300 metres from the land the subject hereof. There may N alterations to or of the railway facilities on + +r the possibility that the railway or assigns or successors operations,expansion +# + s r iesign *f the development and individual dwelling(s). CNR will not be responsible for any complaints or claims arising from use of such facilities and/or operations on, over or under the aforesaid Page 210 of 399 implemented„ -e and further that the Owner shall have sole responsibility forand shall maintain these measures to the satisfaction i. 5. The Owner shall be required to grant CN an environmentalfor operational noise vibrationregistered against. property . CRI anticipates the opportunity to review a N&V study taking into consideration the CN development guidelines. s r ! o” Urbaniste senior / Senior Planner (CN Proximity) Planning, Landscape Architecture and Urban Design rbanisme, architecture de paysage et design urbain proximity(ftn.ca T : 1-438-459-9190 1600, Rene -Levesque Ouest, Ile etage Montreal (Quebec) 3H 1P9 CANADA From: Christine Kompter <Ihlri.,sti_rn_e. IKcriron.pter(kitclneneraca> Sent: Thursday, April 14, 2022 10:13 AM To: Proximity <piroximitycn,ca>; _DL #DSD Planning<IU5_.:::Ig_rnrno_r7.gi�roso_in.__Itclh_e.inelrq >; Aaron McCrimmon-Jones <Aaron.VVI_cCro_inrp_oJn_prr... rn_n s..0 _Vcrtcihener.._ca>; Bell - c/o WSP <cprcula_tuons��_ .s. com>; Dave Seller <1D ve.S ller... kitcl eneracy>; David Paetz <I[)avu_d_o_Paetz.. kitchener.ca>; 'Peds' ......... °x ......... ........................................................................... <vP_ed'...Cf:F _s.cg,>; GRCA - Planning (planning( gra rid river.ca) < tannin e randriveroca>; Greg Reitzel < re�go_(ltutx l _K<.tc_hener.ca>; Hydro One - Dennis DeRango <1 nda�us�ra0�rgrquo�g��hy�Upg� o�pr�>; Jim Edmondson <Jirru IE duu�ondson� Vcu g�:r_a�n r cg>; Justin Readman <Ju�s�in Re do�rnan.L«�ki chener.ca>; ........ ......... ....... Katherine Hughes<IKatlheiriiinq:_H�uglh_��_.?..Ikil.tclhencr ca>; 'K -W Hydro - Greig Cameron' < caiLaura Anderson <ii..au�aira.Ain¢�_ersgin_ Ikiitclh_e.ineir.ca>; Mike Seiling <Ifi/�_iilke..Se.islliing. _!kitclheingr.ca>;'Ontario Power Generation' Page 211 of 399 <ExecutVvevp,.lrddlla.Park Planning (SM)<IFla.rlk,lF'llarr�ng.Ckitclhen.er.c >; ................................................... , Region -Planning <PIIanno_ro. A __Ii_caro_a.n_s..(_r.gia_raf..rV_ea.a_c>; Property Data Administrator (SM) <.Pu-.cxgDataAdmin@kutchener.ca>; Robert Morgan <,Rcsb ta_Vrl6_pir@kutcheneroca>; Steven Ryder <Stev rti..��iydelr@kutchener.ca>; Sylvie Eastman<S.yVvVe.Eastman@kutcVoeneroca>; WCDSB -Planning <g am inawcdsboca>; WRDSB - Board Secretary ( tg.in_e burn.s@wrdsb.ca) <e.au_ru_ bulrns@ rdsboca>; WRDSB - Planning <pVannVng@Wrdsb.ca> Cc: Katie Anderl <,Ka.ti ..AriderV_ _kotchc_roer. ca,> Subject: REVISED: Circulation for Comment - 130-142 Victoria Street South (OPA/ZBA) CAUTION: This email originated from outside CN: DO NOT click links or open attachments unless you recognize the sender AND KNOW the conten AVERTISSEMENT : ce courriel orovient d'une source externe au CN : NE CLIQUEZ SUR AUCUN lien ou piece iointe a moins de reconnaitre My apologies — original email contained incorrect ShareFile link. This has now been corrected — see below. Please see attached. Additional documentation is saved in SlhaireF.ill_e. Comments or questions should be directed to Katie Anderl, Senior Planner (copied on this email). Christine Kompter Administrative Assistant I Planning Division I City of Kitchener 200 King Street West, 6th Floor I P.O. Box 1118 Kitchener ON N2G 4G7 519-741-2200 ext. 7425 1 TTY 1-866-969-9994 christine.kompter@kitchener.ca 0' / Page 212 of 399 Katie Anderl Senior Planner City of Kitchener 200 King Street West, 6t" Floor P.O. Box 1118, Kitchener, ON N2G 4G7 Dear Ms. Anderl, PLANNING, DEVELOPMENT AND LEGISLATIVE SEPVICES Community Planning 150 Frederick Street 8th Floor Kitchener Ontario N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4466 www.regionofwaterloo.ca Melissa Mohr 226-752-8622 File: D17/2/22004 C14/2/22006 November 2, 2022 Re: Proposed Official Plan Amendment OPA 22/04 and Zoning By-law Amendment ZBA 22/06 130-142 Victoria Street South IBI Group Inc. (Victor Labreche) on behalf of 1936026 Ontario Inc. (C/O Matthew Laing) CITY OF KITCHENER IBI Group Inc. on behalf of 1936026 Ontario Inc. has submitted an Official Plan Amendment and Zoning By-law Amendment for a development proposal at 130-142 Victoria Street South in the City of Kitchener. The applicant is proposing a mixed-use development that includes a 25 storey residential tower with four (4) ground floor commercial units. The applicant has proposed office space on the second floor. Floors 3-25 include a total of 249 residential units. Access is proposed from Victoria Street South. Fifty-one (51) vehicle parking spaces as well as secured bike parking spaces are contained in two underground parking levels. Amenity areas are located on the top of the 6 -storey podium and through private balconies. The subject lands are located in the Urban Area of the Region and designated Urban Growth Centre in the Regional Official Plan. The subject lands are designated Mixed Use in the City of Kitchener Official Plan and zoned Low Intensity Mixed Use Corridor (MU -1) Zone with Special Use Provision 401 IU in the City's Zoning By-law. The Document Number: 4215405 Version: 1 Page 1 of 11 Page 213 of 399 applicant has proposed an Official Plan Amendment to permit a maximum FSR of 12.73 (whereas a max FSR of 4.0 is currently permitted). A Zoning By-law Amendment is required to permit the rezoning of the subject lands from the Low Intensity Mixed Use Corridor (MU -1) Zone with Special Use Provision 401 IU to the Low Intensity Mixed Use Corridor Zone (MU -1) Zone with Special Regulations 1 R and 525R and Special Use Provision 401 U with a New Special Regulation Provision and New Holding Provision to permit the following: New Special Regulation Provision: • Permit a minimum side yard setback abutting a street of 0 metres; whereas 4.5 metres is required; • Permit a minimum rear yard setback of 0 metres; whereas 7.5 metres is required; • Permit a minimum fagade height of 5.0 metres; whereas 6.0 metres is required; • Permit a maximum building height of 85.95 metres; whereas 13.5 metres is required; • Permit a maximum floor space ratio of 12.73; whereas a maximum of 2.0 is permitted; • Permit an off -Street Parking rate for: o Multiple dwellings at 0.20 spaces per dwelling unit; whereas 1.0 space per dwelling unit is required; o Retail uses at 0 spaces; whereas 1.0 space per 20.Om2 of the gross floor area is required; o Office uses at 0 spaces, whereas 1.0 space per 28.0 m2 of the gross floor area is required; • Permit an off-street visitor parking rate of 0 spaces; whereas 20% of the total parking is required; • Permit three (3) barrier -free parking spaces; whereas eight (8) spaces are required. New Holding Provision: • To add a Holding Provision to the zone to require the Record of Site Condition. The Region has had the opportunity to review the proposal and offers the following at this time: Regional Comments Consistency with Provincial Legislation and Regional Official Plan Conformity The subject lands are designated "Urban Area" and "Urban Growth Centre" on Schedule 3a of the Regional Official Plan (ROP) and the site is located in the Major Transit Station Area of the City of Kitchener and is designated Mixed Use in the City of Kitchener Official Plan. Document Number: 4215405 Version: 1 Page 2 of 11 Page 214 of 399 Planned Communitv Structure: The Urban Area designation of the ROP has the physical infrastructure and community infrastructure to support major growth and social and public health services (ROP Section 2.D). The ROP supports a Planned Community Structure based on a system of Nodes, Corridors and other areas that are linked via an integrated transportation system (ROP objective 2.1 and 2.2). Components of the Planned Community Structure include the Urban Area, Nodes, Corridors and other development areas including Urban Growth Centres (UGC's) and Major Transit Station Areas (MTSA's). Most of the Region's growth will occur within the Urban Area and Township Urban Area designations, with a substantial portion of this growth directed to the existing Built -Up Area of the Region through reurbanization. Focal points for reurbanization include Urban Growth Centres, Township Urban Growth Centres, Major Transit Station Areas, Reurbanization Corridors and Major Local Nodes (ROP Section 2.13). The density and mixed-use nature of the development is encouraged within the Urban Growth Centres of the Region. Regional staff acknowledge that the subject lands are located within 500-800 m of multiple Stage 1 ION stops and this development proposes a higher density on site that contributes to the minimum density targets established within the Growth Plan and Regional Official Plan for the Urban Growth Centre of Kitchener. Furthermore, Regional staff acknowledge that the development proposal includes a development fronting onto a Regional Road and existing transit route (Victoria Street South) and proposes a reduced vehicular parking rate for future residents of the site. Higher density development with reduced parking rates are supported within Urban Growth Centres and Major Transit Station Areas of the Region. Regional Official Plan Amendment 6 (ROPA 6): The subject lands are located within the Urban Growth Centre of Kitchener and are located within the Regional Council Adopted Central Station Major Transit Station Area (MTSA). The development concept proposes a higher density mixed-use development that contributes to the minimum density target established for the Urban Growth Centre Central Station MTSA of 200 people and jobs per hectare and 160 people and jobs per hectare respectively. As Urban Growth Centres and Major Transit Station Areas are identified as Strategic Growth Areas where the highest levels of growth and development will be directed, the Region is supportive of the increased density and uses within these areas. The density and mixed -uses proposed through these applications are supported within ROPA 6. Development within Major Transit Station Areas are to be transit -supportive and prioritize access to the transit station. Regional staff understand that the development has street presence and includes pedestrian access to the sidewalk along Victoria Street South. In addition, the development concept proposes a reduction in the minimum required parking spaces and includes indoor bicycle stalls facilitating access Document Number: 4215405 Version: 1 Page 3 of 11 Page 215 of 399 to multiple multi -use transit routes within the vicinity of the site. The development conforms to these policies. Finally, the housing form proposed through these applications include apartment style residential units. The type of housing proposed through this development will contribute to the mix of housing form within this area. Furthermore, the addition of residential and commercial uses will add to the diverse mix of uses within the Central Station MTSA. In addition to the above planning comments, Regional staff have the following technical comments relating to the proposed Official Plan Amendment and Zoning By-law Amendment: Record of Site Condition/Environmental Threats There are medium and high environmental threats located on the subject lands due to past land uses according to the Region's Threats Inventory Database. Regional staff acknowledge that the applicant is proposing a density increase of a sensitive land use on the property that contains a medium and high environmental threat; therefore, a Record of Site Condition and Ministry Acknowledgement Letter shall be required for the entirety of the subject lands prior to the approval of the Zoning By-law Amendment. The Region acknowledges that the applicant has included a Holding Provision on the entirety of the subject lands until the RSC has been filed with the Ministry of Environment, Conservation and Parks and the RSC and Ministry Acknowledgement letter have been submitted to the satisfaction of the Regional Municipality of Waterloo. The Region is supportive of this Holding Provision and the required wording for the holding provision is: That a holding provision shall apply to the entirety of the subject lands until a Record of Site Condition (RSC) in accordance with O. Reg. 153/04, as amended, has been filed on the Ministry of Environment, Conservation and Parks (MECP) Environmental Site Registry on or after July 1, 2011 and the Ministry Acknowledgement letter has been submitted to the satisfaction of the Region. Please ensure the lands that are to be dedicated as part of the road widening and daylight triangle to the Region of Waterloo are excluded from the Record of Site Condition required above. Corridor Planning Environmental Noise: Regional staff have reviewed the study entitled "Environmental Noise Feasibility Assessment, 130-142 Victoria Street South, Kitchener, Ontario" dated March 23, 2022, completed by Gradient Wind Engineers & Scientists in support of the above noted Official Plan and Zoning By-law Amendment and have the following comments that must be addressed as part of the detailed design stage: Document Number: 4215405 Version: 1 Page 4 of 11 Page 216 of 399 The study notes the correct major source or roadway traffic in the area is Victoria Street South and Park Street, but references noise from the CN Huron Park Spur Line, which is too far away. The area of influence for a spur rail line is 250m. The report must be updated accordingly. In addition, the report indicated that the noise levels along Victoria Street South exceed the noise level guidelines and require noise warning clauses and specific building components incorporated into the design and construction of the site. The report does not include a section on the recommended building facade components, but contains a brief note in the Conclusions and Recommendations section that "Standard OBC 2020 compliant double pane windows will be sufficient to maintain indoor sound levels to acceptable levels. These windows typically have STC rating of more than 30." Please provide more specifics related to the building components recommended and the fagade construction assumptions used to come to the STC ratings. Stationary Noise: Regional staff have reviewed the study entitled "Environmental Noise Feasibility Assessment, 130-142 Victoria Street South, Kitchener, Ontario" dated March 23, 2022, completed by Gradient Wind Engineers & Scientists in support of the above noted applications and have the following comments: Impacts form Existing Stationary Noise Sources GO Layover Site The existing GO layover site is located sufficiently from the development that the noise impacts from idling locomotives are expected to be insignificant and the report concluded that the noise levels at the subject lands are approximately 49 dBA, well below the specific NPC -300 stationary noise level criteria of 55 dBA for layover sites. Hardware Store, Storage Yard - 166 Park Street A sample calculation was performed utilizing Equation 1 and a reference impulsive sound power level of 104 dBAI, equal to 72 dBAI at 15 m, to extrapolate noise levels at the study site. This results in a noise level of 43 dBAI at the study site, falling below the NPC -300 exclusionary limits summarized in Table 1 of the assessment. Furthermore, the property is beyond the 70 m potential influence are for Class 1 industries, as defined by the D -Series guidelines. The adjacent property at 305 Joseph Street may also be a Class 1 industry, however this property already has an Environmental Compliance Approval (ECA) for air (ECA #4613-C8VMEP) and no sources of stationary noise are identified. Adjacent Condominium Buildings HVAC equipment on surrounding condominium buildings includes air -handling units, cooling towers and emergency generators, which are typically the greatest contributors. Document Number: 4215405 Version: 1 Page 5 of 11 Page 217 of 399 These sources will have been designed with mitigation for the surrounding condominium towers, such as noise screens or silencers. Because the study site has similar or greater setback distance, it is expected to be compatible with these existing properties. Although detailed building designs have yet to be provided, the study did not identified potential on-site noise sources such as cooling towers; air handling equipment and underground garage exhaust system that may be associated with the development. These will require further assessment to determine any impacts to the on-site and off- site sensitive receptors. Regional Staff recommend that the assessment of these aspects of the proposal including the mitigation detail (if any) be further studied through a detailed stationary noise study and that a Holding Zone be implemented until this information is obtained all to the satisfaction of the Regional Municipality of Waterloo. Regional staff are satisfied with the conclusions and recommendations within the Noise Impact Study at this stage (Official Plan and Zoning By-law Amendment stage) subject to the implementation of a Holding Provision for a detailed Stationary Noise Study. The detailed noise study should include details relating to floor plans, building elevations, mechanical drawings, and equipment selections. Furthermore, the equipment selected shall comply with the Ministry of Environment, Conservation and Parks (MECP) NPC - 300 Noise Guideline. In addition to the above, Regional staff recommend the following noise -warning clause be registered on title for all dwelling units. It is recommended that the owner to enter into an agreement with the City of Kitchener and that the following clause(s) be included in agreements of Offers of Purchase and Sale, lease/rental agreements at the Site Plan stage and draft approval of Condominium application stage (if applicable). 1. "Purchasers/tenants are advised that due to the proximity of the adjacent Commercial/Industrial facilities and Residential Tower roof -top units and other noise sources, sound from these facilities and roof -top units and other noise sources may at times be audible." 2. The Acoustical Consultant for the proposed development shall prepare a noise study addendum when floor plans, building elevations and mechanical drawings and equipment selections are available and confirm that mechanical equipment sound emissions comply with MECP Guideline NPC -300 at the development itself and other noise sensitive receptors in the neighbourhood. 3. That prior to the issuance of any building permits, the City of Kitchener's Building Inspector will certify that the noise attenuation measures (if any) are incorporated in Document Number: 4215405 Version: 1 Page 6 of 11 Page 218 of 399 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. Regional Road Dedication: The subject lands have direct frontage on Victoria Street South (Regional Road 55) which has a dedicated road width of 26.213m (86ft) in accordance with Schedule `A' of the Regional Official Plan. The existing Victoria Street South right-of-way measures approximately 20.117m (66ft) and Regional staff estimate that an approximate road dedication of 3.048m (10 ft) is required across the entire property frontage of Victoria Street South. In addition, a daylight triangle measuring 7.62m x 7.62m (measured after the road widening) is also required at the intersection of Victoria Street South and Bramm Street (the intersection), but the Region can accept a 5m x 5m or 3m x 3m daylight triangle at the intersection of Bramm and Victoria Street South due to the constrained nature of this site and its location within the historic area of Kitchener. The concept plans provided with the application appear to show a number of building features (e.g. doorways) that abut the Victoria Street South right-of-way. Please ensure that the proposed building features are located fully within the private property including and doorways and architectural features. Please ensure that all site features (e.g. below, at and above grade) are all located on private property. In addition, please be advised that a Phase I ESA (and possibly a Phase II ESA) shall be required for the portion of lands to be dedicated to the Reigon of Waterloo. Please ensure the lands that are to be dedicated to the Region of Waterloo as indicated above are excluded from the Record of Site Conditions required above. Access PermitlTlS/Access Regulation: The subject lands currently have access to Victoria Street South, which is a road under the jurisdiction of the Regional Municipality of Waterloo with one access to Bramm Street (under the Jurisdiction of the City of Cambridge). The drawings and plans provided in support of the Official Plan Amendment and Zoning By-law Amendment Application propose the amalgamation and closure of the existing accesses with one new vehicular access on the westerly side of the property along Victoria Street South and an access to the shared laneway from Bramm Street. Regional staff have no objection to the amalgamation and closure of existing accesses with one new vehicular access on the westerly side of Victoria Street South as it is currently proposed. In addition to the above, a Transportation Impact Study and Transportation Demand Management study entitled 130-142 Victoria Street South, Kitchener, ON, Transportation Impact Study, Parking Study & Transportation Demand Management Plan" dated December 2021, completed by Paradigm Transportation Solutions Limited has been submitted in support of the application. Regional staff have no objection to Document Number: 4215405 Version: 1 Page 7 of 11 Page 219 of 399 the report at this stage (Official Plan Amendment and Zoning By-law Amendment stage). Detailed comments will be provided under separate cover. Please be advised that if any improvements to the Regional Road network are identified through the study and approved by the Region of Waterloo, the developer may be responsible for any financial and property requirements associated with the road improvements. In addition, please be advised that the TIS review fee of $500.00 has been received (and deposited) by the Regional Municipality of Waterloo. Stormwater Management and Site Grading: Regional staff have reviewed the report entitled "Functional Servicing and Stormwater Management Report" dated November 30, 2021, completed by WalterFedy in support of the above noted Official Plan Amendment and Zoning By-law Amendment applications. Regional staff accept the report at this stage and detailed comments regarding the report will be sent through the future site plan application. Transit Planning: Grand River Transit (GRT) currently operates Route 20 along this section of Victoria Street South with an existing transit stop within close proximity to the subject lands. GRT staff have been circulated this application and specific Regional conditions of approval related to transit will be provided through a future site plan application. Region of Waterloo Transportation Capital Program This section of Victoria Street South is identified within the Region's 10 -Year Transportation Capital Program for reconstruction in 2029. For additional information regarding this project, please contact William Gilbert at w ilq bert(c�regionofwaterloo.ca Region of Waterloo International Airport/NAV Canada: Although the proposed development falls outside of the Region of Waterloo International Airport, NAV Canada requires to be notified of the construction of buildings and the use of construction cranes for development above 30.48m (100 ft) above ground level. The developer of the project must complete and submit a Land Use Submission form to NAV Canada. The form can be found here: https://www.navcanada.ca/en/products-and-services/Pages/land-use-program.aspx. Hydrogeology and Source Water Programs: Due to the potential for contamination on the subject lands (as described above) Regional staff require a prohibition on geothermal energy systems to be written into the Zoning By-law. The required wording for the prohibition is: Geothermal Wells are prohibited on site. A geothermal well is defined as a vertical well, borehole or pipe installation used for geothermal systems, ground -source heat pump systems, geo-exchange systems or earth energy systems for heating or cooling; including open -loop and closed-loop vertical borehole systems. A geothermal well does Document Number: 4215405 Version: 1 Page 8 of 11 Page 220 of 399 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. Regional Water Services: Regional Water Services staff understand that the applicant has proposed a connection to local services available from Bramm Street and have no objection to the application. Please be advised that no connection to the 600 mm Regional watermain on Victoria Street South shall be permitted in accordance with Section B.2.1.4.1 of the Design Guidelines and Supplemental Specifications for Municipal Services, January 2021. Housing Services The Region supports the provision of a full range of housing options, including affordable housing. The Region's 10 -Year Housing and Homelessness Plan contains an affordable housing target for Waterloo Region. The target is for 30% of all new residential development between 2019 and 2041 to be affordable to low and moderate income households. Staff recommend that the applicant consider providing a number of affordable housing units on the site. Staff recommend meeting with Housing Services to discuss the proposal in more detail and to explore opportunities for partnerships or programs. For the purposes of evaluating the affordability of an ownership unit (based on the definition in the Regional Official Plan), the purchase price is compared to the least expensive of: Housing for which the purchase price results in annual accommodation costs which do not exceed 30 percent of gross $385,500 annual household income for low and moderate income households Housing for which the purchase price is at least 10 percent below the average purchase price of a resale unit in the $576,347 regional market area Based on the most recent information available from the PPS Housing Tables (2021). In order for an owned unit to be deemed affordable, the maximum affordable house price is $576,347. For the purposes of evaluating the affordability of a rental unit (based on the definition of affordable housing in the Regional Official Plan), the average rent is compared to the east expensive or: A unit for which the rent does not exceed 30 per cent of the gross annual household income for low and moderate income $1,470 renter households Document Number: 4215405 Version: 1 Page 9 of 11 Page 221 of 399 A unit for which the rent is at or below the average market rent Bachelor: $950 (AMR) in the regional market area 1 -Bedroom: $1,134 2 -Bedroom: $1,356 3 -Bedroom: $1,538 4+ Bedroom: $3,997 "Based on the most recent information available from the PPS Housing Tables (2021) In order for a unit to be deemed affordable, the average rent for the proposed units must be at or below the average market rent in the regional market area, as listed above. Fees By copy of this letter, the Region of Waterloo acknowledges receipt of the review fees of $7,900.00 (Official Plan Amendment, Zoning By-law Amendment, Environmental Noise and TIS review fees). Conclusions: Based on comments above, the Region has no objection to the Official Plan Amendment and Zoning By-law Amendment Applications subject to the implementation of the following: 1. Holding Provision related to the Record of Site Condition and Ministry Acknowledgement letter. The required wording is: That a holding provision shall apply to the entirety of the subject lands until a Record of Site Condition (RSC) in accordance with O. Reg. 153/04, as amended, has been filed on the Ministry of Environment, Conservation and Parks (MECP) Environmental Site Registry on or after July 1, 2011 and the Ministry Acknowledgement letter has been submitted to the satisfaction of the Region. 2. Holding Provision related to the detailed stationary noise study. The required wording is: That a holding provision shall apply to the entirety of the subject lands until a detailed stationary noise study has been completed and implementation measures addressed to the satisfaction of the Regional Municipality of Waterloo. The detailed stationary noise study shall review the potential impacts of the development on itself (e.g. HVAC system on the sensitive points of reception) and the impact of the development on the adjacent sensitive land uses. 3. The implementation of a geothermal well prohibition. 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 Document Number: 4215405 Version: 1 Page 10 of 11 Page 222 of 399 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. In addition to the above, any future development on the lands subject to the above -noted application will be subject to the provisions of Regional Development Charge By-law 19- 037 or any successor thereof. Please accept this letter as our request for a copy of the decision pertaining to this application. Should you have any questions, please do not hesitate to contact me. Yours truly, Melissa Mohr, MCIP, RPP Senior Planner C. 1936026 Ontario Inc. C/O Mathew Laing (Owner) Victor Labreche, IBI Group (Applicant) Document Number: 4215405 Version: 1 Page 11 of 11 Page 223 of 399 � n Administration Centre: 400 C:lyde Road, PC), Box /29 C cvnhridape, C)Id I`d 113 `M6 Ph4' in(.'k:'k P) 62 1 2/0 1 Tod@ freer 14('56 (.)C)U 4/.;12 Fax;:,1 1) 021 4,S44 wwwgrandriver.ca Go n April 20, 2022 Katie Anderl Senior Planner City of Kitchener 200 King Street West Kitchener ON N2G 4V6 katie.anderl(a)kitchen er.ca Re: Official Plan Amendment OPA22-004-V-KA Zoning Bylaw Amendment ZBA22-006-V-KA 130-142 Victoria Street South 1936026 Ontario Inc. Dear Ms. Anderl, The Grand River Conservation Authority (GRCA) staff have reviewed the above -noted application for a 25 -storey, mixed-use development. Recommendation We have no objections to the application. Documents Reviewed by Staff Staff have reviewed the following documents submitted with this application: • Topographic survey (JD Barnes, June 17, 2021) • Functional Survey and Grading Plans (WalterFedy, revised February 1, 2022) • Architectural Package (Core Architects, December 17, 2021) This submission follows our pre -consultation comments on July 26, 2021. Page 1 of 2 C ri'',) e i, oi,,(-,rv,'aIirraa ()rar arn:), rprr s,,rlirar i r i o's 36 Cori,'errtirrra A iC,Iioririih'ie Gr,iri(J A Canadian 4leric�,r e River Page 224 of 399 GRCA Comments The GRCA has reviewed this application as per our Provincial delegated responsibility to review natural hazards identified in Section 3.1 of the Provincial Policy Statement (PPS, 2020), as a public body under the Planning Act, and in accordance with Ontario Regulation 150/06, GRCA's Board approved policies, and our MOU with the Region of Waterloo. The properties are located in the flood fringe portion of a two -zone floodplain policy area. Development may be permitted in the floodplain subject to meeting the requirements set out in the Kitchener Official Plan (OP). The functional grading plan demonstrates the building and underground parking will be floodproofed, and the topographic survey demonstrates that safe access along Victoria Street South and Bramm Street is available. As part of a subsequent site plan application, the GRCA requests the following details: • Revising the architectural cross-section plans to show geodetic elevations; • Demonstration that: o Elevator access to the below -grade parking is prevented during flooding; o Sump pump facilities are included; and, o Electrical and mechanical services are floodproofed. This is considered a minor official plan / zoning bylaw amendment. Consistent with GRCA's 2022 approved fee schedule, we will invoice the applicant $445 for our review. A separate fee will be required for a GRCA permit. We trust this information is of assistance. If you have any questions or require additional information, please contact me at 519-621-2763 ext. 2292 or theywood(a).grand river. ca. Sincerely, zx� Trevor Heywood Resource Planner Grand River Conservation Authority cc: Victor Labreche, IBI Group Page 2 of 2 Page 225 of 399 From: Planning <planning@wcdsb.ca> Sent: Friday, May 6, 2022 4:06 PM To: Katie Anderl Subject: [EXTERNAL] RE: REVISED: Circulation for Comment - 130-142 Victoria Street South (OPA/ZBA) Attachments: RE: Notice of Pre -submission Consultation - 130, 138 & 142 Victoria Street South (OPA/ZBA) Good Afternoon Katie, The Waterloo Catholic District School Board has reviewed the subject application and have no further comments beyond those submitted for the pre -submission consultation. I have attached those comment for reference to this e-mail. If you require any further information, please contact me by e-mail at Jordan.Neale@wcdsb.ca. Thank you, Jordan Neale Planning Technician, WCDSB 480 Dutton Dr, Waterloo, ON N2L 4C6 519-578-3660 ext. 2355 From: Christine Kompter < hru_s.d n_e.a.V<p_Eu.lpte�rC kutchener ca> Sent: Thursday, April 14, 2022 10:13 AM To: 'CNR' <grp?.urnu.ty. rr,c >; _DL_#_DSD_Planning <I[ I[ :: V rvrvprngl[buy.'u_si_on ._ i.rchenerr ca>; Aaron McCrimmon-Jones <Aaron Mc ro_rnno.r�_p.n.- r rn s VcrtrVnener c >; Bell - c/o WSP <cprcWations�� sp:! ¢q >; Dave Seller <1D ve.S Iver Htchener ca> David Paetz <IDavid P etz kutchener.ca>; 'Peds' ............................. ............................................................... «B_e..":Fes.cg>; GRCA - Planning(12.0__n_n.1n.8.@.8rg_9_d_ri�r�r.a g) <pl�roraprn(�gr�rndrurr�u oc�>; Greg Reitzel <.ire._(iiZi@Ikiilc.lhrnr:c>; Hydro One -Dennis DeRango<Iains.g.1inini'iingIhyr.irginirn>; Jim Edmondson <Jiinn_:Ec9.irmgrndsgrn...@J itclh_einer:ca>; Justin Readman<Jua_s.ti.in.Readirrra_in_@.Ikirtclhen.er:_ca>; Katherine Hughes<iKgtlheiriiinc:_H�uglh_es_.?..Ikil.tclhencir c >; 'K -W Hydro - Greig Cameron' <8cg_imeirern@ �nrlh .rr.r�in c >; Laura Anderson <,[..auair.a. ind'_e.irspin �IKiitclh_e.inerr..ca>; Mike Seiling <i _ii.Ike...Sefflin ...@..ki.tcjherner._cg>; 'Ontario Power Generation' <IE:xecuti p.Ilawanddevelloprneint _ o�..coinn>; Park Planning (SM) <Illarlk.lilllanniin @kitclhener.ca>; .................................................................................................. Region - Planning <II�II_arnrnii.in. p liicatiioins@ire gioinofwateirlloo.ca>; Property Data Administrator (SM) <Prrolp_ g.tgAdj _i.in..@.Ikii.tclh ln_e1 c >; Robert Morgan <.Rolberrt..Morgain@kiricheiner.ca>; Steven Ryder <Steven„Iitydeir�cDllkirtclheiner.ca>• Sylvie Eastman <.Syllvie.Eastmain@kiitclheiner.ca>; Planning .......................................... < I[g!n!n.i_In,g @wcdsb.ca>; WRDSB - Board Secretary (ell_gjne burns@mrrdsb.ca) < II_ajing buirins@wrdsb.ca>; WRDSB - Planning <;pVannin2@wrdsb.ca> Cc: Katie Anderl <I<atie.. inderrll.@!<itc�i_e_n_e.r..cg,> Subject: REVISED: Circulation for Comment - 130-142 Victoria Street South (OPA/ZBA) Caution - External Email - This Message comes from an external organization. Do NOT click on unrecognized links or provide your username and/or password. Page 226 of 399 My apologies — original email contained incorrect ShareFile link. This has now been corrected — see below. Please see attached. Additional documentation is saved in ShareF".ill_e.. Comments or questions should be directed to Katie Anderl, Senior Planner (copied on this email). Christine Kompter Administrative Assistant Planning Division I City of Kitchener 200 King Street West, 61h Floor I P.O. Box 1118 Kitchener ON N2G 4G7 519-741-2200 ext. 7425 TTY 1-866-969-9994 christine.kompter@kitchener.ca Disclaimer - This email and any files transmitted with it are confidential and contain privileged or copyright information. You must not present this message to another party without gaining permission from the sender. If you are not the intended recipient you must not copy, distribute or use this email or the information contained in it for any purpose other than to notify us. If you have received this message in error, please notify the sender immediately, and delete this email from your system. We do not guarantee that this material is free from viruses or any other defects although due care has been taken to minimize the risk. Any views expressed in this message are those of the individual sender, except where the sender specifically states them to be the views of the Waterloo Catholic District School Board. Page 227 of 399 From: WRDSB Planning <planning@wrdsb.ca> Sent: Tuesday, May 3, 2022 4:14 PM To: I<atie Anderl Cc: Christine Kompter; Planning Subject: [EXTERNAL] Re: [Planning] REVISED: Circulation for Comment - 130- 142 Victoria Street South (OPA/ZBA) PLANNING May 5, 2022 Re: Notice of Application for Zoning By-law and Official Plan Amendment File No.: ZBA22/006N/KA and OPA22/004N/KA Municipality: City of Kitchener Location: 130-142 Victoria Street South Owner/Applicant: 1936026 Ontario Inc. Dear Katie Anderl, The Waterloo Region District School Board (WRDSB) has reviewed the above -noted application that proposes the development of a 25 storey mixed use development including 4 ground floor commercial units, second floor office space, and 249 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: • King Edward Public School (Junior Kindergarten to Grade 6) • Margaret Avenue Public School (Grade 7 to Grade 8) • Kitchener -Waterloo C.I. (Grade 9 to Grade 12) The WRDSB's 2020-2030 Long -Term Accommodation Plan anticipates residential development intensification along this segment of the ION and the area will continue to be monitored closely. Interim student accommodation measures, including portable classrooms, may be required until an alternative accommodation solution is in place. Alternatively, the WRDSB may conduct a boundary study or designate this property as a "Development Area" and assign it to Holding Schools before occupancy or sales. 