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HomeMy WebLinkAboutPSI Agenda - 2023-12-04Planning & Strategic Initiatives Committee Agenda Monday, December 4, 2023, 6:00 p.m. - 11:00 p.m. Council Chambers - Hybrid City of Kitchener 200 King Street W, Kitchener, ON N2G 4G7 People interested in participating in this meeting can register online using the delegation registration form at www.kitchener.ca/delegation or via email at delegation kitchener.ca. Please refer to the delegation section on the agenda below for registration in-person and electronic participation deadlines. Written comments received will be circulated prior to the meeting and will form part of the public record. The meeting live -stream and archived videos are available at www.kitchener.ca/watchnow. *Accessible formats and communication supports are available upon request. If you require assistance to take part in a city meeting or event, please call 519-741-2345 or TTY 1-866-969-9994.* Chair: Councillor P. Singh Vice -Chair: Councillor D. Chapman Pages 1. Commencement 2. Disclosure of Pecuniary Interest and the General Nature Thereof Members of Council and members of the City's local boards/committees are required to file a written statement when they have a conflict of interest. If a conflict is declared, please visit www.kitchener.ca/conflict to submit your written form. 3. Consent Items The following matters are considered not to require debate and should be approved by one motion in accordance with the recommendation contained in each staff report. A majority vote is required to discuss any report listed as under this section. 3.1 None. 4. Delegations Pursuant to Council's Procedural By-law, delegations are permitted to address the Committee for a maximum of five (5) minutes. All Delegations where possible are encouraged to register prior to the start of the meeting. For Delegates who are attending in-person, registration is permitted up to the start of the meeting. Delegates who are interested in attending virtually must register by 4:00 p.m. on December 4, 2023 in order to participate electronically. 4.1 Item 5.1 - Jennifer Passy, Waterloo Catholic District School Board 4.2 Item 5.2 - Evan Wittman and Chris Pidgeon, GSP Group 4.3 Item 5.3 - Kristen Barisdale, GSP Group & Martin Knowles, Marann Homes 4.4 Item 5.4 - Juliane von Westerholt & Trevor Hawkins, MHBC Planning 5. Public Hearing Matters under the Planning Act (advertised) This is a formal public meeting to consider applications under the Planning Act. If a person or public body does not make oral or written submissions to the City of Kitchener before the proposed applications are considered, the person or public body may not be entitled to appeal the decision to the Ontario Land Tribunal and may not be added as a party to a hearing of an appeal before the Ontario Land Tribunal. 5.1 Oficial Plan Amendment Application 15 m 4 OPA23/009/T/CD, Zoning By-law Amendment Application ZBA23/014/T/CD, 50 Thaler Avenue & 300 Kinzie Avenue, City of Kitchener and Waterloo Catholic District School Board, DSD -2023-321 (Staff will provide a 10 -minute presentation on this matter.) 5.2 Zoning By-law Amendment Application 45 m 48 ZBA23/033/B/BB, 117 Bloomingdale Road North, Marann Homes, DSD -2023-427 (Staff will provide a 5 -minute presentation on this matter). 5.3 Official Plan Amendment Application 60 m 124 OPA23/018/BBB, Zoning By-law Amendment Application ZBA23/015/Q/ES , 2150 Bleams Road, Trustees for St. John the Baptist Romanian Orthodox Church; Romanian Orthodox Parish St. John The Baptist, DSD - 2023 -496 (Staff will provide a 5 -minute presentation on this matter). Page 2 of 355 5.4 Official Plan Amendment Application 150 m 214 OPA23/008/B/ES, Zoning By-law Amendment Application ZBA23/012/6/ES - 93-99 Benton Street and 39-43 St. George Street, DSD -2023- 514 (Staff will provide a 5 minute presentation on this matter). 5.5 Annual Zoning By-law Update, DSD -2023-503 15 m 316 (Staff will provide a 5 -minute presentation on this matter). 6. Information Items 6.1 Planning Division Quarterly Report, DSD -2023-504 329 7. Adjournment Marilyn Mills Committee Administrator Page 3 of 355 Staff Report J IKgc.;i' r� R Development Services Department www.kitchener.ca REPORT TO: Planning and Strategic Initiatives Committee DATE OF MEETING: December 4, 2023 SUBMITTED BY: Rosa Bustamante, Director of Planning, 519-741-2200 ext. 7319 PREPARED BY: Craig Dumart, Senior Planner, 519-741-2200 ext. 7073 Adam Zufferli, Student Planner, 519-741-2200 ext. 7074 WARD(S) INVOLVED: Ward 2 DATE OF REPORT: November 6, 2023 REPORT NO.: DSD -2023-321 SUBJECT: Official Plan Amendment Application OPA23/009/T/CD Zoning By-law Amendment Application ZBA23/014/T/CD 50 Thaler Avenue and 300 Kinzie Avenue City of Kitchener and Waterloo Catholic District School Board RECOMMENDATION: That Official Plan Amendment Application OPA23/009/T/CD for the City of Kitchener and Waterloo Catholic District School Board requesting a change of the Urban Structure component on the lands specified and illustrated on Schedule `A' and requesting a change in land use designation on the lands specified and illustrated on Schedule `B', be adopted, in the form shown in the Official Plan Amendment attached to Report DSD -2023-321 as Appendix `A', and accordingly forwarded to the Region of Waterloo for approval; and That Zoning By-law Amendment Application ZBA23/014/T/CD for the City of Kitchener and Waterloo Catholic District School Board be approved in the form shown in the `Proposed By-law', and `Map No. 1', attached to Report DSD -2023-321 as Appendix `B'; and further. 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 subject lands located at 50 Thaler Avenue and 300 Kinzie Avenue. It is planning staff's recommendation that the Official Plan and Zoning By-law Amendment Applications be approved. The proposed Amendments support the land exchange between the City of Kitchener (City) and the Waterloo Catholic District School Board (WCDSB) which will convey the *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 4 of 355 entirety of the City -owned property at 300 Kinzie Avenue to the WCDSB in exchange for a portion of the WCDSB-owned property at 50 Thaler Avenue. • The new park location is a better location for a park within the existing neighbourhood and provides less vehicular conflict and noise from River Road East. The parcel of land the school will receive will allow for a parking lot situated closer to River Road keeping vehicular traffic to the front of the school facing River Road and out of the existing neighbourhood. The lands being swapped are identical in size and there is no net land loss to either party as a result of the land swap. • 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 a large billboard notice sign on the properties; o follow up one-on-one correspondence with members of the public; o Neighbourhood Meeting held on July 27, 2023; o postcard advising of the statutory public meeting was circulated to all residents and property owners within 240 metres of the subject site, those who responded to the preliminary circulation; and those who attended the Neighbourhood Meeting; o notice of the public meeting was published in The Record on November 10, 2023. • This report supports the delivery of core services. EXECUTIVE SUMMARY: The City of Kitchener and the Waterloo Catholic District School Board are proposing to change the Official Plan Urban Structure identification and the land use designation for the lands shown as `Area Von Figure 1 from 'Green Areas' and 'Open Space' to 'Community Areas' and 'Institutional' and for the lands shown as 'Area 2' on `Figure 1 from 'Community Areas' and 'Institutional' to `Green Areas' and `Open Space' in the City of Kitchener Official Plan. The applicant is also proposing to change the zoning for the lands shown as 'Area 1' on `Figure 1 from 'Open Space: Greenways Zone (OSR-2)' to `Neighbourhood Institutional Zone (INS -1)' and to change the zoning for the lands shown as 'Area 2' on 'Figure 1 from `Neighbourhood Institutional Zone (INS -1)' to 'Recreation Zone (OSR-1)' in Zoning By-law 2019-051. The proposed Amendments support the land exchange between the City of Kitchener (City) and the Waterloo Catholic District School Board (WCDSB) which will convey the entirety of the City -owned property at 300 Kinzie Avenue to the WCDSB in exchange for a portion of the WCDSB-owned property at 50 Thaler Avenue to allow for the relocation of a City owned Park from Kinzie Avenue to along Thaler Avenue and a future elementary school fronting on River Road East, Burgetz Avenue and Kinzie Avenue. Staff are recommending that the applications be approved. Page 5 of 355 ,% w H A u S a iw rk. a� w 9 N X Figure 1 — Subject Area Map BACKGROUND: The City of Kitchener (City) and the Waterloo Catholic District School Board (WCDSB) have made applications for an Official Plan Amendment and Zoning By-law Amendment to facilitate a land exchange between the Waterloo Catholic District School Board and the City of Kitchener to allow for the relocation of a City -owned Park from Kinzie Avenue to along Thaler Avenue and a future elementary school fronting on River Road East, Burgetz Avenue and Kinzie Avenue. The lands are split between two components in the City's Urban Structure. The lands known municipally as 300 Kinzie Avenue are shown as `Green Areas' on Map 2 — Urban Structure in the City of Kitchener Official Plan. The lands known municipally as 50 Thaler Avenue are shown as `Community Areas' on Map 2 — Urban Structure in the City of Kitchener Official Plan. The Official Plan designation for the subject lands is split between the two parcels. The lands known municipally as 300 Kinzie Avenue are designated as `Open Space' on Map 3 — Land Use in the City of Kitchener Official Plan. The lands known municipally as 50 Thaler Avenue are designated as `Institutional' on Map 3 — Land Use in the City of Kitchener Official Plan. The application for an Official Plan Amendment to the Urban Structure identification on Map 2 in the City of Kitchener's Official Plan is required to change `Area 1' on Figure 1 from 'Green Areas' to `Community Areas' and for the lands shown as 'Area 2' on `Figure from `Community Areas' to `Green Areas', which will allow the proposed land use designations. Page 6 of 355 The application for an Official Plan Amendment then proposes to change the land use designation on the lands shown as `Area 1' on Figure 1 from `Open Space' to `Institutional' and for the lands shown as `Area 2' on `Figure 1 from `Institutional' to `Open Space'. The existing zoning for the subject lands is split between the two parcels. The lands known municipally as 300 Kinzie Avenue is zoned `Open Space: Greenways Zone (OSR-2)' in Zoning By-law 2019-051. The primary purpose of the `OSR-2' zone is for green space and buffers as part of a comprehensive and connected open space system. This zone also permits a range of open space uses, including parks for both active and passive recreation. The lands known municipally as 50 Thaler Avenue is zoned `Neighbourhood Institutional (INS -1)' in Zoning By-law 2019-051. The `INS -1' zone permits institutional uses up to a maximum gross floor area and does not permit large institutional uses. The application for a Zoning By-law Amendment proposes to change the zoning for the lands shown as `Area Von Figure 1 from `OSR-2' in Zoning By-law 2019-051 to `INS -1' and to change the zoning for the lands shown as `Area 2' on Figure 1 from `INS -1' to `OSR-1' in Zoning By-law 2019-051. Site Context: The subject lands are municipally addressed as 50 Thaler Avenue and 300 Kinzie Avenue. The subject lands are located in the Centreville Chicopee neighbourhood and are bounded by Thaler Avenue to the west, Burgetz Avenue and Kinzie Avenue to the south, River Road to the east, and the rear lot line of residential lots to the north. The surrounding neighbourhood contains a variety of low-rise residential dwelling types on lots of various sizes. The lands at 50 Thaler Avenue are currently vacant. These lands were formerly home to St. Patrick's Catholic Elementary School, which was demolished in 2016. The lands at 300 Kinzie Avenue are currently used as Kinzie Park, a small City park with a playground. Page 7 of 355 Figure 2: Site Context Map Page 7 of 355 REPORT: The subject lands are proposed to be redeveloped with a two-storey Catholic Elementary School and Early Years Learning Centre. The City -owned park is proposed to be relocated. To facilitate the future use of the subject lands, the City of Kitchener (City) will exchange the City -owned lands at 300 Kinzie Avenue for a portion of the lands owned by the Waterloo Catholic District School Board (WCDSB) at 50 Thaler Avenue. The lands shown as `Area 1' on Figure 1 will be conveyed to the WCDSB and will be used as a parking lot for the future school and learning centre. The lands shown as `Area 2' on Figure 1 will be conveyed to the City and where the new City Owned park will be relocated. 'Ibm Road Plar�,t r ,i,,,,, Uaft parre T"halor Avenuo otN Figure 3 — Concept Site Plan 3 RVR,:.2 e ra an Ames; To facilitate the proposed use of the lands, an Official Plan Amendment and Zoning By-law Amendment are required to amend the urban structure and change the land use designation and zoning on the subject lands. The portion of the subject lands known municipally as 50 Thaler Avenue is currently identified and designated `Community Areas' and `Institutional' in the City of Kitchener Official Plan and zoned as `Neighbourhood Institutional Zone (INS -1)' in Zoning By-law 2019-051. The portion of the subject lands known municipally as 300 Kinzie Avenue is currently identified and designated `Green Areas' and `Open Space' in the City of Kitchener Official Plan and zoned as `Open Space: Greenways Zone (OSR-2)' in Zoning By-law 2019-051. Page 8 of 355 The existing Official Plan policies permit a range of institutional uses to be located on a portion of the subject lands addressed as 50 Thaler Avenue and permit a range of open space and recreational uses to be located on a portion of the subject lands addressed as 300 Kinzie Avenue. The application for Official Plan Amendment is needed to change the land use designation on portions of the subject lands in order to facilitate the future use of the lands. The Urban Structure in the City of Kitchener Official Plan is required to be amended to change `Area 1' on Figure 1 from `Green Areas' to `Community Areas' and for the lands shown as `Area 2' on `Figure 1 from `Community Areas' to `Green Areas', which will allow the proposed land use designations. The proposed Official Plan Amendment is to change the land use designation on the lands shown as `Area 1' on Figure 1 from `Open Space' to `Institutional' and for the lands shown as `Area 2' on Figure 1 from `Institutional' to `Open Space'. The application for a Zoning By-law Amendment is needed to change the zoning on portions of the subject lands in order to facilitate the future use of the lands. The proposed Zoning By-law Amendment is to change the zoning on the lands shown as `Area 1' on Figure 1 from `Open Space Greenways Zone (OSR-2)' to `Neighbourhood Institutional Zone (INS -1)' and for the lands shown as `Area 2' on Figure 1 from `Neighbourhood Institutional Zone (INS -1)' to `Recreation Zone (OSR-1)'. There are no Site Specific provisions or Holding provisions associated with this Zoning By- law Amendment application. 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. Page 9 of 355 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, 2020) provides policy direction on matters of provincial interest related to land use planning and development. Section 1.5.1(b) of the PPS (2020) promotes the creation of healthy and active communities through planning and providing for a full range and equitable distribution of publicly -accessible built and natural settings for recreation. Section 1.6 of the PPS (2020) promotes the provision of parkland and open space as green infrastructure to compliment the built environment. The applications for an Official Plan Amendment and a Zoning By-law Amendment would facilitate the revitalization of the vacant lands with institutional uses and parkland to support a healthy and active community. Planning staff is of the opinion that the proposed applications to facilitate the use of the subject lands as a Catholic Elementary School and Early Years Learning Centre and City park are complementary to the surrounding community, helps to foster healthy and active communities, 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 are no concerns with the proposed amendments to 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. 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; Page 10 of 355 b) improve social equity and overall quality of life, including human health, for people of all ages, abilities, and incomes; c) provide a diverse range and mix of housing options, including additional residential units and affordable housing, to accommodate people at all stages of life, and to accommodate the needs of all household sizes and incomes; d) expand convenient access to: i. a range of transportation options, including options for the safe, comfortable and convenient use of active transportation; ii. public service facilities, co -located and integrated in community hubs; iii. an appropriate supply of safe, publicly -accessible open spaces, parks, trails, and other recreational facilities; and iv. healthy, local, and affordable food options, including through urban agriculture; e) provide for a more compact built form and a vibrant public realm, including public open spaces; f) mitigate and adapt to the impacts of a changing climate, improve resilience and reduce greenhouse gas emissions, and contribute to environmental sustainability; and g) integrate green infrastructure and appropriate low impact development. Policy 3.2.8.6 states that new public service facilities, including hospitals and schools, should be located in settlement areas and preference should be given to sites that are easily accessible by active transportation and transit, where that service is available. Policy 4.5.2.2 states that municipalities are encouraged to establish an open space system within settlement areas, which may include opportunities for urban agriculture, rooftop gardens, communal courtyards, and public parks. The Growth Plan supports planning for a range and mix of land uses within neighbourhoods to create complete communities. The Growth Plan emphasizes the importance of active transportation and public transit in providing a range of transportation options to new public service facilities. The Growth Plan also supports planning for parkland within settlement areas. The subject lands are serviced by GRT Route 1 Queen - River and are centrally located within the Centreville Chicopee neighbourhood, enabling access by multiple modes of transportation. The proposed uses of the subject lands will support the development of the Centreville Chicopee neighbourhood as a complete community and provide valuable parkland in a more suitable location. Planning staff is of the opinion that the applications conform to the Growth Plan. Regional Official Plan (ROP): Urban Area policies of the ROP identify that the focus of the Region's future growth will be within the Urban Area. The subject lands are designated Built -Up Area in the ROP. The proposed development conforms to Section 2.F of the ROP as the proposed development supports the achievement of the minimum annual intensification targets within the delineated Built -Up Area. Growth is directed to the Built Up Area of the Region to make better use of infrastructure that can assist in transitioning the Region into an energy efficient, low carbon community. Furthermore, intensification within the Built -Up Area assists the gradual transition of existing neighbourhoods within the Region into 15 -minute Page 11 of 355 neighbourhoods that are compact, well connected places that allow all people of all ages and abilities to access the needs for daily living within 15 minutes by walking, cycling or rolling. The Region of Waterloo have indicated they have no objections to the proposed application (Appendix'D'). Planning staff are of the opinion that the applications conform to the Regional Official Plan as the redevelopment of the subject lands with a future school and park will contribute to the transition of the existing neighbourhood into a 15 minute community. 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. 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. The subject lands are currently split between two components of the urban structure. The lands addressed as 50 Thaler Avenue are currently identified as `Community Areas' in the City's Urban Structure (Map 2). The planned function of Community Areas is to provide for residential uses as well as non-residential supporting uses intended to serve the immediate residential areas, including parkland. Within lands identified as `Community Areas' on Map 2, the applicable land use designation can include Institutional (the current and proposed land use designation), and Open Space (the proposed land use designation). The proposal would have the land use designation on the lands addressed as 50 Thaler Avenue be split between Institutional and Open Space. The lands addressed as 300 Kinzie Avenue are currently identified as `Green Areas' in the City's Urban Structure (Map 2). The planned function of Green Areas is to protect and conserve the ecological functions and features and passive and active recreation that these areas provide. Within lands identified as `Green Areas' on Map 2, the applicable land use designation may be Open Space (the current land use designation) but may not be Institutional (the proposed land use designation). To facilitate the proposed land uses changes, an amendment to the Urban Structure - Map 2 — in the City of Kitchener's Official Plan is required. Staff are supportive of the amendments to the Urban Structure of the subject lands which will amend `Area 1' on Figure 1 from 'Green Areas' to 'Community Areas' and change the lands shown as 'Area 2' on `Figure 1 from `Community Areas' to `Green Areas', which will allow the proposed land use designations. 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 Community Areas and Green Areas but also contributes to the vision for a sustainable and more sustainable city. Page 12 of 355 Land use Desianation The Official Plan designation for the subject lands is split between the two parcels. The lands known municipally as 300 Kinzie Avenue are designated as `Open Space' on Map 3 — Land Use in the City of Kitchener Official Plan while the lands known municipally addressed as 50 Thaler Avenue are designated as `Institutional' on Map 3 — Land Use in the City of Kitchener Official Plan. Institutional The primary use of land within the Institutional land use designation is intended for institutional uses that are of a community or regional nature, such as secondary and post- secondary educational facilities, long-term care facilities and social, cultural and administrative facilities. This land use designation also includes small-scale institutional uses compatible with surrounding uses such as public and private elementary schools, libraries, day care centres, and places of worship. Policy 15.D.7.4 of the City of Kitchener's Official Plan allows for the redesignation of the site to an appropriate alternative land use designation only after examination of the following options for part or all of the site: a) the use of the site for a suitable alternative institutional purpose; b) acquisition of the site or a portion of it by the City for institutional or open space use, based on the park needs of the surrounding area; and, c) the use of the site to meet housing targets, particularly for special needs or affordable housing. The proposed amendment is appropriate and conforms with these policies as the subject lands will be used for the development of a city owned park. Open Space Open Space is a valuable resource to the community and contributes to the quality of life in Kitchener. The primary intent of the Open Space land use category is to provide for a comprehensive and connected open space system of parks and trails, a buffer between land uses, and increase the opportunities for recreation and general enjoyment of an area while having regard for the City's natural areas that not designated as part of the Natural Heritage System. Policy 15.D.10.6. states that an application for the redesignation of Open Space for other purposes may be given due consideration by the City, subject to the application of the other policies in this Plan. However, the City will not be obligated to redesignate or to purchase any land if there is an existing or potential hazard that is not feasible for the owner to overcome. Staff is of the opinion that the proposed Official Plan Amendment and Zoning By-law Amendment will support a development that complies with the City's policies for the Open Space and Institutional land use designations. Complete Communi A complete community creates and provides access to a mix of land uses including a range and mix of housing, including affordable housing, recreation, commerce, community and cultural facilities, health care facilities, employment, parks and open spaces that are distributed and connected in a coherent and efficient manner. A complete community also Page 13 of 355 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 proposal will contribute to a complete community by relocating parkland to a more suitable area in the nieghbourhood and allow for the development of more compatible future school site. These uses are complimentary to the surrounding neighbourhood, which contains a range and mix of low-rise residential housing typologies. City -owned Park: The proposed development will relocate the existing park from its current location at 300 Kinzie Avenue to lands abutting Thaler Avenue. Planning staff is of the opinion that the proposed location for the park is more ideal. The relocated park will be located interior to the subject lands adjacent to residential uses, allowing more households to be within walking distance of valuable community amenity. Transportation Policies: The Official Plan supports an integrated transportation system which incorporates active transportation, allows for the movement of people and goods and promotes a vibrant, healthy community using land use designations and urban design initiatives that make a wide range of transportation choices viable. The subject lands are located along Route 1 Queen -River of the GRT bus network. The proposed Official Plan Amendment and Zoning By-law Amendment Applications support a mix of uses that will contribute to a complete community. The location of the proposed school building 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. Additionally, secured and visitor bicycle parking is required as part of the Zoning By-law. Official Plan Conclusions The application for an Official Plan Amendment is needed to change the urban structure component identification and the land use designation on portions of the subject lands in order to facilitate the future use of the lands. The proposed Official Plan Amendment is to change the urban structure identification and land use designation on the lands shown as `Area 1' on `Figure 1 from `Green Areas' and `Open Space' to `Community Areas' and `Institutional' and for the lands shown as `Area 2' on `Figure 1 from `Community Areas' and `Institutional' to `Green Areas' and `Open Space'. 