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HomeMy WebLinkAboutDSD-2023-300 - Official Plan Amendment Application OPA23/010/C/CD - Zoning By-law Amendment Application ZBA23/016/C/CD - 332 Charles Street East - 332 Charles GP Inc.Staff Report r JR 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 1' 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 • 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 Q� G .5oz-No 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 07 SUBJECT AREA o 0 �Pw .5oz-No 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 - 1 _14, ,,, 1 1 I 1-1 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 Parking 0.5 per unit (82) Class B (outdoor visitor) Bicycle Parking 6 Electric Vehicle Ready Parking Stalls 13 Floor Space Ratio 9.8 Unit Types 109 — 1 -bedroom units 54 — 2 -bedroom units - 1 _14, ,,, 1 1 I 1-1 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 and a revised noise study is completed to the satisfaction of the Region of Waterloo. ,P,4r Y a Figure 3 — Proposed Building Rendering: The front elevation along Charles Street East Page 276 of 399 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. 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 25 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 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 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 Desian 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 Building Guidelines The proposed development has also been reviewed for compliance with the City's Design for Tall Buildings Guidelines. The objective of this document is to: • achieve a positive relationship between high-rise buildings and their existing and planned context; • create a built environment that respects and enhances the city's open space system, pedestrian and cyclist amenities and streetscapes; • create human -scaled pedestrian -friendly streets, and attractive public spaces that contribute to livable, safe and healthy communities; • promote tall buildings that contribute to the view of the skyline and enhance orientation, wayfinding and the image of the city; • promote development that responds to the physical environment, microclimate and the natural environment including four season design and sustainability; and, • promote tall building design excellence to help create visually and functionally pleasing buildings of architectural significance. The proposed development concept has been reviewed with these objectives in mind. City staff has confirmed that the proposed 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. Holding 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. 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 INE HEARD 348 addresses (occupants and property owners) were circulated and notified 0 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 APPENDIX& Appendix A — Proposed Official Plan Amendment Appendix B — Proposed Zoning By-law Amendment Appendix C — Newspaper Notice Appendix D — Department and Agency Comments Appendix E — Public Comments Page 291 of 399 1 SCHEDULE 'A' _ - 100 METRES 332 CHARLES GP INC. SCALE 1:4,000 332 CHARLES ST E; CHARLES ST E DATE: AUGUST 22, 2023 CITY OF KITCHENER OFFICIAL PLAN AMENDMENT TO MAP 10 KING STREET EAST NEIGHBOURHOOD SECONDARY PLAN Low Rise Conservation N Low Rise Multiple Residential .. ` Low Density Multiple Residential =� 0 Medium Density Multiple Residential Low Density Commercial Residential Mixed Use Corridor Neighbourhood Institutional - i uwuww 9 2-- Open Space U11 I r J Boundary of Secondary Plan `;uwuli Special Policy Area .liluwwuli uuiuiiuuiu L Primary Arterial Road - > IIIIIIIIIIIIIIIIII >:iuiuwuiiuwu i�Secondary Arterial Road imuiumuiiumu ummuiumuiiumu Major Collector Road uwwuiuwwuii uuiiuwu Area 1 of Amendment From Mixed Use Corridor With Special Policy Area 1 To Mixed Use Corridor With Special Policy Area 12 REVISED: OFFICIAL PLAN AMENDMENT OPA23/010/C/CD ZONING BY-LAW AMENDMENT ZBA23/016/C/CD City of Kitchener FILE OPA2301OCCD MAP10 Development Services Department, Planning mxd - 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. 