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. WRDSB staff are interested in engaging in a conversation with the City of Kitchener, and applicant to review the optimization of pedestrian access to public transit, and municipal sidewalks so students may access school bus pick-up points. Student Transportation Services of Waterloo Region (STSWR)'s school buses will not travel privately owned or maintained rights-of-way 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 rights-of-way. WRDSB Conditions Concerning any future declaration or site plan agreement, the WRDSB requests the following inclusions: Page 228 of 399 1. That the Owner/Developer shall include the following wording in the condominium declaration to advise all purchasers of residential units and/or renters of same: a. "Despite the best efforts of the Waterloo Region District School Board (WRDSB), accommodation in nearby facilities may not be available for all anticipated students. You are hereby notified that students may be accommodated in temporary facilities and/or bussed to a school outside the area, and further, that students may, in future, be transferred to another school." b. For information on which schools are currently serving this area, contact the WRDSB Planning Department at 519-570-0003 ext. 4419, or email planningco)_ wrdsb. ca. Information provided by any other source cannot be guaranteed to reflect current school assignment information. c. "In order to limit liability, public school buses operated by the Student Transportation Services of Waterloo Region (STSWR), or its assigns or successors, will not travel on privately owned or maintained right-of-ways to pick up students, and potential busing students will be required to meet the bus at a congregated bus pick-up point." 1. That the Owner/Developer enters into an agreement with the City of Kitchener to be registered on the title to the Property that provides: a. "All agreements of purchase and sale or leases for the sale or lease of a completed home or a home to be completed on the Property must contain the wording set out below to advise all purchasers of residential units and/or renters of same." "Despite the best efforts of the Waterloo Region District School Board (WRDSB), accommodation in nearby facilities may not be available for all anticipated students. You are hereby notified that students may be accommodated in temporary facilities and/or bussed to a school outside the area, and further, that students may, in future, be transferred to another school. " For information on which schools are currently serving this area, contact the WRDSB Planning Department at 519-570-0003 ext. 4419, or email plannin.ga,wrdsb.ca. Information provided by any other source cannot be guaranteed to reflect current school assignment information. iii. "In order to limit liability, public school buses operated by the Student Transportation Services of Waterloo Region (STSWR), or its assigns or successors, will not travel on privately owned or maintained right-of-ways to pick up students, and potential busing students will be required to meet the bus at a congregated bus pick-up point." 1. That in cases where Agreements of Purchase and Sale have already been executed, the Owner/Developer sends a letter to all purchasers which include the above statements 2. That the Owner/Developer supply, erect and maintain a sign (at the Owner/Developer's expense and according to the WRDSB's specifications), near or affixed to the development sign, advising prospective residents about schools in the area and that prior to final approval, the Owner/Developer shall submit a photo of the sign for review and approval of the WRDSB. 3. Prior to final approval, the WRDSB advises in writing to the Approval Authority how the above condition(s) has/have been satisfied. Page 229 of 399 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 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. Sincerely, Se16iioiir IIRIainurmeir IPrormouin : sllhmeflheir Waterloo Region District School Board 51 Ardelt Avenue, Kitchener ON, N2C 2R5 Desk: 519-570-0003 Ext. 4308 Mobile: 519-831-4710 Email: emil bumbaco@wrdsb.ca Website: www.wrdsb.ca On Thu, Apr 14, 2022 at 10:13 AM Christine Kompter <Christine.l<ompter@kitchener.ca> wrote: My apologies — original email contained incorrect ShareFile link. This has now been corrected — see below. Please see attached. Additional documentation is saved in ShareFile. Comments or questions should be directed to Katie Anderl, Senior Planner (copied on this email). Christine Kompter Administrative Assistant I Planning Division I City of Kitchener 200 King Street West, 6th Floor I P.O. 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O O +' `~ �a rT O c4 p L Q J V +1EO Ln O _ ca s o 3 v _ v E u' `� c a) v E p 3 0 u u E — 3 v L H — V) +, co 'a E Q +, (o 41 — o � Ln N N O N r6 Y c r6 L U O m 2-1 rn w M 4- 0 N N ca rn w M O ti N N (6 0 N V) O Q v O } L ,— Q a•+ U C N v E 4A Q fD O LO (v N N v - U C U � .— a� m CA _0 C � N L O Q 0 0) L Q Q) 1� N O E 4- (B , U_ Q U O Q Q Q N M = _ N to v� N L a•+ ai lE U C L Q O O C Q Qi 0 QA ua m •— v v N a O +n N mai N •� -O c0 N O o s u ao �' V 0 O •L O O O 3 Mw .1 v O — i m Z N N I.( I N f0 Q O 1 V L Qi N rn w M O ti N N (6 All N) Ir" q'� wd zj May 20, 2022 Katie Anderl Senior Planner City of Kitchener PO Box 1118 Kitchener, ON N2G 4G7 Dear Ms. Anderl, I am writing on behalf of the Victoria Park Neighbourhood Association (VPNA) Development Committee in response to the proposed development at 130-142 Victoria Street South. Although this development is located in the Cherry Park Neighbourhood, Victoria Park residents live directly across the street and will be affected, as will others living and working in the downtown area. Our Development Committee's purpose is to advocate for sustainable and livable development in and around Victoria Park. Our four priorities for development, are to: • Provide a supply of affordable homes;' • Balance green spaces with development; • Develop with climate change in mind; • Include the community as an integral part of the development process. We would like to stress that most downtown residents welcome and understand the need for, and benefits of, urban intensification. We prefer to see our surrounding farmland and wildlife habitats preserved, rather than disappear under urban sprawl. What we need is a more diverse approach to intensification, and a healthy mix of housing options that will continue to accommodate people from a different range of backgrounds, incomes, and family compositions. We have reviewed the supporting documents related to the developer's application and would like to share the following comments and recommendations related to our priorities. Affordability — The developer does not note any plans to provide affordable housing. Kitchener is experiencing a serious housing crisis for people in low to moderate income brackets. A duplexed house and small apartment building, currently providing affordable housing to approximately 20 low income ' Housing forAll: a blueprint for a more caring community, December 2020, is the City of Kitchener's comprehensive strategy to realize the right to housing and make housing affordable using the tools and resources available to a local municipality. In defining affordability, it calls for the following: • 450 Supportive Housing and 5,000 Community Housing units for those whose household incomes range from $23,314 to $37,266 and $37,267 to $49,932; • 9,000 Affordable Rental Housing units for those whose household incomes range from $49,933 to $63,263; • Affordable Home Ownership for those households earning $63,262 to $77,566. Page 249 of 399 households will be demolished to make way for the new development. Where will these people find housing they can afford on social assistance or minimum wage? Recommendations: • that the developer provides 10 % of his units, whether rental or owned, at affordable rates, as defined in Kitchener's recent report "Housing for All"; • that there should be a portion of units that include 3 bedrooms for larger households. Green Spaces — The recently released Spaces Report shows 6 of 9 downtown neighbourhoods in need of park space, based on previous census data. Given the recent high rate of population increase in the downtown core, with more people living in high rises with no green space, the need to create more downtown parks and insist that developers contribute to livability has never been more urgent. Recommendations: • that the developer not be exempt from contributing to green space through cash -in -lieu, and should be charged according to the rates defined by the City of Kitchener; • to improve walkability along Victoria Street, that the developer step back the building by enough space (at least 2 metres), to allow space for a ribbon of green space (including, for example, easy -to - keep perennials and pollinator plants) and sufficient room for trees to be planted and thrive. Climate Change — In 2019, the City of Kitchener joined all other Region of Waterloo municipalities in declaring a climate emergency. It is incumbent on all new developments to maximize ways of protecting the environment and minimizing their green house gas emissions. Little is said about the developer's specific plans to conserve energy and water, other than to note that an Energy Strategy Report has been done and that the developer will explore ways to maximize ways of achieving higher levels of energy and carbon performance. We are eager to know what those will be. More specifically, the developer notes that there will be 51 parking spaces for cars but doesn't mention any plans for EV charging. In light of the rapid ramping up towards electric vehicles, this is a significant oversight. He further notes 60 bicycle parking spaces will be provided in the garage. Given plans for 249 units, 51 car parking spaces, and the likelihood that more than one person in many units will have a bicycle, substantially more bike parking is needed, including for visitors. As some tenants are likely to want e -bikes, EV charging stations will be needed for these, as well as for cars. Recommendations: • that maximum efforts be made to construct all aspects of the building with climate change in mind, including: energy sources, choices, and conservation; water conservation; rain water run-off and heat mitigation; choice of building materials; bird die -off from collisions with tall building windows; • that all car parking be equipped with EV charging stations; • that storage for 200 bicycles be provided, including 20 EV charging stations; and that secure visitor bicycle parking be provided; Page 250 of 399 Community Engagement — During the pre -application stage, there is a great deal of discussion that takes place between developers and planners, prior to any consultation with citizens. Both developers and planners are understandably committed to a design that is already far advanced before citizens have a say. It is our belief that it would be helpful to all — developers, planners, and citizens — if the community were engaged earlier in the process. Recommendation: • that a Citizens' Engagement Committee be formed, composed of residents from affected neighbourhoods, including Victoria Park, the developers' representatives, and City Planners, to ensure ongoing consultation and communication throughout the development process. We are committed to a positive and collaborative approach to development in our neighbourhood. We want to work with developers, city staff, and other neighbourhoods to continue to make our City a healthy, vibrant, and inclusive place to live. We would like to be informed of all opportunities to contribute to this development process. Thank you for your consideration of our comments and recommendations; we look forward to hearing you. Sincerely yours, Peggy Nickels Peggy Nickels, Chair VPNA Development Subcommittee c/o Victoria Park Neighbourhood Association Downtown Community Centre 35B Weber Street West Kitchener, ON CC Councillor Debbie Chapman, City of Kitchener, Debbie.chapman@kitchener.ca Members of the Victoria Park Neighbourhood Association Development Committee Page 251 of 399 Final Addendum to Urban Design Brief dated December 23, 2021 130-142 Victoria Street South, Kitchener . ffud4� &,-id Zari ih i aw &III/.:/V/Ilh:A. Prepared for 1936026 Ontario Inc. ARCADISby Arcadis Professional Services (Canada) Inc. June 14, 2023 Page 252 of 399 ARCADIS PROFESSIONAL SERVICES (CANADA) INC. FINAL ADDENDUM TO URBAN DESIGN BRIEF DATED DECEMBER 23, 2021 130-142 VICTORIA STREET SOUTH, KITCHENER Prepared for 1936026 Ontario Inc. Document Control Page CLIENT: Regional Municipality of Waterloo PROJECT NAME: 130 Victoria Street South REPORT TITLE: Addendum to Urban Design Brief dated December 23, 2021 130-142 Victoria Street South, Kitchener IBI REFERENCE: 132380 VERSION: 1 DIGITAL MASTER: https://ibigroup.sharepoint.com/sites/Projectsl/l 32380/internal Documents/6.0_Technical/6.17_Planning/03_Tech-Reports/PTR_UDB-Addendum_130- 142V ictoriaStS. docx\2023-06-14\B W ORIGINATOR: Christian Tsimenidis REVIEWER: Victor Labreche, Betty White AUTHORIZATION: Victor Labreche CIRCULATION LIST: HISTORY: June 14, 2023 Page 253 of 399 ARCADIS PROFESSIONAL SERVICES (CANADA) INC. FINAL ADDENDUM TO URBAN DESIGN BRIEF DATED DECEMBER 23, 2021 130-142 VICTORIA STREET SOUTH, KITCHENER Prepared for 1936026 Ontario Inc. Table of Contents 1 Introduction.........................................................................................................................1 2 Overview of Development Concept..................................................................................1 Figure 3: Proposed North Elevation Plan prepared by CORE Architects Inc ..................... 5 2.1 Site Plan...................................................................................................................2 Figure 5: Proposed East Elevation Plan prepared by CORE Architects Inc ...................... 7 2.2 Elevations and Renderings......................................................................................3 2.2.1 Victoria Street (South) Fagade....................................................................4 Figure 7: Perspective View, Facing Southwest along Victoria Street South prepared by 2.2.2 North Fagade..............................................................................................5 Design Works Engineering Ltd.......................................................................... 8 2.2.3 West Fagade...............................................................................................6 10 2.2.4 Bramm Street (East) Fagade......................................................................7 12 2.2.5 3D Renderings............................................................................................8 13 3 Response to City and Agency Comments.......................................................................9 13 3.1 City of Kitchener— Urban Design............................................................................9 3.2 City of Kitchener - Parks and Cemeteries..............................................................11 4 Conclusion........................................................................................................................14 Table of Figures Figure 1: Site Plan prepared by CORE Architects Inc........................................................3 Figure 2: Proposed South Elevation Plan prepared by CORE Architects Inc .................... 4 Figure 3: Proposed North Elevation Plan prepared by CORE Architects Inc ..................... 5 Figure 4: Proposed West Elevation Plan prepared by CORE Architects Inc ..................... 6 Figure 5: Proposed East Elevation Plan prepared by CORE Architects Inc ...................... 7 Figure 6: Perspective View, Facing Northwest along Victoria Street South prepared by Design Works Engineering Ltd.......................................................................... 8 Figure 7: Perspective View, Facing Southwest along Victoria Street South prepared by Design Works Engineering Ltd.......................................................................... 8 Figure 8: Preliminary Landscape Plan prepared by STUDIO tla Landscape Architects.. 10 Figure 9: Amenity Plan prepared by STUDIO tla Landscape Architects .......................... 12 Figure 10: Precedent Image No. 1 of Outdoor Amenity Space ........................................ 13 Figure 11: Precedent Image No. 2 of Outdoor Amenity Space ........................................ 13 Page 254 of 399 ARCADIS PROFESSIONAL SERVICES (CANADA) INC. FINAL ADDENDUM TO URBAN DESIGN BRIEF DATED DECEMBER 23, 2021 130-142 VICTORIA STREET SOUTH, KITCHENER Prepared for 1936026 Ontario Inc. 1 Introduction On behalf of our client, 1936026 Ontario Inc., we are submitting this addendum to the Urban Design Brief, dated December 23, 2021, and submitted to the City as part of the Official Plan Amendment and Zoning By -Law Amendment applications (OPA22/004/V/KA & ZBA22/006/V/KA) on subject lands municipally known as 130-142 Victoria Street South, Kitchener. Comments were received from City Staff on June 9, 2022. After several meetings with City staff regarding revisions to the proposed development, the City provided updated comments on January 31, 2023. This addendum intends to address comments provided by City Staff specifically related to Urban Design matters. Please also refer to the "Comment Matrix" document prepared and submitted by Arcadis, which outlines how the applicant has addressed the City's comments pertaining to urban design. 2 Overview of Development Concept Our client is proposing to develop the subject lands to accommodate a 25 -storey, mixed-use development consisting of 249 dwelling units, four (4) retail units on the ground floor, and office space on the second floor. The proposed development will feature a six (6) storey podium and 18 -storey tower. The unit breakdown is as follows: 7ne-Be mm 61 ................................................................................................................................................................................................................................................................. droom 79 _______________________________________ One -Bedroom Plus Den 12 ..................................................................................................................................................................................................................................................................................................................... Two -Bedroom 28 ---------------------- Two -Bedroom Plus Den _________________ 44 ................................................................................................................................................................................. Three -Bedroom 25 ---------------------------------------------------------------------------------------------------------- TOTAL: 249 The proposed development contemplates four (4) retail units on the ground floor. The retail units range in size from approximately 109.0 sq.m. (1173.3 sq.ft) to 179.8 sq.m. (1935.4 sq.ft.), with the largest unit facing Victoria Street South. The total gross floor area of retail space will be 574.5 sq.m. (6184 sq.ft.). The proposed retail units will have frontage along Victoria Street South, as well as Bramm Street to the east in order to have direct access to both street fronts. Office space is also being proposed on the second floor with frontage along Victoria Street South. The total gross floor area of office space will be 575.9 sq.m. (6,200 sq. ft.). The Office Space can be accessed from the lobby, utilizing the proposed elevator system or stairs. The proposed development will have a six (6) storey podium that features outdoor amenity space on the top for future residents. The proposed outdoor amenity space is approximately 191.96 sq. m. (2,066 sq.ft.) in size. The proposed outdoor amenity space will feature both soft and hard landscaping, which is detailed in the Amenity Plan prepared by STUDIO tla Landscape Architects. These features will provide additionally greenery and outdoor amenity space to the development given the limited parcel size. From an architectural perspective, the exterior Page 255 oT 399 ARCADIS PROFESSIONAL SERVICES (CANADA) INC. FINAL ADDENDUM TO URBAN DESIGN BRIEF DATED DECEMBER 23, 2021 130-142 VICTORIA STREET SOUTH, KITCHENER Prepared for 1936026 Ontario Inc. amenity space will feature a canopy above the entrance/exit that is of similar design as the existing canopy on 130 Victoria Street South (Victoria Wellness and Pharmacy). The proposed development features two (2) levels of underground parking for a total of 27 spaces. Among the 27 parking spaces, there is one (1) Type A and two (2) Type B barrier -free parking spaces. Underground parking will be accessed from Bramm Street. All of the 27 parking spaces will be unbundled and dedicated to the residential component of the building. Parking will be accessed from Bramm Street from the east side of the proposed building. The proposed development does not contemplate surface parking, which is supported by the City of Kitchener Official Plan which directs that the applicant reduce parking space demand in support of active transportation and transit and potential redevelopment of surface parking lots especially in intensification areas. Secured bicycle parking is provided, as there will be 249 Class A bicycle parking spaces located on-site. Of the bicycle parking provided, 95 spaces will be provided at -grade to the rear of the site, and the remaining 154 spaces will be in the underground parking levels. In addition, a total of 10 Class 8 bicycle parking spaces will be provided. Six (6) Class 8 spaces are dedicated to the residential component, three (3) spaces are for the proposed Office use, and one (1) for the retail use. The proposed development features one (1) loading space to the rear of the building, as well as two (2) temporary drop-off spaces for delivery and/or pickup services. The loading space and temporary drop-off spaces can be accessed from private rear Ianeway. The private Ianeway is currently owned by DOV Capital Corporation for the lands to the west (92-110 Park Street and 146-162 Victoria Street), however, a shared access easement is in place with the adjacent owners. This Ianeway is owned by Innovations Developments Kitchener Limited and provides access to Bramm Street. In response to discussions with the Region of Waterloo and City of Kitchener staff, 5.0 metre x 5.0 metre daylight triangle is proposed at the corner of Victoria Street South/Bramm Street, as well as a 3.0 metre x 3.0 metre daylight triangle at the corner of Bramm Street/laneway. The proposed daylight triangles ensure the vision of individuals operating a motor vehicle, pedestrians or cyclists is not obstructed as cars and pedestrians enter, leave or pass by the site. The 5.0 metre daylight triangle has been applied to the grade -level of the development, while the below grade parking structure extends into these areas. 2.1 Site Plan Figure 1 below illustrates the updated Site Plan prepared by CORE Architects Inc. Please refer to the Architectural Package prepared by CORE Architects Inc. for the complete version. Page 256 d 399 ARCADIS PROFESSIONAL SERVICES (CANADA) INC. FINAL ADDENDUM TO URBAN DESIGN BRIEF DATED DECEMBER 23, 2021 130-142 VICTORIA STREET SOUTH, KITCHENER Prepared for 1936026 Ontario Inc. a t= LiFAC1tAv a" f3 .A. E"TRY E c EXIT - PROPERTYIF 37.E p.�rn h4 ua v rvvdt. SETBACK -MPHI r b ILS 25 STOREYS �Ir[ i am rsmnurvau'zrvv � n I MPH J* i 2.00„T 3A# r6 - ” W I$ET A& -X4'3.7 E'Y �. t 1. _ 1410 m ' _ L I E �. SETT BACK • I,6.20 O ; t 3YhF.'I'N I/u [.Pv m:%xPlfn xasrdtl—a;, ... SETBACK • L21.25 i tE' w ww3 LIA`C114':iHY YPYUAi ".Lf [- - r^ kCCWk�N: C'14bN Y411.%5.M1M E 3.00 m 37.72 in r� I� IW E. s Kj L1 0.00 m BACK - 1.3.6 2.67 m iE.T BACK - L7-26 6.57 m BACK -MPH ua v rvvdt. SETBACK -MPHI r' 25 STOREYS L w, ( :+ n I MPH i o Jwy � � I E'Y �. t NIR NK!hC!✓NCUU�ry f3lPl. k, R1 P'4'ht L I t 3YhF.'I'N I/u [.Pv m:%xPlfn xasrdtl—a;, E i 6 ra 2 STOREY DWELLING I 1 (YaR Yd6:TiYPYb'A SP.t tib 37.72 in r� I� IW E. s Kj L1 0.00 m BACK - 1.3.6 2.67 m iE.T BACK - L7-26 6.57 m BACK -MPH VICTORIA STREET S. Figure 1: Site Plan prepared by CORE Architects Inc. 2.2 Elevations and Renderings lYfl1UG11II'IWMA C n¢ raw"ru,r'i�,„rm a rmmn n'.:urxYom Figures 2 to 5 below provide updated Building Elevations prepared by CORE Architects Inc. from various perspectives of the proposed development. The building massing, including heights, setbacks and upper level step -backs has been proposed to compliment the adjacent developments, and address the urban design principles for this area. The 6 -storey podium has been designed to be a contemporary version of a brick masonry warehouse building, except with an alternating brick pier pattern, but using the black-gridded window patterns. The upper tower was designed to be a simple, modernist glass building, with appropriate setbacks and balconies that pin -wheel around the floorplate to give a different look for each elevation. The proposed podium will be predominantly brick, with accents of low gloss black metal panels, and spandrel glass to provide a clear distinction between the podium and tower. The proposed tower will be predominantly glass, with balconies and stepbacks to provide additional depth to the tower. 3D Renderings of the proposed development were also prepared by Design Works Engineering Ltd., which are shown in Figures 6 and 8. Please also refer to the Architectural Package prepared by CORE Architects Inc. for the complete version of the Building Elevation Plans and Renderings. Page 257 of 399 ua v rvvdt. r' L w, ( 3 STOREY n I 2 BRICK BUILDING � o Jwy � � I E'Y �. t NIR NK!hC!✓NCUU�ry f3lPl. k, R1 P'4'ht L --------------- . .........h^CA 3'Y'C16d 43Y WCuMt4"1rt.PJC'M ` 25STOREY3 i� 3YhF.'I'N I/u [.Pv m:%xPlfn xasrdtl—a;, E VICTORIA STREET S. Figure 1: Site Plan prepared by CORE Architects Inc. 2.2 Elevations and Renderings lYfl1UG11II'IWMA C n¢ raw"ru,r'i�,„rm a rmmn n'.:urxYom Figures 2 to 5 below provide updated Building Elevations prepared by CORE Architects Inc. from various perspectives of the proposed development. The building massing, including heights, setbacks and upper level step -backs has been proposed to compliment the adjacent developments, and address the urban design principles for this area. The 6 -storey podium has been designed to be a contemporary version of a brick masonry warehouse building, except with an alternating brick pier pattern, but using the black-gridded window patterns. The upper tower was designed to be a simple, modernist glass building, with appropriate setbacks and balconies that pin -wheel around the floorplate to give a different look for each elevation. The proposed podium will be predominantly brick, with accents of low gloss black metal panels, and spandrel glass to provide a clear distinction between the podium and tower. The proposed tower will be predominantly glass, with balconies and stepbacks to provide additional depth to the tower. 3D Renderings of the proposed development were also prepared by Design Works Engineering Ltd., which are shown in Figures 6 and 8. Please also refer to the Architectural Package prepared by CORE Architects Inc. for the complete version of the Building Elevation Plans and Renderings. Page 257 of 399 ARCADIS PROFESSIONAL SERVICES (CANADA) INC. FINAL ADDENDUM TO URBAN DESIGN BRIEF DATED DECEMBER 23, 2021 130-142 VICTORIA STREET SOUTH, KITCHENER Prepared for 1936026 Ontario Inc. 2.2.1 Victoria Street (South) Fagade i 45.50 m SETBACK r--------i --------------- ACK SE7BACFK ( �q�.,,. (:4L. 3 CLEAR GLASS f'a JARD RAIZ . rL 1 v u pp 11. qm � 257rrr°°, SET ACK r,Al c k be .k.a L r�At r ai civa 2r rr:e tioa Lk s �...� � ) FTJ i ( �.... �.,.. " rLYx .,:rrm,x Snwo- P'PEE S m I idb'&.LW xn a'1 rwrN.�7 SF'MCW'6k6tEL C*L.A,EaS Q.a6tEM'-i.7EEP' EVM `✓C.. �mel.G7.„ i 0. , f .... . 200 E TdBdAm _______________r t4SER C O: .µ;C". 'wl k f �„ LK VCL vArtv3 HERIfiAGE PV'MC;)TO MkP20MW'B'E'D ON C"U IN WHALE. MST -2 ME'.TAL PARE LOW GLOSS B -LACK Figure 2: Proposed South Elevation Plan prepared by CORE Architects Inc. Page 258 of 399 ARCADIS PROFESSIONAL SERVICES (CANADA) INC. FINAL ADDENDUM TO URBAN DESIGN BRIEF DATED DECEMBER 23, 2021 130-142 VICTORIA STREET SOUTH, KITCHENER Prepared for 1936026 Ontario Inc. 2.2.2 North Fagade :54,�nm ±.°Nsmf ka..Xriam .7rLn L on 1.1152l 67 n,,16.50 � r^ � tslt—C SEMA K Z 12.70 in ......... ,,, 7,] .$K _ ttEVE 1[ y .... " k""Y8.4 Y'�b YS?.dadf� aFa tD — _. U1111 I — IVEA I 2.57 ....u. u,r a xau wwww w ww ww . wwww .www �.�, p„ ,,,,,, 9. ,,1 ,,,,,', www_ ,. .......ww �...... ww. gu a frca 1m.. c[ II � � � II �✓ .. j �uN B 11.112�� F'"'T 31 .. �:.... ......T I I .a �.cmrul, a mscw ., Tl u s x,H I 8M HIGH FROM re cx1"" S G1 T"" i I.. T T 1Uj µ '2 0.00 .urea" 0.00 m .. SETBAC ...._LE _� BACKto VUHIM`, 141,41fl: �tt ce m I.. , 2.75 CM LOADING ENTRY Figure 3: Proposed North Elevation Plan prepared by CORE Architects Inc. Page 259 of 399 ARCADIS PROFESSIONAL SERVICES (CANADA) INC. FINAL ADDENDUM TO URBAN DESIGN BRIEF DATED DECEMBER 23, 2021 130-142 VICTORIA STREET SOUTH, KITCHENER Prepared for 1936026 Ontario Inc. 2.2.3 West Farade 3 2 1 4 T T, CnI T 6,02 In 6 75 In 6,15m V6,1srev r'fsm 6,75 m 3Mm 1H.50 M I I it 111 11 1 it I I I I I 1 _9.05 hf i I 6j M ,E IACK 9 ,-1 1 wl I A4111 WIND SCREENS 9 am HIGH FROM 1r_0, S MEN MIN I EVEL13 Q� M�ik Q 67 inn r'-VFLii-6;1 On In.& JL-Z�a 11100 .................... J EA11- minim Figure 4: Proposed West Elevation Plan prepared by CORE Architects Inc Page 260 of 399 ARCADIS PROFESSIONAL SERVICES (CANADA) INC. FINAL ADDENDUM TO URBAN DESIGN BRIEF DATED DECEMBER 23, 2021 130-142 VICTORIA STREET SOUTH, KITCHENER Prepared for 1936026 Ontario Inc. 2.2.4 Bramm Street (East) Fagade 5 7 (8 91 . . ........ . 10 qkIs m .5 SE7ACKf'-- SETBA� �iBACL WND SCREENS I'M "qGH M 3.06 SUB CK jtl to 0 U J ?n w E D�11 Vr 4 11 LZU 14 & --7 _u: vu 22 LEVELV r611 w LEWL 11z"i LEVEL LIVEA L............ 0 E I '6 1, VNEL 4 4279 .............. VN , 40 0a %I U ... �52M1...... ?n w PARKING ENTRY Figure 5: Proposed East Elevation Plan prepared by CORE Architects Inc. NO Page 261 of 399 LU w LIVEA 0 E I '6 .............. PARKING ENTRY Figure 5: Proposed East Elevation Plan prepared by CORE Architects Inc. NO Page 261 of 399 ARCADIS PROFESSIONAL SERVICES (CANADA) INC. FINAL ADDENDUM TO URBAN DESIGN BRIEF DATED DECEMBER 23, 2021 130-142 VICTORIA STREET SOUTH, KITCHENER Prepared for 1936026 Ontario Inc. 2.2.5 3D Renderings Figure 6: Perspective View, Facing Northwest along Victoria Street South prepared by Design Works Engineering Ltd. Figure 7: Perspective View, Facing Southwest along Victoria Street South prepared by Design Works Engineering Ltd. Page 262 of 399 ARCADIS PROFESSIONAL SERVICES (CANADA) INC. FINAL ADDENDUM TO URBAN DESIGN BRIEF DATED DECEMBER 23, 2021 130-142 VICTORIA STREET SOUTH, KITCHENER Prepared for 1936026 Ontario Inc. 3 Response to City and Agency Comments As previously mentioned in this Report, the intent of this Addendum is to respond to and/or address City, Agency and Public comments received to date. As such, the following section of this Report provides a detailed response to the comments received. 3.1 City of Kitchener — Urban Design City of Kitchener Urban Design staff requested that the following be updated in the Urban Design Brief pertaining to the proposed development's architectural features and site design: • Additional details to be provided for the pedestrian entrance, architectural style, elements, detailing and material selection. The residential lobby is now located at the corner of Victoria Street South and Bramm Street, with the doorways addressing Victoria Street in order to provide a distinct entrance for residents accessing the building. Retail units along the Victoria Street South frontage and Bramm Street flankage will also feature canopies to provide a clear distinction between each unit. Signage and Lighting to enhance the proposed entrances will be addressed during the Site Plan Approvals stage. The heritage building will not be preserved, as discussed with City Heritage staff and the Heritage Consultant, but rather a photo of the heritage fagade will be imprinted on the curtain wall. The fagade is not retained, and the glazing has a film application depicting the previous building of 142 Victoria Street South. This will create a unique design element along the frontage of Victoria Street South, similar to 161 King Street West, Kitchener. Although building materials will be confirmed at the Site Plan Approval stage, the proposed development will include a range of materials, including brick, metal panels, spandrel glass, clear glass and visions glass. The proposed podium will be predominantly brick, with accents of low gloss black metal panels, and spandrel glass to provide a clear distinction between the podium and tower. The proposed tower will be predominantly glass, with balconies and stepbacks to provide depth. A material sample board is provided in the Architectural Package prepared by CORE Architects Inc. • Details of the streetscape are to be provided. Any streetscape elements proposed are to be reviewed and approved. The applicant has prepared an updated preliminary Landscape/Streetscape and Amenity Plan as part of this resubmission package. Based on the plans prepared and shown in Figure 8 below, the Victoria Street South frontage will include four (4) trees, as well as planters along the side of the proposed podium. Similarly, Bramm Street will include planters along the flankage and planter pots. Due to insufficient space along Bramm Street, the applicant cannot include trees along this side of the proposed development. Two (2) benches are also proposed adjacent to the building lobby. It is our opinion that the proposed development will feature a streetscape that is attractive and inviting for pedestrians. It is our opinion that the proposed soft and hard landscaping at -grade will enhance both Victoria Street South and Bramm Street, creating a pedestrian -oriented environment. Further design details pertaining to the Land scape/Streetsca pe and Amenity Plan will be addressed at the Site Plan Approvals stage. Page 263 of 399 ARCADIS PROFESSIONAL SERVICES (CANADA) INC. FINAL ADDENDUM TO URBAN DESIGN BRIEF DATED DECEMBER 23, 2021 130-142 VICTORIA STREET SOUTH, KITCHENER Prepared for 1936026 Ontario Inc. s^ r TAIR n 77 y (IYTI yid III < < Yr i G Irl/II. .........Cr �W P-- T 0 P Y /Wryl Ir If 'Iff, /rr fn, r rr , , Il UJJ 1111111111/ ----------- --- VICTORIA STREET S. Figure 8: Preliminary Landscape Plan prepared by STUDIO tla Landscape Architects • The property is located very close to the major transit station area, therefore the site should be designed to prioritize people, pedestrians and cyclists. It is our opinion that the proposed development is both transit and pedestrian -oriented for the following reasons. The proposed development will feature four (4) at grade retail units that address both Victoria Street South and Bramm Street, thus activating the street frontage and fostering a connection between the public and private realm for pedestrians. The proposed driveway access is also located along the Bramm Street frontage to minimize conflict along Victoria Street South, which is a Regional Road with more traffic flow. Secured bicycle parking is also provided, as there will be 249 Class A bicycle parking spaces located on-site. Of the bicycle parking provided, 95 spaces will be provided at -grade to the rear Page 264 61 399 ARCADIS PROFESSIONAL SERVICES (CANADA) INC. FINAL ADDENDUM TO URBAN DESIGN BRIEF DATED DECEMBER 23, 2021 130-142 VICTORIA STREET SOUTH, KITCHENER Prepared for 1936026 Ontario Inc. of the site, and the remaining 154 spaces will be in the underground parking levels. In addition, a total of 10 Class B bicycle parking spaces will be provided. Six (6) Class B spaces are dedicated to the residential component, three (3) spaces are for the proposed Office use, and one (1) for the retail use. The proposed bicycle parking is intended to encourage both future residents and occupants of the non-residential components to cycle as a means of transportation. It is our opinion that the proposed development represents context -sensitive intensification within an MTSA and the City of Kitchener's Urban Growth Centre boundary. As directed by the Province, MTSAs support high-density, mixed-use development. Therefore, it is our opinion that the applicant has achieved a transit and pedestrian -oriented development aligned with Provincial plans and policies. • The area between the building's face and the property line should be well integrated with the street and public realm to deliver high-quality and seamless private, semiprivate and public spaces. As mentioned above, the proposed Preliminary Landscape Plan proposes a number of soft and hard landscaping features between the buildings face and public realm. For example, planters are proposed along the Victoria Street South frontage and Bramm Street flankage. Planter pots and benches are also proposed to enhance the streetscape. Interlocking pedestrian pavers are proposed along the perimeter of the site in order to provide an aesthetically pleasing walkway for pedestrians. It is our opinion that these at -grade features will foster a strong relationship between the public and private realm. Please refer to the Preliminary Landscape Plan prepared by STUDIO tla Landscape Architects for reference. • 3 -bed units are desirable as they provide more living space for families. A higher percentage of these units might help with community engagement. The proposed development now features 25 three-bedroom units (10% of total units), whereas the original application proposed none. Further, the applicant has increased two-bedroom plus den units to a total of 44 (17.6% of total units), whereas the original application proposed 13 (5.2%). Therefore, it is our opinion that the applicant has addressed the comment above, as the proposed development can accommodate unit types that provide more living space for families. 