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: The existing zoning for the subject lands is split between the two parcels. The lands known municipally as 300 Kinzie Avenue are zoned `Open Space: Greenways Zone (OSR-2)' in Page 14 of 355 Zoning By-law 2019-051. The primary purpose of the `OSR-2' zone is for green space and buffers as part of a comprehensive and connected open space system. This zone also permits a range of open space uses, including parks for both active and passive recreation. The lands known municipally as 50 Thaler Avenue are zoned `Neighbourhood Institutional (INS -1)' in Zoning By-law 2019-051. The INS -1 zone permits institutional uses up to a maximum gross floor area and does not permit large institutional uses. The proposed amendments to change the zoning on the two parcels are required to facilitate a land exchange between the City of Kitchener and the Waterloo Region Catholic District School Board. The proposed Zoning By-law Amendment is to change the zoning on the lands shown as `Area Von Figure 1 from `Open Space: Greenways Zone (OSR-2)' to 'Neighbourhood Institutional Zone (INS -1)' and for the lands shown as `Area 2' on Figure 1 from `Neighbourhood Institutional Zone (INS -1)' to `Recreation Zone (OSR-1)' in Zoning By-law 2019-051. There are no Site Specific provisions or Holding provisions associated with this Zoning By-law Amendment Application. Proposed Zoning By-law Amendment Conclusions Staff is of the opinion that the proposed Zoning By-law Amendment Application represents good planning as it will facilitate the redevelopment of the lands with an elementary school and early years learning centre and the relocation of City parkland that is compatible with the existing neighbourhood, which will add visual interest at the street level, provide enhanced landscaping that will contribute to the streetscape, and which will appropriately accommodate on-site parking needs. Staff are supportive of the proposed development and recommend that the proposed Zoning By-law Amendment be approved as shown in Appendix `B'. Department and Agency Comments: Circulation of the Official Plan Amendment and Zoning By-law Amendment was undertaken on June 13, 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 "C" of this report. WHAT WE HEARD 3 people provided comments A City -led Neighbourhood Meetings held on July 27, 2023 and approximately 5 different users logged on. aa, 625 households (occupants and property owners) were circulated and notified Page 15 of 355 Community Input & Staff Responses Staff received written responses from 3 residents with respect to the proposed development. These are included in Appendix 'D'. A Neighbourhood Meeting was held on July 27, 2023. In addition, staff had follow-up one-on-one correspondence with members of the public. A summary of what we heard, and staff responses are noted below. What We Heard Staff Comment Residents support the Staff received emails in support of the proposed amendments and development development from residents who were happy to see of the school and city -owned the lands proposed to be developed with a new city park. park and school for families. The park should not change City of Kitchener Parks staff reviewed the proposed location. Some residents do not new location of Kinzie Park and are supportive of the support relocating the park and land swap and relocation for various reasons: prefer the location of the existing park. 1) Frontage — Thaler Ave. frontage is within a quieter neighbourhood fabric and provides less vehicular conflict and noise from River Road East. 2) Compatible with adjacent residential — Green space adjacent to residential lots backing onto 50 Thaler Avenue are more compatible than drive aisles and parking lot use. 3) Compatible with School Site Design — aligning school green space with adjacent public green space within the site design will allow for improved pedestrian flow. 4) Bus drop-off along River Road East — Keeping vehicular traffic to the front of the school facing River Road creates a buffer between the quieter green space in the rear of the property. Planning Conclusions In considering the foregoing, staff are supportive of the proposed Official Plan Amendment and Zoning By-law Amendment Applications to permit 50 Thaler Avenue and 300 Kinzie Avenue to be developed with an elementary school and early years learning centre and facilitate the relocation of City parkland. Staff is of the opinion that the subject applications are consistent with policies of the Provincial Policy Statement, conform to Growth Plan for the Greater Golden Horseshoe, the Regional Official Plan, and the City of Kitchener Official Plan and represent good planning. It is recommended that the applications be approved. ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN: Page 16 of 355 The recommendation of this report supports the achievement of the City's strategic vision through the delivery of core service. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: 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 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, those responding to the preliminary circulation and who attended the Neighbourhood Meetings. Notice of the Statutory Public Meeting was also posted in The Record on November 10, 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 13, 2023. In response to this circulation, staff received written responses from 3 members of the public, which were summarized as part of this staff report. Planning staff also had one-on-one conversations with residents on the telephone and responded to emails. PREVIOUS REPORTS/AUTHORITIES: • Planning Act, R.S.O. 1990, c. P.13 • Growth Plan, 2020 • Provincial Policy Statement, 2020 • Region of Waterloo Official Plan • City of Kitchener Official Plan (2014) • City of Kitchener Zoning By-law 2019-051 REVIEWED BY: Stevenson, Garett - Manager of Development Review, Planning Division Malone -Wright — Supervisor, Development Applications, Planning Division APPROVED BY: Readman, Justin - General Manager, Development Services APPENDIXS: Appendix A— Proposed Official Plan Amendment Appendix B — Proposed Zoning By-law Amendment Appendix C — Newspaper Notice Appendix D — Department and Agency Comments Appendix E — Public Comments Page 17 of 355 Page 18 of 355 AMENDMENT NO. XX. TO THE OFFICIAL PLAN OF THE CITY OF KITCHENER CITY OF KITCHENER 50 Thaler Avenue and 300 Kinzie Avenue Page 19 of 355 AMENDMENT NO.XX TO THE OFFICIAL PLAN OF THE CITY OF KITCHENER CITY OF KITCHENER 50 Thaler Avenue and 300 Kinzie Avenue 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 December 4, 2023 APPENDIX 2 Minutes of the Meeting of Planning & Strategic Initiatives Committee December 4, 2023 APPENDIX 3 Minutes of the Meeting of City Council Page 20 of 355 AMENDMENT NO.XX TO THE OFFICIAL PLAN OF THE CITY OF KITCHENER SECTION 1 — TITLE AND COMPONENTS This amendment shall be referred to as Amendment No. XX to the Official Plan of the City of Kitchener (2014). This amendment is comprised of Sections 1 to 4 inclusive. SECTION 2 — PURPOSE OF THE AMENDMENT The purpose of the Official Plan Amendment is to amend: • Map 2 —Urban Structure by changing the Urban Structure identification for lands, municipally addressed as 50 Thaler Avenue and 300 Kinzie Avenue as follows: • Map 2 is amended by changing the land use designations of affected lands as follows: o Area 1 - From Green Areas to Community Areas. o Area 2 - From Community Area to Green Areas. • Map 3 — Land Use by redesignating lands, municipally addressed as 50 Thaler Avenue and 300 Kinzie Avenue as follows: • Map 3 is amended by changing the land use designations of affected lands as follows: o Area 1 - From Open Space to Institutional. o Area 2 - From Institutional to Open Space. 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; 3 Page 21 of 355 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, 2020) provides policy direction on matters of provincial interest related to land use planning and development. Section 1.5.1(b) of the PPS (2020) promotes the creation of healthy and active communities through planning and providing for a full range and equitable distribution of publicly -accessible built and natural settings for recreation. Section 1.6 of the PPS (2020) promotes the provision of parkland and open space as green infrastructure to compliment the built environment. The applications for an Official Plan Amendment and a Zoning By-law Amendment would facilitate the revitalization of the vacant lands with institutional uses and parkland to support a healthy and active community. Planning staff is of the opinion that the proposed applications to facilitate the use of the subject lands as a Catholic Elementary School and Early Years Learning Centre and City park are complementary to the surrounding community, helps to foster healthy and active communities, 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 are no concerns with the proposed amendments to 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. Policies 2.2.1.4 states that complete communities will: 4 Page 22 of 355 a) feature a diverse mix of land uses, including residential and employment uses, and convenient access to local stores, services, and public service facilities; b) improve social equity and overall quality of life, including human health, for people of all ages, abilities, and incomes; c) provide a diverse range and mix of housing options, including additional residential units and affordable housing, to accommodate people at all stages of life, and to accommodate the needs of all household sizes and incomes; d) expand convenient access to: i. a range of transportation options, including options for the safe, comfortable and convenient use of active transportation; ii. public service facilities, co -located and integrated in community hubs; iii. an appropriate supply of safe, publicly -accessible open spaces, parks, trails, and other recreational facilities; and iv. healthy, local, and affordable food options, including through urban agriculture; e) provide for a more compact built form and a vibrant public realm, including public open spaces; f) mitigate and adapt to the impacts of a changing climate, improve resilience and reduce greenhouse gas emissions, and contribute to environmental sustainability; and g) integrate green infrastructure and appropriate low impact development. Policy 3.2.8.6 states that new public service facilities, including hospitals and schools, should be located in settlement areas and preference should be given to sites that are easily accessible by active transportation and transit, where that service is available. Policy 4.5.2.2 states that municipalities are encouraged to establish an open space system within settlement areas, which may include opportunities for urban agriculture, rooftop gardens, communal courtyards, and public parks. The Growth Plan supports planning for a range and mix of land uses within neighbourhoods to create complete communities. The Growth Plan emphasizes the importance of active transportation and public transit in providing a range of transportation options to new public service facilities. The Growth Plan also supports planning for parkland within settlement areas. The subject lands are serviced by GRT Route 1 Queen -River and are centrally located within the Centreville Chicopee neighbourhood, enabling access by multiple modes of transportation. The proposed uses of the subject lands will support the development of the Centreville Chicopee neighbourhood as a complete community and provide valuable parkland in a more suitable location. Planning staff is of the opinion that the applications conform to the Growth Plan. Regional Official Plan (ROP): Urban Area policies of the ROP identify that the focus of the Region's future growth will be within the Urban Area. The subject lands are designated Built -Up Area in the ROP. The proposed development conforms to Section 2.F of the ROP as the proposed Page 23 of 355 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 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 as the redevelopment of the subject lands with a future school and park will contribute to the transition of the existing neighbourhood into a 15 minute community. 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. 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. The subject lands are currently split between two components of the urban structure. The lands addressed as 50 Thaler Avenue are currently identified as `Community Areas' in the City's Urban Structure (Map 2). The planned function of Community Areas is to provide for residential uses as well as non-residential supporting uses intended to serve the immediate residential areas, including parkland. Within lands identified as `Community Areas' on Map 2, the applicable land use designation can include Institutional (the current and proposed land use designation), and Open Space (the proposed land use designation). The proposal would have the land use designation on the lands addressed as 50 Thaler Avenue be split between Institutional and Open Space. The lands addressed as 300 Kinzie Avenue are currently identified as `Green Areas' in the City's Urban Structure (Map 2). The planned function of Green Areas is to protect and conserve the ecological functions and features and passive and active recreation that these areas provide. Within lands identified as `Green Areas' on Map 2, the applicable land use designation may be Open Space (the current land use designation) but may not be Institutional (the proposed land use designation). To facilitate the proposed land uses changes, an amendment to the Urban Structure - Map 2 — in the City of Kitchener's Official Plan is required. Staff are supportive of the amendments to the Urban Structure of the subject lands which will amend `Area 1' on Figure 1 from `Green Areas' to `Community Areas' and change the lands shown as Page 24 of 355 `Area 2' on `Figure 1 from `Community Areas' to `Green Areas', which will allow the proposed land use designations. 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 Community Areas and Green Areas but also contributes to the vision for a sustainable and more sustainable city. Land use Desianation The Official Plan designation for the subject lands is split between the two parcels. The lands known municipally as 300 Kinzie Avenue are designated as `Open Space' on Map 3 — Land Use in the City of Kitchener Official Plan while the lands known municipally addressed as 50 Thaler Avenue are designated as `Institutional' on Map 3 — Land Use in the City of Kitchener Official Plan. Institutional The primary use of land within the Institutional land use designation is intended for institutional uses that are of a community or regional nature, such as secondary and post -secondary educational facilities, long-term care facilities and social, cultural and administrative facilities. This land use designation also includes small-scale institutional uses compatible with surrounding uses such as public and private elementary schools, libraries, day care centres, and places of worship. Policy 15.D.7.4 of the City of Kitchener's Official Plan allows for the redesignation of the site to an appropriate alternative land use designation only after examination of the following options for part or all of the site: a) the use of the site for a suitable alternative institutional purpose; b) acquisition of the site or a portion of it by the City for institutional or open space use, based on the park needs of the surrounding area; and, c) the use of the site to meet housing targets, particularly for special needs or affordable housing. The proposed amendment is appropriate and conforms with these policies as the subject lands will be used for the development of a city owned park. Open Space Open Space is a valuable resource to the community and contributes to the quality of life in Kitchener. The primary intent of the Open Space land use category is to provide for a comprehensive and connected open space system of parks and trails, a buffer between land uses, and increase the opportunities for recreation and general enjoyment of an area while having regard for the City's natural areas that not designated as part of the Natural Heritage System. Policy 15.D.10.6. states that an application for the redesignation of Open Space for other purposes may be given due consideration by the City, subject to the application of the other policies in this Plan. However, the City will not be obligated to redesignate or to purchase any land if there is an existing or potential hazard that is not feasible for the owner to overcome. Page 25 of 355 Staff is of the opinion that the proposed Official Plan Amendment and Zoning By-law Amendment will support a development that complies with the City's policies for the Open Space and Institutional land use designations. Complete Community A complete community creates and provides access to a mix of land uses including a range and mix of housing, including affordable housing, recreation, commerce, community and cultural facilities, health care facilities, employment, parks and open spaces that are 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 proposal will contribute to a complete community by relocating parkland to a more suitable area in the nieghbourhood and allow for the development of more compatible future school site. These uses are complimentary to the surrounding neighbourhood, which contains a range and mix of low-rise residential housing typologies. City -owned Park: The proposed development will relocate the existing park from its current location at 300 Kinzie Avenue to lands abutting Thaler Avenue. Planning staff is of the opinion that the proposed location for the park is more ideal. The relocated park will be located interior to the subject lands adjacent to residential uses, allowing more households to be within walking distance of valuable community amenity. Transportation Policies: The Official Plan supports an integrated transportation system which incorporates active transportation, allows for the movement of people and goods and promotes a vibrant, healthy community using land use designations and urban design initiatives that make a wide range of transportation choices viable. The subject lands are located along Route 1 Queen -River of the GRT bus network. The proposed Official Plan Amendment and Zoning By-law Amendment Applications support a mix of uses that will contribute to a complete community. The location of the proposed school building 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. Additionally, secured and visitor bicycle parking is required as part of the Zoning By-law. Official Plan Conclusions The application for an Official Plan Amendment is needed to change the urban structure component identification and the land use designation on portions of the subject lands in order to facilitate the future use of the lands. The proposed Official Plan Amendment is to change the urban structure identification and land use designation on the lands Page 26 of 355 shown as `Area 1' on `Figure 1 from 'Green Areas' and `Open Space' to 'Community Areas' and `Institutional' and for the lands shown as `Area 2' on `Figure 1 from `Community Areas' and `Institutional' to `Green Areas' and `Open Space'. 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 is hereby amended as follows: a) Amend Map No. 2 — Urban Structure by: I. Change Area 1 of Amendment as "Community Areas" instead of "Green Areas", as shown on the attached Schedule "A" and; II. Change Area 2 of Amendment as "Green Areas" instead of "Community Areas", as shown on the attached Schedule "A" b) Amend Map No. 3 — Land Use by: III. Designating Area 1 of Amendment as "Institutional" instead of "Open Space", as shown on the attached Schedule "B" and; IV. Designating Area 2 of Amendment as "Open Space" instead of "Institutional", as shown on the attached Schedule "B". 9 Page 27 of 355 APPENDIX 1 NOTICE OF PUBLIC MEETING ti Ciconc,,ept,Site , Plan, Haw Ybur Viblice Heard! Date: DecemberA.2: ow 3ounclilChamb Kfthoiimior-c�y 114,01 2W Klbg, Street V%st 'Virtuall Zaom Mattling ,Go to kitchenorza/meetings. and selract., -0 0 �rrent, a p i .f,-�r)das arid '(po sxx��d' "10 di'yfs M'fo re i sAprmutir as addegatinn Watcl"It a mef-'riir.�R' 7b [earl Iudfirr�. WWW.,kft4henarxa/ . ...... Plannil gAppkatlons, (I'mr, CrIJ 111K.It J' Craig IIDumaM, Senior PWfnneT cira ig.1du ma rt, @ kitchienerica The City o,f Kft:chener will consider a ppll rcatiorvs to,aimend i1i Offi6al Plan and Zoning' By-law, to fablitatea Iwo dexchan, ge between the" Waterho o Cathok Distf ict Seficicil 9cpard ainil City o IKN,,chw,vi-,' wallow, fe"mr Ole,r4'1""k'?ratk>r1 BIW 't"ll,iii loprrl(""rvl, ,f')f im Crity Fluk along Thaler Avemle. ,and school frorqing g on Rir kc-�,aacl East"O' Buirg ,,,,etz Avenu e and ''I imJie Avenue. Page 28 of 355 APPENDIX 2 Minutes of the Meeting of Planning and Strategic Initiatives Committee — December 4, 2023 11 Page 29 of 355 APPENDIX 3 Minutes of the Meeting of City Council — December 11, 2023 12 Page 30 of 355 O a Z i cl o U LL O N (L LU i i a CF) � a W Q OO m O O ZZM:) H U)Lu M C'4 =JOU O O U) (nN z 0- °' U U Q m z O Y a Z H m z O � c `� Q L a W C� W to .7 co co Co L a1 a) E Z Z W c Z = a) a o - i H m E a� Q W g z i w �OZOO G o E p z Sof Lu E c E c _� �O NU ami V 2 E m E � m E j m E Z W V a Q V O i i O i X C6 U D U U W d Q a - O Q p O QLH QMH W wp Q +, �``' �� Q <n G1 sJ' IIIA Z Q > o �: S, �� imp a �_� ��, Q OIr U) J CO 4-J z LLI m" W Z w O o 0 w U) w N O U) W O w m b C ui O o � > r O o W N i J w a W W U Z W_ Q w U w U) H N Y Z U w Y W O o J o O ~ U Q w 2 U0 Q V OJ O w m J J Q QO f% U LO Z Q IL �i Q U U U � Jm E M O - \ \ a WQ ZZ� (6 i o o r o M a 0 WQ a) (n CIO N C7 = J 0 W CL V) C: 6 O N Q Q CO z z L) 75m O N a Ya W Z C a) N m .2 Z J L a OLL0J U CU ami ami p U)W W i w O = O Q cn O W V 0' �_ E 7 u N a m ami mE� a3E0 Q Z Z W S of Va Q o o @ Q foo foo U z O Q QLD Q�� W a°°i0 L. 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Q O p +{v g$ y$ PROPOSED BY — LAW 2023 BY-LAW NUMBER OF THE CORPORATION OF THE CITY OF KITCHENER (Being a by-law to amend By-law 2019-051, as amended known as the Zoning By-law for the City of Kitchener — City of Kitchener and Waterloo Catholic District School Board. — 50 Thaler Avenue and 300 Kinzie Avenue) WHEREAS it is deemed expedient to amend By-law 2019-051 for the lands specified above; NOW THEREFORE the Council of the Corporation of the City of Kitchener enacts as follows: 1. Zoning Grid Schedule Number 238 of Appendix "A" to By-law 2019-051 is hereby amended by changing the zoning applicable to the parcel of land specified and illustrated as Area 1 on Map No. 1, in the City of Kitchener, attached hereto, from Open Space: Greenways Zone (OSR-2) to Neighbourhood Institutional Zone (INS -1). 2. Zoning Grid Schedule Number 238 of Appendix "A" to By-law 2019-051 is hereby amended by changing the zoning applicable to the parcel of land specified and illustrated as Area 2 on Map No. 1, in the City of Kitchener, attached hereto, from Neighbourhood Institutional Zone (INS -1) to Recreation Zone (OSR-1). 3. Zoning Grid Schedule Numbers 221 and 238 of Appendix "A" to By-law Number 2019-051 are hereby further amended by incorporating additional zone boundaries as shown on Map No.1 attached hereto. 4. This By-law shall become effective only if Official Plan Amendment No. XX (50 Thaler Avenue and 300 Kinzie Avenue) comes into effect, pursuant to Section 24(2) of The Page 33 of 355 Planning Act, R.S.O. 1990, c. P.13, as amended. PASSED at the Council Chambers in the City of Kitchener this day of , 2023. Mayor Clerk Page 34 of 355 Z w a a z Z J O Z O N LU w Q Z ON z Z N Z IN 0Q W LL v E O O O O W = (If j 0 Q Q O N O F Q Q W LL F Z � U ' 1 J J J C) ap N w z U) W w w Z Z Z z> co Q co \ �jLU U) z p Z 0 w w w p w LU p J QN W JU p O z INOU) - - -Ocn ZZ 00 Q 6i C7 fq W O x 0 Z W Www w w=p LU C7 g x Q -- C) z m (� 0 N 0 0 0 Z Of� � Q (i of N Z J (� ci M - z W d d' O Z H a a O W W W J � N Q Z w Z U N M Q Q' m O oQLLJ CL M N(n(nlnOQ Wp O z p 0 Q CV La a Z z 0 x^Q r�zzZLo �_� �zxN 0 0 0 m Q Gi w w m (rw c0wWw���c�� pwp� N J (.) N a z U 0 N_^ w? � � O O O W Z W Q w z W w w x N w w 0- Q J W p�O'�C� NZ—U1E Lu LU of O O� J J J z Z C:) 0-W �{ {I r�. F- IM W w0�Z�W 0Z� J � d' of ch 6 (A U z2Q<-% p :0r w Z crC)Ozwcr00 iU7(ncnQwWw x QUL�� rr w �� U) QQwQHGQwiNH 000 O 02 of af o ? 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("" w4 :. lefieWv,Ace eis ,« e i o c 11, � (:') ii° i7 of C i t Y IL :1 a i" II< Have Your Voice Heard! Planning & Strategic Initiatives Committee Date: December 4, 2023 Location: Council Chambers, Kitchener Citi Hall 200, King Street West oV'irtual Zoom Fleeting Go to kitchener.ca/meetings and select: • Current agendas and reports (posted 10 days before meeting) • Appear as a delegation • Watch a meeting To learn more about this project, including information on your appeal rights, visit: www.kitchenenca/ PlanningApplications or contact: Craig Dumart, Senior Planner craig.dumart@ kitchener.ca 519.741.2200 x7073 The City of Kitchener will consider applications to amend the Official Plan and Zoning By-lawto facilitate a land exchange between the Waterloo Catholic District School Board and the City of Kitchener to allow for the relocation and development of a City -owned Park along Thaler Avenue and a future elementary school fronting on River Road East, Burgetz Avenue and Kinzie Avenue. Page 36 of 355 Internal memo r J I!�CR Development Services Department www.kitchener.ca Date: July 19, 2023 To: Craig Dumart From: Nolan Beatty Subject: Zoning By -Law Amendment and Official Plan Amendment Application 50 Thaler Avenue, 300 Kinzie Avenue City of Kitchener, Waterloo Catholic District School Board ZBA23/014/T/CD OPA23/009/T/CD The below comments have been prepared through the review of the supplied Planning Summary and Opinion letter "50 Thaler Avenue Planning Summary_FINAL.pdf', dated December 2, 2022 prepared by GSP Group Inc.; in support of the above noted applications. General Comments: Engineering is in support of the above applications, and proposed land exchange between the Waterloo Catholic District School Board and the City of Kitchener. Advisory Comments: 2. There is no existing storm sewer main along the Thaler Avenue frontage (proposed park location). Any potential stormwater management required would need to be dealt with on site, or potential agreements made with the adjacent property owner (Waterloo Catholic District School Board) for directing flows onto their property. This may add potential design constraints to park design, or even the need for easements. 3. As part of the development/construction of the new park location, closure of the existing entrance off of Thaler Avenue and relocation of the existing fire hydrant may be required, this would trigger the Engineering off-site works process to be followed. Nolan Beatty, C.E.T. Engineering Technologist Page 37 of 355 ti Region of Waterloo Craig Dumart, MCIP, RPP 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: D17/2/23009 C14/2/23014 July 28, 2023 Re: Proposed Official Plan Amendment OPA23/09 and Zoning By-law Amendment ZBA 23/14 — updated comments 50 Thaler Drive and 300 Kinzie Drive City of Kitchener and Waterloo Catholic District School Board CITY OF KITCHENER The City of Kitchener and the Waterloo Catholic District School Board have submitted an Official Plan Amendment and Zoning By-law Amendment for a development proposal at 50 Thaler Drive and 300 Kinzie Drive (subject lands) in the City of Kitchener. The applicant has proposed the development of the site with a new Elementary School with a childcare centre on the Waterloo Catholic District School property and the City of Kitchener's property. The applicant is proposing to relocate the existing municipal park located at the corner of River Road East and Kinzie Avenue to the rear of the site (along Thaler Avenue) to facilitate the construction of the Elementary School and associated parking lot that will front along River Road. An Official Plan Amendment and Zoning By- law Amendment are required to facilitate the relocation of land for the park and Elementary School. The subject lands are located in the Urban Area and designated Built Up Area in the Regional Official Plan. The subject lands are designated Institutional and Open Space in the City of Kitchener Official Plan and zoned Neighbourhood Institutional (INS -1) and Document Number: 4443075 Version: 1 Page 38 of 355 Open Space: Greenways in Zoning By-law 2019-051. The applicant has requested an Official Plan Amendment to redesignate a part of the property where the existing park area is to Institutional use and the rear of the site from Institutional to the Open Space Designation to permit the relocation of uses to facilitate the construction of the elementary school and park on site. The applicant has requested a Zoning By-law Amendment to permit an elementary school and daycare facility on the portion of the property owned by the City and the park on the lands currently owned by the School Board. 