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 5 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 25 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. Urban Desian 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 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. 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 Building Guidelines The proposed development has also been reviewed for compliance with the City's Design for Tall Buildings Guidelines. The objective of this document is to: • achieve a positive relationship between high-rise buildings and their existing and planned context; • create a built environment that respects and enhances the city's open space system, pedestrian and cyclist amenities and streetscapes; • create human -scaled pedestrian -friendly streets, and attractive public spaces that contribute to livable, safe and healthy communities; • promote tall buildings that contribute to the view of the skyline and enhance orientation, wayfinding and the image of the city; • promote development that responds to the physical environment, microclimate and the natural environment including four season design and sustainability; and, • promote tall building design excellence to help create visually and functionally pleasing buildings of architectural significance. The proposed development concept has been reviewed with these objectives in mind. City staff has confirmed that the proposed 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. 1� 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 `A'. 12 Page 304 of 399 APPENDIX 1: Notice of the Planning & Strategic Initiatives Committee Meeting (September 18, 2023) NOTICE OF PUBLIC MEETING fora development in your neighbourhood 332 Charlestreet East Concept Drawing ,. Im ITct USN Have YourVoice Hurd! Planning& Strategic initiatives Committee Date: September 18, 2023 Location; Council Chambers. Kitchener City Hall 200 King Street West arVirtual Zorn Westing Go to kitchener ea/meetings and select Current agenda s and reports (posted 10 days before meeting) • Appear as a delegation * Watch a meeting 00 To learn more about this project, including Information on your appeal rights, visit Mly www.kitchener.ea/ Plannir~gpplications orcontact: Mixed 17 Storeys, Floor, Space Craig Duman, Senior Planner Use 163 Dwelling Ratio of 9.8 craig,dunnart kitchener.ca Units 519.741.2203 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 9.3 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. 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) 15 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 R, R-7 108R R-5 1-2 1 R, 1 602R, 154U, 154U, 64H -11R P 1-21R MAP NO. 1 0 50 100 METRES 332 CHARLES GP INC. SCALE 1:4,000 332 CHARLES ST E; CHARLES ST E DATE: AUGUST 22, 2023 BY-LAW 2019-051 RES -4 LOW RISE RESIDENTIAL FOUR ZONE BY-LAW 85-1 CR -1 COMMERCIAL RESIDENTIAL ONE ZONE U D-2 EAST MARKET ZONE 1H 1-1 NEIGHBOURHOOD INSTITUTIONAL ZONE MU -3 1-2 COMMUNITY INSTITUTIONAL ZONE 532 M-2 GENERAL INDUSTRIAL ZONE M R_ MU -2 MEDIUM INTENSITY MIXED USE CORRIDOR _ ZONE 33 R, -3s 541R MU -3 HIGH INTENSITY MIXED USE CORRIDOR SR, R ZONE 1-1 P-1 PUBLIC PARK ZONE P-3 HAZARD LAND ZONE M 5R M R R-5 RESIDENTIAL FIVE ZONE 5"R 44 R-6 RESIDENTIAL SIX ZONE R-7 RESIDENTIAL SEVEN ZONE MU -3 1R, 31 R-8 RESIDENTIAL EIGHT ZONE 535R,544R MU -3 1R.: U ZONE GRID REFERENCE -2 1R, 159 SCHEDULE NO. 120 -21R OF APPENDIX'A' 159U KITCHENER ZONING BY-LAW 85-1 AND 2019-051 1 165U ZONE LIMITS ZONING BY-LAW AMENDMENT ZBA23/016/C/CD OFFICIAL PLAN AMENDMENT OPA23/010/C/CD City of Kitchener FILE ZBA23016CCD_MAP1 DEVELOPME T SERVICES DEPARTMENT, PLANNING mxd U-2 H 6R1 Tic -1 SUBJECT AREA(S) -7 1 - - 8H AMENDMENT TO BY-LAW 85-1 N _2 1 AREA 1 - MU- _ FROM HIGH INTENSITY MIXED USE CORRIDOR ZONE (MU -3) MU 2 lv� � �lv WITH SPECIAL REGULATION PROVISION 544R TO HIGH INTENSITY MIXED USE CORRIDOR �4 529R MU -2_ ZONE (MU -3) 544R p�� � WITH SPECIAL