3.2 City of Kitchener - Parks and Cemeteries The City of Kitchener — Parks and Cemeteries staff requested that an update to the Urban Design Brief include the following: The Urban Design Brief indicates that there will be on-site amenity spaces provided on the podium level but few details of the anticipated amenities have been provided. It is understood that the detailed landscape design for the site is not complete at this time but the Urban Design Brief should be updated to include a clear commitment to providing a robust on-site outdoor amenity space with good solar access and protection from wind and noise. The amenity space should include seating and play equipment for residents of all ages and abilities. Precedent images should be provided. The functionality, inclusivity and range of amenities in these private spaces will be critical for the development and the noise assessment, pedestrian wind and solar access assessments should be utilized as key factors in the detailed design or the project. As previously noted, the proposed development will have a six (6) storey podium that features an outdoor amenity space on top for future residents. The proposed outdoor amenity space is approximately 191.96 sq.m. (2,067 sq.ft.) in size, and will feature both soft and hard landscaping, which is detailed in the Amenity Plan prepared by STUDIO tla Landscape Architects. The outdoor amenity space will feature hedges, vine planting, and two (2) ornamental Page 265 6T 399 ARCADIS PROFESSIONAL SERVICES (CANADA) INC. FINAL ADDENDUM TO URBAN DESIGN BRIEF DATED DECEMBER 23, 2021 130-142 VICTORIA STREET SOUTH, KITCHENER Prepared for 1936026 Ontario Inc. trees. These features will provide additional greenery to the development given the limited parcel size. The proposed outdoor amenity space will feature lounge seating throughout, a dining area with a barbeque station, as well as a fireplace. Windscreens are also proposed in order to mitigate any adverse impacts from the wind. From an architectural perspective, the exterior amenity space will also feature a canopy above the entrance/exit that is of similar design as the existing canopy on 130 Victoria Street South (Victoria Wellness and Pharmacy). The proposed outdoor amenity space is also adjacent to the indoor amenity space on Level 7, thus providing a seamless transition between the indoor and outdoor amenity space for residents. It is our opinion that the proposed outdoor amenity space provides adequate programming for future residents, creating a comfortable space on top of the proposed podium. It is our opinion that the proposed outdoor amenity space will encourage social gatherings among residents, as ample space for seating, a dining area and barbeque station is provided. Due to the limited space, the applicant is not proposing a play equipment. The site is located within walking distance of green space, including Victoria Park and Cherry Park. Figure 9 below provides an illustration of the Amenity Plan prepared by STUDIO tla Landscape Architects. ,Y .j 2 8, x.r cT ... I L n 11 I;� .. .I: meu cmtxsuwrr rp..C1' ...°everRin+arn"a" m:v.mMd WY fY L1.. xr noir .'�.. �p l�1_l.sa_..M.....z1__ , Figure 9: Amenity Plan prepared by STUDIO tla Landscape Architects Figures 10 and 11 below provide precedent images of the proposed outdoor amenity space. As shown below, the proposed outdoor amenity space will feature similar seating arrangements and plantings to create an inviting environment for future residents. Please note that details pertaining to the programming of the outdoor amenity space will be confirmed during the Site Plan Application stage. Page 266 d 399 ARCADIS PROFESSIONAL SERVICES (CANADA) INC. FINAL ADDENDUM TO URBAN DESIGN BRIEF DATED DECEMBER 23, 2021 130-142 VICTORIA STREET SOUTH, KITCHENER Prepared for 1936026 Ontario Inc. Figure 10: Precedent Image No. 1 of Outdoor Amenity Space Figure 11: Precedent Image No. 2 of Outdoor Amenity Space Page 267 61 399 ARCADIS PROFESSIONAL SERVICES (CANADA) INC. FINAL ADDENDUM TO URBAN DESIGN BRIEF DATED DECEMBER 23, 2021 130-142 VICTORIA STREET SOUTH, KITCHENER Prepared for 1936026 Ontario Inc. 4 Conclusion The purpose of this Addendum was to address the City and Agency comments pertaining to the original Urban Design Brief dated December 23, 2021. The intent of this OPA/ZBA Resubmission is to support City Staff's preparation of the Recommendation Report and scheduling of the City Council Meeting for a decision. It is our opinion that this Addendum appropriately addresses all City and Agency comments pertaining to urban design. Should you have any questions about the contents of this Addendum or should you wish to discuss, please do not hesitate to contact the undersigned. Sincerely, ARCADIS PROFESSIONAL SERVICES (CANADA) INC. Christian Tsimenidis, BES Vic(/or Labr ch e, MCI�P, RPP Urban Planner Associate Principal — Practice Lead, Planning p�OdIk�R6 ., CT/VL/baw aM Ro °a 4 I hereby certify that this Addendum Urban Design Brief was prepared under the supervision of a Registered Professional Planner, within the meaning of the Ontario Professional Planner's Institute Act, 1994. June 14, 2023 Date Victor Labreche, MCIP, RPP https://ibigroup.sharepoint.cam/sites/Projectsl/132380/Internal Documents/6.0_Technical/6.17_Planning/03_Tech-Reports/PTR_UDB-Addendum_130- 142V ictoriaStS.docx\2023-06-14\B W Page 268 df 399 Attachment "B" — Proposed Zoning By-law Amendment 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, and By-law 2019-051, as amended, known as the Zoning By-laws for the City of Kitchener - 1232119 Ontario Inc. and 1936026 Ontario Inc. — 130 - 142 Victoria Street South WHEREAS it is deemed expedient to amend By-law 85-1 and By-law 2019-051 for the lands specified above; NOW THEREFORE the Council of the Corporation of the City of Kitchener enacts as follows: 1. Schedule Number 73 of Appendix "A" to By-law Number 85-1 is hereby amended by removing therefrom the lands specified and illustrated as Areas 1 and 2 on Map No. 1 attached hereto. 2. Schedule Number 73 of Appendix "A" to By-law Number 85-1 is hereby further amended by removing the zone boundaries as shown on Map No. 1 attached hereto. 3. Zoning Grid Schedule Number 73 of Appendix "A" to By-law Number 2019-051 is hereby amended by adding thereto the lands specified and illustrated as Areas 1 and 2 on Map No. 1 attached hereto, and by zoning the lands specified and illustrated as Areas 1 and 2 lands thereafter as Mixed -Use Three Zone (MIX -3) with Site Specific Provision 374 and Holding Provision 50. 4. Zoning Grid Schedule Number 73 of Appendix "A" to By-law Number 2019-051 is hereby further amended by incorporating additional zone boundaries as shown on Map No. 1 attached hereto. 5. Section 19 of By-law 2019-051 is hereby amended by adding Section 19 (374) thereto as follows: Page 269 of 399 Attachment "B" — Proposed Zoning By-law Amendment "374. Notwithstanding Tables 5-5 and 8-2 of this By-law within the lands zoned MIX -3 and shown as affected by this subsection on Zoning Grid Schedule Number 73 of Appendix `A', the following special regulations shall apply: a) the minimum setback to Bramm Street shall be: i. 2.75 metres for the ground floor ii. 0.0 metres for floors above the ground floor b) the minimum setback to Victoria Street South shall be 0 metres. c) the minimum interior side yard setback shall be: i. 0 metres for any part of the building not exceeding 11 metres in height ii. 4.0 metres for any part of the building exceeding 11 metres in height. d) the minimum rear yard setback shall be 0 metres. e) the minimum street line stepback from Bramm Street shall be 2.5 metres. f) the maximum building height shall be 80.0 metres. g) the maximum floor space ratio shall be 13.7. h) the minimum amount of non-residential gross floor area shall be 5%. i) parking and bicycle parking shall be provided in accordance with the required rates as provided for UGC Zones in Table 5-5. j) geothermal wells are prohibited on site. A geothermal well is a well defined as a vertical well, borehole or pipe installation used for geothermal systems, ground - source heat pump systems, geo-exchange systems or earth energy systems for heating or cooling; including open -loop and closed-loop vertical borehole systems. A geothermal well does not include a horizontal system where construction or excavation occurs to depths less than five metres unless the protective geologic layers overlaying a vulnerable aquifer have been removed through construction or excavation." 6. Section 20 of By-law 2019-51 is hereby amended by adding Holding Provision (50) thereto as follows: "(50). Notwithstanding Section 8 of this By-law within the lands zoned MIX -3 and shown as being affected by this subsection on Zoning Grid Schedule Number 73 of Appendix «A,,: a) No residential use shall be permitted until a Record of Site Condition (RSC) has been filed on the Ministry of Environment, Conservation and Parks (MECP) Page 270 of 399 Attachment "B" — Proposed Zoning By-law Amendment Environmental Site Registry in accordance with O. Reg. 153/04, as amended. This Holding Provision shall not be removed until the Regional Municipality of Waterloo is in receipt of a letter from the Ministry of the Environment, Conservation and Parks (MECP) advising that a Record of Site Condition has been filed. b) no residential redevelopment shall be permitted until such time as a detailed stationary noise study has been completed and implementation measures addressed to the satisfaction of the Regional Municipality of Waterloo. The detailed stationary noise study shall review the potential impacts of the development on itself (e.g. HVAC system on the sensitive points of reception) and the impact of the development on the adjacent sensitive land uses. c) no residential redevelopment shall be permitted until such time as the City is in receipt of correspondence from CN indicating that an updated noise and vibration assessment report has been completed to their satisfaction, and at the sole discretion of CN, that a CN Agreement has been entered into, environmental easement for operational noise and vibration emissions has been granted, and a restrictive covenant regarding implementation and maintenance of noise isolation measures has been registered, as may be required by CN." 7. This By-law shall become effective only if Official Plan Amendment No. _ (130 - 142 Victoria Street South) comes into effect, pursuant to Section 24(2) of The Planning Act, R.S.O. 1990, c. P.13, as amended. PASSED at the Council Chambers in the City of Kitchener this day of , 2023. Mayor Clerk Page 271 of 399 Staff Report l IKgc.;i' r� R Development Services Department www.kitchener.ca REPORT TO: Planning and Strategic Initiatives Committee DATE OF MEETING: September 18, 2023 SUBMITTED BY: Stevenson, Garett - Interim Director of Planning, 519-741-2200 ext. 7070 PREPARED BY: Dumart, Craig — Senior Planner, 519-741-2200 ext. 7073 WARD(S) INVOLVED: Ward 9 DATE OF REPORT: REPORT NO. August 21, 2023 DSD -2023-300 SUBJECT: Official Plan Amendment Application OPA23/010/C/CD Zoning By-law Amendment Application ZBA23/016/C/CD Address: 332 Charles Street East Owner: 332 Charles GP Inc RECOMMENDATION: That Official Plan Amendment Application OPA/23/010/C/CD for 332 Charles GP Inc. requesting a land use designation change from `Mixed Use Corridor with Special Policy Area V to `Mixed Use Corridor with Special Policy Area 12' to permit a 17 - storey mixed use development on the lands specified and illustrated on Schedule `A', be adopted, in the form shown in the Official Plan Amendment attached to Report DSD -2023-300 as Appendix `A', and accordingly forwarded to the Region of Waterloo for approval; and That Zoning By-law Amendment Application ZBA23/016/C/CD for 332 Charles GP Inc. be approved in the form shown in the `Proposed By-law', and `Map No. 1', attached to Report DSD -2023-300 as Appendix `B'. REPORT HIGHLIGHTS: The purpose of this report is to evaluate and provide a planning recommendation regarding the Official Plan Amendment and Zoning By-law Amendment applications for the property located at 332 Charles Street East. It is planning staff's recommendation that the Official Plan and Zoning By-law Amendment applications be approved. Community engagement included: o circulation of a preliminary notice letter to property owners and residents within 240 metres of the subject site; o installation of three large billboards notice sign on the property (one facing each street); *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 272 of 399 o follow up one-on-one correspondence with members of the public; o Neighbourhood Meeting held on July 20, 2023; o postcard advising of the statutory public meeting was circulated to all residents and property owners within 240 metres of the subject site and those who responded to the preliminary circulation; o notice of the public meeting was published in The Record on August 25, 2023. • This report supports the delivery of core services. EXECUTIVE SUMMARY: The owner of the property addressed as 332 Charles Street East is proposing to change the Official Plan land use designation from `Mixed Use Corridor with Special Policy Area 1' to `Mixed Use Corridor with Special Policy Area 12' in the King Street East Secondary Plan. The Zoning By-law Amendment application proposes to change the zoning from `High Intensity Mixed Use Corridor Zone (MU -3) with Special Regulation Provision 544R' in Zoning By-law 85-1 to `High Intensity Mixed Use Corridor Zone (MU -3)' in Zoning By-law 85-1 with a Special Regulation Provision to allow for an increased Floor Space Ratio (FSR); to regulate building setbacks; and to further regulate parking ratios; and to apply a Holding Provision to require an updated urban design brief, site servicing study and an updated noise study. Staff recommend that the applications be approved. BACKGROUND: 332 Charles GP Inc. has made applications to the City of Kitchener for an Official Plan Amendment and a Zoning By-law Amendment proposing to change the land use designation and zoning of the lands at 332 Charles Street East to permit the lands to be developed with a 17 -storey mixed use development with 163 residential units and two ground floor commercial units. The proposed development includes parking located underground, and internal to the building. The lands are designated `Mixed Use Corridor with Special Policy Area 1' in the City of Kitchener King Street East Secondary Plan and zoned `High Intensity Mixed Use Corridor Zone (MU -3) with Special Regulation Provision 544R' in Zoning By-law 85-1. The existing zoning permissions permit: • a range of permitted uses, including Multiple Dwellings and a wide range of commercial and institutional uses; a maximum building Floor Space Ratio (FSR) of 4.0; • buildings with no maximum building height; • 1 parking space for each dwelling unit over 51 square metres of floor area and, • 0.165 parking spaces for dwelling units having a floor area of 51.0 square metres or less (capped at 40% of the dwelling units); and 0 Special regulation 544R which allows for an increase Floor Space Ratio (FSR) to 5.0 for a mixed use development with a food store and permits a building setback of 1.5 metres to Charles Street East. Site Context The subject lands include the consolidation of two properties at 332 Charles Street East along with the vacant unaddressed parcel located directly behind 332 Charles Street East. Both properties are in identical ownership and front onto Charles Street East, and Betzner Avenue South. The subject lands are rectangular in shape and have a combined lot area Page 273 of 399 of 0. 189 hectares (0.46 acres) with 36 metres of frontage along Charles Street East 18 metres of frontage along Betzner Avenue South. 332 Charles Street East is currently occupied by a one -storey commercial building and a surface parking area while the unaddressed parcel to the rear of 332 Charles Street East is vacant. The lands do not contain any occupied residential units. The surrounding neighbourhood consists of a variety of uses including commercial buildings, medium -rise and high-rise residential uses (existing and planned), single and semi-detached dwellings, low-rise multiple dwelling buildings, and institutional buildings. Directly to the South of the property is a Secondary School (Cameron Height Collegiate High School), directly to the east and west of the subject lands are surface parking lots to the north of the subject lands are commercial properties with frontage along King Street East SUBJEC C T c:r .., �Q7 a�+ SUBJEC C T Figure 1 - Location Map: 332 Charles Street East REPORT: The applicant is proposing to develop the subject lands with a with a 17 -storey mixed use development with a proposed Floor Space Ratio (FSR) 9.8. The proposed development includes one building with a 17 -storey structure on top of a 2 -storey podium for a total height of 17 storeys. The high-rise mixed-use building proposes a total of 163 residential units with 66 parking spaces located within 1 level of underground parking and 1 level of parking internal to the building. Primary vehicular access is proposed off Betzner Avenue South and ground floor commercial units and the buildings lobby are proposed at grade along Charles Street East. Page 274 of 399 c:r Figure 1 - Location Map: 332 Charles Street East REPORT: The applicant is proposing to develop the subject lands with a with a 17 -storey mixed use development with a proposed Floor Space Ratio (FSR) 9.8. The proposed development includes one building with a 17 -storey structure on top of a 2 -storey podium for a total height of 17 storeys. The high-rise mixed-use building proposes a total of 163 residential units with 66 parking spaces located within 1 level of underground parking and 1 level of parking internal to the building. Primary vehicular access is proposed off Betzner Avenue South and ground floor commercial units and the buildings lobby are proposed at grade along Charles Street East. Page 274 of 399 Table 1 below highlights the development concept statistics while Figures 2 and 3 show the proposed development concept site plan and building elevations of the development proposal. Table 1. Proposed Development Concept Statistics Figure 2 — Development Concept Site Plan To facilitate the redevelopment of 332 Charles Street East with the proposed development concept, an Official Plan Amendment and a Zoning By-law Amendment are required to Page 275 of 399 Development Concept Number of Units 163 residential dwelling units, 2 ground floor commercial units Parking Spaces 66 parking spaces Building Height 17 storeys Class A (indoor secured) Bicycle Parkin 0.5 per unit (82) Class B (outdoor visitor) Bicycle Parkin 6 Electric Vehicle Ready Parking Stalls 13 Floor Space Ratio 9.8 Unit Types 109 — 1 -bedroom units 54 — 2 -bedroom units Figure 2 — Development Concept Site Plan To facilitate the redevelopment of 332 Charles Street East with the proposed development concept, an Official Plan Amendment and a Zoning By-law Amendment are required to Page 275 of 399 change the land use designation and zoning of the subject lands as the existing Official Plan policies and zoning permit a maximum Floor Space Ratio (FSR) of 4.0. The lands are currently designated `Mixed Use Corridor with Special Policy Area 1' in the City of Kitchener King Street East Secondary Plan and zoned `High Intensity Mixed Use Corridor Zone (MU -3) with Special Regulation Provision 544R' in Zoning By-law 85-1. The owner is proposing to change the land use designation to `Mixed Use Corridor with Special Policy 12' in the King Street East Secondary Plan and the zoning to `High Intensity Mixed Use Corridor Zone' (MU -3) with Special Regulation Provision 803R and Holding Provision 108H' in Zoning By-law 85-1, to allow for a FSR of 9.8; reduce the required parking; and to further regulate building setbacks. A Holding Provision is also proposed to be added to the property to require an updated Urban Design Brief demonstrating a high quality of urban design that contributes positively to the public realm and streetscapes with adequate onsite amenity to the satisfaction of the City of Kitchener's Director of Planning. The Holding Provision will also prevent the development of the site with sensitive uses, including residential uses, until the Region is in receipt of an updated site servicing report action of the Region of Waterloo. Figure 3 — Proposed Building Rendering: The front elevation along Charles Street East Page 276 of 399 Planningi Analysis: Planning Act, R.S.O. 1990, c. P.13 25. Section 2 of the Planning Act establishes matters of provincial interest and states that the Minister, the council of a municipality, a local board, a planning board and the Tribunal, in carrying out their responsibilities under this Act, shall have regard to, among other matters, matters of provincial interest such as, f) The adequate provision and efficient use of communication, transportation, sewage and water services and waste management systems; g) The minimization of waste; h) The orderly development of safe and healthy communities; j) The adequate provision of a full range of housing, including affordable housing; k) The adequate provision of employment opportunities; p) The appropriate location of growth and development; q) The promotion of development that is designed to be sustainable, to support public transit and to be oriented to pedestrians; r) The promotion of built form that, (i) Is well-designed, (ii) Encourages a sense of place, and (iii) Provides for public spaces that are of high quality, safe, accessible, attractive and vibrant; s) The mitigation of greenhouse gas emissions and adaptation to a changing climate. These matters of provincial interest are addressed and are implemented through the Provincial Policy Statement, 2020, as it directs how and where development is to occur. The City's Official Plan is the most important vehicle for the implementation of the Provincial Policy Statement, 2020 and to ensure Provincial policy is adhered to. The Ministry of Municipal Affairs and Housing is proposing an integrated province -wide land use planning policy document, potentially replacing the Provincial Policy Statement and A Place to Grow: Growth plan for the Greater Golden Horseshoe, with a singular Provincial Planning Statement (PPS) which is in draft form and not in effect at the time this report was prepared. 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. Page 277 of 399 To support provincial policies relating to the optimization of infrastructure, transit and active transportation, the proposed designation and zoning facilitate a compact form of development which efficiently uses the lands, is in close proximity to transit options including bus, rapid transit, and makes efficient use of both existing roads and active transportation networks. The lands are serviced and are in proximity to parks, trails and other community uses. Provincial policies are in support of providing a broad range of housing. The proposed mixed-use development represents an attainable form of market- based housing. Planning staff is of the opinion that the proposed applications will facilitate the intensification of the subject property with a mixed-use multiple dwelling development that is compatible with the surrounding community, helps manage growth, is transit supportive and will make use of the existing infrastructure. No new public roads would be required for the proposed development and Engineering staff have confirmed there is capacity in the sanitary sewer to permit intensification on the subject lands. Based on the foregoing, staff is of the opinion that this proposal is in conformity with the PPS. A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 (Growth Plan): The Growth Plan supports the development of complete and compact communities that are designed to support healthy and active living, make efficient use of land and infrastructure, provide for a range and mix of housing types, jobs, and services, at densities and in locations which support transit viability and active transportation. Policies of the Growth Plan promote growth within strategic growth areas including major transit station areas, in order to provide a focus for investments in transit and other types of infrastructure. Policy 2.2.6.1(a) states that municipalities will support housing choice through the achievement of the minimum intensification and density targets in this plan by identifying a diverse range and mix of housing options and densities, including additional residential units and affordable housing to meet projected needs of current and future residents. Policies 2.2.1.4 states that complete communities will: a) feature a diverse mix of land uses, including residential and employment uses, and convenient access to local stores, services, and public service facilities; b) improve social equity and overall quality of life, including human health, for people of all ages, abilities, and incomes; c) provide a diverse range and mix of housing options, including additional residential units and affordable housing, to accommodate people at all stages of life, and to accommodate the needs of all household sizes and incomes; d) expand convenient access to: i. a range of transportation options, including options for the safe, comfortable and convenient use of active transportation; ii. public service facilities, co -located and integrated in community hubs; iii. an appropriate supply of safe, publicly -accessible open spaces, parks, trails, and other recreational facilities; and Page 278 of 399 iv. healthy, local, and affordable food options, including through urban agriculture; e) provide for a more compact built form and a vibrant public realm, including public open spaces; f) mitigate and adapt to the impacts of a changing climate, improve resilience and reduce greenhouse gas emissions, and contribute to environmental sustainability; and g) integrate green infrastructure and appropriate low impact development. The Growth Plan supports planning for a range and mix of housing options and, in particular, higher density housing options that can accommodate a range of household sizes in locations that can provide access to transit and other amenities. Policy 2.2.4 requires that planning be prioritized for MTSAs on priority transit corridors, including zoning in a manner that implements the policies of the Growth Plan. MTSAs on priority transit corridors will be planned for a minimum density target of 160 residents and jobs combined per hectare for those that are served by light rail transit or bus rapid transit. The Region of Waterloo's ION is a form of light rail transit and the ION station stop areas are Major Transit Station Areas (MTSAs) that are required to achieve the minimum density target of 160 residents and jobs combined per hectare. The subject lands are located within the City's delineated built up area, and within a Major Transit Station Area. The lands are identified as a MTSA in the 2014 Kitchener Official Plan. In the City's Official Plan on Map 2 — Urban Structure the lands appear within the MTSA boundary for the Kitchener Market ION station. The Region of Waterloo commenced the Regional Official Plan Review project and as part of that work, revised MTSA boundaries were approved in August 2022. The subject lands are within the Kitchener Market Station MTSA. The proposed development provides residential intensification and will help the City achieve density targets in the MTSA. The proposed designation and zoning will support a higher density housing option that will help make efficient use of existing infrastructure, parks, roads, trails and transit. Planning staff is of the opinion that the applications conform to the Growth Plan. Regional Official Plan (ROP): Urban Area policies of the ROP identify that the focus of the Region's future growth will be within the Urban Area. The subject lands are designated Built -Up Area in the ROP. The proposed development conforms to Section 2.F of the ROP as the proposed development supports the achievement of the minimum annual 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 subject lands are located in the Kitchener Market Station Major Transit Station Area (MTSA) in the ROP. The minimum density target within the Market Station MTSA is 160 people and jobs/ha. The density proposed through this application exceeds the density target of 160 people and jobs/ha on a site specific basis and the proposed development will contribute to the achievement of the overall density target for the Page 279 of 399 Kitchener Market Station MTSA. Regional policies require Area Municipalities to plan for a range of housing in terms of form, tenure, density and affordability to satisfy the various physical, social, economic and personal support needs of current and future residents. The Region of Waterloo have indicated they have no objections to the proposed application (Appendix'D'). Planning staff are of the opinion that the applications conform to the Regional Official Plan. City of Kitchener Official Plan (OP) The City of Kitchener OP provides the long-term land use vision for Kitchener. The vision is further articulated and implemented through the guiding principles, goals, objectives, and policies which are set out in the Plan. The Vision and Goals of the OP strive to build an innovative, vibrant, attractive, safe, complete and healthy community. Complete Communi A complete community creates and provides access to a mix of land uses including, a full range and mix of housing, including affordable housing, recreation, commerce, community and cultural facilities, health care facilities, employment, parks and open spaces distributed and connected in a coherent and efficient manner. A complete community also supports the use of public transit and active transportation, enabling residents to meet most of their daily needs within a short distance of their homes. Kitchener will be planned as a complete community that creates opportunities for all people to live, work and interact within close proximity. Planning for a complete community will aid in reducing the cost of infrastructure and servicing, encourage the use of public transit and active modes of transportation, promote social interaction, and foster a sense of community. The applicant is proposing to contribute aspects of a complete community on the subject lands with a 17 -storey high-rise, mixed-use development with 163 residential units and 180 square metres of commercial space. Urban Structure The Official Plan establishes an Urban Structure for the City of Kitchener and provides policies for directing growth and development within this structure. Intensification Areas are targeted throughout the Built-up Area as key locations to accommodate and receive the majority of development or redevelopment for a variety of land uses. Primary Intensification Areas include the Urban Growth Centre, Major Transit Station Areas, Nodes and Corridors, in this hierarchy, according to Section 3.C.2.3 of the Official Plan. The subject lands are located within a Major Transit Station Area. The planned function of the Major Transit Station Areas is to provide densities that will support transit, and achieve a mix of residential, office, institutional and commercial uses. They are also intended to have streetscapes and a built form that is pedestrian -friendly and transit -oriented. Policies also require that development applications in Major Transit Station Areas give consideration to the Transit -Oriented Development policies contained in Section 13.C.3.12 of the Official Plan. Generally, the Transit -Oriented Development policies support a compact urban form, that supports walking, cycling and the use of transit, by providing a mix of land uses in close proximity to transit stops, to support higher frequency transit service and optimize transit rider convenience. These policies also support developments which foster walkability by creating safe and comfortable pedestrian environments and a Page 280 of 399 high-quality public realm. Staff is of the opinion that the proposed development will help to increase density in an area well served by nearby rapid transit and transit while being context sensitive to surrounding lands and provides excellent access to off-road pedestrian and cycling facilities. Staff is of the opinion that the proposed Official Plan Amendment and Zoning By-law Amendment will support a development that not only complies with the City's policies for a Major Transit Station Area but also contributes to the vision for a sustainable and more sustainable city. Land Use The subject lands are designated 'Mixed Use Corridor with Special Policy Area 1' (Map 10) in the King Street East Secondary Plan (1994 Official Plan). The Mixed Use Corridor land use designation provides residential redevelopment opportunities together with appropriate commercial and institutional uses that primarily serve adjacent residential neighbourhoods. Over time it is intended that the Mixed Use Corridors shall intensify and provide a balanced distribution of commercial, multiple residential and institutional uses. The policies of Special Policy Area 1 were deleted through OPA 111. The applicant is proposing to add Special Policy Area 12 to the King Street East Secondary Plan to allow a Floor Space Ratio (FSR) of 9.8 whereas the current Official Plan policies allow for a maximum FSR of 4.0 with an additional 1.0 FSR permitted if a 1,000 square metre or larger food store is located within the mixed-use development. Policy 17.E.13.1. of the City of Kitchener Official Plan require that holding provisions will be applied in situations where it is necessary or desirable to zone lands for development or redevelopment in advance of the fulfillment of specific requirements and conditions, and where the details of the development or redevelopment have not yet been fully resolved. A Holding provision may be used in order to implement this Plan to ensure that certain conditions, studies or requirements related to a proposed Zoning By-law Amendment are met. A Holding Provision shall be applied to residential uses, day care uses and other sensitive uses and will not be removed through a by-law amendment until such time as the City of Kitchener is in receipt of an Urban Design Report and until such time as a Noise Study and updated Site Servicing Study has been reviewed and approved by the Region of Waterloo. Growing Together The Growing Together project is the continuation of the City's ongoing planning review process that began with PARTS and advanced through the Neighbourhood Planning Review (NPR) project, while also responding to new direction from the province, implementing the updated Regional Official Plan, and addressing new and emerging city priorities. Proposed Land uses and zoning are currently under reviewed and will be considered by Council in December of 2023. The Growing Together project is the continuation of the City's ongoing planning review process that began with PARTS and advanced through the Neighbourhood Planning Review (NPR) project, while also responding to new direction from the province, implementing the updated Regional Official Plan, and addressing new and emerging city priorities. Page 281 of 399 Preliminary designations and zoning category's have been drafted by staff and are currently available public for consultation. The subject lands, together with surrounding lands are contemplated to be designated and zoned to high intensity land use designations and zoning category with a 25 storey height maximum. The approach to zoning and policies of Growing Together differs from the current zoning regime which makes strong use of numerical metrics such as building height and floor space ratio. These metrics are useful in many contexts, however become somewhat problematic in considering high-density and high-rise developments where site sizes and building heights can vary significantly. Staff are recommending a form based zoning approach as part of the Growing Together project, which will place a greater emphasis on the pedestrian experience and design of buildings at grade and as experienced on the street, as well as appropriate tower floor plate sizes, separations and setbacks which protect from tower overlook within and between sites, which preserve access to sunlight and mitigates shadow impacts, and which provides for an interesting skyline — which is also the goal of the City's Tall Building Guidelines. Staff have drafted the recommended special policy and zoning regulations for the subject lands in consideration of the direction of the Growing Together project. Staff are of the opinion that the subject lands are appropriate for high-rise, high-density development, subject to demonstration that the proposed built form achieves the objectives of the Urban Design Manual and the Tall Building Guidelines. Urban Design The City's urban design policies are outlined in Section 11 of the City's Official Plan. In the opinion of staff, the proposed development meets the intent of these policies, specifically: Streetscape; Safety; Universal Design; Site Design; Building Design, and Massing and Scale Design. To address these policies, an Urban Design Brief Report was submitted and has been reviewed by City staff. The Urban Design Brief outlines the vision and principles guiding the site design and informs the proposed zoning by-law regulations. An updated urban design report will be required and secured through a Holding Provision. Extra attention to high quality urban design that contributes positively to the public realm and streetscapes is expected for the subject lands with adequate onsite amenity for future residents. Detailed design will be reviewed through the site plan design and approvals process and an updated urban design report will be required prior to removal of the Holding Provision. Streetscape — The Charles Street frontage is activated by at -grade commercial units and the building's lobby. At -grade commercial units and the building lobby have direct access to public sidewalks. The tower podium has a defined base which will enhance the streetscape. Safety — As part of the site plan approval process, staff will ensure Crime Prevention Through Environmental Design (CPTED) principles are achieved and that the site meets the Ontario Building Code and the City's Emergency Services Policy. Universal Design — The development will be designed to comply with Accessibility for Ontarians with Disabilities Act and the Ontario Building Code. Page 282 of 399 Skyline — The proposed building will provide a new feature on the City's skyline. The proposed building will create visual interest from several different vantage points. Site Design, Building Design, Massing and Scale — The subject site is designed to have a development that will be developed at a scale that is compatible with the existing and planned built form for the surrounding neighbourhood. The tower has a well defined podium and building step backs which helps enhance the public realm. Massing is broken up at the 8t" storey on the tower