'Land exchanges' are also anticipated with this proposal. The Region has had the opportunity to review the proposal and offers the following: Regional Comments Consistency with Provincial Legislation and Regional Official Plan Conformity The subject lands are designated "Urban Area" and "Built -Up Area" on Map 2 of the Regional Official Plan (ROP) and is designated Institutional and Open Space in the City of Kitchener Official Plan. Within the Urban Area, the Region directs the majority of growth to the Urban Growth Centers, Major Transit Station Areas, Reurbanization Corridors, Major Local Nodes and Urban Designated Greenfield Areas. These areas are planned to have a more compact form with a mix of employment, housing and services in close proximity of each other and higher frequency transit. Regional staff understand that the development proposal is located on a planned cycling route that is within proximity to transit stops. The Region is supportive of the future school and park as they will contribute to the transition of the existing neighbourhood into a 15 minute community. The Region wishes to advise the applicant of the following technical comments related to the proposal: Corridor Planning Environmental Noise: At this location, the proposed school may encounter environmental noise sources due to traffic on River Road East. The proponent must undertake a detailed transportation noise study to assess the potential impacts of transportation noise on the noise - sensitive development and the study must provide recommendations on any noise mitigation measures for the proposed development. The accepted mitigation measures shall be implemented within the building during the construction stage to avoid any retrofit to the development in the future. Implementation of the mitigation measures shall be through a development agreement with the Regional Municipality of Waterloo at a future consent stage (if applicable). The consultant who prepares the Environmental Noise Study must be on the Region of Waterloo's Approved List of Noise Consultants and is responsible for obtaining current Document Number: 4443075 Version: 1 Page 39 of 355 information, applying professional expertise in performing calculations, making detailed and justified recommendations, and submitting the Consultant Noise Declaration and Owner/Authorized Agent Statement. The consultant preparing the Environmental Noise Study must contact Regional staff for transportation data, including traffic forecasts and truck percentages, for the purpose of preparing the Environmental Noise Study. Regional staff will provide this data within three weeks of receiving the request from the noise consultant. Please note that there is a $500 fee for the preparation of the traffic forecasts and review of the Environmental Noise Study. The noise consultant preparing the Environmental Noise Study must submit the transportation data request online via (https:Hrmow.permitcentral.ca/Permit/GroupApplly?groupld=3). As the intent of the application is to reconfigure the location of the City's park and principle land use permits both the school and park, Regional staff strongly recommends that the City of Kitchener require a Transportation noise study at the future site plan application stage for the school. Stationary Noise: Due to the proposed noise sensitive development (school and daycare site) and its proximity to noise sensitive developments (single detached residential uses), Regional staff require a stationary noise study to be prepared for the future school lands. As the application is to reconfigure the location of the City's park and principle land use permits the school and park, Regional staff strongly recommend that the City of Kitchener require a Stationary Noise study at the future site plan application stage to assess stationary noise sources from the building on on-site sensitive points of reception and off-site sensitive land uses. In addition to the above, please be advised that the Region has implemented a standardized peer review process for environmental noise studies. The detailed noise study shall be peer reviewed at the applicant's expense and the current fee for the peer review is $4000.00 + FIST ($4,520.00 Total). This fee shall be required when the detailed study is submitted to the Region. Airport Zoning: Please be advised that the subject lands are located within the Airport Zoning Regulated area and are specifically located under the flight path with a height restriction of 44.5m AGL. The development may be subject to noise and the presence of flying aircrafts. More details shall be required at the site plan stage to ensure the proposed school/day care building and any crane used in the construction of the building will remain below the 44.5m ASL height restriction. Document Number: 4443075 Version: 1 Page 40 of 355 As part of a future consent application, the following noise -warning clause shall be required to be implemented through a registered development agreement with the Regional Municipality of Waterloo: "Prospective tenants are advised that this parcel of land is located within or in close proximity to one of the flight paths leading into and out of the Region of Waterloo International Airport and that directional lighting along this path and noise from aircraft using the flight path may cause concern to some individuals." Site Plan Application Stage: Grand River Transit (GRT)/Transit Planning The subject property is served by Grand River Transit (GRT) Route 1, which travels two ways on both River Road and Kinzie Avenue. This site is served by GRT stop #3480 adjacent to the property to the south on Kinzie Avenue and GRT stop #3479 across on River Road East, each stop consisting of a landing pad. To facilitate transit to the proposed school, transit stop #3480 on Kinzie Ave will be relocated onto the River Road frontage and the applicant will be required to construct a concrete landing pad 9.5m in length and the full width of the boulevard approximately (no less than) 6m from the sidewalk. The exact location of the stop will be determined through the Site Plan Application. In addition, Regional staff recommend that the City of Kitchener provide "no stopping" signage for vehicular traffic on Kinzie Avenue adjacent to the school to facilitate GRT bus and vehicular movements. Risk Management/Part 4 Area of the Clean Water Act Please be advised that the subject lands at 50 Thaler Avenue and 300 Kinzie Avenue, Kitchener are in a source protection area where Risk Management or prohibition polices implemented by the Region of Waterloo may apply; therefore, a Notice of Source Protection Plan Compliance (Valid Section 59 Notice) is required. Under the 2022 Grand River Source Protection Plan, a Risk Management Plan for salt application may be required for proposed and/or altered surface parking and vehicle driveway areas greater than eight (8) parking spaces or 200 square metres. Design considerations with respect to salt management that will form the Risk Management Plan include; minimizing the transport of meltwater across the parking lots or driveways; directing downspouts away from paved areas; and, locating snow storage areas on impermeable (i.e. paved) surfaces that drain directly to catch basins. In addition, a Risk Management Plan for storm water management may be required if any engineered and/or enhanced infiltration features are proposed on site. Please be advised that the subject lands are within a chloride Issue Contributing Area and the Region of Waterloo does not support any engineered and/or enhanced infiltration of runoff originating from paved surfaces within chloride Issue Contributing Areas. Document Number: 4443075 Version: 1 Page 41 of 355 Engineered and/or enhanced infiltration features may include ponds, infiltration galleries, permeable pavers, ditches, swales, oil -grit separators, etc. Please visit the TAPS(https://taps.regionofwaterloo.ca) to determine all applicable source protection plan requirements, and to contact the Risk Management Official (rmo(d,regionofwaterloo.ca) as required. Please allow sufficient time to negotiate the Risk Management Plan, if required, as a notice will not be issued until a signed Risk Management Plan is complete. Hydrogeology and Source Water Protection The subject lands are located in Intake Protection Zone 2; therefore, as part of a future site plan application, a salt management plan shall be required if this requirement is not addressed through a Risk Management Plan as described above. Regional Water Services Please be advised that no connection to regional watermains shall be permitted in accordance with Section. B.2.1.4.1 of the Design Guidelines and Supplemental Specifications for Municipal Services, February, 2022. Fees: The City of Kitchener is the applicant. Regional Application fees do not apply to applications made by the Area Municipalities. Follow Up: Based on the above, the following shall be addressed to the Region's satisfaction prior to City Council's consideration of the Official Plan and Zoning By-law Amendments: 1. Obtain a valid Section 59 Notice. Conclusions: Once the above has been addressed to the Region's satisfaction, the Region has no objection to the above noted applications. The Region of Waterloo strongly recommends that the City of Kitchener require a detailed transportation and stationary noise study at the future site plan stage to ensure there are no impacts from transportation or stationary noise on the noise sensitive development and adjacent noise sensitive land uses. Furthermore, please be advised that any future development on the lands subject to the above -noted application will be subject to the provisions of Regional Development Charge By-law 19-037 or any successor thereof. Document Number: 4443075 Version: 1 Page 42 of 355 Further, please accept this letter as our request for a copy of the decision pertaining to this application. Should you have any questions, please do not hesitate to contact me. Yours truly, Melissa Mohr, MCIP, RPP Senior Planner C. City of Kitchener C/O Karen Leasa (Applicant) Document Number: 4443075 Version: 1 Page 43 of 355 Craig Dumart From: Evelyn McGuffin Sent: Wednesday, September 6, 2023 2:42 PM To: Craig Dumart Subject: Vacant lot at Thaler Av [You don't often get email frorr . Learn why this is important at https://aka.ms/LearnAboutSenderldentification ] Hello Craig I have been away so I just now see the sign for possible options of the lot at Thaler Av Here are my several thoughts: I think a school would be fantastic as Lackner Woods and Chicopee Hills already have portables A school that also could provide play area and soccer and ball diamond etc Or A badly needed community Centre with a pool and recreational facilities- Stanley Park Comm Ctr is small and needs more space and classes are so full and that says we need more recreational opportunities here in this part of Kitchener Lyll Hallman is also small and serves up that way !! What serves in this Thaler area and it is growing leaps and bounds ! Look at the Fergus Development !!! And Briarmeadow area Nothing handy for those families Many new families are buying the older homes and need parks or facilities ' This area is growing substantially and many young families are moving here Along Fairway Rd they are building yet another office strip mall opposite Chicopee School ! We need Parks Play area ! What if we had something like what Orangeville has ?? An amazing play park and water park amd splash area and soccer field. A field for baseball , soccer and play area and splash pad much like the one near Doon ! Imagine how that brings a Community together 1 Page 44 of 355 People need a place to go beside shop ! !! Green space and parks are too few near here lam Close to Springmount Park which got a retrofit but still skimpy and old. Hope it is a wonderful opportunity to make this area better I! Greener and useful for people please Ps crazy I think how Chicopee Hill is amazing green space and it has NO trespassing !!! Thankyou Eve McGuffin Page 45 of 355 From: Ryan Peddle Sent: Tuesday, July 25, 2023 1224 PM To: [raigDumart Subject: Comments regarding St Patrick School Parking Lot You don't often get email from his earn why Hello, thank you for the opportunity to hear from local residents regarding the new Catholic school and the rezoning change to switch the new incoming park with the new incoming parking lot, I'd like to add my voice to others asking for the new park to remain where it is and the parking lot to remain off of Thaler Ave.Reasons: - the new location moves the park 350m towards Idlewood Park, nearby residents don't have another closer park. - Google calculates the new walking time to be 3 minutes, but that is for the average individual. Folks coming to this park are parents/grandpa rents with small children, I think it's fair to call this 5 minutes instead. -Thene and back is now an extra lO minutes at 700m. That is a |o1 of inconvenience for the more vulnerable in our smdety, which leads metothe last point: car commuters tmthe school are hardly, if at all, inconvenienced by the extra 15 seconds of driving time to enter off of Thaler Ave. | understand the planners find this change to be more efficient for land use and not the commute however they are thinking of the employers/employees convenience over that of parents with small children who are more negatively effected but the change. I think the outcome of this change is inherently negative for the residents who live in the area, especially if they are located east ofRiver Rd. Thank you for taking the time to read these comments, Ryan Peddle Page 46 of 355 You don't often get email from Typo inaddress see below. Kennda|SnuUi*ne , Wednesday, June 21'2OJ3212PK1 [migDumart Fwd: 50Thaler and 3O8Kinzie Ave 'Exchange From:Qennda|SouUiere' Date: Wed, Jun 21,2OZ3atl1OPM Subject: 5OThaler and 3OOKinzie Ave -Exchange To: Cc: Dave Schnicler <dave.schnidgE@Lqche[1er.ca> Hi Craig, why jhiqJ5.�� Thank you for the notice of exchange of lands for the Kinzie Park and the new St. Patrick School. Please add me to a contact list for the proposed. I have a couple of comments and concerns on the proposed. I)Engage Kitchener and their consultants put forward their proposed design for Kinzie Park inDecember 2022after months of consultation, What is the plan for this park if the exchange of lands is successful? I hope that the construction tender did not include any updates to Kinzie as originally planned and that the Parks Improvement team is being consulted with. 2) Is the school board or the City undertaking tree inventory and an arborist report? Throughout the current school board property there are many dead trees that need to be removed. |'m curious about what killed these trees if it was caused by the demolition of the previous school, ground contamination, or disease. The current City of Kitchener property has some very mature and healthy trees on the boulevard that I would expect are maintained despite staff parking. 3)Should council and planning approve this exchange, when isthe expected timeline for the build? 3) Both Thaler and River Road are in disrepair. Are either of these roads expected to have improvementsinthe coming years that would need to be planned around the building of a new school? Either new infrastructure or a shave and pave? Thank you for your time, Kennda|5ouUiene Page 47 of 355 Staff Report J IKgc.;i' r� R Development Services Department www.kitchener.ca REPORT TO: Planning and Strategic Initiatives Committee DATE OF MEETING: December 4, 2023 SUBMITTED BY: Rosa Bustamante, Director of Planning, 519-741-2200 ext. 7319 PREPARED BY: Brian Bateman, Senior Planner, 519-741-2200 ext. 7869 WARD(S) INVOLVED: Ward 2 DATE OF REPORT: REPORT NO. November 3, 2023 DSD -2023-427 SUBJECT: 117 Bloomingdale Road North Zoning By-law Amendment Application ZBA23/033/B/BB Marann Homes RECOMMENDATION: That Zoning By-law Amendment Application ZBA23/033/B/BB requesting to amend Zoning By-law 2019-051, be approved in the form shown in the Proposed `Proposed By-law', and `Map No. 1' attached to this report as Attachments 'Al' and `A2'; and, That the Urban Design Brief, attached to this report as Attachment `B', be adopted and used to inform a future Site Plan Application. REPORT HIGHLIGHTS: The purpose of this report is to evaluate and provide a planning recommendation regarding a Zoning By-law Amendment Application for the property located at 117 Bloomingdale Road North in Bridgeport East. It is Planning staff's recommendation that the Zoning By-law Amendment Application be approved. The proposed application represents an opportunity to provide a low- rise multiple dwelling building form on a Regional roadway in the Bridgeport East community. Community engagement included: o circulation of a preliminary notice to property owners and residents within 240 metres of the subject site; o installation of a large billboard notice sign on the property; o follow up one-on-one correspondence with members of the public who responded to the circulation or saw the billboard sign; o Neighbourhood Meeting held on October 4, 2023. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 48 of 355 o notice advising of the statutory public meeting was circulated to all property owners and residents within 240 metres of the subject site, and those who responded to the preliminary circulation, and o notice of the public meeting was published in The Record on November 10, 2023. • This report supports the delivery of core services. EXECUTIVE SUMMARY: The owner of the subject lands addressed as 117 Bloomingdale Road is proposing to change the zoning from Residential Three (R-3) with Special Regulation Provision 1 R in Zoning By-law 85-1 to Low Rise Residential Five Zone (RES -5) with Site Specific Provision (383), Natural Conservation Zone (NHC-1) and Holding Provision (57) to allow for the development of 40 stacked townhouse units with 46 surface parking spaces. Staff are recommending that the application be approved. Figure 1 — Existing Site Conditions Aerial Photograph REPORT: The subject property, known municipally as 117 Bloomingdale Road (and described legally as Part of Lot 71, German Company Tract), is located in the Bridgeport East community, on the north side of Bloomingdale Road (Regional Road 20), and directly opposite the three-way intersection with Stanley Avenue. The lot has approximately 67 metres of frontage along Bloomingdale Road, while the rear lot line runs along the south bank of the Grand River. The property has a depth of approximately 110 metres along the westerly side lot line to approximately and 134 metres along the easterly side lot line. The lot has a total area of approximately 8,119 square metres (0.812 ha). The site is relatively flat for the majority of the property with the exception of a steep slope at the rear of the lot along the edge of the Grand River. Accordingly, this rear portion of the site is designated `Natural Heritage Conservation' on Map 3 -Land Use of the City of Kitchener's Official Plan, while the remainder of the property is designated `Low -Rise Page 49 of 355 Residential'. The rear portion is also identified as a Slope Erosion Hazard area on Map 7 - Natural Hazards of the Official Plan. Figure 2- Development Concept The applicant is proposing to redevelop the subject property by demolishing the existing buildings and existing single detached dwelling and redeveloping the site with four stacked townhouse dwellings with a total of 40 dwelling units. The existing single detached dwelling is to be removed. The Owner has advised that the current resident has been provided one year notice to relocate. Error! Reference source not found. shows a site plan drawing of the proposed redevelopment. The proposed redevelopment includes two outdoor amenity areas: one between Buildings 1 and 2 and the other between Buildings 3 and 4. Vehicle parking is provided at a rate of one (1) parking space per dwelling unit plus 15% for visitor parking, Page 50 of 355 for a total of 46 parking spaces. The driveway access point has been moved from the west end of the front lot line to the east, directly opposite the end of Stanley Avenue. 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 51 of 355 To support provincial policies relating to the optimization of infrastructure, transit and active transportation, the proposed zoning facilitates a low rise form of development which efficiently uses the lands, is in close proximity to transit options, and makes efficient use of both existing roads and active transportation networks. The lands are serviced and are in proximity to parks, trails and other community uses. Provincial policies are in support of providing a broad range of housing. Planning staff is of the opinion that the proposed application will facilitate the intensification of the subject property with a low-rise development that is compatible with the surrounding community, helps manage growth, is transit -supportive and will make use of the existing infrastructure. No new public roads would be required for the proposed development and Engineering staff have confirmed there is capacity in the sanitary sewer to permit intensification on the subject lands. Based on the foregoing, staff is of the opinion that this proposal is in conformity with the PPS. A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 (Growth Plan): The Growth Plan supports the development of complete and compact communities that are designed to support healthy and active living, make efficient use of land and infrastructure, provide for a range, and mix of housing types, jobs, and services, at densities and in locations which support transit viability and active transportation. Policies of the Growth Plan promote growth within strategic growth areas including major transit station areas, in order to provide a focus for investments in transit and other types of infrastructure. Policy 2.2.6.1(a) states that municipalities will support housing choice through the achievement of the minimum intensification and density targets in this plan by identifying a diverse range and mix of housing options and densities, including additional residential units and affordable housing to meet projected needs of current and future residents. 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; Page 52 of 355 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 that can accommodate a range of household sizes to better utilize existing infrastructure can provide access to transit and other amenities. Planning staff is of the opinion that the application conforms to the Growth Plan. Regional Official Plan (ROP): The subject lands are designated as Urban Area and Built -Up Area on Schedule 3a of the Regional Official Plan (ROP). Chapter 2 of the ROP directs the "vast majority" of growth to be located in the "key structural components" of the Region's Urban System (No. 2.A.3(a)), including the delineated built-up areas shown on Map 2 within which the Subject Property is located. ROP Policy No. 2.B.1.1(c) states that growth in the delineated built-up areas should be accommodated "through gentle density and a broader range of missing middle housing options." The ROP's definition of "missing middle housing" defines the term as "multiple unit housing including, but not limited to multiplexes, stacked townhouses, apartments, and other low-rise housing options," while "gentle density" is defined as "development or redevelopment in Urban Areas or Township Urban Areas with a slightly higher density than adjacent single -detached (or lower density) neighborhoods." The proposed development of the subject property fully fits this description and thus represents exactly the type of growth and development envisioned in this section of the ROP. The General Intensification Policies in Section 2.D.5 further emphasize the importance of these forms of housing, as they call upon the Region's area municipalities to "establish policies in their official plans and implementing zoning by-laws, to permit missing middle housing on a residential lot located within an Urban Area" (No. 2.D.5.1). In the opinion of staff, this proposal conforms to the ROP, as amended by ROPA 6, which supports `missing middle' housing forms such as the ones being proposed, within established residential areas. Land Use Compatibility A Land Use Compatibility Study for Noise (LUCSN) was undertaken by the owner to assess potential impacts of noise generated by the industrial use on the adjacent property, identified an "excavation service dispatch facility." The study finds that sound levels "at the north, east, and south facades at the townhouse blocks closest to the adjacent facility have the potential to exceed the MECP guideline limits by 5 dB during daytime hours, and 7 dB during nighttime hours". The report therefore recommends that the proposed development incorporate 3 -metre -tall noise barriers along a section of the east property line that is shared with the excavation dispatch facility, and that the dwellings be designed so that "the eastern fagade facing the existing excavation dispatch facility" will "not have windows open to noise -sensitive spaces" It further recommends that standard warning clauses be included in all property and tenancy agreements and in all offers of purchase and sale, in accordance with MECP guidelines. Overall, the LUCSN finds that "the Page 53 of 355 proposed development is feasible with the noise control measures described in Section 4, which can attenuate the sounds levels from the adjacent industry to meet the MECP guideline levels". The Region of Waterloo is the approval authority for this study. It is currently under review and Planning staff are recommending a Holding Provision until the study is fully accepted and approved by the Region. Staff have incorporated the Holding Provision within the proposed By-law attached to this report. City of Kitchener Official Plan (OP) Urban Structure The subject lands are identified as a `Community Areas' in the City's Urban Structure (Map 2). The planned function of Community Areas is to provide residential uses as well as non- residential supporting uses intended to serve the immediate residential areas. Community Areas may have limited intensification with development being sensitive and compatible with the character, form, and planned function of the surrounding context. Land Use Designation The subject lands are designated Low Rise Residential in the City's Official Plan (Map 3). Low Rise Residential areas are intended to accommodate a full range of low density housing types including single detached, semi-detached, townhouse, and low-rise multiple dwellings. The Low Rise Residential designation states that the City will encourage and support the mixing and integrating of innovative and different forms of housing to achieve and maintain a low-rise built form. No buildings shall exceed 3 storeys or 11 metres in height. No Official Plan amendment is required to implement the Zoning By-law Amendment application. Planning staff is of the opinion that the requested Zoning By-law Amendment will facilitate a cluster stacked townhouse building form that conforms with the Low Rise Residential land use designation in the City's Official Plan. Transportation The City's Official Plan contains policies to develop, support, and maintain a complete, convenient, accessible and integrated transportation system that incorporates active transportation, public transit, and accommodates vehicular traffic. In regard to alternate modes of transportation, objectives of the Official Plan include promoting land use planning and development that is integrated and conducive to the efficient and effective operation of public transit and encourages increased ridership of the public transit system. The City shall promote and encourage walking and cycling as safe and convenient modes of transportation. The proposed development aims to increase density on an existing site that is served by public transit, with access to Grand River Transit Routes 5 along with bike lanes on Bloomingdale Road and sharrows over the Lancaster/Bridge Street bridge. Staff is therefore of the opinion that the requested Zoning By-law Amendment conforms with the transportation policies of the City's Official Plan. Environmental Considerations Page 54 of 355 Given proximity to Natural Heritage Conservation lands and existing vegetation along the rear of the site, a scoped Environmental Impact Study (EIS) and Tree Management Plan (TMP) for the proposed development was prepared in support of the application. These reports have been reviewed and accepted by staff. Any recommendations will be implemented through the site plan approval process. The Region has requested a Holding Provision be applied to the zoning pending their final acceptance of the EIS. Staff has included it in the proposed Zoning By-law attached to this report. Slope Stability Given the proximity to the Grand River, Official Plan policy requires a slope stability analysis. This assessment has been carried out by the applicant and reviewed by both GRCA and City staff. The assessment has been accepted by Environmental Planning and GRCA staff and areas affected by slope stability are zoned Natural Conservation (NHC-1) Zone where development is not permitted. Urban Design The City is committed to achieving a high standard of urban design, architecture and place -making to positively contribute to quality of life, environmental viability and economic vitality. Urban design is a vital component of city planning and goes beyond the visual and aesthetic character of individual buildings and also