REGULATION PROVISION 803R U-3 4 } _ Q� p�Q AND HOLDING PROVISION 108H M U-3 5 1 u -z 15H Q Q 4R 544R, 401 5 IQ R-8 N -136R MU -3 719R ^ 412 X R, R-7 108R R-5 1-2 1 R, 1 602R, 154U, 154U, 64H -11R P 1-21R MAP NO. 1 0 50 100 METRES 332 CHARLES GP INC. SCALE 1:4,000 332 CHARLES ST E; CHARLES ST E DATE: AUGUST 22, 2023 BY-LAW 2019-051 RES -4 LOW RISE RESIDENTIAL FOUR ZONE BY-LAW 85-1 CR -1 COMMERCIAL RESIDENTIAL ONE ZONE U D-2 EAST MARKET ZONE 1H 1-1 NEIGHBOURHOOD INSTITUTIONAL ZONE MU -3 1-2 COMMUNITY INSTITUTIONAL ZONE 532 M-2 GENERAL INDUSTRIAL ZONE M R_ MU -2 MEDIUM INTENSITY MIXED USE CORRIDOR _ ZONE 33 R, -3s 541R MU -3 HIGH INTENSITY MIXED USE CORRIDOR SR, R ZONE 1-1 P-1 PUBLIC PARK ZONE P-3 HAZARD LAND ZONE M 5R M R R-5 RESIDENTIAL FIVE ZONE 5"R 44 R-6 RESIDENTIAL SIX ZONE R-7 RESIDENTIAL SEVEN ZONE MU -3 1R, 31 R-8 RESIDENTIAL EIGHT ZONE 535R,544R MU -3 1R.: U ZONE GRID REFERENCE -2 1R, 159 SCHEDULE NO. 120 -21R OF APPENDIX'A' 159U KITCHENER ZONING BY-LAW 85-1 AND 2019-051 1 165U ZONE LIMITS ZONING BY-LAW AMENDMENT ZBA23/016/C/CD OFFICIAL PLAN AMENDMENT OPA23/010/C/CD City of Kitchener FILE ZBA23016CCD_MAP1 DEVELOPME T SERVICES DEPARTMENT, PLANNING mxd NOTICE OF PUBLIC MEETING 1 for a development in your neighbourhood 332 Charles Street East IKITcFTNFR Concept Drawing Til � 10 Mixed 17 Storeys, Floor Space Use 163 Dwelling Ratio of 9.8 Units Have Your Voice Heard! Planning & Strategic Initiatives Committee Date: September 18, 2023 Location: Council Chambers, Kitchener City Hall 200 King Street West arVirtual Zoom Meeting Go to kitchener.ca/meetings and select: • Current agendas and reports (posted 10 days before meeting) • Appear as a delegation • Watch a meeting To learn more about this project, including information on your appeal rights, visit: www.kitchener.ca/ 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: Christine Goulet Sent: Wednesday, July 19, 2023 1:33 PM To: Craig Dumart 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. Thanks, Christine Goulet, C.E.T. Project Manager I Development Engineering I City of Kitchener 519-741-2200 Ext. 7820 1 TTY 1-866-969-9994 1 christine.goulet@kitchener.ca •��i�-�00m00 Page 313 of 399 Craig Dumart From: Trevor Heywood <theywood@grandriver.ca> Sent: Thursday, June 15, 2023 8:52 AM To: Craig Dumart Subject: RE: Circulation for Comment - 332 Charles Street East (OPA/ZBA) Hey Craig, This is not regulated by the GRCA and we have no comment. Thanks, Trevor Heywood Resource Planner Grand River Conservation Authority From: Christine Kompter<Christine.Kompter@kitchener.ca> Sent: Wednesday, June 14, 2023 4:20 PM To: _DL_#_DSD_Planning <DSD-PlanningDivision@kitchener.ca>; Bell - c/o WSP <circulations@wsp.com>; Carlos Reyes <Carlos.Reyes@kitchener.ca>; Darren Kropf <Darren.Kropf@kitchener.ca>; Dave Seller <Dave.Seller@kitchener.ca>; David Heuchert <Dave.Heuchert@kitchener.ca>; David Paetz <David.Paetz@kitchener.ca>; Ellen Kayes <Ellen.Kayes@kitchener.ca>; Enova Power Corp. - Greig Cameron <greig.cameron@enovapower.com>; Enova Power Corp. - Shaun Wang <shaun.wang@enovapower.com>; Planning <planning@grandriver.ca>; Hydro One - Dennis DeRango <landuseplanning@hydroone.com>; Jim Edmondson <Jim.Edmondson@kitchener.ca>; Justin Readman <Justin.Readman@kitchener.ca>; Katherine Hughes<Katherine.Hughes@kitchener.ca>; Mike Seiling <Mike.Seiling@kitchener.ca>; Ontario Power Generation <Executivevp.lawanddevelopment@opg.com>; Park Planning (SM) <Park.Planning@kitchener.ca>; Region - Planning<PlanningApplications@regionofwaterloo.ca>; Property Data Administrator (SM) <PropDataAdmin@kitchener.ca>; Robert Morgan <Robert.Morgan@kitchener.ca>; Steven Ryder <Steven.Ryder@kitchener.ca>; Sylvie Eastman <SyIvie.Eastman@kitchener.ca>; Tom Ruggle <Tom.Ruggle@kitchener.ca>; UW-WUSA (Feds) (pres@wusa.ca) <pres@wusa.ca>; WCDSB - Planning <planning@wcdsb.ca>; WRDSB - Board Secretary (elaine burns@wrdsb.ca) <elaine burns@wrdsb.ca>; WRDSB - Planning <planning@wrdsb.ca> Cc: Craig Dumart <Craig.Duma rt@kitchener.ca> Subject: Circulation for Comment - 332 Charles Street East (OPA/ZBA) 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). 