which mitigate overlook issues and shadow impacts. Tower Design The tower placement has been oriented towards Charles Street East with a 2 storey podium and building step backs at the 8th floor. The tower massing is broken up vertically by variation and the articulation of building materials. Furthermore, balconies for the residential units are included on the street -facing elevations. The commercial units will have a 4.5 metre tall ground floor which will enhance the streetscape. Shadow Impact Study The owner has completed a Shadow Impact Study in addition to the Urban Design Report. Staff have reviewed the study and are satisfied the Shadow Study meets the City's requirements, with respect to shadow impacts, as noted in the City of Kitchener Urban Design Manual. Wind Study A Wind Study was prepared for the consideration of this development proposal and reviewed by staff. The wind conditions surrounding the proposed development are generally suitable. A full Wind Assessment be required and reviewed at the site plan application stage and wind control features will be required through the site plan application if necessary to mitigate wind. Tall Buildina Guidelines The proposed development has also been reviewed for compliance with the City's Design for Tall Buildings Guidelines. The objective of this document is to: • achieve a positive relationship between high-rise buildings and their existing and planned context; • create a built environment that respects and enhances the city's open space system, pedestrian and cyclist amenities and streetscapes; • create human -scaled pedestrian -friendly streets, and attractive public spaces that contribute to livable, safe and healthy communities; • promote tall buildings that contribute to the view of the skyline and enhance orientation, wayfinding and the image of the city; • promote development that responds to the physical environment, microclimate and the natural environment including four season design and sustainability; and, • promote tall building design excellence to help create visually and functionally pleasing buildings of architectural significance. The proposed development concept has been reviewed with these objectives in mind. City staff has confirmed that the proposed tower is generally consistent with and meet the overall intent of the City's Design for Tall Building Guidelines. More specifically, the proposed development generally meets the offsite separation distance requirements of the Page 283 of 399 Design for Tall Building Guidelines and will be further reviewed through the site plan approval process prior to removal of the Holding Provision. Transportation Policies: The Official Plan supports an integrated transportation system which incorporates active transportation, allows for the movement of people and goods and promotes a vibrant, healthy community using land use designations and urban design initiatives that make a wide range of transportation choices viable. The subject lands are located in close proximity to the Kitchener Market ION Stop. The building has excellent access to cycling networks, including existing on and off-street cycling facilities and is located in close proximity to the downtown cycling grid. The location of the subject lands, in the context of the City's integrated transportation system, supports the proposal for transit -oriented development on the subject lands. Policy 3.C.2.22 states that until such time as Station Area Plans are completed and this Plan is amended accordingly, in the interim, any development application submitted within a Major Transit Station Area will be reviewed generally in accordance with the Transit - Oriented Development Policies included in Section 13.C.3.12 The proposed Official Plan Amendment and Zoning By-law Amendment applications support a more compact mixed-use development. The location of the proposed buildings, secured through the proposed site-specific provisions, will result in a compatible built form that fosters walkability within a pedestrian -friendly environment that allows walking to be safe, comfortable, barrier -free and a convenient form of urban travel. At a future site plan approval process, the design of the buildings will have to feature a high quality public realm to enhance the identity of the area and create gathering points for social interaction, community events and other activities. Additionally, secured and visitor bicycle parking is required by the proposed Zoning By-law. Housing Policies: Section 4.1.1 of the City's Official Plan contains policies with the primary objective to provide for an appropriate range, variety and mix of housing types and styles, densities, tenure and affordability to satisfy the varying housing needs of our community through all stages of life. The proposed development increases the amount of multiple dwelling units available in the city. The development is contemplated to include a range of unit types including, one and two-bedroom units. Theses new units will meet and appeal to a variety of household needs. Sustainable Development Section 7.C.4.1 of the City's Official Plan ensures developments will increasingly be sustainable by encouraging, supporting and, where appropriate, requiring: a) compact development and efficient built form; b) environmentally responsible design (from community design to building design) and construction practices; c) the integration, protection and enhancement of natural features and landscapes into building and site design; d) the reduction of resource consumption associated with development; and, Page 284 of 399 e) transit -supportive development and redevelopment and the greater use of other active modes of transportation such as cycling and walking. Development applications are required to demonstrate that the proposal meets the sustainable development policies of the Plan and that sustainable development design standards are achieved. Sustainable development initiatives will be further implemented at the site planning approval process through the detailed design review of the building. Proposed Official Plan Amendment Conclusions The Official Plan Amendment application requests that the land use designation as shown on Map 10 — King Street East Secondary Plan be changed from `Mixed Use Corridor with Special Policy Area 1' to `Mixed Use Corridor with Special Policy Area 12'. Based on the above -noted policies and planning analysis, staff is of the opinion that the proposed Official Plan Amendment represents good planning and recommends that the proposed Official Plan Amendment be approved in the form shown in Appendix "A". Proposed Zoning By-law Amendment (Zoning By-law 85-1): The subject lands are zoned "High Intensity Mixed Use Corridor Zone (MU -3) with Special Regulation Provision 544R' in Zoning By-law 85-1. The existing zoning permits Multiple Dwellings and a wide range of Commercial and Institutional uses. The MU -3 zone currently allows for a maximum building Floor Space Ratio (FSR) of 4.0 and there is no maximum building height for the subject lands in the City of Kitchener's Zoning By-law. The existing zoning also requires 1.0 parking spaces for each dwelling unit over 51 square metres of floor area and 0.165 parking spaces for each dwelling unit having a floor area of 51.0 square metres or less (capped at 40% of the dwelling units). Special regulation 544R allows for a Floor Space Ratio (FSR) of 5.0 for a mixed use development with a food store and permits a building setback of 1.5 metres to Charles Street East. The applicant has requested an amendment to Zoning By-law 85-1 to change the zoning from "High Intensity Mixed Use Corridor Zone (MU -3) with Special Regulation Provision 544R' to `High Intensity Mixed Use Corridor Zone (MU -3) with Special Regulation Provision 803R and Holding Provision 108H' in Zoning By-law 85-1. A Holding Provision is required to ensure matters related to urban design, noise and site servicing are addressed, prior to lifting of the Holding Provision. Official Plan policies indicate that where special zoning regulations are requested for residential intensification or a redevelopment of lands, the overall impact of the site- specific zoning regulations will consider compatibility with existing built form; appropriate massing and setbacks that support and maintain streetscape and community character; appropriate buffering to mitigate adverse impacts, particularly with respect to privacy; avoidance of unacceptable adverse impacts by providing appropriate number of parking spaces and an appropriate landscaped/amenity area. The applicant is seeking to amend the Zoning By-law to add Special Regulation Provision 803R and Holding Provision 108H to Zoning By-law 85-1. Page 285 of 399 The proposed Special Regulation Provision is to permit an increased Floor Space Ratio (FSR), regulate buildings setbacks, minimum ground floor and podium height, reduce the required parking rate and require bicycle and electric vehicle parking in accordance with Zoning By-law 2019-051. Staff offer the following comments with respect to the proposed Special Regulation Provision 803R: a) That the maximum Floor Space Ratio shall be 9.8. The purpose of this regulation is to cap the Floor Space Ratio and ensure development does not generally exceed the density presented in the concept plans. b) That parking be provided at a rate of 0.4 parking spaces per dwelling unit. 8% of the required parking spaces shall be shared for visitor parking and non-residential uses. Bicycle and electric vehicle parking are to be provided in accordance with By-law 2019- 051. The purpose of this regulation is to provide for a parking rate which is appropriate for the development as well as require adequate bicycle parking spaces and future electric vehicle charging parking spaces. The proposed ratio results in a parking rate of 0.4 parking spaces per dwelling unit (inclusive of visitor spaces). The subject lands will have adequate access to public transit and pedestrian/cycling networks and adequate bike storage will be provided within the development for residents. Planning and Transportation Services staff is of the opinion that the parking rate is appropriate for the subject lands. c) The minimum rear yard (opposite Charles Street East) setback shall be 3.Om from the building and a 0 m setback from the stairwell. The purpose of this regulation is to allow external stairs against the property line whereas the building will be situated 3 metres from property line. d) The minimum ground floor building height along the Charles Street East street line fagade shall be 4.5 metres. The purpose of this regulation is to ensure the ground floor is activated with commercial units, lobbies, fitness rooms or other active uses that will activate the streetscape and further enhance the public realm. e) The minimum Side Yard Abutting a Street setback (setback to Betzner Avenue South) shall be 0.0 metres and shall allow the projections into Driveway Visibility Triangles. The purpose of this regulation is to allow the building to be built closer to the Betzner Avenue property line which is a local street that provides access to the subject lands and two other properties which are also setback 0 metres to the Betzner Avenue property line. Staff offer the following comments with respect to Holding Provision 108H: Page 286 of 399 Official Plan policies require that holding provisions will be applied in those situations where it is necessary or desirable to zone lands for development or redevelopment in advance of the fulfillment of specific requirements and conditions, and where the details of the development or redevelopment have not yet been fully resolved. A Holding provision may be used in order to facilitate the implementation of the `MU -3' zone and special regulation provision. The City will enact a by-law to remove the holding symbol when all the conditions set out in the holding provision have been satisfied, permitting development or redevelopment in accordance with the zoning category assigned. Holdinq Provision 108H Planning staff are recommending the following Holding Provision as part of the Zoning By- law Amendment: No residential use shall be permitted until a detailed transportation (road) and stationary noise study has been completed and implementation measures recommended to the satisfaction of the Regional Municipality of Waterloo. The detailed stationary noise study shall review the potential impacts of noise (e.g. HVAC systems) on the sensitive points of reception and the impacts of the development on adjacent noise sensitive uses. ii. No development on the lands shall occur until a detailed Site Servicing Study has been completed and implementation measures addressed to the satisfaction of the Regional Municipality of Waterloo. iii. No development on the lands shall occur until such time as an Urban Design Brief is approved by the City's Director of Planning demonstrating a high quality of urban design that contributes positively to the public realm and streetscapes with adequate onsite amenity. A Noise Study was prepared in support of the proposed Zoning By-law Amendment application and reviewed by the Region of Waterloo. Additional building noise mitigation measures will be reviewed through the site plan design and approvals process and an addendum to the noise study will be required prior to removal of the Holding Provision. Furthermore, a Site Servicing Study was prepared and accepted by the City of Kitchener however the Region of Waterloo requires additional information on the water connection and storm flows which requires an updated Site Servicing Study prior to the removal of the Holding Provision. High quality urban design is expected for the subject lands and extra attention to high quality urban design that contributes positively to the public realm and with adequate onsite amenity for future residents is required to be provided onsite. Detailed design will be reviewed through the site plan design and approvals process and an updated urban design report will be required prior to removal of the Holding Provision. Proposed Zoning By-law Amendment Conclusions Staff is of the opinion that the proposed Zoning By-law Amendment application to change the zoning of the subject lands to `High Intensity Mixed Use Corridor Zone (MU -3) with Special Regulation Provision 803R and Holding Provision 108H' represents good planning as it will facilitate the redevelopment of the lands with a mixed-use dwelling development Page 287 of 399 that is compatible with the existing neighbourhood, which will add visual interest at the street level and skyline, and will appropriately accommodate on-site parking needs. Staff are supportive of the proposed development and recommend that the proposed Zoning By-law amendment be approved as shown in Appendix `B'. Department and Agency Comments: Circulation of the Official Plan Amendment and Zoning By-law Amendment was undertaken in June 2023 to all applicable City departments and other review authorities. No major concerns were identified by any commenting City department or agency and any necessary revisions and updates were made. Copies of the comments are found in Appendix "D" of this report. The following Reports and Studies were considered as part of this proposed Official Plan Amendment and Zoning By-law Amendment: • Planning Justification Report Prepared by: MHBC Planning, May 2023 • Urban Design Brief, Shadow Study Prepared by: MHBC Planning, May 2023 • Wind Study Prepared by: Boundary Layer Wind Tunnel Laboratory, May 2023 • Transportation Impact Study and Parking Study Prepared by: Paradigm Transportation Solutions, May 2023 • Site Servicing Feasibility Study Prepared by: SBM, May 2023 • Sustainability Statement Prepared by: MHBC Planning, May 2023 • Noise Feasibility Study Prepared by: HGC Engineering, May 2023 • Arborist Report Prepared by: JK Consulting Arborists, April 2023 Page 288 of 399 Community Input & Staff Responses WHAT WE HEARD 348 addresses (occupants and property owners) were circulated and notified 3 people/households/businesses provided comment A City -led Neighbourhood Meeting was held on July 20, 2023 and 2 users �logged on Staff received written responses from 3 residents with respect to the proposed development. The comments received are included in Appendix `E'. A Neighbourhood Meeting was held on July 20, 2023. A summary of what we heard, and staff responses are noted below. What We Heard Staff Comment The City of Kitchener does not regulate number of bedrooms. While the City does not regulate the number of bedrooms, a mix of unit types is strongly encouraged. In September 2022, we received new housing census data — we know: ■ We have 99805 dwelling units in Kitchener 61 % are 3+ bedrooms. Three bedroom units should be We also know household data now as well: included in the proposed ■ 58% of households have 1-2 people (26% 1 development. person, 32% 2 people) ■ 15% of all dwellings are in buildings greater than 5 storeys When a comparison is made between the household and housing data, we have 27,000 3+ bedroom homes which are occupied by one or two people. This means that 44% of all large units in Kitchener have more bedrooms than people living in the dwelling The City is currently undertaking a Missing Middle study which is reviewing how the City can continue Page 289 of 399 Planning Conclusions In considering the foregoing, staff are supportive of the proposed Official Plan Amendment and Zoning By-law Amendment applications to permit the development of a mixed -used development at 332 Charles Street East. Staff is of the opinion that the subject applications are consistent with policies of the Provincial Policy Statement (2020), conform to Growth Plan for the Greater Golden Horseshoe, the Regional Official Plan, and the City of Kitchener Official Plan and represent good planning. Planning staff are recommending that the applications be approved. ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN: The recommendation of this report supports the achievement of the City's strategic vision through the delivery of core service. FINANCIAL IMPLICATIONS: There are no financial implications associated with this recommendation. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Council / Committee meeting. A large notice sign was posted on the property and information regarding the application was posted to the City's website in June of 2023. Following the initial circulation referenced below, an additional postcard advising of the statutory public meeting was circulated to all residents and property owners within 240 metres of the subject lands, and those responding to the preliminary circulation. Notice of the Statutory Public Meeting was also posted in The Record on August 25, 2023 (a copy of the Notice may be found in Appendix `C'). CONSULT — The proposed Official Plan Amendment and Zoning By-law Amendment were circulated to residents and property owners within 240 metres of the subject lands on June Page 290 of 399 to achieve a balance of all housing types of all sizes across the City. This work will be first implemented as part of the Growing Together project. Concerns the proposed A Traffic Impact Study was submitted and reviewed development will create traffic by City and Regional Transportation staff who did that existing roads can not not identify any major traffic concerns as a result of handle. the proposed development. Support for bicycle parking The proposed development is providing more bicycle parking than vehicular parking in an MTSA. A landscape plan and street tree plan will be reviewed through the site plan approval process. A Trees and amenity space should Holding Provision is proposed for the subject lands be provided for residents to require adequate on-site amenity space which will be further reviewed through the site plan approval process. Planning Conclusions In considering the foregoing, staff are supportive of the proposed Official Plan Amendment and Zoning By-law Amendment applications to permit the development of a mixed -used development at 332 Charles Street East. Staff is of the opinion that the subject applications are consistent with policies of the Provincial Policy Statement (2020), conform to Growth Plan for the Greater Golden Horseshoe, the Regional Official Plan, and the City of Kitchener Official Plan and represent good planning. Planning staff are recommending that the applications be approved. ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN: The recommendation of this report supports the achievement of the City's strategic vision through the delivery of core service. FINANCIAL IMPLICATIONS: There are no financial implications associated with this recommendation. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Council / Committee meeting. A large notice sign was posted on the property and information regarding the application was posted to the City's website in June of 2023. Following the initial circulation referenced below, an additional postcard advising of the statutory public meeting was circulated to all residents and property owners within 240 metres of the subject lands, and those responding to the preliminary circulation. Notice of the Statutory Public Meeting was also posted in The Record on August 25, 2023 (a copy of the Notice may be found in Appendix `C'). CONSULT — The proposed Official Plan Amendment and Zoning By-law Amendment were circulated to residents and property owners within 240 metres of the subject lands on June Page 290 of 399 17, 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 • Regional Official Plan • City of Kitchener Official Plan, 1994 • King Street East Secondary Plan • City of Kitchener Official Plan, 2014 • City of Kitchener Zoning By-law 85-1 REVIEWED BY: Tina Malone -Wright — Interim Manager of Development Review, Planning Division APPROVED BY: Readman, Justin - General Manager, Development Services APPENDIXS: Appendix A — Proposed Official Plan Amendment Appendix B — Proposed Zoning By-law Amendment Appendix C — Newspaper Notice Appendix D — Department and Agency Comments Appendix E — Public Comments Page 291 of 399 z z z C N CL _ (B � Q QCN _� CL t— Q O N N (0 O OO O V Q CO Dof LL�Qz L a) O � —' L D @ _0 O _0 C L L O L LL w0 °' L _0 cu m a> OQ_0Q Lu Lu 0 0 LU Z Z W 0 2EU 0 0 cn �75 � 0 CD m� x2N N L O o Q a) --D UDC9= E ami �° U) �Zz E E o o -0 MU) LU R a L ,xcn LL 0 0 0 o x a) 0- o 0- .7 ami a) 0 o> 0 a m J JIIII J J Z O m 0 d U) Q LL U W z p1 r. ■ 901 _ b W U) LU � I a ; a � a + u U a 1 LLo� CD M I C`7 a MN a W ' N z W m Q � d z W It � i Q }U) Go z U CL 0 Z 0 0 N o O N N U) N W W OO U) LU O O w Q U Q Cf LU CO U co LU Q Z W CD 2 J U U W ui Q J � LIJ < U) V = coLU COU cY Q co T- C) U N co M AMENDMENT NO. XXX TO THE OFFICIAL PLAN OF THE CITY OF KITCHENER CITY OF KITCHENER 332 Charles Street East Page 293 of 399 AMENDMENT NO. XXX TO THE OFFICIAL PLAN OF THE CITY OF KITCHENER CITY OF KITCHENER 332 Charles Street East INDEX SECTION 1 TITLE AND COMPONENTS SECTION 2 PURPOSE OF THE AMENDMENT SECTION 3 BASIS OF THE AMENDMENT SECTION 4 THE AMENDMENT APPENDICES APPENDIX 1 Notice of the Meeting of Planning & Strategic Initiatives Committee of September 18, 2023 APPENDIX 2 Minutes of the Meeting of Planning & Strategic Initiatives Committee September 18s, 2023 APPENDIX 3 Minutes of the Meeting of City Council Page 294 of 399 AMENDMENT NO. XXX TO THE OFFICIAL PLAN OF THE CITY OF KITCHENER SECTION 1 — TITLE AND COMPONENTS This amendment shall be referred to as Amendment No. XXX to the Official Plan of the City of Kitchener (1994). This amendment is comprised of Sections 1 to 4 inclusive. SECTION 2 — PURPOSE OF THE AMENDMENT The purpose of the Official Plan Amendment is to amend: • Map 10 — Secondary Plan - King Street East Neighbourhood Plan for Land Use by redesignating lands, municipally addressed as 332 Charles Street East from Mixed Use Corridor' with Special Policy Area 1' to `Mixed Use Corridor with Special Policy Area 12' • Adding Policy 13.2.3.12 to Section 13.2.3 to permit a maximum Floor Space Ratio (FSR) of 9.8. SECTION 3 — BASIS OF THE AMENDMENT Planning Analysis: Planning Act, R.S.O. 1990, c. P.13 25. Section 2 of the Planning Act establishes matters of provincial interest and states that the Minister, the council of a municipality, a local board, a planning board and the Tribunal, in carrying out their responsibilities under this Act, shall have regard to, among other matters, matters of provincial interest such as, f) The adequate provision and efficient use of communication, transportation, sewage and water services and waste management systems; g) The minimization of waste; h) The orderly development of safe and healthy communities; j) The adequate provision of a full range of housing, including affordable housing; k) The adequate provision of employment opportunities; p) The appropriate location of growth and development; q) The promotion of development that is designed to be sustainable, to support public transit and to be oriented to pedestrians; r) The promotion of built form that, (i) Is well-designed, (ii) Encourages a sense of place, and (iii) Provides for public spaces that are of high quality, safe, accessible, attractive and vibrant; s) The mitigation of greenhouse gas emissions and adaptation to a changing climate. These matters of provincial interest are addressed and are implemented through the Provincial Policy Statement, 2020, as it directs how and where development is to occur. The City's Official Plan is the most important vehicle for the implementation of the Provincial Policy Statement, 2020 and to ensure Provincial policy is adhered to. Page 295 of 399 The Ministry of Municipal Affairs and Housing is proposing an integrated province -wide land use planning policy document, potentially replacing the Provincial Policy Statement and A Place to Grow: Growth plan for the Greater Golden Horseshoe, with a singular Provincial Planning Statement (PPS) which is in draft form and not in effect at the time this report was prepared. Provincial Policy Statement, 2020: The Provincial Policy Statement (PPS) provides policy direction on matters of provincial interest related to land use planning and development. Section 1.4.3(b) of the PPS promotes all types of residential intensification, and sets out a policy framework for sustainable, healthy, liveable and safe communities. The PPS promotes efficient development and land use patterns, as well as accommodating an appropriate mix of affordable and market-based residential dwelling types with other land uses, while supporting the environment, public health and safety. Provincial policies promote the integration of land use planning, growth management, transit -supportive development, intensification, and infrastructure planning to achieve cost-effective development patterns, optimization of transit investments, and standards to minimize land consumption and servicing costs. To support provincial policies relating to the optimization of infrastructure, transit and active transportation, the proposed designation and zoning facilitate a compact form of development which efficiently uses the lands, is in close proximity to transit options including bus, rapid transit, and makes efficient use of both existing roads and active transportation networks. The lands are serviced and are in proximity to parks, trails and other community uses. Provincial policies are in support of providing a broad range of housing. The proposed mixed-use development represents an attainable form of market-based housing. Planning staff is of the opinion that the proposed applications will facilitate the intensification of the subject property with a mixed-use multiple dwelling development that is compatible with the surrounding community, helps manage growth, is transit supportive and will make use of the existing infrastructure. No new public roads would be required for the proposed development and Engineering staff have confirmed there is capacity in the sanitary sewer to permit intensification on the subject lands. Based on the foregoing, staff is of the opinion that this proposal is in conformity with the PPS. A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 (Growth Plan): The Growth Plan supports the development of complete and compact communities that are designed to support healthy and active living, make efficient use of land and infrastructure, provide for a range and mix of housing types, jobs, and services, at densities and in locations which support transit viability and active transportation. Policies of the Growth Plan promote growth within strategic growth areas including major transit station areas, in order to provide a focus for investments in transit and other types of infrastructure. 4 Page 296 of 399 Policy 2.2.6.1(a) states that municipalities will support housing choice through the achievement of the minimum intensification and density targets in this plan by identifying a diverse range and mix of housing options and densities, including additional residential units and affordable housing to meet projected needs of current and future residents. Policies 2.2.1.4 states that complete communities will: a) feature a diverse mix of land uses, including residential and employment uses, and convenient access to local stores, services, and public service facilities; b) improve social equity and overall quality of life, including human health, for people of all ages, abilities, and incomes; c) provide a diverse range and mix of housing options, including additional residential units and affordable housing, to accommodate people at all stages of life, and to accommodate the needs of all household sizes and incomes; d) expand convenient access to: i. a range of transportation options, including options for the safe, comfortable and convenient use of active transportation; ii. public service facilities, co -located and integrated in community hubs; iii. an appropriate supply of safe, publicly -accessible open spaces, parks, trails, and other recreational facilities; and iv. healthy, local, and affordable food options, including through urban agriculture; e) provide for a more compact built form and a vibrant public realm, including public open spaces; f) mitigate and adapt to the impacts of a changing climate, improve resilience and reduce greenhouse gas emissions, and contribute to environmental sustainability; and g) integrate green infrastructure and appropriate low impact development. The Growth Plan supports planning for a range and mix of housing options and, in particular, higher density housing options that can accommodate a range of household sizes in locations that can provide access to transit and other amenities. Policy 2.2.4 requires that planning be prioritized for MTSAs on priority transit corridors, including zoning in a manner that implements the policies of the Growth Plan. MTSAs on priority transit corridors will be planned for a minimum density target of 160 residents and jobs combined per hectare for those that are served by light rail transit or bus rapid transit. The Region of Waterloo's ION is a form of light rail transit and the ION station stop areas are Major Transit Station Areas (MTSAs) that are required to achieve the minimum density target of 160 residents and jobs combined per hectare. The subject lands are located within the City's delineated built up area, and within a Major Transit Station Area. The lands are identified as a MTSA in the 2014 Kitchener Official Plan. In the City's Official Plan on Map 2 — Urban Structure the lands appear within the MTSA boundary for the Kitchener Market ION station. The Region of Waterloo commenced the Regional Official Plan Review project and as part of that Page 297 of 399 work, revised MTSA boundaries were approved in August 2022. The subject lands are within the Kitchener Market Station MTSA. The proposed development provides residential intensification and will help the City achieve density targets in the MTSA. The proposed designation and zoning will support a higher density housing option that will help make efficient use of existing infrastructure, parks, roads, trails and transit. Planning staff is of the opinion that the applications conform to the Growth Plan. Regional Official Plan (ROP): Urban Area policies of the ROP identify that the focus of the Region's future growth will be within the Urban Area. The subject lands are designated Built -Up Area in the ROP. The proposed development conforms to Section 2.F of the ROP as the proposed development supports the achievement of the minimum annual 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 subject lands are located in the Kitchener Market Station Major Transit Station Area (MTSA) in the ROP. The minimum density target within the Market Station MTSA is 160 people and jobs/ha. The density proposed through this application exceeds the density target of 160 people and jobs/ha on a site specific basis and the proposed development will contribute to the achievement of the overall density target for the Kitchener Market Station MTSA. Regional policies require Area Municipalities to plan for a range of housing in terms of form, tenure, density and affordability to satisfy the various physical, social, economic and personal support needs of current and future residents. The Region of Waterloo have indicated they have no objections to the proposed application (Appendix `D'). Planning staff are of the opinion that the applications conform to the Regional Official Plan. City of Kitchener Official Plan (OP) The City of Kitchener OP provides the long-term land use vision for Kitchener. The vision is further articulated and implemented through the guiding principles, goals, objectives, and policies which are set out in the Plan. The Vision and Goals of the OP strive to build an innovative, vibrant, attractive, safe, complete and healthy community. Complete Community A complete community creates and provides access to a mix of land uses including, a full range and mix of housing, including affordable housing, recreation, commerce, community and cultural facilities, health care facilities, employment, parks and open spaces distributed and connected in a coherent and efficient manner. A complete community also supports the use of public transit and active transportation, enabling residents to meet most of their daily needs within a short distance of their homes. Kitchener will be planned as a complete community that creates opportunities for all people to live, work and interact within close proximity. Planning for a complete community will aid in reducing the cost of infrastructure and servicing, encourage the Page 298 of 399 use of public transit and active modes of transportation, promote social interaction, and foster a sense of community. The applicant is proposing to contribute aspects of a complete community on the subject lands with a 17 -storey high-rise, mixed-use development with 163 residential units and 180 square metres of commercial space. Urban Structure The Official Plan establishes an Urban Structure for the City of Kitchener and provides policies for directing growth and development within this structure. Intensification Areas are targeted throughout the Built-up Area as key locations to accommodate and receive the majority of development or redevelopment for a variety of land uses. Primary Intensification Areas include the Urban Growth Centre, Major Transit Station Areas, Nodes and Corridors, in this hierarchy, according to Section 3.C.2.3 of the Official Plan. The subject lands are located within a Major Transit Station Area. The planned function of the Major Transit Station Areas is to provide densities that will support transit, and achieve a mix of residential, office, institutional and commercial uses. They are also intended to have streetscapes and a built form that is pedestrian -friendly and transit - oriented. Policies also require that development applications in Major Transit Station Areas give consideration to the Transit -Oriented Development policies contained in Section 13.C.3.12 of the Official Plan. Generally, the Transit -Oriented Development policies support a compact urban form, that supports walking, cycling and the use of transit, by providing a mix of land uses in close proximity to transit stops, to support higher frequency transit service and optimize transit rider convenience. These policies also support developments which foster walkability by creating safe and comfortable pedestrian environments and a high-quality public realm. Staff is of the opinion that the proposed development will help to increase density in an area well served by nearby rapid transit and transit while being context sensitive to surrounding lands and provides excellent access to off-road pedestrian and cycling facilities. Staff is of the opinion that the proposed Official Plan Amendment and Zoning By-law Amendment will support a development that not only complies with the City's policies for a Major Transit Station Area but also contributes to the vision for a sustainable and more sustainable city. Land Use The subject lands are designated `Mixed Use Corridor with Special Policy Area 1' (Map 10) in the King Street East Secondary Plan (1994 Official Plan). The Mixed Use Corridor land use designation provides residential redevelopment opportunities together with appropriate commercial and institutional uses that primarily serve adjacent residential neighbourhoods. Over time it is intended that the Mixed Use Corridors shall intensify and provide a balanced distribution of commercial, multiple residential and institutional uses. The policies of Special Policy Area 1 were deleted through OPA 111. The applicant is proposing to add Special Policy Area 12 to the King Street East Secondary Plan to allow a Floor Space Ratio (FSR) of 9.8 whereas the current Official Page 299 of 399 Plan policies allow for a maximum FSR of 4.0 with an additional 1.0 FSR permitted if a 1,000 square metre or larger food store is located within the mixed-use development. Policy 17.E.13.1. of the City of Kitchener Official Plan require that holding provisions will be applied in situations where it is necessary or desirable to zone lands for development or redevelopment in advance of the fulfillment of specific requirements and conditions, and where the details of the development or redevelopment have not yet been fully resolved. A Holding provision may be used in order to implement