considers the functionality and compatibility of development as a means of strengthening complete communities. Urban Design policies in the 2014 Official Plan support creating visually distinctive and identifiable places, structures and spaces that contribute to a strong sense of place and community pride, a distinct character and community focal points that promote and recognize excellence and innovation in architecture, urban design, sustainable building design and landscape design. The City will require high quality urban design in the review of all development applications through the implementation of the policies of the Official Plan and the City's Urban Design Manual. An Urban Design Brief has been submitted in support of the application to demonstrate how the development achieves the objectives of the Official Plan and Urban Design guidelines. The Brief has been reviewed and accepted by the City's Urban Design staff. The Brief is attached to this report and will help inform the future site plan application. Housing The City's primary objective with respect to housing in the Official Plan is to provide for an appropriate range, variety and mix of housing types and styles, densities, tenure and affordability to satisfy the varying housing needs of our community through all stages of life. This low rise multiple dwelling proposal is a "missing middle" housing type and provides an option that bridges the gap between high density residential towers and single detached dwellings. The proposed housing type is an important segment in Kitchener's housing continuum. Policy 4.C.1.9. Residential intensification and/or redevelopment within existing neighbourhoods will be designed to respect existing character. A high degree of sensitivity to surrounding context is important in considering compatibility. Page 55 of 355 Policy 4.C.1.12. The City favours a land use pattern which mixes and disperses a full range of housing types and styles both across the city as a whole and within neighbourhoods. Policy 4.C.1.22: The City will encourage the provision of a range of innovative housing types and tenures such as rental housing, freehold ownership and condominium ownership including common element condominium, phased condominium and vacant land condominium, as a means of increasing housing choice and diversity. Based on the above housing policies, staff is of the opinion that the application conforms to the Official Plan. Policy Conclusion Planning staff are of the opinion that the proposed Zoning By-law Amendment is consistent with policies of the Provincial Policy Statement, conforms to the Growth Plan for the Greater Golden Horseshoe, the Regional Official Plan and the City of Kitchener Official Plan, and represents good planning. Proposed Zoning By-law Amendment: This application proposes an amendment to both Zoning By-law No. 85-1 and Zoning By- law No. 2019-051. The Subject Property is currently zoned Low Rise Residential Three (R- 3) with Special Regulation Provision 1 R in Zoning By-law No. 85-1. The purpose of the proposed amendment is to remove the subject property from Zoning By-law No. 85-1 and to change the zoning to a combination of RES -5 (Low -Rise Residential Five Zone) and NHC-1 (Natural Conservation Zone) in Zoning By-law No. 2019-051. The proposed amendment also adds site-specific provisions to permit small increases to the maximum Floor Space Ratio (FSR) and maximum building height, as well as a Holding Provision to require a Record of Site Condition before the proposed development may proceed. An amending by-law has been included as Attachments 'Al' and `A2' to this report. Site -Specific Provision (383) proposed the following site specific regulations: a. Permit a minimum front yard setback of 4.5 metres; b. Permit a maximum Floor Space Ratio of 0.68 and; c. Permit a maximum building height of 12.5 metres. Front Yard Setback: The front yard setback is governed by setbacks of the adjacent properties in accordance with Section 7.6. Existing front yard setbacks vary considerably along Bloomingdale Road which is further complicated by a varying road allowance (road widening dedications have not been provided for all lots). As such, the applicant has requested 4.5 metres, which is the typical front yard setback minimum requirement that, given a road widening dedication to the Region is appropriate because setbacks are inconsistent and will serve as an adequate distance for the proposed residential use. Floor Space Ratio (FSR City policy stipulates a maximum FSR of 0.6 in the Low -Rise Residential land use designation. An increase to 0.75 is permissible without an amendment to the Official Plan. The requested 0.68 is considered a minor increase over 0.6 thereby maintaining the intent Page 56 of 355 of the OP. Given the location and the surrounding context the impact associated with this minor increase is considered negligible. Maximum Building Height The Zoning By-law allows up to 11 metres in building height. Official Plan policy 15.D.3.12permits building heights of up to 14 metres on lands that are adjacent to Regional roadways. Bloomingdale Road is a Regional roadway and therefore the requested increase to 12.5 metres conforms to the Official Plan. Holdinq Provision (57H) A Holding Provision is proposed to require a Record of Site Condition and Ministers Acknowledgement Letter, to the satisfaction of the Region of Waterloo, prior to any residential use being permitted. Proposed Zoning By-law Amendment Conclusions Staff is of the opinion that the proposed Zoning By-law Amendment to change the zoning of the subject lands to RES -5 with Site Specific Provision (383) and Holding Provision (57H) represents good planning as it will facilitate the redevelopment of the lands with a 40 -unit multiple dwelling that is supported by policy, compatible with the existing neighbourhood, serviceable and functional and which will add visual interest along the streetscape. Staff are supportive of the proposed development and recommend that the proposed Zoning By-law Amendment be approved as shown in Attachments 'Al' and `A2'. Department and Agency Comments: Circulation of the Zoning By-law Amendment Application was undertaken in September to all applicable City departments and other review authorities. No major concerns were identified by any commenting City department or agency and any necessary revisions and updates were made. Copies of the comments are found in Attachment `C' of this report. The following Reports and Studies were considered as part of the proposed Zoning By-law Amendment: These include a Planning Justification Report, Urban Design Brief, Environmental Impact and Slope Stability Analysis, Functional Servicing and Storm Water Management Report, and Land Use Compatibility and Noise Study. WHAT WE HEARD Two (2) people provided written comments A City -led Neighbourhood Meetings held on October 4, 2023, and approximately ten (10) different users to99 ed on 101 households (occupants and property owners) were circulated and notified Page 57 of 355 Staff received written responses from two residents with respect to the proposed development. These are included in Attachment `D'. A Neighbourhood Meeting was held on October 4, 2023. In addition, staff had follow-up one-on-one correspondence with members of the public. A summary of what we heard, and staff responses are noted below. What We Heard Staff Comment There are not enough parking The applicant is proposing 46 parking spaces which spaces for the 40 units. meets the minimum parking requirement of 1.15 parking spaces per dwelling unit in Zoning By-law 2019-051. A Traffic Impact Study (TIS) Bloomingdale Road North is a Regional roadway. should be requested. Regional roadways are designed and designated to carry very large volumes of traffic. The development proposes 40 dwelling units with a single access point onto Bloomingdale Road directly opposite Stanley Avenue. As such, a TIS is not warranted, and the Region did not request the preparation of a Traffic Impact Study (TIS) as a requirement of application submission. Development moratorium in The moratorium was lifted by the Region of Waterloo Bridgeport East community. after the roundabout at Bridge Street and Lancaster Street was constructed. There is already too much traffic Bloomingdale, Bridge and Lancaster are all Regional along Bloomingdale Road and at roadways designated to carry larger volumes of the Bridge Street and Lancaster vehicular traffic. To address this concern, Roundabout. Transportation Services has provided the following information (complied from multiple stakeholders, including the Region): • Regional staff have advised that the current levels of service at the Bridge Street/Lancaster Street roundabout are generally acceptable. There is some queueing that is occurring on Lancaster Street between Bridge Street and Bridgeport Road in the PM peak caused by the interaction of the traffic signal at Bridgeport Road and the roundabout, and higher volumes of vehicle commuters. • Based on the Region's growth model, the level of service at the roundabout in the peak hours is expected to remain the same or deteriorate slightly. • There are capacity constraints that prevent increasing vehicle capacity at the roundabout on all three legs that limit the amount of traffic that can access the roundabout. There have Page 58 of 355 been several Environmental Assessments that have occurred on all three legs of the roundabout to consider road widenings. The results of these studies have consistently shown the impact was too great to the natural, social and economic environments to widen either Lancaster Street or Bridge Street (including the consideration of a new bridge to twin the existing Bridgeport Bridge). When the Bridgeport Bridge area Environmental Assessment was undertaken many options were considered. The preferred option was to rehabilitate the exiting historical bridge structure and add the roundabout due to significant natural, social and economic impacts of the alternatives. • There are no plans to modify the roundabout to increase vehicle traffic capacity given engineering constraints identified through the Environmental Assessments. There is no technical, financial, or environmentally sustainable way to accommodate more capacity at this location, except by significantly increasing the modal share of non -auto trips. The Region's long-term plan is to increase the person carrying capacity of its transportation network by improving transit service (for medium and longer distance trips), the cycling network (for short and medium distance trips), and walking (for short trips). There are plans in the area to improve the cycling infrastructure to Triple A facilities (All Ages and Abilities) along Bridgeport Road and Erb Street (from Uptown Waterloo to Lancaster Street) and along Lancaster Street (south of Bridgeport Road). • With the new Highway 7, volumes at the roundabout are expected to be reduced in the future as this is a known alternative for auto trips to and from the Guelph area. The Province has been moving forward with purchasing land and design. MTO has commenced the design build process to widen the Frederick Street bridge to accommodate new highway interchange ramps. This is one of the last major infrastructure projects to be undertaken before mainline construction can occur for the new Highway 7. While full funding is not identified in the Provincial Highway Programs at this time, Page 59 of 355 Planning Conclusions: In considering the foregoing, staff are supportive of the Zoning By-law Amendment. Staff is of the opinion that the subject application is consistent with policies of the Provincial Policy Statement, conforms to Growth Plan for the Greater Golden Horseshoe, the Regional Official Plan, and the City of Kitchener Official Plan and represent good planning. Staff recommends that the application be approved. The proposed application represents an opportunity to provide more `missing middle' housing that addresses a need in our community. STRATEGIC PLAN ALIGNMENT: The recommendation of this report supports the achievement of the City's strategic vision through the delivery of core service. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget - Bill 109, More Homes for Everyone Act, 2022 introduced a requirement for a municipality to refund planning application fees if a decision is not made within a prescribed timeframe. Decisions on Zoning By-law Amendments are required within 90 days to retain planning application fees, for applications received after July 1, 2023. A decision must be made by Council prior to December 11, 2023, or the Planning Division must issue an application fee refund of $12,800.00, being 50% of the $25,600.00 Major Zoning By-law Amendment Application fee. The Planning Division does not have a funding source or budget for refunding planning application fees. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Council / Committee meeting. A large notice sign was posted on the property and information regarding the application was posted to the City's website in September 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, those responding to the preliminary circulation and who attended the Neighbourhood Meeting of October 4, 2023. Notice of the Statutory Public Meeting was also posted in The Record on November 10, 2023 (a copy of the Notice may be found in Attachment C). Page 60 of 355 the Province has continued to be committed to moving new Highway 7 along to construction. Stacked townhouses are not While stacked townhouses are not common in compatible with the Bridgeport Bridgeport East, there are a number of 3 storey East neighbourhood. multiples including one directly across the street from this development. Moreover, the City's Official Plan and the Region's Official Plan through ROPA 6 support the inclusion of a variety of low-rise housing forms within residential neighbhouroods. Compatibility is also not defined as "the same as", it can be similar to or exiting in harmony. Planning Conclusions: In considering the foregoing, staff are supportive of the Zoning By-law Amendment. Staff is of the opinion that the subject application is consistent with policies of the Provincial Policy Statement, conforms to Growth Plan for the Greater Golden Horseshoe, the Regional Official Plan, and the City of Kitchener Official Plan and represent good planning. Staff recommends that the application be approved. The proposed application represents an opportunity to provide more `missing middle' housing that addresses a need in our community. STRATEGIC PLAN ALIGNMENT: The recommendation of this report supports the achievement of the City's strategic vision through the delivery of core service. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget - Bill 109, More Homes for Everyone Act, 2022 introduced a requirement for a municipality to refund planning application fees if a decision is not made within a prescribed timeframe. Decisions on Zoning By-law Amendments are required within 90 days to retain planning application fees, for applications received after July 1, 2023. A decision must be made by Council prior to December 11, 2023, or the Planning Division must issue an application fee refund of $12,800.00, being 50% of the $25,600.00 Major Zoning By-law Amendment Application fee. The Planning Division does not have a funding source or budget for refunding planning application fees. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Council / Committee meeting. A large notice sign was posted on the property and information regarding the application was posted to the City's website in September 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, those responding to the preliminary circulation and who attended the Neighbourhood Meeting of October 4, 2023. Notice of the Statutory Public Meeting was also posted in The Record on November 10, 2023 (a copy of the Notice may be found in Attachment C). Page 60 of 355 CONSULT — The proposed Zoning By-law Amendment Application was circulated to residents and property owners within 240 metres of the subject lands on September 18, 2023. In response to this circulation, staff received written responses from two members of the public, which are attached to this report as Attachment `E'. Planning staff also had one- on-one conversations with residents on the telephone and responded to emails. PREVIOUS REPORTS/AUTHORITIES: • Planning Act, R.S.O. 1990, c. P.13 • Growth Plan, 2020 • Provincial Policy Statement, 2020 • Region of Waterloo Official Plan & ROPA 6 • City of Kitchener Official Plan, 2014 • City of Kitchener Zoning By-laws 85-1 & 2019-051 REVIEWED BY: Garett Stevenson, Manager of Development Review, Planning Division Tina Malone -Wright, Supervisor Development Applications, Planning Division APPROVED BY: Readman, Justin - General Manager, Development Services ATTACHMENTS: Attachment Al — Proposed By-law Attachment A2 — Map No. 1 Attachment B — Urban Design Brief Attachment C — Newspaper Notice Attachment D — Department and Agency Comments Attachment E — Neighbourhood Comments Page 61 of 355 PROPOSED BY-LAW 12023 OF THE CORPORATION OF THE CITY OF KITCHENER (Being a by-law to amend By-law No. 85-1, as amended, and By-law 2019-051, as amended, known as the Zoning By-laws for the City of Kitchener — Marann Homes Limited — 117 Bloomingdale Road) WHEREAS it is deemed expedient to amend By-law 85-1 and By-law 2019-051 for the lands specified above; NOW THEREFORE the Council of The Corporation of the City of Kitchener enacts as follows: 1. Schedule Number 135 of Appendix "A" to By-law Number 85-1 is hereby amended by removing 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. 2. Zoning Grid Schedule Number 135 of Appendix "A" to By-law Number 2019- 051 is hereby amended by adding thereto the lands specified and illustrated as Area 1 on Map No. 1, in the City of Kitchener, attached hereto, and by zoning the Area 1 lands thereafter as Low Rise Residential Five Zone (RES - 5) with Site -Specific Provision (383) and Holding Provision (57H). 3. Zoning Grid Schedule Number 135 of Appendix "A" to By-law Number 2019-051 is hereby amended by adding thereto the lands specified and illustrated as Area 2 on Map No. 1, in the City of Kitchener, attached Page 62 of 355 C! 5 C:1 VA hereto, and by zoning the Area 2 lands thereafter as Natural Conservation Zone (NHC-1). Zoning Grid Schedule Number 135 of Appendix "A" to By-law Number 2019-051 is hereby further amended by adding thereto the lands specified and illustrated as Area 3 on Map No. 1, in the City of Kitchener, attached hereto, and by zoning the Area 3 lands thereafter as Natural Conservation Zone (NHC-1). Zoning Grid Schedule Number 135 of Appendix "A" to By-law Number 2019-051 is hereby further amended by incorporating additional zone boundaries as shown on Map No. 1 attached hereto. Section 19 of By-law Number 2019-051 is hereby amended by adding Site -Specific Provision (383) thereto as follows: "(383) Notwithstanding Section 7.3 of this By-law, within the lands zoned RES -5 and shown as being affected by this subsection on Zoning Grid Schedule Number 135 of Appendix "A", the following site- specific provision shall apply: a) The minimum front yard shall be 4.5 metres. b) There shall be no maximum front yard. c) The maximum Floor Space Ratio (FSR) shall be 0.65; d) The maximum building height shall be 13.0 metres." Section 20 of By-law Number 2019-051 is hereby amended by adding Section (57H) thereto as follows: "(57H) Notwithstanding Section 7 of this By-law, within the lands zoned RES -5 and shown as being affected by this subsection on Zoning Grid Schedule Number 135 of Appendix "A", only those uses that lawfully existed on the date of passing of this By-law shall be permitted until such time as: Page 63 of 355 a) a Record of Site Condition (RSC) for the lands affected by this subsection has been filed on the Ministry of the Environment, Conservation and Parks (MECP) Environmental Site Registry in accordance with O. Reg. 153/04, as amended. This Holding Provision shall not be removed until the Regional Municipality of Waterloo is in receipt of a letter from the Ministry of the Environment, Conservation and Parks (MECP) advising that a Record of Site Condition has been filed; and submitted and approved to the satisfaction of the Ministry of the Environment, Conservation and Parks ("MECP") or any successor Ministry thereto; and b) A Functional Servicing and Storm Water Management Report; Scoped Environmental Impact Statement and Land Use Compatibility Report for road traffic and stationary noise has been accepted to the satisfaction of the Regional Municipality of Waterloo." PASSED at the Council Chambers in the City of Kitchener this _ day of , 2023. 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ORCi A R ED GSP Page 66 of 355 L 1. BACKGROUND ........................................... 4 1.1 Scope ... ................................. ................ .......... 4 1.2 Purpose and Outline ............................................4 1.3 Supporting Studies and Materials ..........................4 2. EXISTING SITE CONDITIONS AND CONTEXT..S 2.1 Location and Description ......................................5 2.2 Existing Site Conditions and Topography ................5 2.3 Surrounding Neighbourhood Context ....................7 2.4 Abutting Property Context ....................................9 3. DESIGN POLICY AND GUIDELINE REFERENCES ............................................... 10 3.1 City of Kitchener Official Plan ...... ........... ............. 10 3.2 General Urban Design Policies ............................. 10 3.3 Urban Design Manual ......................................... 10 5. RESPOND TO POLICY AND GUIDELINE FRAMEWORK .......................................... 22 5.1 Response to Official Plan Policy ............................. 22 5.2 Response to Urban Design Guidelines .................. 23 [10W4161 0 [a] k I R1 1*] 0 Page 68 of 355 4.1 Design Vision and Objectives ............................... 12 4.2 Building Positioning ........................................... 15 4.3 Building Scale and Massing ................................. 15 4.4 Parking ............................................................. 15 4.5 Access and Circulation ........................................ 15 4.6 Service Area .......... ............. .......... 15 4.7 Building Articulation ........................................... 17 4.8 Landscape Design .............................................. 17 4.9 Outdoor Amenity Area ....................................... 17 5. RESPOND TO POLICY AND GUIDELINE FRAMEWORK .......................................... 22 5.1 Response to Official Plan Policy ............................. 22 5.2 Response to Urban Design Guidelines .................. 23 [10W4161 0 [a] k I R1 1*] 0 Page 68 of 355 MMEN =*•I GSP Group Inc. has been retained by Marann Homes (the "Applicant") for the property at 117 Bloomingdale Road (the "Subject Property") in the City of Kitchener. The proposed development 17MM The purpose of this Urban Design Brief is to evaluate the proposed development with regard for good urban design principles and ensure that -ftt the City of Kitchener's urban design policy framework and guidelines. This Urban Design Brief is being submitted in support of a Zoning for the proposed development. This brief has been prepared in accordance with the urban design comments from "Record of Pre -Submission Consultation" meeting held on May 10, 2022. The Kitchener Official Plan identifies Urban Design Brief as comprehensive documents "which may include urban design vision, principles, objectives, guidelines and strategies" and that "may be required of an owner/applicant in support of a development application". Based on the matters for consideration and evaluation identified in the pre- submission consultation record, this Urban Design Brief contains: A description of the existing physical conditions on the Subject Property (Section 2); A description and characterization of the surrounding area and neighbourhood context (Section 3); A description of the design components of the proposed development (Section 4); • An assessment of the proposed design concept in respect to relevant design policies and guidelines (Section 5); and • A summary of the report findings (Section 6). I 1 11111111 1 Jill • TAMMITIT", 0 This Urban Design Report has considered the following plans and reports supporting the and guidelines documents: me- T,�` r �*, N • Elevations prepared by Orchard Design Studio Inc. EXISTING SITE CONDITIONS AND CONTEXT of Kitchener. The Subject Property is 0.64 hectares (2.47 acres) in size and generally rectangular in shape, with a frontage of 67 metres on Bloomingdale Street. There is an existing industrial building on the property, along with ancillary structures and a detached dwelling. All buildings on the property are proposed to be demolished during the construction process. The tODOqraDh, S Qreclominantl�L flat, and it is bordered L\� mature deciduous trees � of the Subject PrWert�L i Mr -3=2 . GAF •v �.� q d fra, . �W �, r.. rv. ox,f � r.. buan:va •` E \ \ t c. e>. ervw Tv. A l+W v. IVCm,fin2]p ' x. Cw tx PI M1pm9 `� e 0 '� f(G-C46'S _, _. "•.,...•vL"c FS sur Ax w'' �! / 517E BENC}IMA PUN 1 .7 .] w ( SIV [x Gaye \ Cw 4rmrM — � 'y 5'x. OaM1n'nq fx Wrv.M / S1TE MM KMARN 05 N Y 74 arra .•� „ % # % k H .......N... 34 r. Dux __ __ ..:. ...,,-. .. ._ ___ o I(Aoar.. gBLOOMINGDALE RD. Prrz �€sl-rz`zrlzz--lZzrlzzriz7�`--1ZZ1,2 n ro��2r.. �'..-T�-o�ro��dJ�d�rp�ro�rd�rnJrd�r�rro�rdlro�ro�rolrolc�g av�z�f�d E.:oomm. sary E. zo ry �Ixv-aoe zfry �[., noommm wnn (a or om o.ir7 T/cVs,on i/c=n os a/o Vcifon R( _ _ _ _ _ _ ve•v.. you _ _ rvv. ao>.ex _ : c.. �osm w,u (avp o. �«ur ox omr7 r rvv=no>zsw STANLEY AVE Existing it ii s URBAN IDll::::SIGN IhzRllll:::IF: 1117 BL O I 3�95 2.3 Surrounding Neighbourhood Co-fte.yt The Subject Property is located within the Bridgeport East neighbourhood of Kitchener, generally bound by the Grand River on the north, west and south sides, and the City of Kitchener municipal boundary on the east side. The urban The size, age, and form of the residential dwellings vary and include single detached dwellings and semi-detached dwellings of post-war architectural style. The neighbourhood includes select multiple - low -rise apartment buildings such as 44 Nelson Avenue; 99, 103 Schweitzer Street; 126, 130, 134 Bloomingdale Road North. The Bridge Street East corridor at the south-west uses and park/open spaces, with public trail access along the Grand River. An expanse of the open iqFacealea-a-IjacerIM CRITT-G=1- 77n I e ?.nd south sideof the neighbourh7ood will rema s tssentially in a natural state do ue tits flood pro location within the floodplain. There are multiple community facilities distributed throughout the neighbourhood including: 6 neighbourhood parks, Bridgeport Sportsfield, a community centre ("Bridgeport Community Centre" YWCA Bridgeport Childcare Centre, and a church ("Holy Family Croatian Roman Catholic Parish"), offering various trails and recreational opportunities. Bloomingdale Road is identified in the Cycling and Trails Master Plan as being part of the Bicycle Network and has on -street cycling headways) runs through the neighbourhood, with Bloomingdale/Stanley and Stanley/Schweitzer intersection (within a five-minute walk). I I I I•I 11111,q �1111 1 1111. rijl�pi 131111� F 1 -1 ! A -♦1 U A - - 4 , � M -1 w. •..' w w The surrounding area is mainly characterized by residential, light industrial uses, open space land uses and environmental features. More specifically, Y.ses that sY.rr*Yn4 the #Ject Pr*;terty iricly,V,--the following: r•` "NON Mo wt.jacl-F109; Me UrdrV e '91 UM HISIRri. ^ III*U-1I*rI of the Subject Property along the northern limit is within the Grand River Conservation Authority (GRCA) Regulation Limit and contains portions of Slope Erosion, Slope Valley and Floodplain Natural Hazard features. The Proposed Development is Significant Valleyland features along the northern property limit. East: To the immediate east of the Subject Property is an excavation dispatch facility (Richard Schaefer & Son Haulage Limited. The facility provides excavation and construction services, and contains a dump truck, a tow truck, excavating equipment, stockpiles of materials. This Subject Property is considered as a Class I or Class 11 facility and the proposed development is 9 metres away from the wall of 3 metres in height are required along the ,cq3t South: The Subject Property is situated at the termination point of Stanley Avenue. On the south side of Bloomingdale Street, there are residential dwellings that do not have car garages. Instead,the i*Vivi(Vu--Al Viys *f tkese Ar*.vertieswe utilize*' for parking cars. The residential lots located at the corner of Stanley Avenue and Bloomingdale Road feature detached dwellings with frontages along Stanley Avenue. West: Abutting the Subject Property at the west is a residential property setback approximately 27 metres from the public sidewalk to the building line. The residential property consists of a 2 -storey detached dwelling with an outdoor storage structure at the rear (107 Bloomingdale Road). Currently, there are no existing trees or fencing along the shared property line to separate the Subject Property from this property. DESIGN POLICY D. REFERENCES 3.1 City of Kitchener Official Plan prevention, barrier -free accessibility, and shade. "$M om I= ro r7r," 1201 The Site is part of the Community Areas structure element and is designated Low Rise Residential in the City of Kitchener Official Plan ("Official Plan"). The Low -Rise Residential designation is intended to accommodate a range of low density housing types including single detached, semi- detached and street townhouses; specifically, the designation encourages and supports "the mixing and integration of innovation and different forms WWWWWI M of 4 storeys or 14 metres, at the highest grade elevation, whichever is the lesser, may bepermitted on lands having primary frontage on to a Regional Road or City Arterial Street (Policy General residential policies direct "the successful integration of different housing types" through intensification within the Low Rise Residential designation (Policy 15.D.3.3) in keeping with the following considerations: • Compatibility of building form with respect massing, scale, design; • The relationship of housing to adjag cent buildin streets and exterior areas; li • Adequate and appropriate parking areas a provided on site; • Adequate and appropriate amenity areas ar landscaped areas are provided on site. 3.2 General Urban Design Policies 111, iV es�Lv, n #,o patterns, the relationship between built form an open spaces, integration of natural and cultu nclud resources and development impacts. They i I Neighbourhood Design policies that provide direction for the design of new neighbourhoods, including design objectives of walkability, variety, place making, conservation, connectivity, transit -supportive and safety. The City's primary focus is to create diverse, attractive, walkable neighbourhoods that contribute to complete and healthy communities. Building Design, Massing and Scale design policil speak to human -scale proportions to support comfortable and attractive public realm, includin I ?,ttractive buildina forms. -facades, and roof clesial complementary design of new buildings; ano ?.rchitectural innovation and expression. 