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@kitchen er.ca Page 314 of 399 Craig Dumart From: Deeksha Choudhry Sent: Friday, July 14, 2023 4:07 PM To: Craig Dumart Subject: Fw: Circulation for Comment - 332 Charles Street East (OPA/ZBA) Attachments: department & agency letter -332 Charles Street East.pdf Hi Craig, No heritage planning concerns or issues for this application. Thanks, Kind Regards, Deeksha Choudhry, MSc, BES Heritage Planner) Planning Division I City of Kitchener 519-741-2200 ext. 72911 TTY 1-866-969-9994 deeksha.choudhry@kitchen er.ca 0000-00000 Residents are encouraged to visit kitchener. ca/covid 19 for the most up-to-date information about City services From: Christine Kompter<Christine.Kompter@kitchener.ca> Sent: Wednesday, June 14, 2023 4:20 PM To: _DL_#_DSD_Planning <DSD-PlanningDivision@kitchener.ca>; Bell - c/o WSP <circulations@wsp.com>; Carlos Reyes <Carlos.Reyes@kitchener.ca>; Darren Kropf <Darren.Kropf@kitchener.ca>; Dave Seller <Dave.Seller@kitchener.ca>; David Heuchert <Dave.Heuchert@kitchener.ca>; David Paetz <David.Paetz@kitchener.ca>; Ellen Kayes <Ellen.Kayes@kitchener.ca>; Enova Power Corp. - Greig Cameron <greig.cameron@enovapower.com>; Enova Power Corp. - Shaun Wang <shaun.wang@enovapower.com>; GRCA - Planning (planning@grandriver.ca) <planning@grandrive r.ca>; Hydro One - Dennis DeRango <landuseplanning@hydroone.com>; Jim Edmondson <Jim.Edmondson@kitchener.ca>; Justin Readman <Justin.Readman@kitchener.ca>; Katherine Hughes <Katherine.Hughes@kitchener.ca>; Mike Seiling <Mike.Seiling@kitchener.ca>; Ontario Power Generation <Executivevp.lawanddevelopment@opg.com>; Park Planning (SM) <Park.Planning@kitchener.ca>; Region - Planning <PlanningApplications@regionofwaterloo.ca>; Property Data Administrator (SM) <PropDataAdmin@kitchener.ca>; Robert Morgan <Robert.Morgan@kitchener.ca>; Steven Ryder <Steven.Ryder@kitchener.ca>; Sylvie Eastman <Sylvie.Eastman@kitchener.ca>; Tom Ruggle <Tom.Ruggle@kitchener.ca>; UW-WUSA (Feds) (pres@wusa.ca) <pres@wusa.ca>; WCDSB - Planning <planning@wcdsb.ca>; WRDSB - Board Secretary (elaine_burns@wrdsb.ca) <elaine_burns@wrdsb.ca>; WRDSB - Planning <planning@wrdsb.ca> 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.aspx. 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 ex ensive 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 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: 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: 1. 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 -Terra 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, Brandon Coveney 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.Kompter 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 F]I plan to attend the meeting (questions/concerns/comments for discussion) �''�j% '��"'% o%, LEI No meeting to be held ;a Gjj ❑ I do NOT plan to attend the meeting (no concerns) o/a// Va. 1. Documents Reviewed: / oi�� iii • Architectural Drawings by NEO Architects Inc. //P Or O • Shadow Study by NEO Architects Inc. apiqq 440. • Urban Design Brief- MHBC, May 2023 • Wind Study -Pedestrian Level Wind- Boundary Layer Wind Tunne`I%Laborato"ry 2. Site -Specific Comments & Issues: / 1 have reviewed the updated/revised documentation�noted bel ��w-that has been submitted in support of an OPA and ZBA to allow for a Floor Space Ratio (FSRfiof 8.8 a:nd proposing a Zoning By-law Amendment %�/„ //% to Zoning By-law 85-1 to add a Special Use Provision to// .16w for; a maximum floor space ratio of 8.8; a reduction in parking to 0.4 parking spaces per„dvelling unit with 8% of the required parking as 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 1630/10140,11 residential units 65 vehicle parking spaces and 170 bicycle parking ''% "// 1 spaces. ;�� o,/ 'o,� ',•/, awell 3. Comments on,,Subm'itted D"ocuments 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 "QV/S as detailed bekow // he,Citys Tall„Building Guidelines should be