this Plan to ensure that certain conditions, studies or requirements related to a proposed Zoning By-law Amendment are met. A Holding Provision shall be applied to residential uses, day care uses and other sensitive uses and will not be removed through a by-law amendment until such time as the City of Kitchener is in receipt of an Urban Design Report and until such time as a Noise Study and updated Site Servicing Study has been reviewed and approved by the Region of Waterloo. Growing Together The Growing Together project is the continuation of the City's ongoing planning review process that began with PARTS and advanced through the Neighbourhood Planning Review (NPR) project, while also responding to new direction from the province, implementing the updated Regional Official Plan, and addressing new and emerging city priorities. Proposed Land uses and zoning are currently under reviewed and will be considered by Council in December of 2023. The Growing Together project is the continuation of the City's ongoing planning review process that began with PARTS and advanced through the Neighbourhood Planning Review (NPR) project, while also responding to new direction from the province, implementing the updated Regional Official Plan, and addressing new and emerging city priorities. Preliminary designations and zoning category's have been drafted by staff and are currently available public for consultation. The subject lands, together with surrounding lands are contemplated to be designated and zoned to high intensity land use designations and zoning category with a 25 storey height maximum. The approach to zoning and policies of Growing Together differs from the current zoning regime which makes strong use of numerical metrics such as building height and floor space ratio. These metrics are useful in many contexts, however become somewhat problematic in considering high-density and high-rise developments where site sizes and building heights can vary significantly. Staff are recommending a form based zoning approach as part of the Growing Together project, which will place a greater emphasis on the pedestrian experience and design of buildings at grade and as experienced on the street, as well as appropriate tower floor plate sizes, separations and setbacks which protect from tower overlook within and between sites, which preserve access to sunlight and mitigates shadow impacts, and which provides for an interesting skyline — which is also the goal of the City's Tall Building Guidelines. Staff have drafted the recommended special policy and zoning regulations for the subject lands in consideration of the direction of the Growing Together project. Staff are of the opinion that the subject lands are appropriate for high-rise, high-density Page 300 of 399 development, subject to demonstration that the proposed built form achieves the objectives of the Urban Design Manual and the Tall Building Guidelines. Lon 07.in•�%n The City's urban design policies are outlined in Section 11 of the City's Official Plan. In the opinion of staff, the proposed development meets the intent of these policies, specifically: Streetscape; Safety; Universal Design; Site Design; Building Design, and Massing and Scale Design. To address these policies, an Urban Design Brief Report was submitted and has been reviewed by City staff. The Urban Design Brief outlines the vision and principles guiding the site design and informs the proposed zoning by-law regulations. An updated urban design report will be required and secured through a Holding Provision. Extra attention to high quality urban design that contributes positively to the public realm and streetscapes is expected for the subject lands with adequate onsite amenity for future residents. Detailed design will be reviewed through the site plan design and approvals process and an updated urban design report will be required prior to removal of the Holding Provision. Streetscape — The Charles Street frontage is activated by at -grade commercial units and the building's lobby. At -grade commercial units and the building lobby have direct access to public sidewalks. The tower podium has a defined base which will enhance the streetscape. Safety — As part of the site plan approval process, staff will ensure Crime Prevention Through Environmental Design (CPTED) principles are achieved and that the site meets the Ontario Building Code and the City's Emergency Services Policy. Universal Design — The development will be designed to comply with Accessibility for Ontarians with Disabilities Act and the Ontario Building Code. Skyline — The proposed building will provide a new feature on the City's skyline. The proposed building will create visual interest from several different vantage points. Site Design, Building Design, Massing and Scale — The subject site is designed to have a development that will be developed at a scale that is compatible with the existing and planned built form for the surrounding neighbourhood. The tower has a well defined podium and building step backs which helps enhance the public realm. Massing is broken up at the 8th storey on the tower which mitigate overlook issues and shadow impacts. Tower Design The tower placement has been oriented towards Charles Street East with a 2 storey podium and building step backs at the 8th floor. The tower massing is broken up vertically by variation and the articulation of building materials. Furthermore, balconies for the residential units are included on the street -facing elevations. The commercial units will have a 4.5 metre tall ground floor which will enhance the streetscape. Page 301 of 399 Shadow Impact Study The owner has completed a Shadow Impact Study in addition to the Urban Design Report. Staff have reviewed the study and are satisfied the Shadow Study meets the City's requirements, with respect to shadow impacts, as noted in the City of Kitchener Urban Design Manual. Wind Study A Wind Study was prepared for the consideration of this development proposal and reviewed by staff. The wind conditions surrounding the proposed development are generally suitable. A full Wind Assessment be required and reviewed at the site plan application stage and wind control features will be required through the site plan application if necessary to mitigate wind. Tall Buildina Guidelines The proposed development has also been reviewed for compliance with the City's Design for Tall Buildings Guidelines. The objective of this document is to: • achieve a positive relationship between high-rise buildings and their existing and planned context; • create a built environment that respects and enhances the city's open space system, pedestrian and cyclist amenities and streetscapes; • create human -scaled pedestrian -friendly streets, and attractive public spaces that contribute to livable, safe and healthy communities; • promote tall buildings that contribute to the view of the skyline and enhance orientation, wayfinding and the image of the city; • promote development that responds to the physical environment, microclimate and the natural environment including four season design and sustainability; and, • promote tall building design excellence to help create visually and functionally pleasing buildings of architectural significance. The proposed development concept has been reviewed with these objectives in mind. City staff has confirmed that the proposed tower is generally consistent with and meet the overall intent of the City's Design for Tall Building Guidelines. More specifically, the proposed development generally meets the offsite separation distance requirements of the Design for Tall Building Guidelines and will be further reviewed through the site plan approval process prior to removal of the Holding Provision. Transportation Policies: The Official Plan supports an integrated transportation system which incorporates active transportation, allows for the movement of people and goods and promotes a vibrant, healthy community using land use designations and urban design initiatives that make a wide range of transportation choices viable. The subject lands are located in close proximity to the Kitchener Market ION Stop. The building has excellent access to cycling networks, including existing on and off-street cycling facilities and is located in close proximity to the downtown cycling grid. The location of the subject lands, in the context of the City's integrated transportation system, supports the proposal for transit - oriented development on the subject lands. 10 Page 302 of 399 Policy 3.C.2.22 states that until such time as Station Area Plans are completed and this Plan is amended accordingly, in the interim, any development application submitted within a Major Transit Station Area will be reviewed generally in accordance with the Transit -Oriented Development Policies included in Section 13.C.3.12 The proposed Official Plan Amendment and Zoning By-law Amendment applications support a more compact mixed-use development. The location of the proposed buildings, secured through the proposed site-specific provisions, will result in a compatible built form that fosters walkability within a pedestrian -friendly environment that allows walking to be safe, comfortable, barrier -free and a convenient form of urban travel. At a future site plan approval process, the design of the buildings will have to feature a high quality public realm to enhance the identity of the area and create gathering points for social interaction, community events and other activities. Additionally, secured and visitor bicycle parking is required by the proposed Zoning By-law. Housing Policies: Section 4.1.1 of the City's Official Plan contains policies with the primary objective to provide for an appropriate range, variety and mix of housing types and styles, densities, tenure and affordability to satisfy the varying housing needs of our community through all stages of life. The proposed development increases the amount of multiple dwelling units available in the city. The development is contemplated to include a range of unit types including, one and two-bedroom units. Theses new units will meet and appeal to a variety of household needs. Sustainable Development Section 7.C.4.1 of the City's Official Plan ensures developments will increasingly be sustainable by encouraging, supporting and, where appropriate, requiring: a) compact development and efficient built form; b) environmentally responsible design (from community design to building design) and construction practices; c) the integration, protection and enhancement of natural features and landscapes into building and site design; d) the reduction of resource consumption associated with development; and, e) transit -supportive development and redevelopment and the greater use of other active modes of transportation such as cycling and walking. Development applications are required to demonstrate that the proposal meets the sustainable development policies of the Plan and that sustainable development design standards are achieved. Sustainable development initiatives will be further implemented at the site planning approval process through the detailed design review of the building. 11 Page 303 of 399 Official Plan Amendment Conclusions The Official Plan Amendment application requests that the land use designation as shown on Map 10 — King Street East Secondary Plan be changed from `Mixed Use Corridor with Special Policy Area 1' to `Mixed Use Corridor with Special Policy Area 12'. Based on the above -noted policies and planning analysis, staff is of the opinion that the proposed Official Plan Amendment represents good planning and recommends that the proposed Official Plan Amendment be approved. SECTION 4 — THE AMENDMENT The City of Kitchener Official Plan (1994) is hereby amended as follows: a) Part 3, Section 13.2.3 Special Policies is amended by adding Special Policy 13.2.3.12 thereto as follows: 11. Notwithstanding the Mixed Use Corridor land use designation and policies, applied to the lands located at 332 Charles Street East, the maximum Floor Space Ratio shall be 9.8. A Holding Provision shall be applied to residential uses, day care uses and other sensitive uses and will not be removed through a by-law amendment until such time as the City of Kitchener is in receipt of an Urban Design Report and until Noise Study and site servicing report has been reviewed and approved by the Region of Waterloo. b) Map No. 10 — Secondary Plan - King Street East Neighbourhood Plan for Land Use is amended by designating the lands, municipally addressed as 332 Charles Street East, as `Mixed Use Corridor with Special Policy Area 12" instead of `Mixed Use Corridor with Special Policy Area 1', as shown on the attached Schedule W. 12 Page 304 of 399 APPENDIX 1: Notice of the Planning & Strategic Initiatives Committee Meeting (September 18, 2023) NOTICE OF PUBLIC REETING for a development in your neighbourhooid 332 Chartes Street East Concept Drawling Have Your Voice H ea rd'. Planning & Strategic Initiatives Committee Date, September 118, 2023 Location; Council Chambers, Kitchener City Hal I 2001 imn Street' t orVirtualZoom Mee finig, Gro to kitcheineir.ca/meetin gs ani select, Current agen da s a ndl repoits (posted 10 days blef6re meet! ni) Appea r as a delegation 01 Waitchi a meeting learn more about this project, i nicluding ion your appeali rights, visit: www.kitcheneirca/ 0ink"or�ma�tion 0 PlanningApplications orcontact: d 12, 5 1 1 ""l ( e Craig Diumart S�enior Planner J S VVit;8 R, t I c�� �' 'Unil.s c rat & d tA m a, rt (9) k Itch e n e r.c a 519.741.2200 x70,73 The City of Kitchener vAll consider applications, to, amend the Official Plan and Zoning By-law to facilitate the redevelopment of the lands with, a 17 -storey mixed use building with a Floor pace Ratio of 9.8 having, 163 residentiM kinits and 2 ground floor commercial ujnjts. A total of 65 vehicle par1king spaces andl 170 bicycle parking spaces are proposed for the development. 13 Page 305 of 399 APPENDIX 2: Minutes of the Planning & Strategic Initiatives Committee Meeting (September 18, 2023) 14 Page 306 of 399 APPENDIX 3 - Minutes of the Meeting of City Council (September 26, 2023) is Page 307 of 399 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 — 332 Charles GP Inc, 332 Charles Street East) WHEREAS it is deemed expedient to amend By-law 85-1 for the lands specified above; NOW THEREFORE the Council of the Corporation of the City of Kitchener enacts as follows: 1. Schedule Number 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 High Intensity Mixed Use Corridor Zone (MU -3) with Special Regulation Provision 544R to High Intensity Mixed Use Corridor Zone (MU -3) with Special Regulation Provision 803R and Holding Provision 108H. 2. Schedule Number 120 of Appendix "A" to By-law Number 85-1 is hereby further amended by incorporating additional zone boundaries as shown on Map No. 1 attached hereto. 3. Appendix "D" to By-law 85-1 is hereby amended by adding Section 803 thereto as follows: "803. Notwithstanding Sections 6.1.2, and 55.2.1 of this By-law within the lands zoned MU - 3 and shown as being affected by this subsection on Schedule Number 120 of Appendix `A' the following special regulations shall apply: a) The maximum Floor Space Ratio shall be 9.8. b) On-site Parking shall be provided as follows: i) Parking for multiple dwellings shall be provided at a rate of 0.4 spaces per unit. ii) Visitor Parking shall be sharable with non-residential uses and be provided at a rate of 8% of the required parking. Page 308 of 399 iii) Bicycle and electric vehicle parking are to be provided in accordance with By-law 2019-051; c) The minimum rear yard (opposite Charles Street East) setback shall be 3.0 metres from the building and a 0 metre setback from the stairwell. d) The minimum ground floor building height along the Charles Street East street line fagade shall be 4.5 metres. e) The minimum Side Yard Abutting a Street setback (setback to Betzner Avenue South) shall be 0.0 metres and shall allow the projections into Driveway Visibility Triangles." 4. Appendix "F" to By-law 85-1 is hereby amended by adding Section 108H thereto as follows: "108. Notwithstanding Section 55 of this Bylaw, within the lands zoned MU -3 and shown as being affected by this Subsection on Schedule Number 120 of Appendix "A": i) No residential use shall be permitted until a detailed transportation (road) and stationary noise study has been completed and implementation measures recommended to the satisfaction of the Regional Municipality of Waterloo. The detailed stationary noise study shall review the potential impacts of noise (e.g. HVAC systems) on the sensitive points of reception and the impacts of the development on adjacent noise sensitive uses. ii) No development on the lands shall occur until a detailed Site Servicing Study has been completed and implementation measures addressed to the satisfaction of the Regional Municipality of Waterloo. iii) No development on the lands shall occur until such time as an Urban Design Brief is approved by the City's Director of Planning demonstrating a high quality of urban design that contributes positively to the public realm and streetscapes with adequate onsite amenity." 5. This By-law shall become effective only if Official Plan Amendment No. XX (332 Charles Page 309 of 399 Street East) comes into effect, pursuant to Section 24(2) of The Planning Act, R.S.O. 1990, c. P.13, as amended. 2023. PASSED at the Council Chambers in the City of Kitchener this day of Mayor Clerk Page 310 of 399 Z fq W 0 0_ ir-❑ of v Of Cl) O z Z U pU p w U) cn U)cwn > LU d p d 00 o 0 0 T W W W O Z Zp Z O N O O T N N U T Z -i LU¢ Z wLLJ O > O z p U O N w Q U) F j Q 0 W Q z F- z X p O-1 2E W W w O Z z o rn o N > o Q Lo 00 1 U V 0 U a a 2E,co ilia �� N m N Q LU Q g O x O Z O z p H x C) Z ~ z N 0 w O O W < } � a J H J Q pF » W z H w O0�U~nz Z 2 p0 >xwp C) w (D O O � C7 Z Vm cn Z U Uj (D O F- Q O Z� W C5 IN N W Un Un W cl 0 Z CC) z W o H of W a d � W CU Y x Z Z W y Z Q Q Q Q LL Q z W Lu N m Q z 2MQZMQz mof> wQOZQ� Z -3 F- ofpzxNo m Q �a U) w oDW Dw N o CO m W 0 x U 0 D _� JZ W N W Z N Yz W I� 2 [1 fl Q cn_-cn O U~/J U` z W � LUQ �w2 x 00 N Un Un Un U 3 xQwwww 0- LU Q^^iF- WWOz�=z�Q JU)-i ZONNzMZCL20_'�Q_'� Z2QU W Z icr EwW0-00—Z Q Q Lt_ N F N Q rwi� rN Dp�p7MLncor`c0 00 w 00 U D S_ N N Ul U1 Of Of X Of 0UWH N Un OY Q Q C G }, w U) M V M Z W � Z cn �, � M VVVVVVVV `" 2 w > ,by �Ln Lo Q 0U) III Uu L� U qU� Cl)�M Q Z � WI IIII W� N_ Q =+ LU a O Z lllllllu"' u-, IIII uuuu "IIII C'1 K K m V Q w w IIII III,III,_ tii 3 7na O LLL m _ _ _ _ n uuuuuuull' - _ �6lt 3ina3H5 - p NOTICE OF PUBLIC MEETING for a development in your neighbourhood 332 Charles Street East Concept Drawing II\4 ii X #tai 1 7 S,i o reys, 1,J s e 1....a 3 [.") w e 11,.11,. i rV g Jr. i.(S IAS r Spa �y Rat I o o,f 9.8 Have Your Voice Heard! Planning & Strategic Initiatives Committee Date: September 18, 2023 Location: Council Chambers, Kitchener City Hall 200, King Street West orV'irtual Zoom Fleeting 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: Craig Dumart, Senior Planner craig.dumart@ kitchener.ca 519.741.2200 x7073 The City of Kitchener will consider applications to amend the Official Plan and Zoning By-law to facilitate the redevelopment of the lands with a 17 -storey mixed use building with a Floor Space Ratio of 9.8 having 163 residential units and 2 ground floor commercial units. A total of 65 vehicle parking spaces and 170 bicycle parking spaces are proposed for the development. Page 312 of 399 Craig Dumart From: [h/btneGou|et Sent Wednesday, July lE\ 2023 1:33 PM To: CnaigDumart Subject: 332 Charles St E - OPA/ZBA Hi Craig, Engineering and Kitchener Utilities have reviewed the functional servicing and water distribution and find it acceptable. The development is approved for a maximum sanitary peak flow of 6.24L/s. Christine Gou|et, C.E.T. Project Manager | Development Engineering | City VfKitchener Page 313 of 399 From: Trevor Heywood <theywood@grand/iver.ca> Sent Thursday, June 15,20238:52AM To: [naigDumart Subject: RE: Circulation for Comment - 332 Charles Street East (OPA/ZBA) This is not regulated by the GRCA and we have no comment. Trevor Heywood Resource Planner Grand River Conservation Authority From: Christine Kompter Sent: Wednesday, June 14,2O2342OPK4 Tm:_DL—#_DSD_P|annin8 Bell c/oVVSP ; Carlos Reyes ; Darren Kropf ; Dave Seller DavidHeucher1 ; David Paetn : Ellen Kayes <>; Enova Power Corp. - Greig Cameron >; Enova Power Corp. Shaun VVanO<; Manning >; Hydro One- Dennis DeRan8o<>;]im Edmondson ;]ustin Neadman <; Katherine Hughes ; K4ikeSei|ing ; Ontario Power Generation <; Park Planning (SM)< ; Region -P|anninX<; Property Data Administrator (SM)_Robert Morgan 5teven Ryder <; 5y|vie Eastman < Tom Nugg|e �� UW-VVU5A /Feds\ ( ) ; VV[DS8 Planning ;VVND6B - Board Secretary VVRUSB - Planning Cc: Craig Dumort Subject: Circulation for Comment -332 Charles Street East/OP4/ZBA\ Please see attached. Additional documentation can be found in AMANDA folders 23-113009 & 23-113013 (City staff) and Sh,areFile (external agencies). Comments orquestions should bedirected toCraig Dunnart,Senior Planner ( 519-741-2200 0073). Christine K0M1pte[ Administrative Assistant | Planning Division | City VfKitchener 200 King Street West, 6/» Floor | P.O. Box 1118 | Kitchener ON N2G4G7 519-741-22OOext. 7425 | TTY 1 -8G5 -9G9-9994| Page 314 of 399 From: Deeksha[houdhry Sent: Friday, July 14,20234:87PM To: Craig Dumart Subject: Pw: Circulation for Comment 332 Charles Street East (DPA/Z8A) Attachments: department /kagency letter '332Charles Street EasLpdf No heritage planning concerns or issues for this application. ED* "T"00000(DQ From: Christine Kompter<ChhsLine.Kumpter@kitchenecca> Sent: Wednesday, June 14,2O2]4:2OPM To:_DL_#_DSD_P|anning <D5D-P|anningDivisimn@khzhener.ca>;Bell - c/o VVSP<circu|ations@wsp.com>;Carlos Reyes <Car|oo.Reyes@kitchener.ca>;Darren Kropf<Dar/en.Kropf@kitchenerza>;Dave Seller <Dave.Se||er@kiLchenerza>; David Heuchert<Dave.Heuohert@kitchener.ca>;David Paetz <Dovid.Paetz@ki1chener.ca>;Ellen Kayes <B|en.Kayes@ki1chenerza>;EnovaPower Corp. Greig Cameron <8rei8.cameron@enovapovve/.com>;EnuvoPower Corp. Shaun Wang <shaun.vvang@enovapower.com>;GRCA-Planning (p|anninQ@Qrandriverza) <p|anninO@Qrandrive rza>;Hydro One - Dennis DeRanQo<|andusep|annin8@hydnoonezom>;Jim Edmondson <]im.Edmmndson@kitchener.ca>;Justin Readman<]ustin.Reodman@kitchenerza>;Katherine Hughes <Katherine.HuQhes@kitchener.ca>; Mike Sei|in8<K4ike.5ei|in8@kitchenerza>;Ontario Power Generation <Executivevp.lawanddevelopment@opg.com>; Park Planning (SM) <Park.Planning@kitchener.ca>; Region Planning <PlanningApplications@regionofwaterloo.ca>; Property Data Administrator (SM) <PropDataAdmin@l<itchener.ca>; Robert Morgan <Robert.K4organ@kitohener.ca>;Steven Ryder <Steven.Ryder@kitchener.ca>;Sy|vieEastman <Sy|vie.Eaotman@kitchenerza>;Tom RugQ|e<Tom.RugQ|e@kitchenerza>;UVV-VVUSA(Fedd(pres@vvusaza) <pres@vvuseza>;VVCDS8-Planning <p|annin8@vvcdsb.ca>;VVRD5B Board Secretary (e|aine_burns@wrdsbza) <e|aine_burns@wrdsbza>;VVRD5B-Planning <p|anning@wrdsb.co> Page 315 of 399 Region of Waterloo Craig Dumart Senior Planner City of Kitchener 200 King Street West, 6th Floor P.O. Box 1118, Kitchener, ON N2G 4G7 Dear Mr. Dumart, PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES Community Planning 150 Frederick Street 8th Floor Kitchener Ontario N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4466 www.regionofwaterloo.ca Melissa Mohr 1-226-752-8622 File: D17/2/23007 C14/2/23011 July 19, 2023 Re: Proposed Official Plan Amendment OPA 23/10 and Zoning By-law Amendment ZBA 23/016 332 Charles Street MHBC Planning (C/O Pierre Chauvin) on behalf of 332 Charles Street GP Inc. (C/O Vive Developments) CITY OF KITCHENER MHBC Planning has submitted a site-specific Official Plan Amendment and Zoning By- law Amendment Application for a development proposal at 332 Charles Street (referred to as subject lands) in the City of Kitchener. The applicant has proposed to demolish the existing building located on site to construct a 17 -storey residential building that is to contain 163 residential units, 63 vehicular parking spaces and 170 bicycle parking spaces. Two ground floor commercial units have been proposed along Charles Street East with pedestrian access from Charles Street East. Vehicular access is proposed from Betzner Avenue South. The subject lands are located in the Urban Area and designated Built Up Area in the Regional Official Plan. The site is designated Mixed Use Corridor in the King Street East Secondary Plan of the City of Kitchener Official Plan and zoned High Intensity (MU -3) Document Number: 4436461 Version: 1 Page 316 of 399 Zone with Special Regulation 544R in the Zoning By-law. The Applicant has requested an Official Plan Amendment to add a special policy to permit an FSR of 8.8 (whereas the maximum FSR is 4.0). The Applicant has requested a Zoning By-law Amendment to add special use provisions for a maximum floor space ratio of 8.8; a reduction in parking to 0.4 spaces/dwelling unit with 8% of the required parking as visitor parking; to permit a rear yard building setback of 3 metres; and, to permit a stairwell setback of 0 metres. The Region has had the opportunity to review the proposal and offers the following: Regional Comments Consistency with Provincial Legislation and Regional Official Plan Conformity The subject lands are designated "Urban Area" and "Built Up Area" on Map 1 and Map 2 of the Regional Official Plan (ROP) and the site is designated Mixed Use Corridor in the King Street East Secondary Plan of the City of Kitchener Official Plan. The subject lands are also located within the Kitchener Market Major Transit Station Area (MTSA). Built Up Area Policies: The development concept proposes a higher density development that contributes to the achievement of the minimum annual intensification target established for the Built - Up Area of Kitchener of 60%. Section 2.F of the ROP establishes policies to support the achievement of the minimum annual 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. Major Transit Station Area Policies: The subject lands are located in the Kitchener Market Station Major Transit Station Area (MTSA). The minimum density target within the Market Station MTSA is 160 people and jobs/ha. The density proposed through this application exceeds the density target of 160 people and jobs/ha on a site specific basis and the proposed development will contribute to the achievement of the overall density target for the Kitchener Market Station MTSA. This development proposes a higher density mixed use residential/commercial development with apartment units that includes ground floor commercial space adjacent Document Number: 4436461 Version: 1 Page 317 of 399 to Charles Street. Higher density, mixed use developments are encouraged within MTSAs through the policy framework contained in the ROP. In addition the above, Regional staff have the following technical comments for review: Environmental Noise (Road and Stationary Noise) Study: An Environmental Noise report entitled "Noise Feasibility Study, Traffic and Stationary Sources, Proposed Mixed Use Development, 332 Charles Street East, Kitchener, Regional Municipality of Waterloo, Ontario" prepared by HGC Engineering, dated May 12, 2023 has been received. Regional staff require the peer review fee of $4,520.00. Once the review fee has been received, the study will be sent to the peer reviewer, with comments generally being received within three (3) weeks of the noise study being sent. In the absence of the fee and peer review comments, Regional staff shall require the implementation of a holding provision until the noise study has been reviewed and implementation measures accepted to the satisfaction of the Region. The required wording for the holding provision is: That a holding provision shall apply to the entirety of the subject lands until a detailed transportation (road) and stationary noise study has been completed and implementation measures recommended to the satisfaction of the Regional Municipality of Waterloo. The detailed stationary noise study shall review the potential impacts of noise (e.g. HVAC systems) on the sensitive points of reception and the impacts of the development on adjacent noise sensitive uses. Please be advised that once the Region is in receipt of a satisfactory Environmental Noise study, any accepted mitigation measures shall be implemented within the building through the site plan and building permit process and secured through registered development agreement with the Region of Waterloo through a future consent or condominium application. Corridor Planning: Official Plan Amendment and Zoning By-law Amendment Stage: Stormwater Management and Site Grading: The Site Servicing Feasibility Study entitled "Site Servicing Feasibility Study, Proposed Mixed Use Building Development" prepared by SBM , dated May 9, 2023, revision dated June 29, 2023, has been reviewed by Regional staff. The following comments relating to the study are provided at this time: Document Number: 4436461 Version: 1 Page 318 of 399 Water Service: Water service is proposed from a 600mm watermain on the north side of Charles Street. Please note that the 600mm watermain on the north side of the road is a Regional transmission watermain, and no services are permitted to be connected to this Regional transmission watermain. Therefore, City of Kitchener staff (water division) must confirm that the water service for the proposed development can connect to the City of Kitchener 300mm watermain, rather than the 600mm watermain. In addition, it is necessary to extend a lateral water and storm service connection under the ION (LRT) tracks (towards the west). These lateral connections must be directionally drilled, not open -cut. The Region must review and approve the servicing drawings for depth and potential conflict with LRT infrastructure. Storm Service: The report in notes that stormwater management quantity controls will be designed to attenuate the increase in storm flows from post to pre -development levels for the 5 to 100 -year storm flow (section 4.1 of the report). In addition, the report indicates that detailed stormwater management calculations and grading design will be prepared at the time of detailed design for Site Plan Approval (section 4.2 of the report). The report indicates that full retention of the storm flows generated from the increased building footprint might not be possible. Regional staff advise that the Regional storm system is designed to receive only the flows from the Regional right-of-way and is generally not sized to receive any flows from private development. The consultant must confirm that the Detailed SWM Report will be designed not to cause any additional storm flows than the existing flows from the subject lands. Furthermore, the report must include preliminary grading plans showing the areas and the approximate quantities of the storm flows under the existing conditions. In addition, final confirmation regarding how and to which of the existing storm sewers (existing 375mm and 2100mm) the storm connection from the proposed development will be connected. The report should provide the details of the existing storm service connections from the subject lands. Based on the above, the Region requires clarification on the water connection and storm flows within the Functional Servicing Report and the FSR is not acceptable at this stage (Official Plan Amendment and Zoning By-law Amendment stage). To address the region's concerns relating to the Site Servicing Feasibility Document Number: 4436461 Version: 1 Page 319 of 399 study, a holding provision is required. The required wording of the holding provision shall be: That a holding provision shall apply to the entirety of the subject lands until a detailed Site Servicing Study has been completed and implementation measures addressed to the satisfaction of the Regional Municipality of Waterloo. Please be advised that Regional approval is required at the site plan stage through a separate process of Municipal Consent. Regional Road Dedication: Through Regional Official Plan Amendment Number 5 (ROPA 5), Schedule `A' - "Designated Road Allowances", was updated and the road allowance widths and dedication requirements changed in this section of Charles Street East. Although the dedication of the roadway can be deferred to the site plan stage, a dedicated widening of approximately 3.5m (amended through ROPA 5) shall be required to comply with the designated road width for Charles Street of 30.Om as indicated in the Regional Official Plan. The exact road dedication must be determined by an Ontario Land Surveyor (OLS) with all plans being clearly labelled with the existing and future property lines. Please note that the concept plans submitted with the Official Plan Amendment and Zoning By-law Amendment application show an approximate dedication of 1.5m. The site plan must be updated to reflect the appropriate road dedication (approximately 3.5m) at this stage (Official Plan Amendment and Zoning By-law Amendment Stage). The concept plan shall be updated to reflect the in effect road widening as prescribed in Schedule A of the ROP available here: https://www.regionofwaterloo.ca/en/resources/U pdated-Schedule-A_August- 2021_ROPA-5.pdf. Please note that no encroachments into the Region's right-of-way shall be permitted. Further details regarding this matter can be found below. Site Plan Application Stage: Stormwater Management and Site Grading Pending approval of the Functional Servicing Feasibility Report, a Detailed Stormwater Management Report and Detailed Grading Plans shall be required for review and approval by the Region. Access Permit/TIS/Access Regulation: Please be advised that a Regional Road Access Permit shall be required for the closure of the existing access to Charles Street East with no cost for the permit to close the Document Number: 4436461 Version: 1 Page 320 of 399 existing access; however, the Owner/Applicant is responsible for all construction costs relating to the access closure. The application form for a Regional Road Access Permit can be found on the Region of Waterloo website https://www.regionofwaterloo.ca/en/doing-business/applications- licences-and-permits.asox. Regional Road Dedication: At this location, Charles Street East (Regional Road 64) has a designated road width of 30.Om between Cedar Street to Ottawa Street in accordance with Schedule 'A' of the Regional Official Plan (ROP). The existing Charles Street East right-of-way width varies at this location; however, a road dedication of approximately 3.5m is required along the Charles Street East frontage. Please be advised that the exact amount of road widening must be determined by an Ontario Land Surveyor (OLS) in consultation with the Regional Transportation Planner. The concept plans submitted with the application currently show an approximate road dedication of 1.5m, and this must be updated to show the exact amount of road dedication as indicated above. In addition, please be advised that no encroachment under, at or above the ground shall be permitted in the Regional road right-of-way. It is strongly advised that any walls or structures be designed accordingly, and any underground structures/foundations be located entirely on the subject lands (on private property) at an offset of 150mm (minimum) from the Regional property line. The applicant must engage an OLS to prepare a draft Reference Plan, which illustrates the required road widening on Charles Street East. Prior to registering the Reference Plan, the OLS shall submit a draft copy of the plan for review by the Transportation Planner. In addition, please be advised that the dedication shall be transferred at the Owner's expense, and be free of encumbrance. Transportation Demand Management (TDM): Regional staff are supportive of pursuing further parking reductions using ZBL 2019- 051, due to the site's proximity to an ION station. In addition, Regional staff generally support unbundled parking as an impactful TDM/Transit-Supportive measure for the site. Subsidized Transit Passes were listed in the report as a potential TDM measure, and Regional staff wish to advise the applicant that this initiative requires a commitment from the owner/applicant to manage, administer, and fund the full cost of monthly transit passes for residents. If this is to be considered by the Applicant, further Document Number: 4436461 Version: 1 Page 321 of 399 consultation and confirmation of expectations between all three parties (Applicant, City, Region (GRT)) is required as soon as possible. Car share was also included as a potential TDM measure. The most established car - sharing program in Waterloo Region is Communauto. Communauto offers unique programming to "launch" a car share vehicle through a business agreement with the property owner. The Applicant should contact Janet MacLeod at jmacleod(cD-communauto.ca to learn more about opportunities available locally. Transit Planning: The transit stops in close proximity to the subject property were recently improved through the construction of the ION. GRT does not currently plan any further upgrades to these stops. In addition, please note that there are no requirements for easements or stop amenities for the subject development. Regional Water Services Comments: Please be advised that no connection to the Region's watermain on Charlies Street East shall be permitted; therefore, a connection to local services shall be made. Regional Cultural Heritage comments: Please be advised that if archaeological resources are discovered during future development or site alteration of the subject property, the applicant will need to immediately cease alteration/development and contact the Ministry of Citizenship and Multiculturalism. If it is determined that additional investigation and reporting of the archaeological resources is needed, a licensed archaeologist will be required to conduct this field work in compliance with S. 48(a) of the Ontario Heritage Act. In addition, if human remains/or a grave site is discovered during development or site alteration of the subject property, the applicant will need to immediately cease alteration and must contact the proper authorities (police or coroner) and the Registrar at the Bereavement Authority of Ontario in Compliance with the Funeral, Burial and Cremation Services Act, 2002 S. 96 and associated Regulations. Housing Services The following Regional policies and initiatives support the development and maintenance of affordable housing: • Regional Strategic Plan • 10 -Year Housing and Homelessness Plan • Building Better Futures Framework • Region of Waterloo Official Plan Document Number: 4436461 Version: 1 Page 322 of 399 The Region supports the provision of a full range of housing options, including affordable housing. Should this development application move forward, staff recommend that the applicant consider providing a number of affordable (as defined in the Regional Official Plan) housing units on the site. Rent levels and house prices that are considered affordable according to the Regional Official Plan are provided below in the section on affordability. In order for affordable housing to fulfill its purpose of being affordable to those who require rents or purchase prices lower than the regular market provides, a mechanism should be in place to ensure the units remain affordable and establish income levels of the households who can rent or own the homes. Staff further recommend meeting with Housing Services to discuss the proposal in more detail and to explore opportunities for partnerships or programs and mechanisms to support a defined level of affordability. For the purposes of evaluating the affordability of an ownership unit, based on the definition in the Regional Official Plan, the purchase price is compared to the least expensive of: Housing for which the purchase price results in annual accommodation costs which do not exceed 30 percent of gross $385,500 annual household income for low and moderate income households Housing for which the purchase price is at least 10 percent below the average $576,347 purchase price of a resale unit in the regional market area 'Based on the most recent information available from the PPS Housing Tables (2021). In order for an owned unit to be deemed affordable, the maximum affordable house price is $385,500. 