6",ection 17.E.10.5 identifies that urban design briefs/reports together with other design -related materials are meant to be used to: ?.) demonstrate that a Proposed Development or redevelopment is compatible; b) address the relationship to and the privacy of 2.djacent residential development; and, c) ensure compatibility with the existing built form d the physical character of the established area ?.nd/or neighbourhood. Part A contains design guidelines on various land uses, built types, geographic areas, and urbar structure elements. The following topics of desigr. 1 1 J(i.? + to live, work and play. Guidelines are divided into Community Design and Site Design. The Community Design guidelines are primarily used by the City in designing the form and structure of communities iW-*§. Vill The ilew ileighbourhood design guidelines apply to undeveloped lands including in the Community Areas of the City's Urban structure of the Official Plan. They are generally to direct development of new communities or neighbourhoods, by Plan of Subdivision or Condominium. c onservati7con,, connectivity, transit supportiv safety, viability and liveability. The Low -Rise Multiple Residential Buildings design guidelines apply to multiple residential and townhouse buildings, generally 3 storeys or less. The guidelines note that such forms are a 11 valuable alternative to taller forms when seeking to achieve greater densities in established or new low-rise neighbourhoods". The Low -Rise Multiple Residential Buildings guidelines address compatibility, building components and site function. 7519. FST�#' F rSI It ts on technical details. Several standards are lighting, barrier -free accessibility, pedestrian and transit -supportive development, emergency services, multiple residential, landscaping and natural features, and landscape design. a PROPOSED DEVELOPMENT The Subject Property envisions to be developed into a high-quality 3 -storey townhouse buildings consisting of 40 units with outdoor amenity area of 284 square metres and a total of 46 surface parking spaces including two barrier -free parking spaces. The design goal for the proposed development is to make efficient use of the Subject Property by intensifying with a compact form of development that fits contextually with the character of Bloomingdale Road and the broader neighbourhood. To realize this Foal,, the ob;ectives forthevriii sed develoyment are to: • Facilitate a compact urban form that reinforces human scale proportions. • Orient the building to address Bloomingdale Road streetscape with an architectural rhythm that provides interest along the pedestrian realm. Achieve a high-quality of architectural design and construction that is harmonious with the distinct identity and style of the adjacent buildings. III ifflifflilifflill I 11IF11 1111111 11 11 11 Ll�n In � CyCle Parking stalls (Clam A) Site Plan prepared by GSP Group nycic pa&ng stalls(Cass 8) Level 1 Floor Plan - Unit 1 Area: 753 sq.ft 1 •—_�,,,�.��,".�"`.�� VIII NO I DINING 111, 11 c LI/NG0 V4 sslrs nEOIR BEDROOM 3 EEDR001 2 Level 3 Floor Plan - Unit 2 Level 4 Floor Plan - Unit Area: 766 sq.ft Area: 754 s J/ MAIN BATH Y r ENSUITE n r--- PRIMARY BEDROOM ,.ri I I I I Level 3 Floor Plan - Unit 2 Level 4 Floor Plan - Unit Area: 766 sq.ft Area: 754 s Building 4, townhouse block, comprises 8 units in a row. It is strategically positioned to create a continuous frontage along Bloomingdale Road, with a setback of 4.5 meters from the post -road property line). These setbacks are designed to maintain a consistent "street wall" appearance and contribute to the vibrancy of the street, while also walkways. Building 4 is set back 19.7 meters from access into the Subject Property. Buildings I and 3, each consisting of 4 units in a row, are set back 7.5 meters from the west side of the property line. The main entrances to these buildings are accessed from the internal walkway. Building 2, which comprises 4 units in a row, is with a setback of 4.2 meters from the edge of the block to the rear lot line. The proposal has been oriented to successfully integrating with its surroundings, and high quality architectural design is provided for each building elevation so that the proposed development contributes to the physical character of the community. All four buildings are 3 -storeys, measuring 12.98 metres in height to top of ridge for Building 4 and 12.45 metres for Buildings 1-3. The proposed buildings occupy 1,422 square metres of building footprint, which is approximately 22% of the lo) area. The stacked townhouse block consists of a lower unit with ground level and basement level and the upper unit with two uppermost levels. Units are approximately 5.5 metres wide each. HUME 1111r*10111101060101 • driveway. Building entrances are located above - grade, accessible via steps. They are recessed and weather protected by extended upper storeys. rMM70 FmWiFF7, 46 surface parking spaces, including two •. r" spaces. The surface parking area is located impact from the public streetscape. There is bicycle racks for short-term bicycle parking near M111M MO Pedestrian circulation through the Subject Property is integrated into the design of the parking area, sufficiently buffered, and protected X from vehicle areas. Paved walkways are planned -for the individual units that face Bloomingdale Road. Additionally, an internal 1.8 -metre -wide sidewalk will extend from the public sidewalk on Bloomingdale Road, providing pedestrian access throughout the Subject Property. bin are located within the parking area, easily accessed and traversed by the driveway. There is site and the designated locations for these areas are clearly marked on both the Site Plan and the Circulation Diagram. M -Mm. RES11DIE14TIAL asm��• HVAE-'.M MIMUS,�(► I tgol t4- I I I 1] 1 Im &VA' -01 I I I LO I I I LO r4 rgrao to] I IM0, I g 1111MV49 the surrounding neighbourhood in terms of form, materiality, and colouration. The below descriptions are the main architectural effects for the Proposed Development: Brick in royal grey colour is used as the principal material for the lower units, tying to the prevailing neighbourhood palette, whereas the upper units are treated with James Hardie Lap Siding in boothbay blue colour. 1 0 a 0" 11 8 H, Windows and doors are composed with a regular rhythm along the building lengths and ends to the extent possible. Lintels and trim surround windows and doors for accent and interest. Contrasting trim colour but compatible with the primary building material colour. Distinguished horizontal lines throughout the building elevations provide a vertical distinction between the storeys. Recessed unit entrance doors for weather protection, balconies for upper storeys with an integrated railing system for natural surveillance. Te7-.1#rO'#7,Oq r'O-I %, - -• ;C5U-ave! buffer areas around the street facing property line and along perimeter of the Subject Property; landscaping on the Subject Property is generally limited to such areas given the form and footprint of the buildings. Decorative pavements and planter to soften the building edges. Tree planting, shrub/ perennial plantings, and landscaped entry features will be included to animate the streets and screen undesirable views such as utility equipment. Water efficient and drought resistant landscaping will be considered, including using native planting materials. M= - There are two linear common amenity areas proposed between Buildings 3/4 of 165 square metres and Buildings 1/2 of 119 square metres. The amenity areas are located internal to the development blocks such that they are sheltered outdoor amenity space will include a combination of hard surface and landscaped areas. They may include paved pedestrian walkways, trellis/shade structure, outdoor cooking area, seating area, site furniture, and ornamental planting. Buildings - I i prepared rchrDesign Studio Inc. URBAN IDll::::SIGN IhzIRIII::::lF: 1117 L I 3 TOP OF WALL BEARING RATE EUE FM 1 11111 TOP CF 9.BFLOCQ M Frot 11 MP Q� SUBFLOW LEVEL S- -------------- END UNIT INTERIOR UNIT INTERIOR INIT IND �NR` Front Elevation Buildings - I i prepared rchrDesign Studio Inc. URBAN IDll::::SIGN IhzIRIII::::lF: 1117 L I 3 azo• nzssnu TOP OF WALL ASPHALT SHINGLES EEyARI%PLATE *1LgPyERI.178-4• ASPHALT SHINGLES HARDIEBOARDSIDING ® � TOP aF SLai.00R m ... ... ... ... .... IDR SIMILAR) 4IEV 2 _ 9EV. 17a9' HARDIE BOARD SIDING _ �9§ (OR SIMILAR) �. TOP CF SL9i00R � R ... ... ... ........ *L—L" aEV. Llai IYI 4 m STONE HEADER STONEHEADER BRICK TOP OF SL91iDOR =� CONCRETE SILL CONCRETE SILL jEygp EIEV. IOa-0' BRICK Ate____ GRADEASPER GRADING PLAN ______ I ____________ TOP OF ODNaL1m-_ ______ ________________________________________ END UNIT Right i Elevation a2-6D295M TOP OF WALL EEARING PLATE ASPHALT SHNGLES SSS HARDIE BOAR. SIDING �... TOP OF SLBFLOOR � T� (OR SIMILAR) �9EV. 12(Y-3' _ _ _ _ HARDIE BOARD SIDING 9 �9a EO4 0 (OR SIMILAR) TOP aF 9..ei00R �� LPrB 3 aed. nai I/! g�g F - - - - _ O § m STONEHEADER - ❑ ,- BRICK TOP OF 9..E12LOt)R b - CONCRETE SILL HP/. IOa-a AVHIAGE G_____ RADE AS___ PH2_ GRADING PIAN h _______________ _____________________________ ------------------------------------------------------ I a I li �i TOP OF �LErELI HP/. 89-101/7 ___ ____________________________ ------' - END UNIT Left Side i Buildings - I i prepared rchrDesign Studio Inc. URBAN IDll::::SIGN IhzIRIIf:::lF: 117BL00M1N(F"P8*&396 3 4- �1L�i 0I� YIP�gp 9EV.IODO AAY06E aAm+sE sAAa:ns _ sones vu� tm� etv.�q✓1 I I I I I I I tld LiYA9 b06NY Ikb ClflA IHd WAY b'-0'MAY IB'Q DMA IAO M9EU ISd't�i'Ii1.Y 1o11R 1TERIORIIR 1TE�oR11IT �oR11IT �ERIaR11IT RIORLIIT �EPoORINT ffinINEfffins-En1 l� ■I ■I ,I■■■■I, I, ,I�■■■,I ,I 1■■i 1 0nnn"MIN nnnn nn�MP] in, � Mffrnl ��������� ������������ Illllllllllli�iiiiill Iliiiiilillllllllll ������ ������ ��������������� ������ ����� IIIIIIIIIIiiiiiiiY Iliiiii�llllllllllllllllllllllllllllllllllllllll ����� ������ Illlllllllliiii�il_liliiiiillllllllllllllllllllllll ������ Illllllllllllllllllllllllllllllllliiii�ll_IYiiiiiilllllllllllllllllllllllllllllllll�l.I ■J �_ 1■ ■I J■ ■L �_ L■ ■J INI-1hSRI J=_1111-1 �_ 1■ END UNIT Front Elevation (facingi tlV 6YAA � tlO'tld9111 � tl'-0'4i0A9 � tlB tlGAY � tlVt tld91A � 10'V RMA � IB`O MA.0 � I8d'PiIAAY "I "I 1T11111III InT111111IT INT111111111 IrvrEalaa INIT INT1111111IT uirEwoa INT END UNIT Rear Elevation (facingi ) — - — - — - — - — - — - — - — - — - — - — - — -- Us, -------------- f --------------------- ------------------- END UNIT Right Side Elevation (facing parking lot) Hai - - - - - - - - - - - - - - - - - - - - - - - - - - - ClPOE AS 191__ --------- -------------------------------------- -- ------------ ENO UNIT Left Side Elevation (facing parking lot) RESPONSE TO POLICY AND GUIDELINE MIM, G. Mmo* WA The proposed development is sensitive and compatible with the surrounding context of immediate properties and the broader Bridgeport East neighbourhood. The proposed design responds to the design direction of the Low Rise Residential designation by supporting a mix and integration of innovative and different housing forms achieving a low-rise pattern. The integration satisfies intensification considerations for the Low a) Compatible building form with inclusion of stacked townhouse dwellings; b) A buffered relationship to the adjacent residential dwellings (east, south and west) through a combination of building siting and perimeter landscape treatments; c) Adequate parking provided to the d) Common amenity areas are proposed on - upper units via individual balconies. The proposed low rise buildings are designed in keeping with the design policy direction of Official P12* SectioT IL is furkiii i -ii 4et.?il,7s *;.rt section. This Urban Design Brief, per Official Plan SectiN ` I♦ emonstrates that the Proposed Development is a compatible addition to the Bridgeport East community. 5.2 Response to Urban Design GuiiOelires Inclusive Design CITY-WIDE LOW RISE MULTIPLE RESIDENTIAL The proposed development supports the Crime design principles including opportunities for informal surveillance by providing "eyes on the street" through townhouses that face and front the street, ble entrances with porches/stoops and large windows overlooking the street. With the interior layout of the buildings, there will also be eyes on the parking area and the intent is to make to gather. • Through the Site Plan Approval process, the landscape design will consider visibility, sight lines and the delineation between the public and private realms. • Pedestrian -scale lighting will be defined at the detailed design stage, focusing on internal site walkways and surface parking areas. Internal sidewalk connections will be clesignel-I for barrier -free accessibility at the time detailed design. I Design for Sustainability CITY-WIDE LOW RISE MULTIPLE RESIDENTIAL The proposed development represents compa intensification of an underdeveloped site with an established area served by existing tran and community uses. • Subject Property is transit supportive and walkable and provides cycling infrastructure. Subject Property is a short walk (5 minute walk) to local bus transit stops and Bloomingdale Road has on -street cycling infrastructure • The proposed height and mass of buildings will not create negative microclimates within the site or on adjacent properties. All units are provided with operable windows for natural ventilation/ cooling when possible. The proposed development has proposed deep well waste and recycling collection areas to encourage the collecting and recycling of waste produced by residents. Details regarding the landscaping plan will be provided during Site Plan Approval but measures which will utilize drought and salt resistant, low maintenance plants as well as the appropriateness for pollinating supportive plantings will be considered. Design for Outdoor Comfort CITY-WIDE LOW RISE MULTIPLE RESIDENTIAL The proposed development design address pedestrian weather protection through cover entranceway and landing spaces. I The pedestrian pathway will be finished with a non-sli p surface treatment and wil I bernaintained to accommodate pedestrians during all weather conditions. Lighting and landscape plans will addre-1 pedestrian comfort guidelines at the time detailed design. I Street Design CITY-WIDE LOW RISE MULTIPLE RESIDENTIAL • The proposed development will include soft landscaping elements that will complement the streetscape. Where driveways forthe proposed development intersect public sidewalks, the sidewalks will be demarcated in a different surface treatment and will maintain barrier -free accessible standards. Compatibility CITY-WIDE LOW RISE MULTIPLE RESIDENTIAL The proposed buildings oriented parallel to t western property line abuts the rear yard of t existing detached dwelling to the west. T proposed buildings are setback 7.5 meters fro the property line, ensuring sufficient setbacks mitigate impacts and provide transition betwe the buildings and the neighbouring propertie �IFJDM IMAIRM 110, MOP k 4 ILF111 W,wm LJ 11 southern side facing the street, framing the internal surface parking area. The proposed buildings, with its 3 -storey height, are designed to be compatible with its surroundings and are appropriately situated in relation to adjacent properties. The elevations of the buildings are characterized by a highly articulated design, incorporating a regular rhythm tf,,6rtical an,'O hfo,rizio-Mal Lfltrn6nts sy.cil as fenestration and variations in materials. The inclusion of balconies and extensive glazing and parking area. Human -scaled architecture achieved with brick base material, vertical divisions, generous fenestration patterns throughout, and the recessed building entrances. Built Form CITY-WIDE The proposed buildings are oriented an�e positioned to respect the local context, includin,_w the interface with the low-rise residential neighbourhood to the south and west. Ll 11 Buildings 1-3 which are 3 storeys in heights are positioned on the north and west side of the property lines to create a transition zone between the proposed development and the existing detached dwelling to the west. This positioning considers the impact on the neighbouring property while concentrating property, potentially minimizing unwanted impacts on the surrounding areas. Building 4 is three storeys in height and is positioned along the street facing property line to maintain a Architectural detailing, including balconies, 0"90"M taffib apparent scale of the building. Balconies, windows and variation of building materials and articulated architectural projections are incorporated to create visual interest and reinforce human scale. All elevations, including side elevations, have window openings and balconies; no blank facades. Shared Spaces CITY-WIDE LOW RISE MULTIPLE RESIDENTIAL The lower units will have access toindividual re yards and the upper units will have individu balconies on the front wall facing the surfa J I parking area and the street. In addition, to tha there are two common amenity areas of I squaremetresand 119 square metres, propose 11 between Buildings 3/4 and Buildings I/ respectively. The common amenity areas will be safe and accessible and does not have to cross drive aisles or parking areas to access amenity areas. The common amenity areas will include a pedestrian connection to the adjacent Schaefer Park. Streetscape treatment along Bloomingdale Road will provide opportunity for hard and soft landscape treatments. Site Function CITY-WIDE LOW RISE MULTIPLE RESIDENTIAL Parking area are internalized on the Subject Property behind the buildings screened from the street and from the residential properties to the west. Single curb cut is proposed along Bloomingdale Road, minimizing the number of access points, and promoting a more efficient use of space. The proposed development includes a single site access and a driveway width of 7.3 metres. Careful consideration has been given to balancing the need for vehicular access with the desire to incorporate landscaping and stormwater management strategies. The parking area are strategically concealed from the street and neighbouring residential properties to the west. The portion of the parking area that is exposed to the abutting industrial site to the east will be screened using landscape treatment. JLti. ym C] Ll 11 0 11 mounted bicycle racks for short-term bicycle parking near the buildings. Secure bicycle parking for residents will be accommodated within individual units. Utility infrastructure will be located at time of -•.etailecl design. Separate 1.4 e walkways are proposed to line the building faces along the parking area edge connecting to the public sidewalk on Bloomingdale Road, ensuring a clear separation between the pedestrian walkways and parking area. Fully enclosed deep well garbage enclosures are located in accessible location for building residents and collection vehicles, connected to site walkways without obstructing vehicular routes. will be designed to universal accessibility standards. Building Components LOW RISE MULTIPLE RESIDENTIAL The proposed buildings incorporate pitch roofs that are consistent with the surroundi architectural styles and visual language of t neighbourhood. I Living rooms for lower unit and upper unit occupy most of the unit width on ground floor and second floor, respectively, providing significant views over shared surface parking area and site walkways. Materials are used to accentuate the depth of the building elevations coinciding with projecting elements and to distinguish between the building base and the upper storeys to reduce the perception of mass. Utility and HVAC locations are not known at this time. Elevations use high quality brick and siding materials through the building cladding, demonstrating variation in colours, materiality and textures. and balconies provided for each upper unit. • Siting of the buildings on the Site provide for screening of site functions such as loading, parking and garbage areas from the public realm. • Paired unit entrances are clearly visible from the surface parking area and connect directly to walkways (1.8 metreswide) leading to the public sidewalk on Bloomingdale Road. gg q&qiJk1 The proposed development at 117 Bloomingdale Road is a multiple residential project consisting of four blocks of stacked townhouses with 8 units for the blocks situated internal to the Subject Property. Generally, the blocks are 3 storeys in height with a total of 40 townhouse units and at - with 46 parking spaces is located centrally within west and south sides. Internal site walkways lead "o, _wWwwo It is the opinion of this Urban Design Brief that the form and character of the proposed development represent good urban design. The placement, scale, massing, and character of the proposed buildings are compatible with the surrounding neicihbourhood character. The rmosed built form SA-Lueeff.5 Irl erl 1drIUrV5LHC CrldrdfAC '*1Nr17'ST9#1 PR Property at a prominent location within Bridgeport East neighbourhood, while still being respectful of the surrounding context. The design of the proposed buildings is at appropriate heights and scales and defines the public realm with good proportions. The proposed stacked townhouses will have a high standard of design and quality. There are no l,: walls proposed, as all visible facades of the building contain projections and recessions as well as more than one type of material used. The functionality of the Subject Property has been thoughtfully considered and integrated with the adjacent uses. PRAITY21 ilk AV41116.1, -1111 r. .1 from the Urban Design Manual by providing a low-density form that enhances the public realm and is compatible with the surrounding area. The proposed building includes at -grade residential units with direct access from the public sidewalk and will help to activate the streetscape. The development supports the objectives of the City's Official Plan to achieve a high standard of urban design, architecture and place -making that contributes positively to quality of life, environmental viability, and economic vitality. The proposal supports the City's overarching design directives by proposing a residential development respects and enhances adjacent natural areas; is mutually supportive with the adjacent multi - residential development and existing single family homes, and; minimizes and mitigates adverse impacts. outlined in the Official Plan and design directives 41qm detailed Site Plan Process. NOTICE OF PUBLIC MEETING for a development in your neighbourhood 117 Bloomingdale Road Concept Site Plan 3 M el, I � C° �u�.�'�� 1 �������i �` C�::I S t b a c: II ; ° IP\4&1'r� � �� II IL e ii g II°'ii.1 Have Your Voice Heard! Planning & Strategic Initiatives Committee Date: December 4, 2023 Location: Council Chambers, Kitchener City Hall 200, King Street West oV'irtual Zoom Fleeting Go to kitchener.ca/meetings and select: • Current agendas and reports (posted 10 days before meeting) • Appear as a delegation • Watch a meeting To learn more about this project, including information on your appeal rights, visit: www.kitchenenca/ PlanningApplications or contact: Brian Bateman, Senior Planner brian.bateman@ kitchener.ca 519.741.2200 x7869 The City of Kitchener will consider an application from Marann Homes for a Zoning By-law Amendment, located at 117 Bloomindale Road, to have the property re -zoned to facilitate the development of 40 stacked townhomes and 46 parking spaces. Page 93 of 355 Date: October 12, 2023 To: Brian Bateman From: Jason BrUle cc: Carlos Reyes Subject: Zoning By-law Amendment Application Marann Homes 117 Bloomingdale Road, Kitchener ZBA23/033/B/BB Klr',o rf,-v".R The below comments have been prepared through the review of the supplied Existing Conditions Plan, Functional Grading Plan, Functional Servicing Plan and Functional Servicing & SWM Report prepared by MTE Consultants Inc. revised May 15, 2023 in support of the above noted application. General Comments: 1. Engineering supports the zoning by-law amendment with some advisory comments provided below. Sanitary: 2. Flows for this site were confirmed in the City's model and no issues were found. Design parameter in the design sheet are not consistent with City of Kitchener. The residential average daily flow rate is 305 L/c/d or 0.00353 L/s, the infiltration rate is 0.15 L/s/ha and the ICI values seem off but are not critical in this instance. Water (Angela Mick, KU): 3. No concerns for this site. The report noted the 300mm watermain as being a Regional main. It is actually a City main in the Regional Road. Stormwater Management: 4. The stormwater management approach for this site is supportable. It is going to be very important to confirm (at the detailed design stage) that the offsets are achieved (dependent on system chosen) and the soils are conducive to that level of infiltration for future longevity of the facility. Jason Brule, C.E.T. Engineering Technologist Page 94 of 355 City of Kitchener OPA & ZBA Comment Form Project Address: 117 Bloomingdale Road, Kitchener Application Type: Official Plan Amendment & Zoning Bylaw Amendment Comments Of: Urban Design Commenter's Name: Katey Crawford Email: Katey.Crawford@kitchener.ca Phone: 519-741-2200 ext. 7157 Date of Comments: October 10th, 2023 ❑ I plan to attend the meeting (questions/concerns/comments for discussion) Z No meeting to be held ❑ I do NOT plan to attend the meeting (no concerns) 1. Documents Reviewed • Urban Design Brief (August 2023), prepared by GSP Group Inc. • Site Plan (July 12th, 2023), prepared by GSP Group Inc. • Floor Plans & Elevations (May 2"d, 2023), prepared by Orchard Design Studio Inc. • Tree Preservation Plan (June 5th, 2023), prepared by Aboud & Associates Inc. 2. Site Specific Comments & Issues: UD Brief & Elevations • Show extent of proposed exterior decking and stairs on elevations and site plan for proposed buildings 1-3. • Provide upper unit glazing on side elevations for proposed building #4. The incorporation of glazing will reduce blank wall appearance, further activate public realm, and increase unit sun exposure. • Provide elevations for Building #2, with proposed grading shown/accounted for. • Page 24 notes "All elevations, including side elevation, have window opening and balconies; no blank facades" However, elevations provided show no glazing on side elevations for building #4. A City for Everyone Working Together — Growing Thoughtfully — Building Community Page 95 of 355 Please revise Building #4 elevations as per note above. Include note regarding east elevation blank wall for proposed building #2. • Please note on page 25, utility infrastructure and metering equipment shall be located away from public view and appropriately screened. Provide the following: 1. Updated Urban Design Brief as per comments above. 