consulted to inform the revised design of the site with respect to the following: k/i/d/1 % a. ;;;Tower design b. Podium characteristics A City for Everyone Working Together— Growing Thoughtfully — Building Community Pa�age 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 refined-tl rough tRe site plan process. The building facades facing Charles Street should conta ain n°appropriate amount of detailing and a articulation, particularly at the podium and towef"Consider adding further architectural expression ' .,"' 1 to the street -facing elevations; explore optionss'to maximize Merest 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 Charles;;Street, you may utilize different digital art on the curtain wall with enhanced lighting to"provde further detailing and a distinguished design. /. "' Tower Design IN • The tower should step back from it""s, :ba'se's minimum of 3m along any street -facing elevations. • The proposed podium along' ,Chi'ar.. Street should be broken down using enhanced detailing and articulation. Amenity area • Required amenity space calculations are contained in the Urban Design Manual and include two parts-one:for a general amenity area and one for children's play facilities in multiple residential developments(2m2 x #units) + (2.5m2 x #bedrooms - #units) = outdoor amenity space. • The Urban"Design Brief should include text and conceptual images that demonstrate the corrirriitment 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 Ralt6cgl1 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" %ai� %ice%Oi% The submitted study should indicate the date and months used for Shadow Analysis^ �' %o �� '%,�oo� '/0 . ii�./� Wind Study - Pedestrian Level Wind — Preliminary Impact Assessment. Boi u:n,Layer Wind Tunnel Laboratory report ''%. A further quantitative wind study coupled with a detailed wind'tunrie`I anaf`ysis will be required as part of the full site plan application package. Due to the siteepos fe <andf=the ,the of the proposed PIN ' . development, wind speeds are expected to be higher than desired -around all building corners. Mitigation measures that can help to reduce wind speeds are Tec' mmended in the submitted wind study. A revised design proposal that addresses th.e: windimpacts outlined in the submitted wind study should be developed. 4. Comments on Submitted Docurnents O/• to Architectural Floor plans- NEO Architecture Inc / %.,i %o ' %V, 0/1 • For tall buildings with retail or other active uses at grade, provide a ground floor height of 4.5m 0 11 (minimum) toiii <permit"a'variety of retail types and activities. • The buflding;facades fronting Charles Street should contain an appropriate amount of glazing and rticulaton, partrcularly 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 Pape 3 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 . /, • Residential and commercial entrances should be clearly identified and offer access fr:am bo�h�t�he public realm and the private parking side of the building. The proposed main entgagce will be/ further enhanced to create visual interest at the street edge. (for example, cantilevered entrance canopy, corrugated -metal panels and fritted glass.!%, '%/o, �''�o • Balconies may be staggered in a creative pattern to lighten the structure?a;nd provide private /' outdoor space for the units. All utility locations, including the meter room and transformer Building -mounted or ground-based AC units should be located Wind assessment and shadow study is required for o own on the layout. blic view and fully and the pedestrian realm. A City for Everyone Working Together — Growing Thoughtfully — Building Community P883 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.selleraakitchener.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 gage 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 '2 cM7 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? 3. 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.eastman00kitchen er 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