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 feast expensive of. A unit for which the rent does not exceed 30 per cent of the gross annual $1,470 household income for low and moderate income renter households Document Number: 4436461 Version: 1 Page 323 of 399 A unit for which the rent is at or below the Bachelor: $950 average market rent (AMR) in the 1 -Bedroom: $1,134 regional market area 2 -Bedroom: $1,356 3 -Bedroom: $1,538 4+ Bedroom: $3,997 "Based on the most recent information availahle from the PPS Hnncinn Tnhioc 19n91 In order for a rental unit to be deemed affordable, the average rent for the proposed units which have fewer than 3 bedrooms must be at or below the average market rent in the regional market area as shown above. For proposed units with three or more bedrooms, the average rent for the units must be below $1,470. Fees: Please be advised that the Region is in receipt of the Official Plan Amendment review fee of $7,000.00 and the Zoning By-law Amendment Review fee of $3,000.00 (total $10,000) received July 12, 2023. Follow Up: The Region requires an updated concept plans showing the correct road dedication of approximately 3.5m to ensure conformity with the Regional Official Plan. Conclusions: Once the above concerns relating to road dedication has been addressed, the following must be implemented within the Zoning By-law: That a Holding Provision apply to the entirety of the subject lands until a transportation, rail and stationary noise study is acceptance of the study and related implementation measures to the satisfaction of the Regional Municipality of Waterloo. The required wording for the holding provision is: That a holding provision shall apply to the entirety of the subject lands until a detailed transportation (road) and stationary noise study has been completed and implementation measures recommended to the satisfaction of the Regional Municipality of Waterloo. The detailed stationary noise study shall review the potential impacts of noise (e.g. HVAC systems) on the sensitive points of reception and the impacts of the development on adjacent noise sensitive uses. Document Number: 4436461 Version: 1 Page 324 of 399 2. That a holding provision apply to the entirety of the subject lands until a detailed Site Servicing Study has been submitted to the satisfaction of the Region. The required wording for the holding provision is: That a holding provision shall apply to the entirety of the subject lands until a detailed Site Servicing Study has been completed and implementation measures addressed to the satisfaction of the Regional Municipality of Waterloo. Next Steps: Please be advised that any future development on the lands subject to the above -noted application will be subject to the provisions of Regional Development Charge By-law 19- 037 or any successor thereof. Further, please accept this letter as our request for a copy of the decision pertaining to this application. Should you have any questions, please do not hesitate to contact me. Yours truly, iL�s�ti _n`��+ Melissa Mohr, MCIP, RPP Senior Planner C. MHBC Planning Inc. C/O Pierre Chauvin (Applicant), 332 Charles GP Inc. C/O Vive Developments (Owner) Document Number: 4436461 Version: 1 Page 325 of 399 Craig Dumart From: Brandon Coveney <planning@wrdsb.ca> Sent: Wednesday, June 14, 2023 5:50 PM To: Craig Dumart Cc: Christine Kompter Subject: Re: [Planning] Circulation for Comment - 332 Charles Street East (OPA/ZBA) You don't often get email from planning@wrdsb.ca. Learn why this is important June 14, 2023 Re: Circulation for Comment- 332 Charles Street East (OPA/ZBA) Municipality: Kitchener Location: 332 Charles Street East Owner/Applicant: 332 Charles GP Inc. Hi Craig, The Waterloo Region District School Board (WRDSB) has reviewed the above -noted application that proposes amendments in order to facilitate the construction of a 17 storey building including 163 residential units. The WRDSB offers the following comments. Student Accommodation At this time, the subject lands are within the boundaries of the following WRDSB schools: • Sheppard PS (Junior Kindergarten to Grade 6); • Courtland Avenue PS (Grade 7 to Grade 8); and • Cameron Heights Cl (Grade 9 to Grade 12). The WRDSB's 2020-2030 Long -Teras Accommodation Plan provides information on student enrolment and accommodation at these schools. Please be advised that accomodation pressures exist at Cameron Heights Cl and are projected to persist. Portable classrooms may be located on-site to provide additional capacity on an interim basis. Noise and Debris The proposed development is situated across the street from Cameron Heights Cl on Charles St E - roughly 90 meters from the main facility. The WRDSB asks that the appropriate debris containment and noise considerations are enacted to avoid negative school site impacts. Shadow Study The WRDSB has reviewed the completed shadow study included within the urban design brief to assess the impact of the proposed development on the Cameron Heights Cl school site and facilities. Based on the provided modelling, WRDSB does not have any concerns regarding the resultant shadows from the proposed development. Student Transportation 1 Page 326 of 399 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. Given the close proximity to a primary access point of Cameron Heights Cl, the WRDSB asks that construction related 'vehicle traffic on Charles St E be scheduled to avoid peak drop-off and pick-up times. If needed, WRDSB can provide bell times for consideration. 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, Brand®n C®veney Senior Planner Waterloo Region District School Board 51 Ardelt Avenue, Kitchener ON, N2C 2R5 Email: brandon coven ey a.wrdsb.ca On Wed, Jun 14, 2023 at 4:20 PM Christine Kompter <Christine. Kom pter2 kitchener.ca> wrote: Please see attached. Additional documentation can be found in AMANDA folders 23-113009 & 23-113013 (City staff) and ShareFile (external agencies). Comments or questions should be directed to Craig Dumart, Senior Planner (craig.dumart@kitchener.ca; 519-741-2200 x7073). Page 327 of 399 Craig Dumart From: Dave Seller Sent: Thursday, June 29, 2023 9:44 AM To: Craig Dumart Subject: OPA/ZBA comments: 332 Charles Street East City of Kitchener Application Type: Official Plan Amendment Application OPA23/010/C/CD Zoning By-law Amendment Application ZBA23/016/C/CD Project Address: 332 Charles Street East 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 As part of a complete Zoning By-law amendment application, a Transportation Impact and Parking Study was submitted (May 2023) by Paradigm Transportation Solutions Limited in support of this 0PA/Z13A application. Development proposal The applicant is proposing to develop a 17 -storey mixed use building with 163 apartment units and ground floor commercial space. The development is estimated to generate 33 AM and 46 PM peak hour vehicle trips. For a conservative approach, no trips reduction were applied to the site. The site will be serviced by one full moves access along Betzner Avenue South and a total of 65 parking spaces are being proposed. Intersection analysis The intersection below was analyzed under existing and future traffic conditions. ® King Street East & Betzner Avenue South - unsignalized Under 2023 existing traffic conditions, the AM and PM peak hour analysis indicated that the intersection is operating with acceptable levels of service and within capacity. Under 2031 future background traffic and 2031 future total traffic conditions, the AM and PM peak hour analysis indicated that the intersection is operating with acceptable levels of service, within capacity and no critical traffic movements. Left turn lane analysis A left turn lane analysis was completed along King Street East at Betzner Avenue South, utilizing the Ministry of Transportation (MTO) Design Supplement for TAC Geometric Design Guide for Canadian Roads. The analysis determined that under the 2031 future total traffic conditions, a left turn lane along King Street East is not warranted. Transportation Services supports Paradigms recommendation. Page 328 of 399 Transportation Demand Management (TDM) This development is well situated to take advantage of the existing alternative modes of transportation available in the area to reduce vehicle dependency. There are over 20 Grand River Transit (GRT) routes that are less than 500m from this development. The site also has access to ION 301 Kitchener Market and Borden Stations. These routes offer greater connectivity to a broader transit network throughout the Region of Waterloo and within Kitchener itself. The walkability for pedestrians accessing the site and surrounding area can easily be achieved, as sidewalks are provided on both sides of roadways in the surrounding area which provide connections to entertainment, employment and commercial uses. Car sharing is another option available that allows someone to rent a vehicle that is intended to substitute the ownership of a personal private vehicle. This makes vehicle use affordable for occasional use. There is a car sharing station located near the site at King Street East and Cameron Street. There is existing cycling in the area, as well as future cycling connections to the downtown cycling grid. To encourage cycling and take advantage of the cycling opportunities in the area, the applicant will be providing 82 Class A indoor secure bicycle parking spaces and 6 Class B outdoor bike parking spaces. Consideration be given to providing a portion of the Class A bicycle parking from within the units. Parking supply analysis Paradigms analysis indicates that other municipalities (Ottawa, Edmonton, London) have reduced their parking requirements when in proximity to Light Rail Transit, outside of the downtown core and within the downtown core. Based on this criteria and this developments location, a parking supply ranging from 0 to 84 parking spaces would be required. To assist with reducing the vehicle parking supply, parking spaces must be unbundled for the cost of a unit. Unbundled parking allows residents to only pay for parking that they need, rather than the cost being automatically included in the unit. On -street parking is available along King Street East, Betzner Avenue and Pandora Avenue should someone not be able to locate a visitor parking space on-site. Conclusion Based on the analysis and conclusions within the TIS, Transportation Services are of the opinion that this development will not negatively impact the surrounding road network. Also, based on the analysis and conclusions of zoning by-law requirements in other municipalities, parking demand forecasts, off-street parking supply, coupled with above TDM options, Transportation Services can support the proposed total parking supply of 65 spaces, of which, 52 are allocated for residents and 13 spaces for visitor parking. This equates to a parking ratio of 0.40 space per unit. 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.seller(a,kitchener.ca 2 Page 329 of 399 City of Kitchener Zone Change Comment Form 'Address: 332 Charles St E Owner: Application: OPA/ZBA Comments Of: Urban Design- Planning Commenter's Name: Pegah Fahimian Email: Pegah.fahimian@kitchener.ca Phone: 519-741-2200 Ext. 7342 Date of Comments: July 15, 2023 ❑ I plan to attend the meeting (questions/concerns/comments for discussion) �Vg/or % /o/o/ , LEI No meeting to be held / G� El do NOT plan to attend the meeting (no concerns) '%, '%„ 1. Documents Reviewed:, i 'o • Architectural Drawings by NEO Architects Inc. �'%j O • Shadow Study by NEO Architects Inc. �/ • Urban Design Brief- MHBC, May 2023 01% %�,, • Wind Study - Pedestrian Level Wind- Boundary Layer Wind Tunne`I%Laborato"ry 0 "0 wg/ 2. Site -Specific Comments & Issues: /�a I have reviewed the updated/revised documentatioh noted'13 w -that has been submitted in support of an OPA and ZBA to allow for a Floor Space Ratio (FSR) -of 8.8a:nd proposing a Zoning By-law Amendment b/„ /-/% to Zoning By-law 85-1 to add a Special Use Provision to'al ow for; a maximum floor space ratio of 8.8; a reduction in parking to 0.4 parking spa s e. r„dv✓ellin gunit with 8% of the required parkingas visitor parking; and to permit a rear yard building%setbackof 3 meters and stairwell setback of 0 meters. The proposed amendments will allow for the''deve-lopmeritof 17 multiple -dwelling residential buildings with a Floor Space Ratio of 8.8 with 163. residential units 65 vehicle parking spaces and 170 bicycle parking spaces. 3. Comments on,,Subrritt'ed Documents There are key design considerations that must be addressed through a redesign of the site to create a more functional litefq:r. residents and ensure the project fits in the context of the neighbourhood as detailed bekow // he,Citys Tall „Building Guidelines should be consulted to inform the revised design of the site with respect to the following: a. ;;Tower design Podium characteristics A City for Everyone Working Together— Growing Thoughtfully — Building Community Pa Page 4 330 of 399 City of Kitchener Zone Change Comment Form Planning Justification Report: MHBC Physical separation: The tall building design guidelines are an excellent compatibility test for proposals exceeding their zoning permissions. The proposal meets %76 of the required off-site separation. Podium Design: %i;",, p/, A • From the urban design standpoint and activation of the streetscape, we support keepingto podium at three or four storeys and redistributing some of the units from the proposed tower to° -the podium. The height of the podium should be proportional to the right -/f way width. The podium height is normally expected to be in a range of 4 to 6 storeys in order to achieve a`satisfactory human scale. • Contemporary architectural style and details are to be refinedIffiroughthie site plan process. The building facades facing Charles Street should contain -an ,a amount of detailing and articulation, particularly at the podium and tower,"Consider adding further architectural expression ;N1. ' .,i to the street -facing elevations; explore optionsImaximze in terest and expressiveness of exposed podium facades. This can include strategically incorporating public art and visual elements into the exposed facades. For the podium design along Chaflds;Street, you may utilize different digital art on the curtain wall with enhanced lighting toprovde further detailing and a distinguished design. Tower Design The tower should step back The proposed podium aloe' Amenity area 'se'a minimum of 3m along any street -facing elevations. reet should be broken down using enhanced detailing and ce calculations are contained in the Urban Design Manual and include two ral amenity area and one for children's play facilities in multiple residential (2m2 x #units) + (2.5m2 x #bedrooms - #units) = outdoor amenity space. ign Brief should include text and conceptual images that demonstrate the ent to providing sufficient and appropriate amenity space for all potential residents on site Wind assessment is required for outdoor amenities and the pedestrian realm. A City for Everyone Working Together— Growing Thoughtfully — Building Community Raft6OJ311 of 399 City of Kitchener Zone Change Comment Form Streetscape• • Details of the Streetscape are to be provided. Any Streetscape elements proposed are to be reviewed. • The area between the building's face and the property line should be well integrated with the street and public realm to deliver high-quality, seamless private, semi -private and public spaces. Shadow Studies, NEO Architecture Inc, P" A. %ice%Oi% The submitted study should indicate the date and months used for Shadow Analysisio,, ''%, �' %oj/� '%oo�oo/ 'AOR /O// Wind Study - Pedestrian Level Wind — Preliminary Impact Assessment��/ou:n� a`ry,Layer Wind Tunnel Laboratory report �,��% 441, o/I Vol o A further quantitative wind study coupled with a detailed wind'tunneil analysis will be required as part of the full site plan application package. Due to the siteeposVe <and"=the height of the proposed AP" " . development, wind speeds are expected to be higher than desired -around all building corners. � Mitigation measures that can help to reduce wind speeds arerecommended in the submitted wind study. " 1. A revised design proposal that addresses th.e: windmpacts outlined in the submitted wind study should be developed. , Oicuj 4. Comments on Submitted Qornents O/• to Architectural Floor plans- NEO Architecture Inc %i0/11 • For tall buildings with retail or other active uses at grade, provide a ground floor height of 4.5m 00 G. /i (minimum) to<permit"a'variety of retail types and activities. • The buflding;facades fronting Charles Street should contain an appropriate amount of glazing and rticulaton, particularly along the lower 5m where the building addresses the sidewalk. • The underground parking structure should have a sufficient setback from the property lines to accommodate the necessary soil volume to support required large-statured, high -canopy trees. • The location of residential and commercial garbage storage, loading area and Passenger pick up /drop-off area should be noted on the site plan. • The area between the building's face and the property line should be well integrated with the street and public realm to deliver high-quality, seamless private, semi -private and public spaces. • Provide natural surveillance by employing high percentages of glazing, active uses at ground level and incorporating more units with windows and balconies on the main facade with views onto the street A City for Everyone Working Together— Growing Thoughtfully — Building Community Pap3 of 4 age 332 of 399 City of Kitchener Zone Change Comment Form • The building's interface and relationship with the street and adjacent properties should be thoroughly explored. • 3 -bed units are desirable as they provide more living space for families. A higher percentage of these units might help with community engagement. • The proposed tower should have unique top features that are architecturally excellent, highly visible and makes a positive contribution to the image of Kitchener developing skyline. • Provide materiality and texture shifts at the podium and across the towers and incorporate variations in tower setbacks from the base to distinguish the tower form from the podium 0" . fr • Residential and commercial entrances should be clearly identified and offer access :am both the Ift, public realm and the private parking side of the building. The proposed main enhance will be/ further enhanced to create visual interest at the street edge. (for example, cantilevered entrance canopy, corrugated -metal panels and fritted glass. ��!%, ' • Balconies may be staggered in a creative pattern to lighten the structurelk provide private outdoor space for the units. MAI � ai • All utility locations, including the meter room and transformer rootfzto beshown on the layout. Building -mounted or ground-based AC units should be located a"/way from public view and fully screened. ro,,� • Wind assessment and shadow study is required for outdoor a`men"rt-i,es and the pedestrian realm. //��//// g/// /0' 000. RE 4/01 b Mar ;. l A City for Everyone Working Together — Growing Thoughtfully — Building Community PSS3 of 399 Craig Dumart From: Dave Seller Sent: Thursday, June 29, 2023 9:44 AM To: Craig Dumart Subject: OPA/ZBA comments: 332 Charles Street East City of Kitchener Application Type: Official Plan Amendment Application OPA23/010/C/CD Zoning By-law Amendment Application ZBA23/016/C/CD Project Address: 332 Charles Street East 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 As part of a complete Zoning By-law amendment application, a Transportation Impact and Parking Study was submitted (May 2023) by Paradigm Transportation Solutions Limited in support of this CPA/ZBA application. Development proposal The applicant is proposing to develop a 17 -storey mixed use building with 163 apartment units and ground floor commercial space. The development is estimated to generate 33 AM and 46 PM peak hour vehicle trips. For a conservative approach, no trips reduction were applied to the site. The site will be serviced by one full moves access along Betzner Avenue South and a total of 65 parking spaces are being proposed. Intersection analysis The intersection below was analyzed under existing and future traffic conditions ® King Street East & Betzner Avenue South - unsignalized . Under 2023 existing traffic conditions, the AM and PM peak hour analysis indicated that the intersection is operating with acceptable levels of service and within capacity. Under 2031 future background traffic and 2031 future total traffic conditions, the AM and PM peak hour analysis indicated that the intersection is operating with acceptable levels of service, within capacity and no critical traffic movements. Left turn lane analysis A left turn lane analysis was completed along King Street East at Betzner Avenue South, utilizing the Ministry of Transportation (MTO) Design Supplement for TAC Geometric Design Guide for Canadian Roads. The analysis determined that under the 2031 future total traffic conditions, a left turn lane along King Street East is not warranted. Transportation Services supports Paradigms recommendation. Page 334 of 399 Transportation Demand Management (TDM) This development is well situated to take advantage of the existing alternative modes of transportation available in the area to reduce vehicle dependency. There are over 20 Grand River Transit (GRT) routes that are less than 500m from this development. The site also has access to ION 301 Kitchener Market and Borden Stations. These routes offer greater connectivity to a broader transit network throughout the Region of Waterloo and within Kitchener itself. The walkability for pedestrians accessing the site and surrounding area can easily be achieved, as sidewalks are provided on both sides of roadways in the surrounding area which provide connections to entertainment, employment and commercial uses. Car sharing is another option available that allows someone to rent a vehicle that is intended to substitute the ownership of a personal private vehicle. This makes vehicle use affordable for occasional use. There is a car sharing station located near the site at King Street East and Cameron Street. There is existing cycling in the area, as well as future cycling connections to the downtown cycling grid. To encourage cycling and take advantage of the cycling opportunities in the area, the applicant will be providing 82 Class A indoor secure bicycle parking spaces and 6 Class B outdoor bike parking spaces. Consideration be given to providing a portion of the Class A bicycle parking from within the units. Parking supply analysis Paradigms analysis indicates that other municipalities (Ottawa, Edmonton, London) have reduced their parking requirements when in proximity to Light Rail Transit, outside of the downtown core and within the downtown core. Based on this criteria and this developments location, a parking supply ranging from 0 to 84 parking spaces would be required. To assist with reducing the vehicle parking supply, parking spaces must be unbundled for the cost of a unit. Unbundled parking allows residents to only pay for parking that they need, rather than the cost being automatically included in the unit. On -street parking is available along King Street East, Betzner Avenue and Pandora Avenue should someone not be able to locate a visitor parking space on-site. Conclusion Based on the analysis and conclusions within the TIS, Transportation Services are of the opinion that this development will not negatively impact the surrounding road network. Also, based on the analysis and conclusions of zoning by-law requirements in other municipalities, parking demand forecasts, off-street parking supply, coupled with above TDM options, Transportation Services can support the proposed total parking supply of 65 spaces, of which, 52 are allocated for residents and 13 spaces for visitor parking. This equates to a parking ratio of 0.40 space per unit. 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.seller&kitchener.ca Page 335 of 399 City of Kitchener Zone Change / Official Plan Amendment Comment Form Address: 332 Charles St E Owner: 332 Charles GP Inc Application: OPA23/010/C/CD and ZBA23/016/C/CD Comments Of: Parks and Cemeteries Commenter's Name: Lenore Ross Email: Lenore.ross@kitchener.ca Phone: 519-741-2200 ext 7427 Date of Comments: July 18 2023 ❑ 1 plan to attend the meeting (questions/concerns/comments for discussion) © No meeting to be held ❑ I do NOT plan to attend the meeting (no concerns) 1. Documents Reviewed: I have reviewed the documentation noted below submitted in support of an Official Plan Amendment and Zoning By-law Amendment to allow for the development of a 17 -storey multiple dwelling residential building with a Floor Space Ratio of 8.8 with 163 residential units, 65 vehicle parking spaces and 170 bicycle parking spaces. • Planning Justification Report • Wind Study • Urban Design Report • Concept Site Plan and Floor Plans • Noise Study • Arborist Report 2. Site Specific Comments & Issues: Parks and Cemeteries cannot support OPA23/010/C/CD and ZBA23/016/C/CD applications as submitted and revisions are required to the preliminary site layout, building design and relevant supporting documents (PJR, UDB, wind) to reflect required on-site active amenity spaces suitable for all ages. The proposed development is within the King East Planning Community and, as identified in Places and Spaces: An Open Space Strategy for Kitchener, this Planning Community is currently underserved with active neighbourhood park space; the proposed redevelopment will exacerbate this deficit. The development proposed does not include any on-site common amenity space either indoor or outdoor and only 44% of units have a usable private balcony or terrace space. The provision of on-site amenities and specifically common outdoor amenity space suitable to all ages, including children's play facilities, will be critical for future residents of the development and so that no adverse impacts are created for the existing neighbourhood. The preliminary site plan, building design, Planning Justification Report, Urban Design Brief and supporting technical studies such as the A City for Everyone Working Together— Growing Thoughtfully— Building Community Pae 1 of 2 FQe 336 of 399 City of Kitchener Zone Change / Official Plan Amendment Comment Form Wind and Shadow analyses, should be revised to reflect and accommodate sufficient and suitable on- site outdoor amenity spaces. Sufficient conceptual details should be provided in the UDB to guide detailed design at the site plan stage. In July 2022 an informal design charette meeting was held with City staff and the applicant's team. At this meeting Parks and Cemeteries indicated a concern with lack of outdoor amenity space shown on the preliminary concept plan and that active outdoor amenity space should be provided and the Planning Justification Report and/or Urban Design Brief should contain conceptual details for robust onsite amenity spaces. The design proposal that has been submitted in the formal OPA/ZBA application has not been revised to reflect required outdoor amenity spaces. 3. Policies, Standards and Resources: • Kitchener Official Plan • City of Kitchener Park Dedication Bylaw 2022-101 and Park Dedication Policy • City of Kitchener Development Manual • Cycling and Trails Master Plan (2020) • Chapter 690 of the current Property Maintenance By-law • Places & Spaces: An Open Space Strategy for Kitchener • Multi -Use Pathways & Trails Masterplan • Urban Design Manual 4. Anticipated Fees: Parkland Dedication The parkland dedication requirement for this submission is deferred and will be assessed at a future Site Plan Application. Parkland dedication will be assessed based on the land use class(es) and density approved through the OPA and ZBA and required as a condition of Site Plan Approval Parkland dedication is required for the application preferably as land within the Planning Community or 500m of the site. Dedication requirements are subject to the Parkland Dedication Policy and rates in effect. Please be advised that an updated Parkland Dedication Policy and By-law were approved by City of Kitchener Council on August 22 2022. This update includes but is not limited to changes to the classes of lands requiring Parkland Dedication, standard land assessment values for determining Parkland Dedication, Parkland Dedication exemption categories and transition provisions for in -progress applications. The Bylaw is under appeal. Further changes to the Bylaw may be required as a result of the Bill 23 — More Homes Built Faster Act. A City for Everyone Working Together — Growing Thoughtfully — Building Community P ecM7 of 399 City of Kitchener - Comment Form Project Address: 332 Charles Street East Application Type: OPA/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 19, 2023 Date of comments: July 19, 2023 1. Plans, Studies and/or Reports submitted and reviewed as part of a complete application• • Sustainability Statement, 332 Charles Street East, prepared by MHBC, dated May 19, 2023. 2. Comments & Issues: I have reviewed the supporting documentation (as listed above) to support a OPA/ZBA application proposing 163 residential units, as well as 180 m2 of commercial space, 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. Upon review of the supporting documentation, the Official Plan and Zoning Bylaw Amendments can be supported as several sustainable measures have been proposed or are being considered for the development. However, further clarification is needed as the development progresses through the building design process and more details become available, particularly clarifying the following: o Whether the building envelope (wall, roof, and window thermal performance) will be designed beyond OBC requirements o Whether the 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, will be considered The development considers or proposes several sustainable measures including: o The compact and efficient design of an underutilized lands o Individually metered units Page 338 of 399 o The use of low or no VOC paints and finishes to minimize air pollutants in interior materials o On-site waste management, including garbage, recycling, and compost o On-site secure bike parking promoting active transportation Potential items for consideration are: o Measures to incorporate net zero emissions or LEED standards o If further landscaped and/or green space can be incorporated o Roof design to support future Solar Panel installation o The use of low -flush toilets and low -flow shower heads o Electric vehicle parking spaces, fitted with re -charge stations 3. Policies, Standards and Resources: • Kitchener Official Plan Policy 7.C.4.5. The City will encourage and support, where feasible and appropriate, alternative energy systems, renewable energy systems and district energy in accordance with Section 7.C.6 to accommodate current and projected needs of energy consumption. • Kitchener Official Plan Policy 7.C.6.4. In areas of new development, the City will encourage orientation of streets and/or lot design/building design with optimum southerly exposures. Such orientation will optimize opportunities for active or passive solar space heating and water heating. • Kitchener Official Plan Policy 7.C.6.8. Development applications will be required to demonstrate, to the satisfaction of the City, energy is being conserved or low energy generated. • Kitchener Official Plan Policy 7.C.6.27. The City will encourage developments to incorporate the necessary infrastructure for district energy in the detailed engineering designs where the potential for implementing district energy exists. 4. Advice• ➢ As part of the Kitchener Great Places Award program every several years there is a Sustainable Development category. Also, there are community-based programs to help with and celebrate and recognize businesses and sustainable development stewards (Regional Sustainability Initiative - http://www.sustainablewaterlooregion.ca/our-programs/regional-sustainability- initiative and TravelWise - http://www.sustainablewaterlooregion.ca/our-programs/travelwise). ➢ The 'Sustainability Statement Terms of Reference' can be found on the City's website under 'Planning Resources' at ... https://www.kitchener.ca/SustainabilityStatement Page 339 of 399 THE 625 KING CORPORATION PROPERTY MANAGEMENT June 22, 2023 DELIVERED BY EMAIL TO: craig.dumart@kitchener.ca City of Kitchener Planning Division 200 King St. W., 6th Floor P.O. Box 1118 Kitchener, ON N2G 4G7 Attention: Craig Dumart, Senior Planner Dear Mr. Dumart: Re: 332 Charles Street East, Kitchener Please be advised that we are the owner of the property immediatelv adiacent to 332 Charles Street East being the parking lot area of the professional building Please make a note to advise our office of all communications relating to this planning proposal, including the date of any meetings and any decisions made. This correspondence is to advise the City of Kitchener that it is the intention of The Corporation to erect a high rise multi -residential building on the property currently be utilized as a parking lot for r. This fact should be kept in mind by planning staff, considering the size and location of the proposed building at 332 Charles Street East. All communications with regard to this application may be sent by email to ksherman@sherman- law.com. Y L. KLS/ak CORPORATION Page 340 of 399 Craig Dumart From: Benji Wales Sent: Wednesday, July 19, 2023 11:19 PM To: Craig Dumart Subject: 332 Charles St E and Betzner Ave S thoughts, concerns, and some kudos Attachments: Betzner Ave S - Evening street parking full jpg; Betzner Ave N - Evening street parking full jpg Hi Craig, live on Betzner North close to the subject lands on Betzner South. I have also been keeping in touch with recent developments in the downtown core. Below are some thoughts on this particular proposal that I hope the city and developers will consider. Most critically, I would like to emphasize the point raised in the Staff Meeting notes for the 201-206 Duke St development: "Through Places and Spaces — Parks Strategic Plan, the King East Planning Community has been assessed as a " Critical" priority to pursue physical land dedication through Planning applications to address the shortfall in planned active park space within the community'. The proposed development will house new residents who will move in more underserved for parkspace than current and past residents. This is not right. I understand the new constraints on the city imposed by Bill 23 and that any particular development is not responsible for the park amenities of the community. Still, something has to be done to curb this ill -directed path. Please, if you can, lobby at the provincial level to recalibrate policies that allow for park development that is proportional with residency growth. Lastly (or not so lastly), here are my thoughts on the development proposal: 1. Unit sizes a. Pleasantly surprised to see reasonably sized units! Some of the single bedrooms are on the small side, but largely this is an improvement above the trends we have seen recently. b. I am still disappointed that this development is keeping with the recent tradition of excluding families from the downtown core by not offering 3+ bedroom units or planning institutional space for family amenities. Although a 2 bedroom unit technically meets the minimum requirement for suitable housing for a single child family, it does not meet the requirement for two+ children of different sexes or multi -generational families. And it definitely doesn't meet a comfortable level if one needs an at-home office space, a play space, a hobby space, or any other small space families find they need. 2. Walkway cut -through from Charles to King via Betzner South a. Looking at the site plan, I can imagine that residents and passersby will want to cut through the property from Charles to King. Currently there is an incomplete fence around which you can find a lot of foot traffic (including from myself). If possible, I'd like to see the property plan to accommodate that expected foot traffic from the new residents and community members at large. 