2. Updated Elevations as per comments above. 3. Updated Site Plan as per comments above. A City for Everyone Working Together — Growing Thoughtfully — Building Community Page 96 of 355 � n Administration Centre: 400 C:lyde Road, PC), Box /29 C cvnhridape, C)Id I`d 113 `M6 Phoir(.'k:'kI°) 621 2/01 fol@free( 14('56 (.)C)U 4/.;12 Fax;,11) 021 4,S44 wwwgrandriver.ca Go n October 12, 2023 Brian Bateman Senior Planner City of Kitchener 200 King Street West Kitchener ON N2G 4V6 brian. bateman(a)-kitchener.ca Re: Zoning Bylaw Amendment Application ZBA23/033/B/BB 117 Bloomingdale Road North, Bridgeport Marann Homes Dear Mr. Bateman, The Grand River Conservation Authority (GRCA) staff have reviewed the above -noted application for 40 stacked townhouses. Recommendation The GRCA has no objection to the application in principle. We request the applicant to refine the grading at the north of the site, and we advise the City to consider implications for a future public trail. Documents Reviewed by Staff Staff have reviewed the following documents submitted with this application: • Planning Justification Report (GSP Group, August 2023) • Urban Design Brief (GSP Group, August 2023) • Functional Servicing and Stormwater Management Report (MTE, May 2023) • Geotechnical Investigation (Chung & Vander Doelen, December 2020) • Slope Stability Assessment (Chung & Vander Doelen, February 2018) o Slope Cross -Sections (Chung & Vander Doelen, March 2023) • Site Plan (GSP Group, revised July 12, 2023) • Grading and Servicing Plans (MTE, revised March 15, 2023) Page 1 of 3 C ri'',) e i, oi,,(-,rv,'aIirraa ()rar arn:), rprr s,,rlirar i r i o's 36 Cori,'errtirrra A iC,Iioririih'ie Gr,iri(J A Canadian 4leric�,r e River Page 97 of 355 GRCA Comments The GRCA has reviewed this application under Ontario Regulation 686/21, acting on behalf of the Province regarding natural hazards identified in Section 3.1 of the Provincial Policy Statement (PPS, 2020), as well as in accordance with Ontario Regulation 150/06 and GRCA's Board approved policies. Information currently available at our office indicates that the subject lands contain the Grand River, as well as its associated floodplain and valley slope. We have confirmed that the regulatory flood is contained on the slope, so the erosion hazard associated with the valley slope would be the greater constraint. The erosion hazard was verified through geotechnical / slope stability reports previously submitted by the applicant during pre -consultation. The plans show most of the grading and all structures to be outside of the erosion hazard and the 6 metre access allowance. As such, we have no objections to the application in principle. The GRCA typically requests that grading is kept outside of the 6 metre erosion hazard allowance. For this site, we understand that grading is required for demolition and restoration of the site. That said, some 3:1 slope grading is still shown within the allowance at the west and east property boundaries, and we request this is revised to remove it from the allowance to the extent possible. We also request the grading is refined to reduce any concentrated flowpaths along the north of the site, and encourage greater dispersed overland runoff. It is recommended that all grading avoid impacts to any existing mature deciduous trees along the physical top of slope. We understand all other stormwater management (SWM) for the site is infiltrated for the 100 -year event, and is otherwise directed to municipal infrastructure. We support the proposed infiltration, as it will eliminate the need for a new outlet to the Grand River. We otherwise defer further SWM comments to the municipality. Advisory Comment to the City The urban design brief illustrates a potential connection between the site and Schaefer Park. It is shown within the 6 metre access allowance to the erosion hazard. Any future trails in this area will need to comply with GRCA policies 8.2.21 / 8.2.22. We request municipalities to secure trails that are not river access points outside of the erosion hazard, and generally recommend that it is also outside of the 6 metre allowance wherever possible. Page 2 of 3 Page 98 of 355 This is considered a major zoning bylaw amendment application. Consistent with GRCA's 2023 approved fee schedule, we will invoice the applicant $2,500 for our review. A separate fee will be required for a GRCA permit. We trust this information is of assistance. If you have any questions or require additional information, please contact me at 519-621-2763 ext. 2292 or theywood grand river. ca. Sincerely, Trevor Heywood Resource Planner Grand River Conservation Authority Encl. Resource Mapping cc: Eric Saulesleja, GSP Group Carrie Musselman, City of Kitchener Lenore Ross, City of Kitchener Page 3 of 3 Page 99 of 355 City of Kitchener COMMENT FORM Project Address: 117 Bloomingdale Rd. N. Application Type: Zoning By-law Amendment ZBA23/033/B/BB Comments of: Environmental Planning — City of Kitchener Commenter's Name: Carrie Musselman Email: carrie.mussel man@kitchener.ca Phone: 519-741-2200 X 7068 Date of Comments: October 31, 2023 1. Plans, Studies and Reports reviewed: • 117 Bloomingdale Rd, City of Kitchener, Region of Waterloo Scoped Environmental Impact Study, prepared by Aboud & Associates Inc., June 2, 2023. • 117 Bloomingdale Rd, City of Kitchener, Scoped EIS Addendum Report, prepared by Aboud & Associates Inc., July 11, 2023. • Tree Preservation Plan, Drawing No. TP1 and TP2, prepared by Aboud & Associates Inc., June 2023. • Geotechnical Investigation, 117 Bloomingdale Rd N, Kitchener. Prepared by Chung & Vander Doelen Engineering Ltd., December 7, 2020. • Slope Stability Assessment, Proposed Future Development, 117 Bloomingdale Rd N, Kitchener, prepared by Chung & Vander Doelen Engineering Ltd., February 12, 2018. • 117 Bloomingdale Rd N - Site Plan, prepared by GSP, July 12, 2023 2. Site Specific Comments & Issues: I have reviewed the studies as noted above, submitted in support of a complete a zoning bylaw amendment application that is proposing development that includes the removal of the existing industrial buildings and detached dwelling and the construction of four stacked townhouse dwellings with a total of 40 dwelling units and 46 parking spaces at 117 Bloomingdale Rd N, and note: • The proposed development complies with the Endangered Species Act as it has been determined that the candidate SAR habitat present within the study area will not be negatively impacted through the applied mitigation measures. • The proposed development complies with the City of Kitchener Official Plan (2014) as Locally Significant Valley Kitchener Core Natural Heritage Feature will not be impacted by the proposed works through the implementation of recommended mitigation techniques. • Development is proposed to occur outside of the EUF-1 and Flooding Hazard overlay areas and the Slope Stability Assessment Report has confirmed that the proposed development is compliant with section 17.2.2 b) ii, iii, iv, and vi of the Kitchener 2019-051 Zoning By-law. • A Tree Preservation Plan was submitted in support of the application. In summary, the TPP noted a total of 35 trees were inventoried. Two of the thirty-five trees are recommended to be removed to facilitate the proposed development. A City for Everyone Working Together — Growing Thoughtfully — Building Community Page 100 of 355 • The slope assessment report concluded that the total setback for future development is 12 m from the existing top of slope. The total setback consists of Stable Slope Allowance: 2 m, Toe Erosion Allowance: 4 m, and Erosion Access Allowance: 6 m. • To protect the natural features, functions, and associated buffers on the subject property. The City would be interested in having a discussion with the applicant/owner at the time of Site Plan Application regarding conveying any and/or all portion(s) identified as Natural Heritage Conservation to the City. If the lands are not conveyed, then we request the owner to enter into a Conservation Easement that would be registered on title. Based on my review of the supporting studies the proposed Zoning By Law amendment can be supported, subject to: 1. The NHC-1 zone be applied to the lands adjacent to the Grand River up to and including the Slope Erosion Allowance as shown on the Site Plan (GSP, July 12, 2023). 2. The proposed development (i.e., future site plan) is in accordance with the Scoped Environmental Impact Study, prepared by Aboud and Associates Inc., dated June 10, 2022. 3. Mitigation measures outlined in Section 7 of the Scoped Environmental Impact Study, prepared by Aboud and Associates Inc., dated June 10, 2022, are implemented, and incorporated into plans and drawing (i.e., future site plan) where applicable. 3. Policies, Standards and Resources: Natural Linkages • As per Section 7.C.2.50 of the Official Plan. The incorporation of Natural Linkages and Corridors will be required in the design of new development or redevelopment with the intent of maintaining, enhancing or, wherever feasible, restoring linkages among natural heritage features. Trails or other uses • As per Section 7.C.2.51 of the Official Plan. The introduction of recreational trails or other uses that could harm Natural Linkages and Corridors is discouraged unless it can be demonstrated to the satisfaction of the appropriate approval authority that the proposed use will not harm the natural habitat. • As per Section 13.C.2.6. of the Official Plan, The location and design of multi -use pathways will have regard for the Natural Heritage System and its features. Development, redevelopment or site alteration may be permitted on lands adjacent to the Natural Heritage System features where an Environmental Impact Study demonstrates that the location and design of the multi -use pathway will not result in adverse environmental impacts on the natural heritage feature or ecological functions of the feature. Development adjacent • As per Section 7.C.2.23 of the Official Plan. Development, redevelopment or site alteration will only be permitted on lands adjacent to the Natural Heritage Conservation features where an Environmental Impact Study or other appropriate study has determined to the satisfaction of the City, Region, Grand River Conservation Authority and/or Province, as appropriate, that approval of the proposed development, redevelopment or site alteration would not result in adverse environmental impacts on the natural heritage feature or the ecological functions of the feature. Environmental Impact Study • As per Section 7.C.2.52 of the Official Plan. Any required Environmental Impact Study will be completed in accordance with the Environmental Impact Studies Policies in Section 17.E.11. Acquiring Lands / Conservation Easement A City for Everyone Working Together — Growing Thoughtfully — Building Community Page 101 of 355 • As per Section 7.C.2.58 of the Official Plan. Notwithstanding Policy 7.C.2.57, where feasible, the City will consider acquiring land to protect and improve the Natural Heritage System. Tree Management • As per Section 8.C.2.16. of the Official Plan, the City will require the preparation and submission of a tree management plan in accordance with the City's Tree Management Policy (available on the City's Website), where applicable, as a condition of a development application. o Any tree management plan must identify the trees proposed to be removed, justify the need for removal, identify the methods of removal and specify an ecologically sound tree replacement scheme and any mitigative measures to be taken to prevent detrimental impacts on remaining trees. • policy 8.C.2.6., the City will incorporate existing and/or new trees into the streetscape or road rights- of-way and encourage new development or redevelopment to incorporate, protect and conserve existing healthy trees and woodlands in accordance with the Urban Design Policies in Section 13 (Landscape and Natural Features) of the Urban Design Manual and the Development Manual. Hedgerows • As per Section 8.C.2.19. of the Official Plan, when considering development, redevelopment or site alteration proposals, the City may require the protection and enhancement of hedgerows, especially where: a) they link other elements of the Natural Heritage System; b) wildlife regularly use them as habitat or movement corridors; c) they are composed of mature, healthy trees; d) they contain trees that are rare, unique, culturally important or over 100 years in age; or, e) they contribute to the aesthetics of the landscape. Natural Heritage Features • The mapping and criteria for identifying individual natural heritage features is included in the Kitchener Natural Heritage System Technical Background Report (rev. June 2014). 4. Advice: • The subject property is 0.89 ha (2.21 acres) in size and so the City's Tree Conservation By-law applies. If the owner would like to remove a tree (not part of a planning approval), a tree conversation permit may be required. Additional information can be found on the City's website at: https://www.kitchener.ca/en/building-and-development/tree- conservation.aspx#Tree-conservation-permits. A City for Everyone Working Together — Growing Thoughtfully — Building Community Page 102 of 355 City of Kitchener - Comment Form Project Address: 117 Bloomingdale Road Application Type: ZBA Comments of: Environmental Planning (Sustainability) — City of Kitchener Commenter's name: Raida Chowdhury Email: raida.chowdhury@kitchener.ca Phone: 519-741-2200 ext. 7078 Written Comments Due: October 13, 2023 Date of comments: October 5, 2023 1. Plans, Studies and/or Reports submitted and reviewed as part of a complete application: • Planning Justification Report—Sustainability Statement, 117 Bloomingdale Road, prepared by GSP Group, August 2023. 2. Comments & Issues: I have reviewed the supporting documentation (as listed above) to support an OPA/ZBA application proposing 373 residential units and 1,086 m2 of commercial space on the subject property, 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, an updated Sustainability Statement is required, which clarifies how the proposed development's energy conservation measures will go beyond OBC requirements. 3. Conditions of Site Plan Approval: • To submit a revised Sustainability Statement to the satisfaction of the City's Director of Planning. Further, the approved sustainability measures recommended in the Sustainability Statement will be implemented in the landscape, stormwater management, and building design, to the satisfaction of the City's Manager of Development Review. 4. Policies, Standards and Resources: • Kitchener Official Plan Policy 7.C.4.5. The City will encourage and support, where feasible and appropriate, alternative energy systems, renewable energy systems and district energy in Page 103 of 355 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. 5. Advice: ➢ As part of the Kitchener Great Places Award program every several years there is a Sustainable Development category. Also, there are community-based programs to help with and celebrate and recognize businesses and sustainable development stewards (Regional Sustainability Initiative - http://www.sustainablewaterlooregion.ca/our-programs/regional-sustainability- initiative and TravelWise - http://www.sustainablewaterlooregion.ca/our-programs/travelwise). ➢ The 'Sustainability Statement Terms of Reference' can be found on the City's website under 'Planning Resources' at ... https://www.kitchener.ca/SustainabilityStatement Page 104 of 355 From: Planning (SM) Sent: Friday, October 13, 2023 10:15 AM To: Brian Bateman Subject: FW: Circulation for Comment - 117 Bloomingdale Road (ZBA) FYI Regards, Arwa Alzoor Planning Technician / Site Development) Planning Division I City of Kitchener 519-741-2200 ext. 7847 1 2.irwya.::ll:IrC_klhin_ir„c From: Planning <g anninZ@wcdsb.ca> Sent: Friday, October 13, 2023 10:13 AM To: Planning (SM) <plannunfkitchener.ca> Subject: FW: Circulation for Comment - 117 Bloomingdale Road (ZBA) You don't often get email from plannin_Cflwcdsb_.ca. Learn_ w_hy._th.is. s mportant From: Planning Sent: Friday, October 13, 2023 10:11 AM To: ,brian.bate_ n.(_.kotcl�_e_rier.ca Subject: RE: Circulation for Comment - 117 Bloomingdale Road (ZBA) Good Afternoon Brian, The Waterloo Catholic District School Board has reviewed the subject application and based on our development circulation criteria have the following comment(s)/condition(s): A) That any Education Development Charges shall be collected prior to the issuance of a building permit(s). B) That the developer and the Waterloo Catholic District School Board reach an agreement regarding the supply and erection of a sign (at the developer's expense and according to the Board's specifications) affixed to the development sign advising prospective residents about schools in the area. Page 105 of 355 If you require any further information, please contact me by e-mail at Jordan.Neale@wcdsb.ca. Thank you, Jordan Neale Planning Technician, WCDSB 480 Dutton Dr, Waterloo, ON N2L 4C6 519-578-3660 ext. 2355 From: Christine Kompter < Ihiriistiiine,ll<oinnup it kii.tchener.ca> ............................................................................................... Sent: Monday, September 18, 2023 12:01 PM To: jvink <Jyi.nik_( yroollwiicaha_ca>; _DL_#_DSD_Planning <,DSD -P1 inini.n.gDiyii_siion.C) tclheinpir a>; Bell - c/o WSP <cirrcuallatiioins wsp._! ogM>, Carlos Reyes <Carlps.Reyps kitclhpiner c >; Darren Kropf <[7irirodin:IKirgiFa„Ikiclhgrnir.c>; Dave Seller <[y.SIIIIrkirtcineir.ca.>; David Heuchert ................. <I[7aye,II.:Ne uclhert( _Ikiitclheiru.eir._ca>; David Paetz < avii_d.lya_g.tx_ Ikirtclhgrn rac >; Ellen Kayes <IE:::Illlein.IKaycs.��..l itclheiner.ca>; Enova Power Corp. - Greig Cameron < r ig.ca_rr�gra�in �ina�y��p�v�rr c�inm>; ............................ Enova Power Corp. -Shaun Wang <slhcurro.ingrrv12e2r:crv�>; GRCA - Planning (Ilrn.rn.iringagarcNrivrr c) <Iininiimgt.glrindiri'iyir.c>; Hydro One -Dennis DeRango <Vandu.sepI nnin _ hyd'o-�aavou�e._ca2m.>; Jim Edmondson <J_om_ Ed0000ndson.@ tclrn ro__o^.ca.>; Justin Readman <Jusdn.Read rman kutchener.ca>• Katherine Hughes <IKatherine.l1 he.s I<itchener.ca> Mike Seilin ........................................................................................................................................ , g.............................................................g...................................................................c...... g <IMike.SeiVin@I<itclhener.ca>; Ontario Power Generation <Executivey alawainddevello innent o com>; ............................................................................................. Park Planning (SM) <Pa.rk:_P.Vg_on_o°n.on @kitcheneir.ca>; Region - Howard Chang (S VJ_ ing@re ionofwaterloo.ca) <S Iha_In Ore Jonofwaterloo.ca>; Region - Planning <.l.).J..a rtinu_u..B Vication.s ire uonofwaterV000ca>; Property Data Administrator (SM) <Prol DataAdm'ir7@kutcheneir.ca>; Robert Morgan <.Robert..K/p_prgain@k'utchener.ca>; Steven Ryder ................. <Stevero.R cler ki.tcVn_ener.cg>; Sylvie Eastman <S.yVyur�:Fgs.trn rr_ _ titch �r ro_c >; Tom Ruggle .......................................... <Tom..R ugg.Vt.rP_Vcu.tcOa rt r.c >; UW-WUSA (Feds) (p.r .. u_sg.._q .) <.12r s.. vur s .!ag>; Planning < pjl rnrniing ' rcr sU c >; WRDSB -Board Secretary (a 11 iiin _I urrns yrr sk�:c) <gll :i e uairins irr sl c >; ........ __.....�....._._.. WRDSB - Planning <p!_ininiirng onrirslac> Cc: Brian Bateman<Biriian.Bateman(@kiitclhener.ca> Subject: Circulation for Comment - 117 Bloomingdale Road (ZBA) Caution - External Email - This Message comes from an external organization. Do NOT click on unrecognized links or provide your username and/or password. Please see attached. Additional documentation can be found in AMANDA folder 23-121017 (City staff) and S_ reI.:.t (external agencies). Comments or questions should be directed to Brian Bateman, Senior Planner br'ianobateman . kitcheneroca; 519-741-2200 x7869). .......................................................... Christine Kompter Administrative Assistant I Planning Division I City of Kitchener 200 King Street West, 6th Floor I P.O. Box 1118 Kitchener ON N2G 4G7 519-741-2200 ext. 7425 1 TTY 1-866-969-9994 christine.kompter@I<itchener.ca Page 106 of 355 111 111117111,Ill, jjllil� 11�11- r' 1111 i%% Disclaimer - This email and any files transmitted with it are confidential and contain privileged or copyright information. You must not present this message to another party without gaining permission from the sender. If you are not the intended recipient you must not copy, distribute or use this email or the information contained in it for any purpose other than to notify us. If you have received this message in error, please notify the sender immediately, and delete this email from your system. We do not guarantee that this material is free from viruses or any other defects although due care has been taken to minimize the risk. Any views expressed in this message are those of the individual sender, except where the sender specifically states them to be the views of the Waterloo Catholic District School Board. Page 107 of 355 From: Gaurang Khandelwal Sent: Monday, September 25, 2023 11:09 AM To: Brian Bateman Subject: RE: Circulation for Comment - 117 Bloomingdale Road (ZBA) Hi Brian, Policy comments at the time of pre -sub for this application seem to have been addressed through the PJR and the approach to the ZBA. No further comments from policy. Regards, Gaurang Khandelwal (he/him), MA, MCIP, RPP Planner (Policy) I Planning Division I City of Kitchener 519-741-2200 x 7611 1 TTY 1-866-969-9994 1.9ggrein.g„klhandellwallna liciitcheneir,.ca u From: Natalie Goss <Nati_iie. pss_ ..........................................................Ilr> Sent: Tuesday, September 19, 2023 9:44 AM To: Gaurang Khandelwal <.G a.21'ain.g..11<Iha_indell.nr ll. '_Iki:t.�lh_ .iner._g�> Subject: FW: Circulation for Comment - 117 Bloomingdale Road (ZBA) Please review and provide any necessary comments. Pre -submission was in 2022. 7 From: Christine Kompter <Chris:ti n_e..IKprru. r kofirhgrngr c > Sent: Monday, September 18, 2023 12:01 PM To: jvink <ivunkC?wooVwuch,ca>; _DL_#_DSD_Planning <[SSI[-:1_unrop:un.glf.�ivus'oonk'utchener.ca>; Bell - c/o WSP <cp'rcua_D.atuons. _ s. om>; Carlos Reyes <Ctrl_ps. �teyes..�_Iki��h�rn_�_ro��>; Darren Kropf <[-aureun_._K.E..o.pf itchener..ra>; Dave Seller <1D ve Sg.IV_ _r.e _kitr_hen ra_cg>; David Heuchert ............... <Dave....II..N_e_ucIhert. _IkiiWheineir.._c�>; David Paetz<If)avii_d.,Ifla_e.tz_.C�Ikiitclh_e.inelr c >; Ellen Kayes <E,II.Ilein_..IKayes@lkiitclheiner.ca>; Enova Power Corp. - Greig Cameron < reii .cameroin en ova ower„coim>; Enova Power Corp. - Shaun Wang <slh_ u,u.n... a.n Denoval�ower,com>; GRCA - Planning (Ilininiiingir_rn_riv�r c) <Iininiiinggii.ind.iri'iveirc >; Hydro One -Dennis DeRango <..:i r cus 11 in in iiing Ihv .irg in . rrn>; Jim Edmondson <�iim. i nein s rn kiitclheine c .>; Justin Readman <Vustiirn.Ra irngrnu kiitch n irac >; Katherine Hughes <ICptlhgri_ing_ II::Nuug.Ihgs_ I.ISitrh rneir.ca.>; Mike Seiling ................... <IMiilke.Seilliiin._Ikiitclhiner.cp>; Ontario Power Generation <IE::xecutiivev.l`nrinudevellcspirnrntpin.cim>; .................................................. ......_........... Park Planning (SM) < grlk.0 Ile iniriiiing@j iitcheineir:_cg>; Region - Howard Chang (S Ih ing.a.iregiir�rn ft eterlpp:cg) <S Ihgin (_r�giio nofwatgrl_pp:c >; Region -Planning Page 108 of 355 <IF II rnrnVln ppll_�c ti ns( _r�.g.�onp.�wateirllo�z. c�>; Property Data Administrator (SM) ................._ <PUo�pC ataAduvnin@kutclheneu.ca> Robert Mor an <.Red_Ik rtaMor an@kutclheiner.ca>; Steven Ryder ................ g <.Seven,Ryder@kutchener.ca>; Sylvie Eastman <SyVvVe.Eastman@kkchener.ca>; Tom Ruggle ......1 ............................... <Tom.R�gekchener.ca>; UW-WUSA (Feds) ... _.._<pres@wusa.ca>; WCDSB - Planning ..................................@ <E[gnr'n awcdsboca>; WRDSB - Board Secretary ( tg.in_e burns@wrdsb.ca) <.e aajnn burns@v�rdsboca>; WRDSB - Planning <0annIIng.. _ Edsb._ca> Cc: Brian Bateman <1E:�rpann.lE�ate_m_an.@..E< tcheu�_er.ca.> Subject: Circulation for Comment - 117 Bloomingdale Road (ZBA) Please see attached. Additional documentation can be found in AMANDA folder 23-121017 (City staff) andIn r.eFill (external agencies). Comments or questions should be directed to Brian Bateman, Senior Planner br'iain.bateman �kitclheneir.ca; 519-741-2200 x7869 . (.............................................................................................................................. ) Christine Kompter Administrative Assistant I Planning Division I City of Kitchener 200 King Street West, 6t" Floor I P.O. Box 1118 Kitchener ON N2G 4G7 519-741-2200 ext. 7425 1 TTY 1-866-969-9994 christine.kompter@I<itchener.ca 1c, 11 :fir%UUWINE ttM I Page 109 of 355 From: Jeremy Vink <jvink@woolwich.ca> Sent: Tuesday, September 19, 2023 8:36 AM To: Brian Bateman Cc: Christine Kompter Subject: RE: Circulation for Comment - 117 Bloomingdale Road (ZBA) You don't often get email from ivinkPwoolwich.ca. Learn why this is important Brian The Township has no comments to this application. I did try the link to the Sharepoint file link, but the link would not let me in. I am curious if there was a TIS and what the results were. Thanks. Jeremy Vink MCIP RPP Manager of Planning Development Services Township of Woolwich From: Christine Kompter <CIhril.stir_r�_e..IK€nir�o.ter(kthernrc> Sent: Monday, September 18, 2023 12:01 PM To: Jeremy Vink <jyi_In_Ik...@w..acal.w. cln.._c >; _DL _#_ DSD _Planning <DS_D::II'Ilanni.in !.uyi_suo.ru_.@tclhern ir.ca>; Bell - c/o WSP <circaallatuons@wsp cam>, Carlos Reyes <arllps lfeyeslkutcheineir ca>, Darren Kropf .... <I airirein.IKrs,� ff lk to .lh rner ca>; Dave Seller <,D ve.Selller ki.tc_her�er.ca>; David Heuchert .................. <I y II..N r�clh rt !Ki.trlh�rner.r >; David Paetz<Davi_d.IF��a_�.tx_�Ik�trlh�rn�ir ��>; Ellen Kayes <IE:::VIen.Kayes. _ic.i:tch.ene_r.,ca.>; Enova Power Corp. - Greig Cameron < red .ca_rrre_rp:rti uta va pyr r cpu o>; ...................................... Enova Power Corp. -Shaun Wang <sU7acurr ...w...n.crrr>; GRCA -Planning (pn0annunrandriver.ca) <planrft irandiriveir.ca>; Hydro One - Dennis DeRango <�an..d.. u.,seplann'un @hydiroone.com>; Jim Edmondson <pI.......................... s r_.I<o....................................................O>; Justin Readman .....................F <Justin.Readmarp. _kitch ner..ca>: Katherine Hughes <Katheri.in oa..iuu. hes@I<otchener.ca>; Mike Selling ................................................................... ................ ....................9........ <In/n_ii.ke.Se.i_Iliiln C@lkir�chener.ca>; Ontario Power Generation <1E:,xecutiivev .lawainddevello rnent o .corona; Park Planning (SM) <Pa.irlk._P.Ila.in.in.iin ftiitchener.ca>; Region - Howard Chang (SCIh_a!2g@ire iionofwaterloo.ca) <SC.Iha_In. @re iionofwaterloo.ca>; Region - Planning <PII_al l in.-YApplliicatiions@reuiionofwaterloo.ca>; Property Data Administrator (SM) <..Grp.IP_ a:... _...n lkirtclheineir.ca>; Robert Morgan <,Rp.lbert.Morgain llcii.tc.lhein r.ca>; Steven Ryder <Steven.If y ir.@..Ikirtclhe.�n_e.r..ca.>; Sylvie Eastman <S.yllyi Pas.tm�in.i�_II<iitclh�in�r:ca>; Tom Ruggle .......................................... <: o m...R ru glle..�'.IJ c.lheineir.c>; UW-WUSA (Peds) (.p.re�..@ uasaaca) dares@ �nru�sa as>; WCDSB -Planning <pll_a_nniin @wcdslb ca>, WRDSB - Board Secretary (gjIgjne Ib�urns@_yrrds ca) <e1laj.ine_ bur s rdslb.ca>; WRDSB -Planning <pll_ininii_P.B.