3. Guest parking space a. The guest parking space is much more than what was proposed at 201-206 Duke St (13, compared with 0 visitor spaces). This is great. Despite being in the MTSA, guests (friends, family, service providers, etc) don't necessarily travel by public transport. As a local, I will say that the publicly available guest parking spaces on roads are currently all filled up! Attached are photos from tonight, after working hours, showing street parking all filled up. So, I hope the developers have included guest parking buffer in their parking budgets. b. Additionally, as someone who has lived in apartments, I will say that short term guest parking is really appreciated when it is easily accessible and doesn't require a gate, or gate code. Critically, with the rise of delivery services, those cars need a convenient stopping location that Page 341 of 399 doesn't clog up Charles St or Betzner S. I hope the city or the developers plan spaces to avoid those "emergency light stops" in those tight corridors. 4. Bicycle space a. 164 bike parking spaces is excellent. I'm very happy to see this. Kudos, 5. Green space for these residents. a. The urban design brief calls out 2 parks and 1 trail as local park amenities. It is worth noting that those 3 spaces are located in the Cedar Hill area and the further Mill Courtland Woodside area, not the King Street East area where the subject property exists. b. Kaufman Park is under developed and, speaking only from my perspective, perceived as school grounds. This makes it less attractive to visit, especially during school hours. Perhaps the city could revitalize this park to make it more attractive to a larger group of community members. c. Sandhills park is a nice park, also somewhat underdeveloped. The physical Cedar Hill barrier though makes getting to it unattractive for the pedestrian. d. Being close to the Iron Horse trail is great, but it is not a park. Also the access to the Iron Horse is via a dangerously fast section of Sterling. Perhaps the city could prioritize revitalizing that sidewalk and bike line with someone more tree -lined and safer -feeling. e. None of these park spaces are well connected. Le. you wouldn't wander into either of the parks on your way to any private or public amenity. I think that's a great quality in a local park: you can pair it with other activities. Another local park between the subject property and the downtown core would provide that "on the way beauty" everyone loves in a city. 6. Somehow less tree canopy. a. Although the current site occupies little to interest the local pedestrian, it is home to several trees. These are great to look at from any distance and can provide some pleasant shade. This last point is critical because the Charles St corridor, with its rail line, is a wide, grey, homogenous desert. It is not pleasant to walk along and will become more so that way once the Charles' side of the Drewlo buildings is complete and this development's 2 story parking structure is complete. I think the future residents would appreciate space for some form of greenery along the main MTSA artery where they are encouraged to walk, specifically along Charles St. 7. Building size a. I just don't understand why we can't have more Betzner Brownstones. Maybe not the greatest density, but there must be some compromise between those rowhomes and another plain 17 story building. The Betzner Brownstones are architecturally interesting, offer density, they even have a blooming tree canopy for locals using the sidewalk. Someone found a way to profit from those lands while decidedly improving the experience of people who moved -in and move through the city. 8. Commercial space requirements a. I have a hard time evaluating the potential of commercial space. Of course, I'm eager for more commercial and institutional space downtown. On the other hand, I understand there is currently a lot of unused commercial space. Part of that unused space I'm sure is due to the new era of remote work; but part of that may also be unsuitable commercial space. My concern is vague so I will frame it in two questions to the city and developers: (1) Do these commercial spaces provide the necessary space, infrastructure, access to external services such as delivery, to support food services (take-out, cafe, or eat -in)? (2) In planning these two commercial spaces, what types of businesses did the developers consider as guardrails or requirements for design constraints? As usual, thanks for reading, Craig. I can't attend the meeting on the 20th due to an earlier engagement. I hope the city and the developers can work together to address some of these concerns. Best, -Benji Page 342 of 399 Craig Dumart From: Sylvie Eastman Sent: Thursday, June 22, 2023 9:21 AM To: Craig Dumart; David Paetz Subject: 332 Charles St E Hi Craig. I live at ind got an invitation to a neighbourhood meeting for this development. Some of these comments are related to City utilities and some are related to me personally as a neighbour. Comments from City perspective: 1. Gas Servicing. David, this will be a 17 story 163 dwelling unit building. I don't imagine anyone has reached out yet about gas servicing? There is a 50mm gas main on Betzner, will this be sufficient capacity or do we need to upsize to 100mm to accommodate the load? In which case we would also have to replace the service to 310 Charles. 2. Storm Sewer. I assume you are aware there is a storm sewer cutting through this property that would have to be replaced? Shoring. I assume there will be a multi-level parking garage that would require deep shoring with tie -backs. The developer will have to submit a shoring plan/profile showing tie -backs to confirm no conflict with existing utilities. In general there should not be any tie -back within 1m of a pipe. Comments from neighbour perspective: 1. Do you know when construction will start and anticipated duration? I assume the working hours will be 7am- 7pm weekdays. What about weekends? 2. Is there any information about how this will impact sunlight? I was planning to get rooftop solar panels, but no sense in proceeding with this if the sunlight will be significantly diminished. And this will also impact my gardening. 3. 1 see there are 163 dwelling units, doesn't say how many bedrooms/residents but if we assume they are all 1 bedroom maybe this would be 180-280 people. I understand you are pushing for fewer cars in close proximity to the LRT so if only half of the people have cars this would be about 90-140 cars. There will be 65 parking spaces so maybe 25-200 additional cars will require on -street parking? This is a big range so I strongly recommend you get more information from the developer about anticipated occupancy and also see what the parking trends are for other recent multi -residential developments in Kitchener to narrow this down. I don't think comparing it to other cities like Toronto, Vancouver or European cities is a good idea because Kitchener has historically been very car -centric and I think it would be a mistake to assume people will change their habits significantly in the short term. On -street parking will likely present a few problems. a. I know from personal experience that garbage is not picked up if there are cars parked in front of a house — living at the end of the street people frequently park in front of my house for King St businesses and I have rarely had my garbage picked up in the 20+ years I have lived here —this hasn't been a huge inconvenience for me because neither I nor my upstairs tenant generate a lot of garbage and we just take it to work or put it in other garbage cans. However, if a substantial portion of the neighbourhood loses garbage collection this will be a much bigger deal. Have you spoken with the Region about this, as they are in charge of garbage collection? b. During the winter the streets won't be able to be plowed if there are vehicles parked on the street. I know vehicles are not supposed to be parked on City streets overnight during the winter but realistically we all know that still happens. Have you spoken to Ops about how they will handle this? Will they just not plow those streets, and if so how will you deal with emergency access and probably resident complaints about being stuck? Will they tow the vehicles, and if so how will they do that if there is a lot of snow and the tow trucks can't access the street? Will you work with bylaw to ticket throughout the winter to deter people from on -street parking, and if so is there anywhere else they can park? Page 343 of 399 Thanks, Sylvie Sylvie Eastman, P.Eng. (SIL -vee EEST-man, Ms/she/her) Utilities Engineer I Kitchener Utilities I City of Kitchener 519-741-2600 x4178 I TTY 1-866-969-9994 1 sylvie.eastmanCaOkitchener ca The City of Kitchener is situated upon the traditional territories of the Neutral, Anishinaabeg and Haudenosaunee Peoples. We extend our respect to all First Nations, Metis and Inuit peoples for their past and present contributions to this land. We also recognize and respect the cultural diversity that First Nations, Metis and Inuit bring to the City of Kitchener. CONNECT WITH US: kitchener.ca I kitchenerutilities.ca I facebook I twittery youtubel flickr Page 344 of 399 Staff Report J IKgc.;i' r� R Chief Administrator's Office www.kitchener.ca REPORT TO: Planning and Strategic Initiatives Committee DATE OF MEETING: September 18, 2023 SUBMITTED BY: Kathryn Dever, Director of Strategy and Corporate Performance 519-741-2200 ext. 7370 PREPARED BY: Justin Watkins, Manager of Corporate Planning, 519-741-2200 ext. 7203 WARD(S) INVOLVED: ALL DATE OF REPORT: August 25, 2023 REPORT NO.: CAO -2023-389 SUBJECT: 2023 Business Plan — August Progress Report RECOMMENDATION: For information. REPORT HIGHLIGHTS: • The purpose of this report is to present the 2023 Business Plan Progress Report as of August 31, 2023, consisting of 29 projects in total (Attachment A). • Since the April update, one strategic plan action has been completed and all remaining six 2019-2022 Strategic Plan actions remain on track to meet expected completion dates. • Of the 16 business plan projects endorsed for 2023, one is completed, 13 are on track to meet expected completion dates, one is delayed and one has not started. • There are no financial implications arising from this report. • Community engagement included posting this report to the City's website with the agenda in advance of the committee meeting. • This report supports the achievement of the City's strategic vision. BACKGROUND: The 2019-2022 Strategic Plan included measurable, specific actions with a timeline for completion, and a commitment to measure and report on progress to Council and the public throughout the life of the plan. The annual business plan includes strategic plan actions and other high priority business plan projects identified by Council and staff, and progress is reported three times per year. REPORT: Status of Ongoing Strateqic Plan Actions As illustrated below, one action in the 2019-2022 Strategic Plan has been completed during this update period, and all remaining six actions are on track to meet expected completion dates, as *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 345 of 399 of August 31, 2023. The action completed during this reporting period was the Pedestrian -first Streets. Of the remaining six actions, five will be complete by the end of 2023. The remaining two actions — Protected Cycling Network; and Open Space Strategy + Equitable Facility Distribution — will be completed in 2024 and 2025 respectively, as previously reported. All full summary of strategic actions and status updates can be found in Attachment A. KI IM µw IV "IU E R ', S s o•,Ul "R' A, • r" IAF 'tnm„i'"� IU. P LA, C:OMOP^V.[T[D VC) IN PR0(.,R[5S J 0 r 1. n_ ° Bikeshare program Protected kN Cycling network. 4DEnergy Efficiency Poeserve Fund Community Climate ° Action Plan accelerator network ' o Make it Kitchener 2. Q Strategy Equity, Diversity & Multi -fang wage Inclusion Strategy ° interpretation support ° r Affordable ° Customer Housing Strategy satisfaction program Reduce social ° Online customer ° r stigmas service portal Cycling and'rmils Sustainable Urban Cityproperty pe p gy Set and communicate Y g Q��, CiOpen Space Strategy + Forestry Strategy - u ��Q r MasterPlan— euurymfuum� r u reviewr property Equitable ble facility service levels connectivity and Yree, canopy +'tree � �,�Ilpppppp winter maintenance planting tomarketdistribution Pedestrian -first Waste Diversion ��� Develop a vision for �� Arts and Culture Customer r streets ' Strategy i Dad, and i Bra rn rn 11, Plan o experience program Yard, and Civic d District Master Plans August 2023 Update Status of Business Plan Projects The 2023 business plan was endorsed in January of this year and consists of 16 projects. As of August 31, one has been completed (E -invoices for Miscellaneous Receivables), 13 projects are on track to meet expected completion dates, one project is delayed until 2024 (Implementation of Significant Parks Projects) and one has not been started (Concur Invoice Automation). All full summary of business plan projects and status updates can be found in Attachment A. STRATEGIC PLAN ALIGNMENT: This report supports the achievement of the City's strategic vision. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. Page 346 of 399 Caring Great Customer Community Service accelerator network ' o Make it Kitchener 2. Q Strategy Equity, Diversity & Multi -fang wage Inclusion Strategy ° interpretation support ° r Affordable ° Customer Housing Strategy satisfaction program Reduce social ° Online customer ° r stigmas service portal Cycling and'rmils Sustainable Urban Cityproperty pe p gy Set and communicate Y g Q��, CiOpen Space Strategy + Forestry Strategy - u ��Q r MasterPlan— euurymfuum� r u reviewr property Equitable ble facility service levels connectivity and Yree, canopy +'tree � �,�Ilpppppp winter maintenance planting tomarketdistribution Pedestrian -first Waste Diversion ��� Develop a vision for �� Arts and Culture Customer r streets ' Strategy i Dad, and i Bra rn rn 11, Plan o experience program Yard, and Civic d District Master Plans August 2023 Update Status of Business Plan Projects The 2023 business plan was endorsed in January of this year and consists of 16 projects. As of August 31, one has been completed (E -invoices for Miscellaneous Receivables), 13 projects are on track to meet expected completion dates, one project is delayed until 2024 (Implementation of Significant Parks Projects) and one has not been started (Concur Invoice Automation). All full summary of business plan projects and status updates can be found in Attachment A. STRATEGIC PLAN ALIGNMENT: This report supports the achievement of the City's strategic vision. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. Page 346 of 399 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: CAO -2023-020 2022 Business Plan Year -End Progress Report and Recommended 2023 Business Plan Project List CAO -2023-231 2023 Business Plan — April Progress Report APPROVED BY: Dan Chapman, CAO ATTACHMENTS: Attachment A — 2023 Business Plan Progress Report as of August 31, 2023 Page 347 of 399 M N O N M 40 IA 7 UA 7 a O IA m i O Q. E�di 1= N L Wo O L- m m : N IA .A �m W M N O N X a EO v 0 Q F- 0 0 V Ln N O N M N O N N O U C a u m L L m a 1.4 0 0 L {n L � N W U � C (/i ate+ ° O o *5 c L OO 0.0 m N T +J O�-' O N N O U L 2� w V) v N i Y O N vO Q N qq C l6 •� C — -0 O 0 CL U1 v N N v m lo Cl N N ro p N N i QO E E — p�U,p C E Ln O_ p C 0 co C p C U O U C (6 (6 VLn (LO �+ c+ N C C T (U _0 O O p O 'O +, Y v cu ° 2 Ln o U C vl C +�.' 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E L •c a) L ra > +.� a) O m E E �} a) V1 a) a) > E a' ra (a O U r6 aJ [6 L '� O rE y U a) L E 01 L o-0 aU) C > o N cm: p L-0 CL U Ln d H> Ln d U sz M � N ri ri ri °i rn w M O LO co .0 3\ s 2 = cl \ 0 \ -r- / E [ § g c « & » G / CL \ ƒ 2 ( / ± E LU ¥ c CL 0 % 2 \ >- _ m 2 \ 2 § = @ G / 7 \ \ } E / \ \ % 7 w m C M e / ® > = �.¥ ° 2 u o ° \ \ ° } ° � _ =7x 0- � = � _. } _ 2 $ ® \ % 0 ƒ 7 � « = o ») = _ \ 0 \ � \ 0 ® e E 0 5 m= k c y i a c c E u u z t z- * u m, r# - \ 2-0 / i ± % \ \ ( E 2\ u 0 2 c 7 z> 0 g 2� / \ / \ / \ / C:° � % uo / EO E/ -0 2 \a) ® o > ® & > a 0 S = m 7 a\- 3/\ 6 u k ® / m k \ % / \ $ m m 0 / 3//& o 5 2 a e= 3 m e a= 3 / / 4 % § g / 0 3 2 2 # E / a 0 = k 7 > 5 § § \ E k 7 CL - m = c z t % 2 2 w{ S 3 « 2 \ y 2 m / © I e { m m \ (k / - 0 a a/ / 0 , u » \ \ / _ 0 m » 2- c w f \ _ # > a { § / / \ { 2 / E 7 7 t 2 s E m 2 m 2 = c 0 ®g & E § 2 / E g -W \ > � \ 3 co 0 rl- LO q Q 0) E 0- Staff Report J IKgc.;i' r� R Development Services Department www.kitchener.ca REPORT TO: Planning and Strategic Initiatives Committee DATE OF MEETING: September 18, 2023 SUBMITTED BY: Rosa Bustamante, Director of Planning, 519-741-2200 ext. 7319 PREPARED BY: Natalie Goss, Manager Policy & Research, 519-741-2200 ext. 7648 Janine Oosterveld, Manager Customer Experience & Project Management, 519-741-2200 ext. 7076 Garett Stevenson, Manager of Development Review, 519-741-2200 ext. 7070 WARD(S) INVOLVED: ALL DATE OF REPORT: September 6, 2023 REPORT NO.: DSD -2023-401 SUBJECT: Planning Division - Significant Planning Applications, Policy Projects, Affordable Housing Projects, and Housing Pledge Update RECOMMENDATION: For information. REPORT HIGHLIGHTS: The purpose of this report is to provide an update of significant development applications, policy projects, affordable housing projects and significant streamlining projects as well as our housing pledge update. Not all work that is currently being undertaken by the Planning Division is captured in this report, rather a snapshot of significant work is captured. Planning staff provide a quarterly update report every March, June, September, and December of each year of all current significant development applications. It is important to be providing greater transparency on significant development applications with the community and Council. The key findings of this report include: o Since signing the Housing Pledge in March 2023, Kitchener Council has approved Official Plan Amendment and/or Zoning By-law Amendment applications for projects which propose 9359 dwelling units, Planning staff have issued final site plan approval for 2790 dwelling units, and building staff have issued building permits for 1073 dwelling units. o Significant progress has been made on several major planning policy projects in 2023. Community Engagement has occurred on several projects including Growing Together, Inclusionary Zoning. Lower Doon Land Use Implementation Study, and the Downtown Vision. Work on the Missing Middle and Affordable Housing Study has been completed as well as phase 1 of the Tree Conservation Tools Review. o Since the beginning of 2023, Kitchener's affordable housing incentives have supported six projects which will total 179 new affordable housing units. o Extensive work continues to streamline development approvals, meet provincially mandated timelines and support excellent customer service including a public portal for development applications, an online booking system for planning meetings, and *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 358 of 399 establishing procedures to implement the delegating the removal of holding provisions and other minor amendments to the Director of Planning. There are no financial implications with this report. Community engagement is undertaken for each development application and project, which varies for each. • This report supports the delivery of core services. REPORT: Since December of 2021, Planning staff have provided a quarterly update report every March, June, September, and December of all current significant development applications. This report, and future quarterly reports, will also include the following: • Progress and next steps for major planning policy projects; • A summary of development applications that include affordable housing; • Updates on significant development review process improvements; • Housing Pledge reporting - Development application data required to be reported under a new Provincial regulation — Ontario Regulation 73/23 — Municipal Planning Data Reporting. It is important to be providing greater transparency on significant development applications with the community and Council. Attached to this report, the Significant Planning Applications Quarterly Report (Q3 2023) provides a summary of the current Planning applications under review at the time of the preparation of this report (Appendix A). The current significant development applications section includes Subdivision, Official Plan Amendment, and Zoning By-law Amendments that have not received final approval. These are the bulk of the applications that Planning staff consult with the community on an application specific basis. Significant development applications include property specific proposals as well as new greenfield communities (subdivisions). Additional details on the development applications can be found using the online mapping tool available at www.kitchener.ca/planningapplications. There are currently 16 planning policy projects underway or that have been recently completed spanning a wide range of topics. These include: • Comprehensive Zoning By-law Review • Housing for All implementation • Enabling Missing Middle and Affordable Housing Study • Official Plan review • Review of Provincial legislation, policies and plans • Rental Housing, Eviction and Displacement Study • Tree Conservation Tools Review • Urban Design Manual Review • Hidden Valley Secondary Plan • Growing Together (Major Transit Station Area) Planning Framework review — West MTSAs and East MTSAs • Lower Doon Land Use Implementation Study • Dundee North Secondary Plan • Belmont Village Urban Corridor Study • Downtown Kitchener Vision • Inclusionary Zoning • District Energy Business Case Appendix B provides a description of each project, current status, next steps, and target completion. Page 359 of 399 With a strong focus on the housing crisis, this report also includes a summary of 2023 current projects that include affordable housing that are either under review or received approvals this year to start construction. To address provincial directives, streamline development approvals and support excellent customer service, the report also provides an update on significant process improvements underway in 2023 (Appendix C). As part of the More Homes for Everyone Act, 2022 (Bill 109), the Planning Act was amended to give the Minister of Municipal Affairs and Housing the authority to require municipalities to report information on planning matters (Section 64). On April 6 2023, the Province implemented Ontario Regulation 73/23 - Municipal Planning Data Reporting. The regulation applies to Ontario's largest and fastest-growing municipalities (listed under Schedule 1 of the regulation), including the City of Kitchener. The City of Kitchener is required, under this regulation, to report development application information on a quarterly basis (as per Schedule 2 of the regulation) and additional information on an annual basis (as per Schedule 3 of the regulation). Development application data to be reported quarterly for Official Plan Amendments, Zoning By-law Amendments, Site Plan Applications, Minor Variances, Land Severances (Consents), Plan of Subdivisions, Plan of Condominiums, Community Infrastructure and Housing Accelerator Orders, and Minister's Zoning Orders includes: application identifiers (application ID and address); application details as applicable (date application submitted, date application deemed complete, application status, date of decision, date of adoption/passing, date of registration, number of new residential units if registered); heritage information for the subject property as applicable (listed under section 27 (3) of the Ontario Heritage Act, designated to be of cultural heritage value or interest, subject to easement or covenant under section 37 of the Ontario Heritage Act, within a heritage conservation district area); and, appeal information if applicable (third party appeal, type of appeal, date of appeal, date of appeal decision). The City's quarterly report data includes the following development application types: • Official Plan Amendments, • Zoning By-law Amendments, • Site Plan Applications, • Minor Variances, • Land Severances (Consents), • Plan of Subdivisions, • Plan of Condominiums, • Community Infrastructure and Housing Accelerator Orders, and • Minister's Zoning Orders The report data must include the following: • application identifiers (application ID and address); • application details, as applicable (date application submitted, date application deemed complete, application status, date of decision, date of adoption/passing, date of registration, number of new residential units if registered); • heritage information for the subject property as applicable (listed under section 27 (3) of the Ontario Heritage Act, designated to be of cultural heritage value or interest, subject to easement or covenant under section 37 of the Ontario Heritage Act, within a heritage conservation district area); and, • appeal information if applicable (third party appeal, type of appeal, date of appeal, date of appeal decision). Additional planning information to be reported annually includes geospatial data for: areas identified as strategic growth areas; areas subject to intensification targets; employment areas and Page 360 of 399 employment area conversions; major transit station area boundaries; and, settlement area boundaries. The data gathered by the Province can be used to measure progress towards various Housing Supply Action Plan commitments and will also provide the information needed to support informed, evidence-based decisions around housing and planning policy. The regulation also complements the Province's initiative of developing standards and achieving consistency for exchange of data required for development applications. The Province has prepared additional guidance material, including a detailed user guide and sample templates to support municipalities with the reporting requirements. The format of submissions include structured tables (for quarterly reporting) and machine-readable geospatial data (for annual reporting). The City of Kitchener has submitted quarterly development application data to the Province for Q1 (from January 1 to March 31, 2023) and Q2 (from April 1 to June 31, 2023). The Q1 and Q2 quarterly planning data reports to the Province are attached to this report. 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. CONSULT — Significant development application specific engagements are undertaken for Official Plan Amendment, Zoning By-law, and Subdivision applications. Engagement includes mailing postcards to property owners and occupants of all buildings within 240 metres of the subject lands, publishing a newspaper notice when the application is first circulated and when the statutory public meeting is scheduled, as well as informal community meetings including Neighbourhood Meetings and/or site walks. A large plain language sign is also posted on the property. For planning policy projects, community engagement plans are developed and implemented to ensure fulsome, tailored engagement occurs early and throughout each project at a level commensurate with the scope of the project. PREVIOUS REPORTS/AUTHORITIES: There are no previous reports/authorities related to this matter. APPROVED BY: Justin Readman — General Manager, Development Services ATTACHMENTS: Attachment A — Significant Planning Applications Quarterly Report (Q3 2023) Attachment B — Significant Policy Projects (Q3 2023) Attachment C — Affordable Housing and Significant Streamlining Projects (Q3 2023) Attachment D — Provincial O.Reg 73/23 Q1 and Q2 Quarterly Planning Data Reports Page 361 of 399 Attachment A — Significant Planning Applications Quarterly Report (Q3 2023) Current Significant Development Applications Subdivision (SA), Official Plan Amendment (OPA), Zoning By-law Amendment (ZBA) WARD 1 104 WOOLWICH ST Proposal: Two 3.5 -storey multiple dwellings (stacked townhouses) with 24 dwelling units each (total of 48 dwelling units). File Number: OP18/007/W/AP Description: The owner is requesting a Site -Specific Policy to allow an FSR of up to 0.9. Application Type: OPA Status: This application has been circulated and Planning staff are accepting and reviewing comments. File Number: ZBA18/009/W/AP Description: The owner is requesting to change the zoning from Agricultural (A-1) to Residential Six Zone (R-6) along with a Site Specific Provisions to: a) reduce the minimum front yard from 4.5 metres to 1.0 metres, b) eliminate the requirement for Private Patio Areas for at -grade dwelling units, c) increase the maximum Floor Space Ratio from 0.6 to 0.9, and d) reduce the required parking from 1.75 spaces per unit to 1.2 spaces per unit. Application Type: ZBA Status: This application has been circulated and Planning staff are accepting and reviewing comments. Staff Contact: Andrew Pinnell Neighbourhood Meeting Date: TBD Owner: 1238455 ONTARIO LIMITED Applicant: GSP GROUP INC Update Since Last Quarterly Report: Planning Staff and the Applicant are considering input provided through the initial circulation. 26 STANLEY AVENUE & 31 SCHWEITZER STREET Proposal: The Site is proposed to be developed with a residential subdivision consisting of 42 single detached dwelling lots, 12 semi-detached dwelling lots (total of 24 dwellings) and a 5 -unit street -townhouse block totaling 71 residential units. The Proposed Development will be accessed by a future municipal road connecting to Stanley Avenue. File Number: 30T-21201 Description: A residential plan of subdivision consisting of single detached dwellings, semi-detached dwellings, and townhouse dwellings, totaling 72 units. Application Type: SA Status: This application has been circulated and Planning staff are accepting and reviewing comments. File Number: ZBA21/19/S/BB Description: To rezone the Site from Residential Four (R-4) and Residential Five (R-5) to the Low Rise Residential Five (RES -5) Zone with a Site -Specific Provision to permit a maximum building height of 12.5 metres. Application Type: ZBA Status: This application has been circulated and Planning staff are accepting and reviewing comments. Staff Contact: Brian Bateman Neighbourhood Meeting Date: May 31, 2022. Owner: Newo Holdings Limited Applicant: GSP Group Inc. Update Since Last Quarterly Report: A Neighbourhood Meeting was held on May 31, 2022 and Planning Staff and the Applicant are considering input provided at the Neighbourhood Meeting. Page 362 of 399 WARD 2 2934 King Street East Proposal: An 11 -storey mixed use building containing 77 dwelling units and approximately 800M2 of ground floor commercial space. A Floor Space Ratio (FSR) of 2.52 is proposed. 157 parking spaces are proposed within 2 underground parking levels. File Number: OPA23/005/K/ES Description: The applicant is proposing a site-specific policy area to permit a maximum Floor Space Ratio FSR of 2.52. Application Type: OPA Status: This application has been circulated and Planning staff are accepting and reviewing comments. File Number: ZBA23/009/K/ES Description: The applicant is proposing to add a site-specific provision to the existing `General Commercial Zone (COM -2)' zoning on site for increase in Floor Space Ratio to 2.52, yard setbacks, building height, parking location and maximum, and visibility triangles. Application Type: ZBA Status: This application has been circulated and Planning staff are accepting and reviewing comments. Staff Contact: Eric Schneider Neighbourhood Meeting Date: August 24, 2023 Owner: 2748244 Ontario Inc. Applicant: Evans Planning Update Since Last Quarterly Report: This application has been circulated and Planning staff are accepting and reviewing comments. 50 Thaler Ave Proposal: The WCDSB received funding from the Ministry of Education to construct a new 527 space Catholic elementary school and 88 space childcare centre on the WCDSB Property. As part of the redevelopment plans for the future elementary and childcare centre, the WCDSB and City of Kitchener have explored options to reconfigure Kinzie Park and the school lands to improve the layout, function and access for both properties. File Number: OPA23/009/T/CD Description: To redesignate this portion of the site from Institutional to Open Space, and vice versa. Application Type: OPA Status: This application has been circulated and Planning staff are accepting and reviewing comments. File Number: ZBA23/014/T/CD Description: To rezone a portion of the WCDSB Property from Neighbourhood Institutional (INS -1) to Open Space: Greenways (OSR-2), and vice versa. Application Type: ZBA Status: This application has been circulated and Planning staff are accepting and reviewing comments. Staff Contact: Craig Dumart Neighbourhood Meeting Date: July 27, 2023 Owner: City of Kitchener and Waterloo Applicant: GSP Planning Catholic School Board Update Since Last Quarterly Report: This application has been circulated and Planning staff are accepting and reviewing comments. Page 363 of 399 WARD 2 — New Applications 20 Woolner Trail Proposal: The proposed development of the Site includes the future construction of a new Catholic High School for Grade 7 to Grade 12 students. The new high school will include a three storey building, associated parking facilities for faculty, visitors and students, future portable areas, an outdoor playground area for elementary students Grade 7 and 8), a practice field, track and football field. File Number: OPA23/01 1 /W/TS Description: To redesignate the property from Low Rise Residential and Mixed Use to Institutional. To permit a new Grade 7-12 Catholic School. Application Type: OPA Status: This application has been circulated and Planning staff are accepting and reviewing comments. File Number: ZBA23/009/K/ES Description: To redesignate the property from Low Rise Residential and Mixed Use to Institutional zoning. Application Type: ZBA Status: This application has been circulated and Planning staff are accepting and reviewing comments. Staff Contact: Tim Se ler Neighbourhood Meeting Date: August 15, 2023 Owner: Waterloo Catholic District Applicant: GSP Group School Board Update Since Last Quarterly Report: New Application. This application has been circulated and Planning staff are accepting and reviewing comments. Page 364 of 399 WARD 3 1018 Hidden Valley Rd Proposal: A 26 unit (lot) single detached vacant land condominium development. File Number: OPA23/006/H/BB Description: A site-specific policy to permit the proposed net residential density of 8 units per net hectare, whereas a maximum of 4 units per hectare is currently permitted. Application Type: OPA Status: This application has been circulated and Planning staff are accepting and reviewing comments. File Number: ZBA23/010/H/BB Description: To change the zoning of the subject lands from Residential One (R-1) to Residential Two (R-2) under Zoning By-law 85-1. Application Type: ZBA Status: This application has been circulated and Planning staff are accepting and reviewing comments. Staff Contact: Brian Bateman Neighbourhood Meeting Date: June 21, 2023 Owner: Evaya Development Inc. Applicant: MHBC Planning Update Since Last Quarterly Report: New Application. This application has been circulated and Planning staff are accepting and reviewing comments. Page 365 of 399 WARD 4 448 NEW DUNDEE RD Proposal: A condominium development with 24 single detached houses with frontage onto a private condominium road. File Number: ZBA20/003/N/AP Description: the application requests to change the zoning from R-1 Zone (allows single detached dwellings on lots with a min. lot area of 4,000 m2 and min. lot width of 30 m2) to R-6 (allows single detached dwellings on lots with a min. lot area of 235 m2 and min. lot width of 9 m2). Application Type: ZBA Status: This application has been circulated and Planning staff are accepting and reviewing comments. Staff Contact: Andrew Pinnell Neighbourhood Meeting Date: November 25, 2021. Owner: HAYRE PROPERTIES INC Applicant: GSP Group Inc. Update Since Last Quarterly Report: Planning Staff and the Applicant are considering input provided at the Neighbourhood Meeting. Additional technical study is underway. 86 PINNACLE DR Proposal: A 3.5 storey 16 -unit multiple residential building. File Number: ZBA19/003/P/KA Description: To change the zoning to Residential Six (R-6) to permit a multiple residential dwelling. Application Type: ZBA Status: This application has been circulated and Planning staff are accepting and reviewing comments. Staff Contact: Katie Anderl Neighbourhood Meeting Date: January 10, 2023 Owner: A & F GREENFIELD HOMES Applicant: IBI Group LTD Update Since Last Quarterly Report: A revised development concept was received and shared with the community through a second Neighbourhood Meeting and on-site meeting. Planning Staff and the Applicant are considering input provided on the revised concept. 