@uurirslb.ca> Page 110 of 355 Cc: Brian Bateman <IElHa t min lk)tclhen_er.ca> Subject: Circulation for Comment - 117 Bloomingdale Road (ZBA) Please see attached. Additional documentation can be found in AMANDA folder 23-121017 (City staff) and SarI.:i_0. (external agencies). Comments or questions should be directed to Brian Bateman, Senior Planner br'ian.bateman kitcheneo.ca; 519-741-2200x7869 . Christine Kompter Administrative Assistant I Planning Division I City of Kitchener 200 King Street West, 6th Floor I P.O. Box 1118 Kitchener ON N2G 4G7 519-741-2200 ext. 7425 1 TTY 1-866-969-9994 christine.kompter@I<itchener.ca Page 111 of 355 From: Planning <planning@wcdsb.ca> Sent: Friday, October 13, 2023 10:11 AM To: Brian Bateman Subject: RE: Circulation for Comment - 117 Bloomingdale Road (ZBA) Good Afternoon Brian, The Waterloo Catholic District School Board has reviewed the subject application and based on our development circulation criteria have the following comment(s)/condition(s): A) That any Education Development Charges shall be collected prior to the issuance of a building permit(s). B) That the developer and the Waterloo Catholic District School Board reach an agreement regarding the supply and erection of a sign (at the developer's expense and according to the Board's specifications) affixed to the development sign advising prospective residents about schools in the area. If you require any further information, please contact me by e-mail at Jordan. Neale@wcdsb.ca. Thank you, Jordan Neale Planning Technician, WCDSB 480 Dutton Dr, Waterloo, ON N2L 4C6 519-578-3660 ext. 2355 From: Christine Kompter < Ihiriistiiine,ll<oinnp it kii.t.lneneir.ca> ............................................................................................. Sent: Monday, September 18, 2023 12:01 PM To: jvink<ivi..n_lk..@�nr�r_olwiiclha_ca>; _DL_#_DSD_Planning <,DSQ-is l inini.n Qi_vii_sii in. Ikil.tclheineir a>; Bell - c/o WSP<ciircualltiipins.@_s.p..crrr�>; Carlos Reyes <rlasiys@Ikilhinr:>; Darren Kropf <1Dariren,lKira..pf@Ikitch_ern it cq>; Dave Seller <,D ve S IIIer@_Ki c_� iner,ca>; David Heuchert <If}ave,II.:Neuclhert@_Ikii:tclheineir:_ca>; David Paetz <1Davii ,I{ e.tx@Ikiitclheineir. >; Ellen Kayes <l.:'llll in_..IKa.yds..@.I ii:tclh ln_ .ir.,c >; Enova Power Corp.- Greig Cameron < rgil .cameroin@einoval ower„coinn>; Enova Power Corp. - Shaun Wang <slh_aq.in..w ing@einova�ower,com>; GRCA - Planning (pnllanning _ randriver.ca) <pIaninVinga randriver.ca>; Hydro One - Dennis DeRango <Vandusepllainnin @hy¢�ra�cnn com>; Jim Edmondson <J_Vm_ Edor000indson.@ t h ru_ _r c .>; Justin Readman <Jusdn.Read man kitchener.ca>• Katherine Hughes <Katheriine..11Nu Ihe.s I<Vtchener.ca> Mike Seilin ....................................................................................................................................... g ................................. ............................g............................................................................. g <I Vke.SeillVn @kutclhener.ca>• Ontario Power Generation <I�xecutVvev alawainddevello irnent o .corn>; .......................................................... ....:...... ..... ............ ...... .... Park Planning (SM) <Pa_LVc:_?.Ila_o°n_o°n.oln @kutchener.ca>; Region - Howard Chang ( Ih ng.@_r guo_r..o.fate.r.l_p.p.._ca. <S .ha.n... C _r�g.ionof aterl_po. a>; Region - Planning <PVannunpa ppVocat ns@_regjoinofwaterloo.ca>; Property Data Administrator (SM) .................................. <I rolf�_ �!tg� _rn..l_E..@_O<u.tc �n r.c >; Robert Morgan <Robert..MorB _.................................................... p:tc rq r.a >; Steven Ryder <Steven 1, der@ki�chener ca.>, Sylvie Eastman <S.vIvue Eastman@«_O tchener ca>, Tom Ruggle .......... ......... ......... .... <Torrp..:_taug.!!g...P�..Ikil:tclhene.ir.ca>; UW-WUSA (Feds) (.p_r s..@ a _sg_.c) <.IE�ir s..@ nr u_s .,c >; Planning < pjl rirniin @vrcrl_sl WRDSB - Board Secretary (gjgj.n..e. bu.rrns.@_yrr s .:_c) «Ilaji.ine_ buairins.t Page 112 of 355 WRDSB -Planning <.p!g.!2!2Jn8. uvir l ca> Cc: Brian Bateman < Na�..B mn. J....................................................a> _ t . Subject: Circulation for Comment - 117 Bloomingdale Road (ZBA) Caution - External Email - This Message comes from an external organization. Do NOT click on unrecognized links or provide your username and/or password. Please see attached. Additional documentation can be found in AMANDA folder 23-121017 (City staff) and 5h relFi.11e (external agencies). Comments or questions should be directed to Brian Bateman, Senior Planner brian.bateman kitclhener.ca; 519-741-2200 x7869 . (.......................................................................��........................................................... ) Christine Kompter Administrative Assistant I Planning Division I City of Kitchener 200 King Street West, 6t" Floor I P.O. Box 1118 Kitchener ON N2G 4G7 519-741-2200 ext. 7425 1 TTY 1-866-969-9994 christine.kompter@kitchener.ca am i Disclaimer - This email and any files transmitted with it are confidential and contain privileged or copyright information. You must not present this message to another party without gaining permission from the sender. If you are not the intended recipient you must not copy, distribute or use this email or the information contained in it for any purpose other than to notify us. If you have received this message in error, please notify the sender immediately, and delete this email from your system. We do not guarantee that this material is free from viruses or any other defects although due care has been taken to minimize the risk. Any views expressed in this message are those of the individual sender, except where the sender specifically states them to be the views of the Waterloo Catholic District School Board. Page 113 of 355 From: Dave Seller Sent: Wednesday, October 4, 2023 3:08 PM To: Brian Bateman Subject: ZBA comments: 117 Bloomingdale Road City of Kitchener Application Type: Zoning By-law Amendment ZBA23/033/B/BB Project Address: 117 Bloomingdale Road North Comments of: Transportation Services Commenter's Name: Dave Seller Email: dave.seller@kitchener.ca Phone: 519-741-2200 ext. 7369 Date of Comments: October 4, 2023 Development proposal The ZBA will facilitate redevelopment by removing the existing industrial buildings and detached dwelling and replacing them with four stacked townhouse dwellings with a total of 40 dwelling units and a total of 46 parking spaces. Parking supply The applicant is proposing to provide a total of 46 parking spaces for 40 dwelling units which equates to 1.15 parking spaces per unit. Visitor parking must be provided at a ratio of 0.15 spaces per unit and based on 40 units, 6 (15%) must be allocated for visitor parking. These parking ratios reflect the 2019- 051 zoning by-law. Conclusion Transportation Services is satisfied with the proposed parking supply for this development. 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(cDkitchener.ca Page 114 of 355 City of Kitchener Zone Change / Official Plan Amendment Comment Form Address: 117 Bloomingdale Road Owner: Marann Homes Application: Zoning By-law Amendment Application ZBA23/033/B/BB Comments Of: Parks and Cemeteries Commenter's Name: Lenore Ross Email: Lenore. ross@kitchener.ca Phone: 519-741-2200 ext 7427 Date of Comments: Oct 13 2023 Z I plan to attend the meeting (questions/concerns/comments for discussion) ❑ No meeting to be held ❑ I do NOT plan to attend the meeting (no concerns) 1. Documents Reviewed: I have reviewed the documentation noted below submitted in support of an application for a joint amendment to the City of Kitchener's Zoning By-law No. 85-1 and Zoning By-law No. 2019-051. The Subject Property is currently zoned "R-3 1R" in Zoning By-law No. 85-1. The purpose of the proposed amendment is to change the zoning to a combination of "RES -5" ("Low -Rise Residential Five Zone") and "NHC-1" ("Natural Conservation Zone") in Zoning By-law No. 2019-051. The proposed amendment also adds site-specific provisions to permit small increases to the maximum Floor Space Ratio ("FSR") and maximum building height, as well as a holding provision to require a Record of Site Condition before the proposed development may proceed. The amendment will facilitate redevelopment by removing the existing industrial buildings and detached dwelling and replacing them with four stacked townhouse dwellings with a total of 40 dwelling units and 46 parking spaces. • Planning Justification Report, including draft text of the proposed amendment, prepared by GSP Group ("GSP") • Functional Servicing and Stormwater Management Report, prepared by MTE Consultants Inc. ("MTE") • Existing Conditions Plan, Functional Grading Plan, and Functional Servicing Plan, prepared by MTE, • Scoped Environmental Impact Study, prepared by Aboud & Associates Inc. ("AA"), which includes the addendum prepared by AA; • Tree Preservation Plan, prepared by AA; • Site Plan, prepared by GSP; • Urban Design Brief, prepared by Orchard Design and GSP. 2. Site Specific Comments & Issues: Parks and Cemeteries has no significant concerns with the proposed Zoning Bylaw amendments and can provide conditional support subject to the minor updates to submitted studies are noted below. A City for Everyone Working Together — Growing Thoughtfully — Building Community 16 61 � of 355 City of Kitchener Zone Change / Official Plan Amendment Comment Form 3. Comments on Application and Submitted Documents 1) Parkland Dedication a) The site is within the Bridgeport East Planning Community and through Places and Spaces — An Open Space Strategy for Kitchener, this community has been identified as well served with active neighbourhood park space with Schaeffer Park approximately 150m west of the site. b) The City of Kitchener Park Dedication By law 2022-101 and Park Dedication Policy have been updated and new parkland dedication criteria, rates and land values have been approved by Council on August 22, 2022. The Bylaw is under appeal. Further changes to the Bylaw may be required as a result of the Bill 23 — More Homes Built Faster Act. c) The parkland dedication requirement for the proposed development will be deferred at the Zoning By-law Amendment application and assessed at a future Site Plan Application. Parkland dedication will be assessed based on the land use class(es) and density approved through the ZBA and required as a condition of Site Plan Approval. Parkland dedication will be taken as cash -in -lieu of land according to the Planning Act, Parkland Dedication Bylaw and Parkland Dedication Policy in effect. d) Based on the development information provided and using the approved land valuation of $3,830,000/ha, a dedication rate of 1ha/1000 units or 5%; a maximum dedication of either land or CIL of 10% and a capped rate of $11,862/unit, the parkland dedication for the proposed 0.8119ha site with 40 proposed units (demolition of 1 unit) is $155,479 Calculation: 0.8119ha x 0.05 = $155,479 (5% Bylaw 2022-101) 1ha /1000 units x 39 units = $149,370 (alternate rate Bylaw 2022-101) 0.8119ha x 0.1 = 0.033ha or $31,958 (More Homes Built Faster Act / Bill 23 10% cap) 2) Urban Design Brief, prepared by Orchard Design and GSP a) Pg 16 Circulation Diagram — the figure shows a potential connection to Shaefer Park within the 6m Access Allowance; this connection directs people to private lands and should be removed 3) Proposed Zoning of Natural lands and ownership a) The lands at the rear of the site along the Grand River should be zoned appropriately: NHC-1 and OSR-1. The lands adjacent to the Grand River at the end of Colyer Place are zoned similarly. b) If at a future Site plan application these lands will be conveyed to the City additional conditions may be required prior to acceptance of the land e.g. R -plan, removal of hazard trees c) If the lands will be retained by the Developer, a Registered Conservation Easement may be required along with additional conditions prior to approval of the Site Plan application e.g. fencing/demarcation bollards, restoration / buffer plantings. 4. Policies, Standards and Resources: • Kitchener Official Plan • City of Kitchener Park Dedication Bylaw 2022-101 and Park Dedication Policy • City of Kitchener Development Manual A City for Everyone Working Together — Growing Thoughtfully — Building Community lyd fig of 355 City of Kitchener Zone Change / Official Plan Amendment Comment Form • 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 5. 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 as cash -in -lieu of land according to the Planning Act, Parkland Dedication Bylaw and Parkland Dedication Policy in effect. A City for Everyone Working Together — Growing Thoughtfully — Building Community ctyb fi � of 355 From: rickroedding Sent: Saturday, September 23, 2023 10:38 PM To: Brian Bateman Subject: 117 bloomingdale road Follow Up Flag: Follow up Flag Status: Flagged You don't often get email from Learn why this is important I drive bloomingdale rd several times a day. Born and raised in Bridgeport. Narrow bridge, already heavy traffic at peak times, not the right place for this type of density ie existing low density quiet neighborhood village setting, etc. 4 floors means possible 2 units per townhouse. If i remember, past applications for development on this side of the bridge hinged on things like public and school transit and emergency vehicle access during peak times. 48 parking spaces ??? Where would 2nd vehicle and visitors park? I vote no, at very least a serious revision of this application. Sincerely, Rick roedding, Sent from my Bell Sarnsung device over Canada's Ilargest network. Page 118 of 355 From: kalita hanson Sent: Friday, September 29, 2023 9:27 AM To: Brian Bateman; news@ kitchener.ctv.ca; Scott Davey Subject: Proposed sight on bloomingdale rd Good afternoon, my name is Kalita and James steinbach. We live on Nelson ave. A few points I would like to discuss . First I cannot find anything on the site as to what is actually proposed to help our neighbors Page 119 of 355 .. ...... .... .. ' 13'85 BLEAMS, RD The applicant is propo& n, to m I gum to Res -6 to allow for a e development. Page 120 of 355 a�le�rd IN .. "I .. Page 121 of 355 a�le�rd IN .. "I .. Page 122 of 355 make an informed decision. I have attached what dosnt come up. We the people who live in Bridgeport have been duped by the city. First you approved a housing development on Stanley st. The traffic survey was done during covid ...I believe some news outlets might find this interesting. That is clearly not how the traffic works in Bridgeport. If you live here you know that. We cannot get out of this area as it is because of Guelph and Toronto traffic coming this way due to hwy 7 not being fixed for extra traffic. I realize there is a housing shortage, I can see this when I drive by tent city on Victoria and Weber . To shove 400 more people in an already traffic ridden area certainly is not well planned at all. No one is opposed to more housing but you have to have the roads to properly get people in and out. It literally takes me 20 min by car to get from Nelson ave to the corner store at high traffic . This is unacceptable that I am trapped in my own neighborhood. Why the lack of planning. We just recieved notice of this last week, again unacceptable. We have no idea what the actual proposal is due to lack of info on the card sent and the website... I will attend the zoom meeting, unsure why our neighbors are not allowed in person.we have a community Center , perhaps noone really wants to hear from us .... we will also be attending any future planning about this property. And again when will the traffic report be done and what time and what day ... this is truly important. I would like a plan which I can actually see please and a traffic report that is not from covid traffic. We deserve a real traffic report. Thankyou James and kalita Nelson ave Kitchener Bridgeport prisoners Page 123 of 355 Staff Report Development Services Department www.kitchener.ca REPORT TO: Planning and Strategic Initiatives Committee DATE OF MEETING: December 4, 2023 SUBMITTED BY: Rosa Bustamante, Director of Planning, 519-741-2200 ext. 7319 PREPARED BY: Brian Bateman, Senior Planner, 519-741-2200 ext. 7869 WARD(S) INVOLVED: Ward 8 DATE OF REPORT: November 6, 2023 REPORT NO.: DSD -2023-496 SUBJECT: 2150 Bleams Road Official Plan Amendment Application OPA23/018/B/BB and Zoning By-law Amendment Application ZBA23/015/Q/ES Trustees For St. John The Baptist Romanian Orthodox Church; Romanian Orthodox Parish St. John The Baptist RECOMMENDATION: That Official Plan Amendment Application OPA23/018/B/BB be adopted, in the form shown in the Official Plan Amendment as Attachments 'Al' and `A2', and, accordingly, forwarded to the Regional Municipality of Waterloo for approval; and That Zoning By-law Amendment Application ZBA23/030/B/BB requesting to amend Zoning By-law 2019-051, be approved in the form shown in the Proposed `Proposed By-law', and `Map No. 1' as Attachments `131' and `132'. REPORT HIGHLIGHTS: • The purpose of this report is to evaluate and provide a planning recommendation regarding proposed Official Plan and Zoning By-law Amendment Applications for the portion of the property located at 2150 Bleams Road, fronting on Gravel Ridge Trail. • It is Planninq staffs recommendation that the Official Plan and Zoninq By-law Amendment Applications be approved. The proposed applications represent an opportunity to provide additional low rise housing in the community. • The applicant has requested RES -5 zoning; however, in response to resident concerns, staff are recommending RES -4 zoning with special provisions to remove stacked townhouse dwelling units and other forms of multiples from the list of permitted uses but retain street fronting townhouses in addition to single and semi- detached dwellings. • Community engagement included: o Circulation of a preliminary notice to property owners and residents within 240 metres of the subject site; o Installation of a large billboard notice sign on the property; *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 124 of 355 o Follow up one-on-one correspondence with members of the public who responded to the circulation or saw the billboard sign; o Neighbourhood Meeting held on September 24, 2023. o An on-site meeting was held on October 19, 2023. o Notice advising of the statutory public meeting was circulated to all property owners and residents within 240 metres of the subject site, and those who responded to the preliminary circulation, and o Notice of the public meeting was published in The Record on November 10, 2023. • This report supports the delivery of core services. BACKGROUND: The City has received applications to amend the City's Official Plan and Zoning By-law for 2150 Bleams Road which request to change the land use designation and zoning for a portion of their lands fronting on Gravel Ridge Trail (shown hatched below). The lands are owned by the Romanian Church and are located in the Laurentian West Community. The rest of the lands, including the place of worship building and soccer fields, are not subject to this application. The applications are proposed to facilitate the future development of either single detached, semi-detached, or street fronting townhouse dwelling units in accordance with the recommended zoning. The purpose of this report is to outline the planning rationale in support of the applications in a modified format that balances policy direction and Provincial directives to approve more and varied housing forms in our established neighbourhoods, with the comments received from residents who have participated in the review of the application. ..aC. w;P r K� WBJE'CT AREA Figure 1 - Location Map: A portion of 2150 Bleams Road Page 125 of 355 Figure 2 — View of Gravel Ridge Trail portion of Subject Lands REPORT: The applicant is proposing to change the land use designation and zoning of a portion of the subject property. These changes are shown below in Figure 3. A change in land use/zoning is being requested to facilitate the future development of either single detached, semi-detached, or street townhouse dwelling units. Figure 4 represents a development scenario whereby street and stacked townhouse units could be accommodated within the site area using the `RES -5' zoning being requested. This is to justify that development could be accommodated within the site area representing a maximum development scenario. It is important to note the Owner has not determined in which form the development proposal will ultimately be developed but has requested 'RES -5' zoning to allow for flexibility to allow for a full range of low-rise residential uses. A future development will be subject to a severance process to create the proposed block and conveyable lots. That will entail a separate public process with the ability for give further feedback on the proposal at the Committee of Adjustment. Page 126 of 355 Figure 3- Proposed land Use and Zoning (Source: GSP) Page 127 of 355 lieu Future Street Townhouses with Possible Servicing Easement) Eight Future Stacked Townhouses (With Possible Servicing Ees( Figure 4- Conceptual Plans (Source: GSP) 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; Page 128 of 355 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 vi brant; 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. To support provincial policies relating to the optimization of infrastructure, transit and active transportation, the proposed zoning facilitates a compact form of development which efficiently uses the lands, is in close proximity to transit options, and makes efficient use of both existing roads and active transportation networks. The lands are serviced and are in proximity to parks, trails and other community uses. Provincial policies are in support of providing a broad range of housing. Planning staff is of the opinion that the proposed application will facilitate the intensification of the subject property with a low-rise development that is compatible with the surrounding community, helps manage growth, 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 development on the subject Page 129 of 355 lands. Moreover, this proposal will complete the streetscape and the final opportunity for the community. 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: L 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 higher density housing options that can accommodate a range of household sizes. Page 130 of 355 Planning staff is of the opinion that the applications conform to the Growth Plan. This proposal will support growth with the urban boundaries and better utilize existing services and infrastructure. Regional Official Plan (ROP): The subject lands are designated "Urban Area" and "Built -Up Area" on Schedule 3a of the Regional Official Plan (ROP). Urban Area policies of the ROP identify that the focus of the Region's future growth will be within the Urban Area and the proposed development conforms to Policy 25 of the ROP as the proposed development will support the achievement of the minimum intensification targets within the delineated Built -Up Area. Growth is directed to the Built -Up Area of the Region to make better use of infrastructure that can assist in transitioning the Region into an energy efficient, low carbon community. Furthermore, intensification within the Built -Up Area assists the gradual transition of existing neighbourhoods within the Region into 15 -minute neighbourhoods that are compact, well-connected places that allow all people of all ages and abilities to access the needs for daily living within 15 minutes by walking, cycling or rolling. ROPA 6 The subject lands are designated as Urban Area and Built -Up Area on Schedule 3a of the Regional Official Plan (ROP). Chapter 2 of the ROP directs the "vast majority' of growth to be located in the "key structural components" of the Region's Urban System (No. 2.A.3(a)), including the delineated built-up areas shown on Map 2 within which the Subject Property is located. ROP Policy No. 2.13.1.1 (c) states that growth in the delineated built-up areas should be accommodated "through gentle density and a broader range of missing middle housing options." The ROP's definition of "missing middle housing" (also added through ROPA 6) defines the term as "multiple unit housing including, but not limited to multiplexes, stacked townhouses, apartments, and other low-rise housing options," while "gentle density' is defined as "development or redevelopment in Urban Areas or Township Urban Areas with a slightly higher density than adjacent single -detached (or lower density) neighborhoods." The proposed development of the Subject Property fully fits this description and thus represents exactly the type of growth and development envisioned in this section of the ROP. The General Intensification Policies in Section 2.D.5 further emphasize the importance of these forms of housing, as they call upon the Region's area municipalities to "establish policies in their official plans and implementing zoning by-laws, to permit missing middle housing on a residential lot located within an Urban Area" (No. 2.D). In the opinion of staff, this proposal conforms to the ROP, as amended by ROPA 6, which supports new housing forms, including gentle intensification and missing middle housing, within established residential areas. City of Kitchener Official Plan (OP) Urban Structure The subject lands are identified as a `Community Areas' in the City's Urban Structure (Map 2). The planned function of Community Areas is to provide residential uses as well as non- residential supporting uses intended to serve the immediate residential areas. Community Page 131 of 355 Areas may have limited intensification with development being sensitive and compatible with the character, form, and planned function of the surrounding context. Land Use Designation — Low Rise Residential The subject lands are designated Low Rise Residential in the City's Official Plan (Map 3). Low Rise Residential areas are intended to accommodate a full range of low density housing types including single detached, semi-detached, townhouse, and low-rise multiple dwellings. The Low Rise Residential designation states that the City will encourage and support the mixing and integrating of innovative and different forms of housing to achieve and maintain a low-rise built form. No buildings shall exceed 3 storeys or 11 metres in height. No Official Plan amendment is required to implement the Zoning By-law Amendment application. Land Use Designation — Institutional The subject OPA application requests that the land use designation as shown on Map 3 of the 2014 Official Plan be changed from `Institutional' to `Low Rise Residential'. There is a small area located adjacent to Gravel Ridge Trail being changed from `Low Rise Residential' to `Institutional'. This is to accommodate a future servicing/trail block that will be created as part of a future consent process. Transitional policies and criteria are provided in policy 15.D.7.4 of the Official Plan. These policies indicate that where a use on a site with an Institutional land use designation ceases, the City may consider the redesignation of the site to an appropriate alternative land use designation only after examination of certain criteria. The criteria and staff comments are as follows: a) the use of the site for a suitable alternative institutional purpose. The existing institutional use is not being removed or displaced by the proposal — the land subject to the land use designation change are undeveloped lands fronting onto Gravel Ridge Trail. Topographically, the site falls approximately 7 metres from west to east at Gravel Ridge Trail. It would therefore be difficult to develop another institutional use with this terrain, however, residential uses with front walkout designs would be appropriate especially given the location of these lands relative to Gravel Ridge Trail. Most of the subject lands (+/- 3.75 hectares) will remain designated "Institutional" and will continue as a place of worship and recreation. b) acquisition of the site or a portion of it by the City for institutional or open space use, based on the park needs of the surrounding area; The Parks division does not require these lands for parkland purposes but will require cash -in -lieu of parkland dedication as part of any future consent process. It will also require a 4 -metre -wide trail connection. The applicant is proposing a 5 -metre -wide servicing corridor which could act jointly as a walkway connection. Details of this will be determined at the Consent Application stage however it is staffs intent to keep a strip of land 5 metres in width as `Institutional' as this corridor leads to the institutional use. This is reflected in the accompanying maps in Attachments `A2' and `B2' of this report. Page 132 of 355 c) the use of the site to meet housing targets, particularly for special needs or affordable housing. The More Homes Built Faster Act, 2022 (Bill 23) was introduced by the Government of Ontario support the Housing Supply Action Plan. The plan aims to increase housing supply and provide attainable housing options for Ontarians and their families. It is presented as the next step in the Province's plan to address the housing crisis by building 1.5 million homes over the next 10 years. Kitchener has pledged to approve 35,000 dwelling units within the next 5 years. Development of this area will help to achieve those overall housing targets and complete the Gravel Ridge Trail streetscape. Planning staff are of the opinion that it is appropriate for the subject lands to be redesignated from Institutional to Low Rise Residential. Proposed Official Plan Amendment Conclusion Planning staff is of the opinion that the requested Zoning By-law Amendment will facilitate a low-rise building form that conforms with the Low Rise Residential land use designation in the City's Official Plan. Planning staff are of the opinion that the proposed Official Plan Amendment is consistent with policies of the Provincial Policy Statement, conforms to the Growth Plan for the Greater Golden Horseshoe, the Regional Official Plan and the City of Kitchener Official Plan, and represents good planning. Proposed Zoning By-law Amendment: The subject property is zoned Neighbourhood Institutional Zone (INS -1) in Zoning By-law 2019-051. This zone permits a variety of institutional uses. Residential permissions are not permitted and therefore a zoning by-law amendment is required. The Owner has requested to change the zoning to the Low Rise Residential Five Zone (RES -5) for maximum flexibility in establishing future development. This zone would allow for a variety of low-rise residential uses including multiples such as street townhouses, cluster and stacked townhouses and other forms of low-rise multiples, including single and semi-detached dwellings. The list of permitted uses for the RES -5 zone can be seen in Figure 5 - an excerpt of Table 7-1 from Section 7.3 of Zoning By-law 2019-051. It is the most permissive of the Low Rise Residential zones in terms of uses. Through the circulation of the request, staff heard from many residents. Residents indicated they would prefer not to see any development, but would consider single and semi-detached dwellings only as noted at an on-site meeting of October 19, 2023, and follow up correspondence. Staff are mindful that this property is an infill project in an established low-rise residential neighbourhood consisting mainly of detached dwellings along Gravel Ridge Trail. However, there are street townhouses on nearby streets, and a stacked cluster townhouses development under construction in the community. After careful consideration, staff is recommending that the zoning be amended to RES -4 with Site Specific Provision (385) and Holding Provision (56H). The applicant requested RES -5 zoning; however, in response to resident concerns, staff are recommending RES -4 zoning with special provisions to remove stacked townhouse dwelling units and other forms of multiples from the list of permitted uses but retain street fronting townhouses in addition to single and semi-detached dwellings. Page 133 of 355 The list of permitted uses for the RES -4 zone are shown below in Figure 5. Staff are proposing to remove multiple dwellings and townhouse - cluster through Site Specific (385). Site Specific (385) also proposes a maximum of 5 units given the zoning regulation of 6 metre lot widths for street townhouses. Table 7.11: Permitted Uses within the Residelntlai Zones Use RES -1 RES -2 IBES -3 RES -4 RES -5 IBES.6 RES -7 Residential Uses &ngie Detached " Dwelling J ✓ J ✓ Additidnai bwweliing 'VMfs (Attached)(1) J ✓ J ✓ Additional Owvetling Links (Detached)(2) ✓ ✓ Semi -Detached DYwifing J' J ✓ Townhouse Dwelling - Street ('7) J(3) V(4) Townhouse Dwelling - Ciuster (7) V(4) V Muittple Dwelling V(3) ✓ � J Lodging House J ✓ � J Con'tinuin'g Care Community ✓ � J Hospice ✓ ✓ J Residentiai Care Facility, Small ✓ ,� .f ✓ ,� J Residen'tiai Care Facility, Large ✓ J Nen-Residential Uses Artisan's Establishment (5) J Community Facility (5) r Convenience RetaY (5) � J Day Care Fa6trty (5), J J Fina.n'Ciai Establishment (5) ..