404-430 NEW DUNDEE RD Proposal: The proposed development intends to establish ten (10) stacked townhouse buildings containing a total of 160 residential dwelling units on the subject lands. Each building would contain sixteen (16) dwelling units. Access to the property is proposed through one full -movement access driveway from New Dundee Road that would connect to the internal private road system. Parking is provided at a rate of 1.15 spaces per dwelling unit, for a total of 186 parking spaces. All parking spaces are surface level, and secure indoor bicycle storage spaces are to be provided throughout the site. The proposed residential development also includes a central common amenity area. File Number: OPA22/014/N/BB Description: To add a special policy area to the Low Rise Residential designation such that the subject lands be permitted a maximum Floor Space Ratio (FSR) of 0.9 and a density exceeding 30 units per hectare Application Type: OPA Status: This application has been circulated and Planning staff are accepting and reviewing comments. File Number: ZBA22/025/N/BB Description: The Zoning by-law amendment is proposing re -zoning the subject lands from R-1 in By-law 85-1 to RES -5 in By-law 2019- 051 with a site-specific provision for FSR, building height, parking, and visitor parking. Application Type: ZBA Status: This application has been circulated and Planning staff are accepting and reviewing comments. Staff Contact: Brian Bateman Neighbourhood Meeting Date: January 19, 2022 Owner: Klondike Homes Ltd. Applicant: MHBC Planning Update Since Last Quarterly Report: Planning Staff and the Applicant are considering input provided at the Neighbourhood Meeting. Page 366 of 399 WARD 5 ROCKCLIFFE DR FREURE SOUTH Proposal: A new community with 471 new residential units including single detached, street townhouses & multiple dwellings. Parkland open sace & stormwater management facilities are also proposed. File Number: OP16/001/R/KA Description: To change the designation of the easterly portion of land to high rise residential, designate a future park area as open space, and to adjust the limits of wooded areas designated as open space. Application Type: OPA Status: This application has been circulated and Planning staff are accepting and reviewing comments. File Number: ZC16/009/R/KA Description: To change the zoning from Restricted Business Park (B- 2) to residential and natural heritage conservation zones. Application Type: ZBA Status: This application has been circulated and Planning staff are accepting and reviewing comments. File Number: 30T-16201 Description: The plan of subdivision includes single detached, street townhouses & multiple dwellings along with parkland open space & stormwater management facilities. Application Type: SA Status: This application has been circulated and Planning staff are accepting and reviewing comments. Staff Contact: Katie Anderl Neighbourhood Meeting Date: TBD Owner: FREURE DEVELOPMENTS Applicant: MHBC PLANNING LTD LIMITED Update Since Last Quarter) Report: No update at this time. Archeological assessment work continues. 2219 OTTAWA ST S & 808 TRUSSLER RD Proposal: A new community with 240-409 new residential units including single detached, street townhouses & multiple dwellings. Institutional uses, a multi -use trail, a stormwater management system, parkland and open space blocks for the conservation of natural features on the property are also proposed. The existing buildings on the property will be demolished for the proposed development with the exception of the Shantz House, which will ultimately be designated a heritage property. File Number: OPA22/009/O/AP Description: The lands are currently designated Low Rise Residential, Natural Heritage Conservation and Mixed Use. The amendment proposes to align the proposed land uses with the proposed Plan of Subdivision. A Mixed Use land use designation is proposed on Blocks 11 and 12 to accommodate higher density multiple -residential developments. The Natural Heritage Conservation designation is proposed to apply to lands on which environmental features are located. Blocks 15, 16 and 18 are proposed to be designated as Open Space. Blocks 15 and 16 are proposed to be public parks, totaling 0.478 hectares of parkland. Block 18 is proposed to accommodate the stormwater management pond. Application Type: OPA Status: This application has been circulated and Planning staff are accepting and reviewing comments. File Number: ZBA22/016/0/AP Description: The Subject Lands are currently zoned Agricultural (A- 1) in Zoning By-law 85-1. The amendment proposes to bring the lands into Zoning By-law 2019-051 and apply the following zoning categories; RES -5 Low Rise Residential Five Zone with Site Specific Provisions, INS -1 Neighbourhood Institutional Zone with Site Specific Provisions, OSR-1 Recreation Zone, OSR-3 Open Space: Stormwater Management Zone, and NHC-1 Natural Heritage Conservation Zone. Application Type: ZBA Status: This application has been circulated and Planning staff are accepting and reviewing comments. Page 367 of 399 File Number: 30T-22201 Description: The plan of subdivision includes single detached, street townhouses & multiple dwellings along with parkland open space & stormwater management facilities. Application Type: SA Status: This application has been circulated and Planning staff are accepting and reviewing comments. Staff Contact: Andrew Pinnell Neighbourhood Meeting Date: TBD Owner: Kitchener Trussler Holdings Applicant: Polocorp Inc. I nc. Update Since Last Quarterly Report: The Applicant has filed an appeal to the Ontario Land Tribunal. 490 HURON RD Proposal: The development proposal includes three multiple residential apartment buildings and commercial development along Huron Road and a combination of structured and surface parking. Full build out of the subject lands is anticipated to occur in phases. Vehicular access to the proposed development is proposed from both Huron and Strasburg Roads with two accesses from Huron Road and one access from Strasburg Road. File Number: OPA22/012/H/CD Description: The purpose of the OPA is to amend the existing special policy area for the subject lands to allow for a maximum height of 17 storeys within the portion of the site that is designated `Mixed Use'. Application Type: OPA Status: This application has been circulated and Planning staff are accepting and reviewing comments. File Number: ZBA22/019/H/CD Description: To amend the site specific zoning regulations for the portion of the lands zoned MIX -3 to permit the ground floor of any building located within 25 metres of the Strasburg Road street line to have a minimum height of 4.5 metres, that no minimum or maximum percent of non-residential gross floor area be required, to permit a maximum building height of 17 storeys and 53 metres, to permit a maximum FSR of 3, and that no minimum Ground Floor Street Line Fagade Width as a Percentage of the Width of the Abutting Street Line shall apply. Application Type: ZBA Status: This application has been circulated and Planning staff are accepting and reviewing comments. Staff Contact: Craig Dumart Neighbourhood Meeting Date: TBD Owner: 2517293 Ontario Inc. Applicant: MHBC Planning Ltd. Update Since Last Quarterly Report: The initial circulation of the notice of application is completed and a Neighbourhood Meeting will be held this year. Page 368 of 399 WARD 5 — New Applications 2150 BLEAMS ROAD Proposal: To develop 6-8 townhouse units on Gravel Ridge Trail. The existing Romanian Church is intended to remain. File Number: OPA23/018/B/BB Description: To have a portion of their property that fronts onto Gravel Ridge Trail re -designated from Institutional to Low Rise Residential to facilitate the future development of approximately 6-8 townhouse units on Gravel Ridge Trail. Application Type: OPA Status: This application has been circulated and Planning staff are accepting and reviewing comments. File Number: ZBA23/030/B/BB Description: To change the zoning from Institutional (INS -1) to Low Rise Residential Five (RES -5). Application Type: ZBA Status: This application has been circulated and Planning staff are accepting and reviewing comments. Staff Contact: Brian Bateman Neighbourhood Meeting Date: September 26, 2023 Owner: Romanian Orthodox Parish Applicant: GSP Group Update Since Last Quarterly Report: New Application. This application has been circulated and Planning staff are accepting and reviewing comments. Page 369 of 399 WARD 6 — New Applications 1198 FISCHER HALLMAN ROAD Proposal: The development is proposed to contain 2 residential towers (14 & 22 storeys in height) consisting of 373 residential units and commercial units on the ground floor. File Number: OPA23/014/T/FH Description: The purpose of the application is to amend the limit of the Mixed Use Two designation area and to add a special policy area to permit a building height of 22 storeys and a FSR of 6.34. Application Type: OPA Status: This application has been circulated and Planning staff are accepting and reviewing comments. File Number: ZBA23/024/F/TS Description: To rezone the lands to MIX -2. In Zoning By-law 2019- 051. Application Type: ZBA Status: This application has been circulated and Planning staff are accepting and reviewing comments. Staff Contact: Tim Se ler Neighbourhood Meeting Date: September 7, 2023 Owner: Activa Holdings Limited Applicant: MHBC Planning Update Since Last Quarterly Report: New Application. This application has been circulated and Planning staff are accepting and reviewing comments. Page 370 of 399 WARD 8 400 WESTWOOD DR Proposal: To demolish the existing house and create four new lots for single detached dwellings. File Number: ZBA21/0121W/ES Description: To rezone the developable portion of the lands to site specific Residential Four (R-4). Application Type: ZBA Status: This application has been circulated and Planning staff are accepting and reviewing comments. Staff Contact: Eric Schneider Neighbourhood Meeting Date: January 13, 2022 Owner: NASIR BROMAND, ZAKIA Applicant: IBI GROUP BROMAND Update Since Last Quarterly Report: A Neighbourhood Meeting was held with the community on January 13, 2022. Planning Staff and the Applicant are considering input provided at the Neighbourhood Meeting. Page 371 of 399 WARD 9 50 BORDEN AVE S Proposal: a mixed-use development consisting of two towers (57 storeys and 51 storeys in height) having 1,224 dwelling units and 7,240 m2 of commercial and institutional space. File Number: OPA23/004/B/KA Description: Site-specific regulations propose a Floor Space Ratio Description: To add a Special Policy Area to permit a maximum FSR (FSR) of 16.1, a reduced rear yard setback, and a parking reduction Application Type: OPA to permit 618 parking spaces Application Type: OPA Status: This application has been circulated and Planning staff are File Number: ZBA23/011/K/CD accepting and reviewing comments. File Number: ZBA22/008/B/KA Description: Site-specific regulations propose a Floor Space Ratio the existing CR -2 zone which would add the following provisions; a (FSR) of 16.1, a reduced rear yard setback, and a parking reduction reduction in the minimum side yard abutting the street from 3.0 m to to permit 618 parking spaces Application Type: ZBA Status: This application has been circulated and Planning staff are a reduction in the minimum rear yard from 19.6m to 7.5m; a accepting and reviewing comments. Staff Contact: Katie Anderl Neighbourhood Meeting Date: June 6, 2023 Owner: Woodhouse Investments Inc Applicant: IBI Group Update Since Last Quarterly Report: This application has been circulated and Planning staff are accepting and reviewing comments. Staff Contact: Craig Dumart 417 KING STW Proposal: A 55 storey mixed use building with 622 residential units with ground floor commercial units. A total of 184 vehicle parking spaces and 311 bicycle parking spaces are proposed for the development. File Number: OPA23/007/K/CD Description: To add a Specific Policy to allow for a Floor Space Ratio Description: To add a Special Policy Area to permit a maximum FSR FSR of 21. Application Type: OPA Status: This application has been circulated and Planning staff are Status: This application has been circulated and Planning staff are accepting and reviewing comments. File Number: ZBA23/011/K/CD Description: To change the zoning of the subject lands to Warehouse Description: To add a site-specific Special Regulation Provision to District Zone (D-6) with a Special Regulation Provision to permit a the existing CR -2 zone which would add the following provisions; a floor space ratio of 21; to allow for residential uses; to allow for a reduction in the minimum side yard abutting the street from 3.0 m to reduction in parking to 0.29 parking spaces per dwelling unit and 0 0.0 metres; a reduction in the minimum front yard from 3.0 m to 1.5m; space for non residential uses; to permit a rear yard and east side a reduction in the minimum rear yard from 19.6m to 7.5m; a yard setback of 0 metres; and to permit a 1.1 metre west side yard maximum Building Height of 39.3m; a reduction in parking from 1.25 setback. Application Type: ZBA Status: This application has been circulated and Planning staff are accepting and reviewing comments. Staff Contact: Craig Dumart Neighbourhood Meeting Date: July 11, 2023 Owner: Vanmar Constructors Applicant: MHBC Planning Update Since Last Quarterly Report: This application has been circulated and Planning staff are accepting and reviewing comments. 93-99 Benton St/39-43 St George St Proposal: A 12 -storey mixed-use building, with ground floor commercial uses and 99 residential units. An FSR of 5.0 is proposed File Number: OPA23/008/B/ES Description: To add a Special Policy Area to permit a maximum FSR of 5.0 whereas 2.0 is permitted). Application Type: OPA Status: This application has been circulated and Planning staff are accepting and reviewing comments. File Number: ZBA23/011/K/CD Description: To add a site-specific Special Regulation Provision to the existing CR -2 zone which would add the following provisions; a reduction in the minimum side yard abutting the street from 3.0 m to 0.0 metres; a reduction in the minimum front yard from 3.0 m to 1.5m; a reduction in the minimum rear yard from 19.6m to 7.5m; a maximum Building Height of 39.3m; a reduction in parking from 1.25 Page 372 of 399 Page 373 of 399 spaces per unit to 0.5 spaces per unit including visitor spaces; zero Parking spaces for non-residential uses; and, an increase in Floor Space Ratio from 2.0 to 5.0. Application Type: ZBA Status: This application has been circulated and Planning staff are accepting and reviewing comments. Staff Contact: Eric Schnider Neighbourhood Meeting Date: August 29, 2023 Owner: 1000249553 Ontario Inc. Applicant: MHBC Planning Update Since Last Quarterly Report: This application has been circulated and Planning staff are accepting and reviewing comments. Page 373 of 399 WARD 9 - New Applications 332 CHARLES ST E Proposal: A purpose built attainable rental project with 163 units including 1 and two bedroom with den options for both sizes. Description: To rezone the subject lands from RES -4 to RES -5 with site specific provisions to permit a 13 unit multiple dwelling in the form of stacked townhouses. File Number: OPA23/010/C/CD Description: The requested Official Plan Amendment proposes a Staff Contact: Tim Seyler special policy area for the subject lands on Map 10 of the King Street Owner: Mr. Peter Markin East Secondary Plan to permit a maximum Floor Space Ratio of 8.8 Update Since Last Quarterly Report: New Application. This application has been circulated and Planning staff are accepting and reviewing comments. post road widening) along Charles Street East. Application Type: OPA Status: This application has been circulated and Planning staff are accepting and reviewing comments. File Number: ZBA23/016/C/CD Description: Seeking permission to amend regulation 55.2.1 to permit a maximum floor space ratio of 8.8, whereas a maximum of 4.0 is permitted; to amend regulation 6.1.2 a) to permit parking at a rate of 0.4 per unit for all Multiple Dwelling Units including barrier free spaces; to amend regulation 6.1.2 b) vi to permit visitor parking at a rate of 8% of the required parking; and to amend section 6.1.2 a) to permit 0 parking requirement for non-residential uses. Application Type: ZBA Status: This application has been circulated and Planning staff are accepting and reviewing comments. Staff Contact: Craig Dumart Neighbourhood Meeting Date: July 20, 2023 Owner: 332 Charles GP Inc., Vive Applicant: MHBC Planning Development Update Since Last Quarterly Report: New Application. This application has been circulated and Planning staff are accepting and reviewing comments. 229 WELLINGTON ST N Proposal: A 13 unit multiple dwelling in the form of stacked townhouses behind the existing duplex. File Number: ZBA23/019/W/TS Description: To rezone the subject lands from RES -4 to RES -5 with site specific provisions to permit a 13 unit multiple dwelling in the form of stacked townhouses. Application Type: ZBA Status: This application has been circulated and Planning staff are accepting and reviewing comments. Staff Contact: Tim Seyler Neighbourhood Meeting Date: July 18, 2023 Owner: Mr. Peter Markin Applicant: Arcadis Update Since Last Quarterly Report: New Application. This application has been circulated and Planning staff are accepting and reviewing comments. Page 374 of 399 WARD 10 22 WEBER ST W Proposal: A 19 -storey multiple residential building with 162 units, including 25 barrier free units. A total of 24 parking spaces are proposed at grade. File Number: OPA20/005/W/JVW Description: The applicant is now proposing to amend the designation to High Density Commercial Residential with a Special Policy Area in order to permit a floor space ratio FSR of 7.8. Application Type: OPA Status: Under appeal File Number: ZBA20/013/W/JVW Description: The subject lands are currently zoned Commercial Residential Three (CR -3) in Zoning By-law 85-1. The applicant is proposing the same base zone with site specific special regulations to permit; an increase in height to 19 storeys, an increase in Floor Space Ratio to 7.8, To require a minimum ground floor fagade height of 4.5m, to reduce the required minimum landscaped area required from 10% to 8%, to reduce front and rear yard setbacks, and to reduce the required on-site parking to 24 spaces, including 8 visitor parking spaces. Application Type: ZBA Status: Under appeal Staff Contact: Garett Stevenson Neighbourhood Meeting Date: Sept. 8, 2021 & March 3, 2022. Owner: 30 DUKE STREET LIMITED Applicant: MHBC PLANNING LTD Update Since Last Quarterly Report: Council refused the related Heritage Permit Application on August 22, 2022. This appeal was adjourned. This application has been appealed to the Ontario Land Tribunal (formerly LPAT) which has suspended this matter until further notice. Page 375 of 399 WARD 10 — New Applications 83 WEBER ST E Proposal: A 25 storey mixed-use building with an 8 storey podium, and commercial units at -grade. One level of structured parking is proposed on the ground level of the proposed building. File Number: OPA23/012/W/CD Description: The purpose of the Official Plan Amendment is to establish site specific permission for an increase to the maximum permitted FSR from 4.5 to 13.7. Application Type: OPA Status: This application has been circulated and Planning staff are accepting and reviewing comments. File Number: ZBA23/022/W/CD Description: The purpose of the Zoning By-law Amendment is to establish site specific provisions to permit the proposed development under the existing Commercial Residential (D-5) zoning. Site specific provisions include: reduced front and rear yard setbacks, reduced parking requirement, reduced width of parking aisle, and increased Floor Space Ratio. Application Type: ZBA Status: This application has been circulated and Planning staff are accepting and reviewing comments. Staff Contact: Craig Dumart Neighbourhood Meeting Date: August 3, 2023 Owner: 83 & 87 Weber St E, Brigade Applicant: MHBC PLANNING LTD Holdings Corporation Update Since Last Quarterly Report: New Application. This application has been circulated and Planning staff are accepting and reviewing comments. Page 376 of 399 Attachment B — Significant Policy Projects (Q3 2023) Current Significant Policy Projects Quarter 3, 2023 Update CITY WIDE Comprehensive Zoning By-law Review Description: Review of Kitchener's Zoning By-law 85-1. Approved in phases with the latest phase (residential zones) being approved in 2022. Final phase includes specific properties previously deferred and specific geographies (i.e. Rosenberg). An update was provided to Council on the progress of Housing for All Current Status: IN PROGRESS Zoning updates in 2023 have focused on Major Transit Station Areas which is occurring through Growing Together. Next Steps: Final phase includes specific properties previously deferred and specific geographies i.e. Rosenberg Secondary Plan). Project Lead: TBD Target Completion: 2024/25 Housing for All Implementation Description: Kitchener Housing for All Strategy was approved in 2020 and identifies actions for the City to address homelessness and housing issues in Kitchener. Current Status: IN PROGRESS An update was provided to Council on the progress of Housing for All action items in March 2022. Lived Expertise Working Group In March 2023, Planning Division staff took carriage over the continued implementation and began working with the Lived Expertise Working Group. A report on year 2 of the LEWG's pilot program was deferred by Council in June 2023. Lodging Homes Staff re -commenced working with the Housing for All Lodging Homes subcommittee to continue work on recommended updates to the Official Plan and Zoning By-law. Next Steps: Lived Expertise Working Group Continued work with the LEWG on a year 2 work plan. Staff are considering necessary updates to the Growth Management Annual Monitoring Report to, among other things, report on affordable housing related data. Lodging Homes Official Plan and Zoning By-law amendments to Council for consideration in Q4 2023 coordinated with updates to Kitchener's Licensing By-law for Lodging Homes Project Lead: Target Completion: 2023 for Lodging Homes; 2024 for LEWG pilot Natalie Goss/Garett Stevenson program; 2025+ for Housing for All implementation. Page 377 of 399 Enabling Missing Middle and Affordable Housing Stud Description: With the support of Provincial Streamline Development Approvals Funding, The Enabling Missing Middle and Affordable Housing Study advanced work on Kitchener's Housing for All Strategy but also was used to inform Growing Together on how to enable an increased supply of missing middle housing typologies. This study also explored tools and incentives for affordable housing. Current Status: COMPLETE Council considered the final report in April 2023 and directed that staff use the findings to inform the Growing Together project and future updates to the Official Plan and Zoning By-law city-wide anticipated to be completed no later than 2026. Financial incentives for missing middle and affordable housing will be further explored once information on Bill 23 affordable and attainable housing is made available. Next Steps: Implementation of missing middle findings in Growing Together with an anticipated decision by Council in Q4 2023. Project Lead: Target Completion: N/a Tim Donegani Official Plan Review Description: A comprehensive review of Kitchener's Official Plan to, among other things, align with changes in Provincial legislation, policies, and plans and the Region of Waterloo's Official Plan Amendment No. 6. Current Status: Project planning is underway to determine necessary background TO COMMENCE Q1 2024 and technical studies, scope of work, and timelines. Next Steps: In accordance with the Planning Act, hold a Special Meeting of Council to get early input from Council, community and stakeholders on what revisions may be required to the Official Plan in Q4 2023/Q1 2024. Project Lead: Target Completion: 2026 TBD Provincial legislation, policies, plans review Description: A significant number of Provincial legislative and policy changes have occurred throughout 2022 and 2023. The Planning Division has formally added this review to their workplan due to the significant time and resources that have been required to review changes and provide comments. Current Status: ONGOING Since Spring of 2022 staff have reviewed and provided comments, either through reports to Council or administratively through the Director/Interim Director of Planning on the following matters: • Bill 109 (More Homes for Everyone Act, 2022), Bill 23 (More Homes Built Faster Act, 2022), Bill 13 (Supporting People and Businesses Act, 2021), Bill 97 (Helping Homeowners Protecting Tenants Act, 2023). • Municipal Housing Pledge. • Ontario Regulations related to additional dwelling units, Inclusionary Zoning, natural hazards. • Updates to the Ontario Wetland Evaluation System. • Proposed Provincial Planning Statement. Next Steps: As of the date of this report there are no open ERO postings related to planning matters that require the submission of comments. Staff will monitor on an ongoing basis. Project Lead: Target Completion: N/A Planning Management Team Page 378 of 399 Rental Housing, Eviction and Displacement Stud NEW to workplan in 2023 Description: In January 2023 Council directed that staff look at tools that are within Kitchener's jurisdiction with respect to rental replacement and other tools and advocacy opportunities for the transitioning of displaced residents. Current Status: ONGOING In June 2023 staff provided an update to Council on this work and shared that a draft website to share resources and sources of information on rental displacement and evictions and a survey has been prepared to collect information from tenants who have been or will be evicted from their rental units because of the landlord's intent to demolish, renovate, convert, or occupy their rental unit. These draft materials will be discussed with the LEWG at upcoming meetings following which they will be posted and shared. Additionally, a consultant has been retained to better understand the financial feasibility of a rental replacement by-law. Next Steps: Continue conversations with LEWG on draft materials. Work with the consultant on the financial feasibility of a rental replacement by-law. Report to Council in December 2023 on options and opportunities for Kitchener to advance work in this area. Project Lead: Target Completion: Q4 2023 Richard Kell -Ruetz Tree Conservation Tools Review Description: A comprehensive Description: With Council's approval of Kitchener's tree canopy target in January 2022, Council directed staff to review existing tree conversation processes within the City to explore opportunities for strengthened measures. This work includes a review of Kitchener's Tree Bylaw and Tree Conservation Bylaw, tree planting requirements within the Development Manual, and Tree Management Policy. Current Status: In April 2023, staff presented Council with the results of the review of Phase 1 — COMPLETE tree conservation processes in Kitchener and other select Phase 2 — ONGOING municipalities. Council authorized a second phase work to further Target Completion: 2024 evaluate specific enhancement opportunities to existing tools and processes. Work planning for phase 2 is underway. Next Steps: Develop a comprehensive work plan for phase 2 including a community and stakeholder engagement plan. Project Lead: Target Completion: 2024+ Gaurang Khandelwal Urban Design Manual Review — Part C Description: A comprehensive review of Kitchener's Urban Design Manual which has been occurring in phases. The last phase was approved in 2019. Final phase includes the urban design standards Part C). Current Status: ONGOING Internal review of existing standards to understand opportunities for improvement. Next Steps: Draft updates to urban design standards and stakeholder engagement. Project Lead: Target Completion: 2024 Gaurang Khandelwal WARD 1 — There are no Ward 1 specific projects at this time. WARD 2 — There are no Ward 2 specific projects at this time. Page 379 of 399 WARD 3 Hidden Valley Secondary Plan Description: Development of updated land uses and Official Plan policies, including technical studies to inform them to implement the land use master plan approved by Council in 2019. Current Status: IN PROGRESS Series of consultants retained to undertake technical work related to transportation and noise, water, cultural heritage, and the natural heritage system. Next Ste s: Complete technical studies to inform draft land uses. Project Lead: Richard Kelly-Ruetz Target Completion: Q1/2 2024 Growing Together (Major Transit Station Area) Planning Framework Review Description: Comprehensive review and update of land use, zoning, and urban design guidelines for the Block Line, Fairway, and Sportsworld Major Transit Station Areas. Current Status: N/A TO COMMENCE Q1/2 2024 Next Steps: To commence work on project planning once Growing Together for the 7 MTSAs west of the Conestoga Expressway is complete. Project Lead: TBD Target Completion: 2024/25 WARD 4 Lower Doon Land Use Implementation Stud Description: Review of existing secondary plan and updates to Official Plan policies, cultural heritage policies/guidelines, and zoning to implement the land use stud 2021 recommendations. Current Status: IN PROGRESS Draft land use, zoning, and cultural heritage implementation shared with community and stakeholders in May 2023. Comment period on drafts closed mid-August. Next Steps: Official Plan and Zoning By-law amendments to Council for consideration in Q4 2023. Project Lead: John Zunic Target Completion: 2024/25 WARD 5 Dundee North Secondary Plan Description: Development of a new secondary plan (land use, transportation, natural heritage system, complete community) for lands in south-west Kitchener. The project will also fulfill the requirements for an environmental assessment and will recommend infrastructure to service the area. Current Status: IN PROGRESS In April 2023 the Province issued a decision on Regional Official Plan Amendment 6 which added additional land in south-west Kitchener to Kitchener's urban area. Staff are considering the opportunities and implications of the additional land added, which is adjacent to Dundee North, on the ongoing Dundee North Secondary Plan. Next Steps: Work with Region of Waterloo staff to understand the context of the Provincial decision to determine options for next steps for Dundee North and adjacent new urban lands. Project Lead: Target Completion: TBD Carrie Musselman/Richard Kelly- Ruetz WARD 6 — There are no Ward 6 specific projects at this time. WARD 7 — There are no Ward 7 specific projects at this time. Page 380 of 399 WARD 8 Belmont Village Urban Corridor Stud Description: Study to review planning policies and guidelines and understand community and stakeholder perspectives on the same to identify improvements to better align with the vision and role of Belmont Avenue as an urban corridor. To be implemented through the Official Plan review. Current Status: COMPLETE Community engagement was completed in Fall 2022 and included a pop up at the Bestival, several walkshops, virtual drop-in sessions, conversations with Neighbourhood Associations, and conversations with businesses. Next Steps: Consider input as part of Official Plan review which is anticipated to include a comprehensive review of the policy framework for Kitchener's intensification areas i.e. nodes and corridors). Project Lead: Target Completion: Community engagement complete. Implemented John Zunic through Official Plan review 2024-2026. WARDS 9 & 10 Downtown Kitchener Vision Description: Development of a new, community -led vision for downtown Kitchener. Includes a defined set of principles that will be used to shape, direct and build context for future decision-making in the downtown core. Current Status: An update report was provided to Council in August 2023 which also IN PROGRESS sought Council's input on a draft vision and set of principles. Council's input builds on the community's input that will be considered by the Downtown Community Working Group in Fall 2023. Next Steps: Council consideration of a Downtown Community Working Group recommended vision and set of principles in Q4 2023. Project Lead: Target Completion: Q4 2023 Darren Becks/Natalie Goss Growing Together (Major Transit Station Area) Planning Framework Review Description: Comprehensive review and update of land use, zoning, and urban design guidelines for the 7 Major Transit Station Areas west of the Conestoga Expressway. Current Status: Community engagement on a draft approach to growth and change IN PROGRESS occurred in Spring 2023. Council workshop on the same in April 2023. An update report was provided to Council in June 2023. Community and stakeholder engagement on draft land use/zoning principles occurred from June to August 2023. Next Steps: Draft Official Plan and Zoning By-law amendments for community and stakeholder input. Official Plan and Zoning By-law amendments to Council for consideration in Q4 2023. Project Lead: Adam Clark Target Completion: Q4 2023 Page 381 of 399 Inclusionary Zoning Description: Inclusionary Zoning can be used to require new, multi -unit housing developments to include affordable units. The Region, Kitchener, Waterloo, and Cambridge are coordinating their approach to implementing inclusionary zoning within MTSAs. A portion of this work is being funded through the Provincial Streamline Development Approvals Funding. This work is being coordinated with Growing Together. Current Status: Preliminary directions for an Inclusionary Zoning framework were IN PROGRESS presented to Council in June 2023. Staff are obtaining input from stakeholders and community on the preliminary directions. Consultant direction is being sought on the financial implications of different set aside rates as per Kitchener and Waterloo Council's directions. Next Steps: Official Plan and Zoning By-law amendments to Council for consideration in Q4 2023. Project Lead: Tim Donegani Target Completion: Q4 2023 District Energy Business Case Description: Pre -feasibility study endorsed by Council in 2020. Current phase of work includes conducting detailed technical and financial feasibility to connect new/existing public and private buildings in downtown to a system primarily powered by geothermal energy. Current Status: A series of consultants has been retained to conduct pre -feasibility IN PROGRESS work which is nearing completion. Next Steps. Update to Council to obtain direction for next steps. Project Lead: Tim Done ani Target Completion: Q4 2023 Page 382 of 399 Attachment C — Affordable Housing and Significant Streamlining Initiatives (Q3 2023) 2023 Active Affordable Housing Development Applications Address and Total Units Affordable Status City incentives applicant Units 83-97 Victoria St N, 44 44 Clearing conditions of Project manager The Working Centre site plan approval Affordable rental housing incentives (planning and building application fees waived) 82 Wilson Ave, 123 32 (net Under construction Affordable rental housing Region of Waterloo (existing) increase) incentives (planning and building application fees waived) 49 Queen St N, 41 41 Under construction Affordable rental housing Indwell Community incentives (planning and Homes and St. Peter's building application fees Lutheran Church waived 137 Queen St S, 57 21 Clearing conditions of Project manager St Paul's Lutheran site plan approval, Affordable rental housing Church shoring permit issued incentives (planning and building application fees waived 206 Duke St E, 100 40 Clearing conditions of Project manager Knossos Housing site plan approval Affordable rental housing incentives (planning and building application fees waived) 32 Mill St, 1 1 Building permit issued Affordable rental housing KW Urban Native incentives (building Wigwam Project application fees waived) Total New Units: 243 179 Projects to Streamline Development Approvals Streamlining Development Approvals Funding Description: A series of projects initiated in February, 2022 with the support of a provincial grant provided to streamline development approvals and relieve backlogs to support building more houses quicker. Projects include: • Digital improvements and online public portal development — improving the efficiency of processing development applications including developing a portal for submission of development applications. • Temporary staffing to support quicker turn -around for development applications including 2 co-op students in Planning, 1 co-op student in Parks Design and Development, 1 gas utilities drafting technician and 1 stormwater management utilities technologist. • A process review to identify and assist the City to implement more efficient processes for the Parks (Design and Development division) development approvals processes. • Inclusionary Zoning for Affordable Housing: Policy and Implementation Guidelines (refer to Appendix B for further details) • Enabling Missing Middle and Affordable Housing Study (refer to Appendix B for further details) • Online booking system for presubmission consultations and other planning meetings • Mobile technology for onsite inspections • Cumulative Impact Analysis of potential changes on the development industry, pace of development, housing affordability and other strategic City priorities associated with introducing various planning tools (completed in advance of the Development Charge and Park Dedication bylaws in June 2022 Page 383 of 399 Current Status: In Progress Projects have either been completed or are in the process of completion to the extent that provincial funding is involved. Next Steps: The reporting deadline to the Province is November 1, 2023. Those projects that are not already completed will be wrapped up and a full report will be prepared for submission by the deadline. Work will continue some projects beyond the scope of the provincial grant funding. For example, work will continue to transition all development applications to a public portal in the coming years. Project Lead: Janine Oosterveld Target Completion: November, 2023 Implementation of Bill 13, Bill 109, and Bill 23 Description: To address the housing crisis and get more homes built faster, the Province enacted a series of legislated changes to streamline development applications and reduce costs to development. An action plan was established to update policies, bylaws and undertake staff -level process improvements in response to these provincial directives. Current Status: Council approved, implementing procedures in progress. Through DSD -2023-239, Council approved in June a series of amendments to policies and bylaws to: • Delegate the removal of holding provisions and other minor zoning bylaw amendments to the Director of Planning; • Shorten the statutory public consultation notice period to align with the staff report posting; • Changes to zoning to allow up to 3 units on a property with a single detached, semi-detached or street townhouse dwelling and ensure safe, functional sites for projects with 10 units or less that no longer go through site plan approval; and, • Changes to the site plan control bylaw and public participation policy. With Regional approval of the Official Plan amendment and the appeal period concluded on August 22nd, the policies and bylaws are now in effect. At the staff level, implementing procedures are underway to address approved the policy and bylaw changes. Next Steps: Staff are coordinating updates to procedures to ensure the effective roll-out of changes associated with Council's decision. On-going work to continue to refine the site plan, official plan amendment and zoning bylaw amendment processes will continue for the remainder of the year. 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