� Hea'Ith Office (5) J Home Occu'pa'tion (6) J ✓ J J ✓ J Oce (5) J Personal Services (5) Studio (5) � J Additional RegWatfons for (Permitted Uses Table 7-11 (1) Shall be pernnitted lin :accordance with 4,12 ,1 and 4.12.2. (2) Shall be permitted lin, :accordance with 4.112.3. (3) The nmaximum number of dwelling units lin a dwelling shall be 4. (4) The nmaximum number of dwelling units lin a dwelling shall be 8. (6) Permitted non-residential uses must be located within a multiple dwe)irng (despite the definition of nmuihpRe dwelling in Section 3) and are limited in si,Fe lin accordance with the regulations in "fable 7-6. Figure 5 — Table 7.1 of By-law 2019-051 Staff is of the opinion that the RES -4 zone with Site Specific Provision (385) presents a balanced and measured approach that would still permit increased housing options and will permit street fronting townhouses only to a maximum of 5 dwelling units. This is consistent with existing dwellings in the neighborhood. Figure 6 shows street fronting townhomes situated on Eliza Avenue just around the corner from the subject site. Each unit has its own driveway and garage fronting the street. Page 134 of 355 Figure 6 — Street -fronting townhomes on Eliza Avenue Below is an example of a typical detached dwelling located on Gravel Ridge Trail. The building form is similar in height and form to that of the street townhomes. The difference is townhomes are attached units where the single detached dwellings are not. Page 135 of 355 Figure 7 — Detached home on Gravel Ridge Trail With the recommended zoning, other forms of multiples (i.e., stacked townhouses) would not be permitted as they represent a different form of multiple that is not otherwise found in a street -oriented form in this community. That low-rise built form is often situated on larger blocks of land in a cluster format like the development currently under construction at 118 Gravel Ridge Trail. That site has a single point of access to Gravel Ridge Trail and is situated in behind existing homes. Furthermore, the proposed RES -4 zone has a minimum lot width of 6 metres for street townhouse as opposed to 5.5 metres under RES -5. This would allow for wider street fronting townhouse lots with the ability to provide more spacing between driveways. Details of the zoning are outlined in the Proposed By-law being recommended for approval in Attachment `B1' of this report. Staff are also recommending the implementation of a Holding Provision (56H) as part of the Zoning By-law. This is to ensure that an Urban Design Brief has been completed to the satisfaction of the Director of Planning to ensure design measures and standards have been accepted by staff. The Region of Waterloo has further requested that Stationary Noise Study, Record of Site Condition (FSR), Functional Servicing Report and Hydrogeological Study be included as part of a Holding Provision. After careful consideration, staff has elected to include the Stationary Noise and RSC provisions only as these are reasonable measures in the opinion of staff. The other matters could be implemented through a future consent Page 136 of 355 application. Moreover, there are existing municipal services along Gravel Ridge Trail. Staff didn't identify any capacity concerns. Future arrangements will have to made with staff for connections to whatever future development scenario that is contemplated. As such, it seems unreasonable to ask for a Functional Servicing Report for a maximum of 5 street fronting townhouse units on an existing street with services in place. Proposed Zoning By-law Amendment Conclusion Staff is of the opinion that the proposed Zoning By-law Amendment to change the zoning of the subject lands to RES -4 with Site Specific Provision (385) and Holding Provision (56H) represents good planning as it will facilitate the development of the lands with street - oriented housing which is consistent with other residential uses in the community. The proposed zoning will permit single detached, semi-detached, and street townhouses. Each of those units can be duplexed or triplexed if applicable zoning regulations are met. The proposed low rise residential uses are compatible with the existing neighbourhood, will complete the Gravel Ridge streetscape, and provide additional housing to meet housing targets. Staff are supportive and recommend that the proposed Zoning By-law Amendment be approved as shown in Attachments 'B1' and `B2'. Department and Agency Comments: Circulation of the Official Plan and Zoning By-law Amendment Applications was undertaken in June to all applicable City departments and other review authorities. No major concerns were identified by any commenting City department or agency and any necessary revisions and updates were made. Copies of the comments are found in Attachment `C' of this report. Parks staff however have requested that the proposed servicing easement remain designated as "Institutional' in the City's Official Plan. This is reflected on Schedule `A' to the OPA and Map No. 1 of the By-law as shown in Attachments `A2' and `B2'. The following Reports and Studies were considered as part of the proposed Official Plan and Zoning By-law Amendment Applications. These include a Scoped Planning Justification letter, Servicing letter, Arborist report and General Vegetation Overview. WHAT WE HEARD 14 people provided written comments and one petition was �1 received signed byseveral members of the community A City -led Neighbourhood and an On-site Meeting held on September 26 and October 19, 2023, respectively Ili 236 households (occupants and property owners) were circulated and notified Staff received written responses from 14 residents with respect to the proposed development. A petition was submitted in opposition to the proposal. These are included in Attachment `E'. A Neighbourhood Meeting was held on September 26, 2023, and a follow up on-site meeting occurred on October 19, 2023. The on-site meeting was well attended Page 137 of 355 with about 30 people in attendance. In addition, staff had follow-up one-on-one correspondence with members of the public. A summary of what we heard, and staff responses are noted below. What We Heard Staff Comment Hall noise and impact to new The church hall is often used for events such as development wedding and dinners that generates noise for existing residents. This proposed development will be next to the hall and marginally closer than existing residents. Staff suggest that it may be in the Owner's interest to advise potential purchasers in any sale and purchase agreements of the potential for noise. Construction noise, dust, and The City has rules and regulations governing traffic. construction activity and site maintenance. These will be enforced at the building construction stage. Residents were told this area The property is presently zoned and designated would remain undeveloped. `Institutional'. This zone permits for a range of uses that could be developed on this property. This application proposed changes to which uses can be develo ed on the property. Property value impacts Planning staff are not able to assess any impact of a new development on property values. For assessment purposes, which is used to calculate taxes, MPAC assesses property based on up to 200 different factors including the size of lot and house, the quality of construction, as well as many others. The assessed value usually differs from the market value of a property, and market value is influenced by numerous factors as well. Increased Traffic This proposal (a maximum of 5 dwelling units) will not generate additional traffic that will have an impact on the existing street network. Design standards for new Staff will require the preparation of an Urban Design Housing Brief as a requirement to lift a Holding Provision and will work with the applicant to ensure a high standard of design is achieved. Additionally, the Owner has assured staff that they are willing to include these higher standards as a condition of their purchase and sale agreements. The future development is not subject to site plan approval and building elevation review by City staff is no longer authorized in the Planning Act. Page 138 of 355 Residents do not want As noted in the report, staff has considered townhouses built in this location residents' request to eliminate townhomes as a permitted use in the By-law. Planning staff are recommending prohibiting multiple dwellings (i.e., stacked townhouses) from the proposed By-law and zone the property to RES -4 with Site Specific Provision 385, and not the RES -5 being requested. The RES -4 zone would permit street townhouses with 6 metre lot frontages, which is a similar built form found in the community. A maximum unit count of 5 is included. Provincial, Regional and City policy all encourage a mix of single detached, semi- detached and multiples in our low rise residential neighbourhoods to diversify housing stock and provide a continuum of housing. The Laurentian West Community is an example within the city that has a variety of housing forms within neighbourhoods. Impacts to trees and animals The area in question is not designated as a Natural Heritage Conservation Area in the Official Plan. As such, an Environmental Impact Statement was not required. The site does however have trees and vegetation. As such, the City's Tree Management Policy applies, and a preliminary plan was submitted as part of the application. A tree management/savings plan will be required with a future land severance application where details of housing design, grading and servicing will be explored in detail. Planning Conclusions: In considering the foregoing, staff are supportive of the proposed Official Plan and Zoning By-law Amendment Applications. Staff is of the opinion that the subject applications are consistent with policies of the Provincial Policy Statement, conform to Growth Plan for the Greater Golden Horseshoe, the Regional Official Plan, and the City of Kitchener Official Plan and represent good planning. Staff recommends that the applications be approved. The proposed applications represent an opportunity to provide additional housing that addresses a critical need in our community. STRATEGIC PLAN ALIGNMENT: The recommendation of this report supports the achievement of the City's strategic vision through the delivery of core service. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. Page 139 of 355 COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City s website with the agenda in advance of the Council / Committee meeting. A large notice sign was posted on the property and information regarding the application was posted to the City's website in early June. Following the initial circulation referenced below, an additional postcard advising of the statutory public meeting was circulated to all residents and property owners within 240 metres of the subject lands, those responding to the preliminary circulation and who attended the Neighbourhood Meetings. Notice of the Statutory Public Meeting was also posted in The Record on July 21, 2023 (a copy of the Notice may be found i n Appendix `C' CONSULT — The proposed Official Plan and Zoning By-law Amendment Applications were circulated to residents and property owners within 240 metres of the subject lands on June 10, 2023. In response to this circulation, staff received written responses from 3 members of the public, which were summarized as part of this staff report. Planning staff also had one-on-one conversations with residents on the telephone and responded to emails. PREVIOUS REPORTS/AUTHORITIES: • Planning Act, R.S.O. 1990, c. P.13 • Growth Plan, 2020 • Provincial Policy Statement, 2020 • Region of Waterloo Official Plan • City of Kitchener Official Plan, 2014 • City of Kitchener Zoning By-law 2019-051 REVIEWED BY: Garett Stevenson, Manager of Development Review, Planning Division Tina Malone -Wright, Supervisor Development Applications, Planning Division APPROVED BY: Readman, Justin - General Manager, Development Services ATTACHMENTS: Attachment Al — Proposed Official Plan Attachment A2 — Schedule `A' of the OPA to amend Map 3 Attachment B1 - Proposed By-law Attachment B2 — Map 1 No. 1 Attachment C — Newspaper Notice Attachment D — Department and Agency Comments Attachment E — Neighbourhood Comments Page 140 of 355 AMENDMENT NO. XX TO THE OFFICIAL PLAN OF THE CITY OF KITCHENER CITY OF KITCHENER 2150 Bleams Road Page 141 of 355 AMENDMENT NO. XX TO THE OFFICIAL PLAN OF THE CITY OF KITCHENER CITY OF KITCHENER 2150 Bleams Road 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 December 4, 2023 APPENDIX 2 Minutes of the Meeting of Planning & Strategic Initiatives Committee — December 4, 2023 APPENDIX 3 Minutes of the Meeting of City Council — December 11, 2023 Page 142 of 355 AMENDMENT NO. XX TO THE OFFICIAL PLAN OF THE CITY OF KITCHENER SECTION 1 — TITLE AND COMPONENTS This amendment shall be referred to as Amendment No. XX to the Official Plan of the City of Kitchener. This amendment is comprised of Sections 1 to 4 inclusive. SECTION 2 — PURPOSE OF THE AMENDMENT The purpose of the Official Plan Amendment is amend: • Map 3 -Land Use by redesignating a portion of the subject property fronting Gravel Ridge Trail from `Institutional' to `Low Rise Residential' and small portion from `Low Rise Resdiential' to `Institutional'; SECTION 3 — BASIS OF THE AMENDMENT The subject lands are designated dual designated "Institutional" and "Low Rise Residential" in the Official Plan.The majority of the Parish property is designated "Institutional" in the City of Kitchener Official Plan, with the exception of the acquired parcel (from the Eby Estates Plan) fronting Gravel Ridge Trail designated "Low Rise Residential". Residential uses are not permitted in the "Institutional" designation. An Official Plan Amendment is required to redesignate the identified area of the property to "Low Rise Residential" for residential use. Policies of section 15.D.7.4 ensure an evaluation is completed prior to a change in land use. These policies indicate that where a use on a site with an Institutional land use designation ceases, the City may consider the redesignation of the site to an appropriate alternative land use designation only after examination of certain criteria. The criteria and staff comments are as follows: a) the use of the site for a suitable alternative institutional purpose. The subject area are roughly rectangular, sloped and 0.25 ha in are. The portion of the property adjacent to Gravel Ridge Trail is unused and is partially covered with vegetation. The size, shape and orientation of the lands on Gravel Ridge Trail lends itself to low rise residential development and will complete the Gravel Ridge Trail residential streetscape at this location. The subject property is not suitable for another alternative institutional use. The institutional use is not being removed or displaced by the Proposed Development. The majority of the Parish lands (+/- 3.75 hectares) remain designated "Institutional" and will continue as a place of worship and recreation. Topographically, the site falls approximately 7 metres from west to east at Gravel Ridge Trail. It would be difficult to develop another institutional use with this terrain. The City has no interest in persuing this parcel for parkland or instutional use. b) the use of the site to meet housing targets, particularly for special needs or affordable housing. More Homes Built Faster Act received Royal Assent on November 28, 2022. This legislation aims to increase the housing supply for Ontarians by 1.5 million units over the next 10 years. Kitchener Council has plegged to support the creation of 35,000 units by 2031. This proposal will help to meet those mandated housing targets. Page 143 of 355 It is proposed that approximately a 5.0 metre wide strip of land be used to provide a servicing corridor and walkway from Gravel Ridge Trail to the balance of the subject lands used for instutional purposes. This is provide municipal servicing and a pedestrian connection into the property. To that end, it is appropriate to have Instutional land use for the corridor and hence the need to re -designate a very small portion from Low Rise Residential to Institutional. Having examined the proposed Official Plan Amendment, staff are of the opinion that it is appropriate for the portion of the site fronting onto Gravel Ridge Trail to transition from `Institutional' to `Low Rise Residential'. The amendment as proposed herein is consistent with the objectives of the Provincial Policy Statement and the Policies of the Growth Plan for the Greater Golden Horseshoe. The Official Plan Amendment conforms to the Regional Official Plan. Staff are 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 is hereby amended as follows: a) Amend Map No. 3 — Land Use by designating as `Low Rise Residential' instead of `Institutional', the lands shown as "Area 1 of Amendment" on the attached Schedule `A'; and b) Amend Map No.3 — Land Use by designating as `Institutional' instead of `Low Rise Resdiential', the lands shown as "Area 2 of Amendment" on the attached Schedule W. 4 Page 144 of 355 APPENDIX 1: Notice of the Planning & Strategic Initiatives Committee Meeting () PROPERTY OWNERS AND INTERESTED PARTIES ARE INVITED TO ATTEND A PUBLIC MEETING TO DISCUSS A PROPOSED OFFICIAL PLAN AMENDMENT & AMENDMENT TO THE KITCHENER ZONING BY-LAW UNDER THE SECTIONS 17,22 & 34 OF THE PLANNING ACT The public meeting will be held by the Planning & Strategic Initiatives Committee, a Committee of Council which deals with planning matters, on: Monday, at 7:00 P.M. COUNCIL CHAMBERS, 2nd FLOOR, CITY HALL 200 KING STREET WEST, KITCHENER. Any person may attend the public meeting and make written and/or verbal representation either in support of, or in opposition to, the above noted proposal. If a person or public body would otherwise have an ability to appeal the decision of the City of Kitchener to the Local Planning Appeal Tribunal, but the person or public body does not make oral submissions at a public meeting or make written submissions to the City of Kitchener prior to approval/refusal of the proposal, the person or public body is not entitled to appeal the decision. ADDITIONAL INFORMATION is available by contacting the staff person noted below, viewing the staff report contained in the agenda (available approximately 10 days before the meeting - https://calendar.kitchener.ca/council - click on the date in the calendar, scroll down & select meeting), or in person at the Planning Division, 6t" Floor, City Hall, 200 King Street West, Kitchener between 8:30 a.m. - 5:00 p.m. (Monday to Friday). 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M M Iti" M M jr"ti" M M „^, aQ +^"° r ^' l IA r r '4^an „;� +^"" a° + l IA r r '4^an „;� I r'' r , tier ^J� „� �,^ r.,,g,a..IA '4^an Itis ^�„ +^ r�.,,g';� 'o„n Iti"I �+,a+° ,, �+,a+° ..;Iti�r 111 � Q � '+^.r IA IA IA IA '"^"" IA '4^an '+^an ,al , {^ r i^an r �o,vr ^I ,, ' {CIA +;"°" '+;� 1M Iti,., „;� a;,H {CIA +;"'°" '”, a'°'N 1;1� Iti"a ,;� a,,M 4"g" 'r;� ",,M Iti"a ,t� ai,M ^,.,^ "t� a„M I� Iti ^ +^� ",,M „;I� ^,. ,t� a,,M"fly Itir „;I� ",,M „;� 4''° 'r;l� ",,M r^'I� Iti", III Q m O alb a'M a,,M Iti., M a n,,M Iti ti"'r _,II ad',M I• `r 1.,,1�' A° ti.,,n ;nlA""n r aidM I�"b +.,,rlA" ad',M I�"b +.,,i, IA" ,^ +.,,i, ad',M I�"b +„,i, I�'b A°, ,” IA ad',M I�" b,^ „u ti ti ti"b ;r " 2023 BY-LAW NUMBER OF THE CORPORATION OF THE CITY OF KITCHENER (Being a By -Law to amend Zoning By-law 2019-051, as amended, known as the Zoning By-laws for the City of Kitchener — TRUSTEES FOR ST. JOHN THE BAPTIST ROMANIAN ORTHODOX CHURCH — 2150 Bleams Road) WHEREAS it is deemed expedient to amend By-law 2019-051 for the lands specified above; NOW THEREFORE the Council of the Corporation of the City of Kitchener enacts as follows: 1. Zoning Grid Schedule Number 28 of Appendix "A" to By-law Number 2019-051 is hereby amended by zoning the lands shown as Area 1 as Low Rise Residential Four Zone (RES -4) with Site Specific Provision (385) and Holding Provision (56H). 2. Zoning Grid Schedule Number 28 of Appendix "A" to By-law Number 2019-051 is hereby amended by zoning the lands shown as Area 2 as Low Rise Residential Four Zone (RES -4) with Site Specific Provision (385) and Holding Provision (56H). 3. Zoning Grid Schedule Number 28 of Appendix "A" to By-law Number 2019-051 is hereby amended by zoning the lands shown as Area 3 lands as Neighbourhood Institutional Zone (INS -1). 4. Section 19 of By-law Number 2019-051 is hereby amended by adding Site Specific Provision (385) thereto as follows: "(385). Notwithstanding Section 7.3 of this By-law, within the lands zoned RES -4 and shown as being affected by this subsection on Zoning Grid Schedule Number 28 of Appendix "A", the following site specific provisions shall apply: Page 148 of 355 a. Multiple Dwelling, Stacked Townhouse Dwelling, and Cluster Townhouse Dwelling are not permitted. b. The maximum number of Street Townhouse Dwelling units is 5, however Additional Dwelling Unit (Attached) and Additional Dwelling Unit (Detached) shall be permitted in accordance with Section 4 of this by-law. C. Geothermal wells are prohibited." 5. Section 20 of By-law 2019-051 is hereby amended by adding Section (56H) thereto as follows: "(56H). Notwithstanding Section 7 of this By-law within the lands zoned RES -4 and shown as being affected by this subsection on Zoning Grid Schedule Number 28 of Appendix "A", no land uses shall be permitted until such time as: a. An Urban Design Brief has been completed and implementation measures have been addressed to the satisfaction of the Director of Planning and this holding provision has been removed by by-law. b. A Stationary Noise Study and Record of Site Condition have been approved to the satisfaction of the Region of Waterloo." 6. This By-law shall become effective only if Official Plan Amendment No. XX (2150 Bleams Road) comes into effect, pursuant to Section 24(2) of The Planning Act, R.S.O. 1990, c. P.13, as amended. PASSED at the Council Chambers in the City of Kitchener this day of , 2023. 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H O CO O Q a m��muuuuuuu tt ~ t U t r ^ ,O .... �O M C:)w . . d w n GJQ� W Cl) co1 a � W N Ix Qv W MOO F- WIW 1 d Q W m W T" W? yly ■ HU � O =° � C) Z nm ¢ F-: w a cl�o m Q LLa � 1 cn z N WQ LU I ~O 1 � NOTICE OF PUBLIC MEETING for a development in your neighbourhood 2150 Bleams Road Proposed Land Use obt 1'(.h..'t s k e r'll 1. a l., Ile axii r it i �i.i r.ri 1„.„.1 r 1l I t.s Have Your Voice Heard! Planning & Strategic Initiatives Committee Date: December 4, 2023 Location: Council Chambers, Kitchener Citi Hall 200, King Street West oV'irtual Zoom Fleeting Go to kitchener.ca/meetings and select: • Current agendas and reports (posted 10 days before meeting) • Appear as a delegation • Watch a meeting To learn more about this project, including information on your appeal rights, visit: www.kitchenenca/ PlanningApplications or contact: Brian Bateman, Senior Planner brian.bateman@ kitchener.ca 519.741.2200 x7869 The City of Kitchener will consider applications for an Official Plan and Zoning By-law Amendments from the Romanian Church Parish located at 2150 Bleams Road. They are requesting to have a portion of their property fronting onto Gravel Ridge Trail re -designated and re -zoned from `Institutional' to `Low Rise Residential' and `INS21 to `RES -4 (385)' to facilitate the future developme of ei r slbnf I tached, � e �� 1 �5� semi-detached or street fronting townhouse dwelling un Date: October 12, 2023 To: Brian Bateman From: Jason BrUle cc: Carlos Reyes Subject: Zoning By-law Amendment Application Marann Homes 117 Bloomingdale Road, Kitchener ZBA23/033/B/BB Klr',o rf,-v".R The below comments have been prepared through the review of the supplied Existing Conditions Plan, Functional Grading Plan, Functional Servicing Plan and Functional Servicing & SWM Report prepared by MTE Consultants Inc. revised May 15, 2023 in support of the above noted application. General Comments: 1. Engineering supports the zoning by-law amendment with some advisory comments provided below. Sanitary: 2. Flows for this site were confirmed in the City's model and no issues were found. Design parameter in the design sheet are not consistent with City of Kitchener. The residential average daily flow rate is 305 L/c/d or 0.00353 L/s, the infiltration rate is 0.15 L/s/ha and the ICI values seem off but are not critical in this instance. Water (Angela Mick, KU): 3. No concerns for this site. The report noted the 300mm watermain as being a Regional main. It is actually a City main in the Regional Road. Stormwater Management: 4. The stormwater management approach for this site is supportable. It is going to be very important to confirm (at the detailed design stage) that the offsets are achieved (dependent on system chosen) and the soils are conducive to that level of infiltration for future longevity of the facility. Jason Brule, C.E.T. Engineering Technologist Page 152 of 355 City of Kitchener OPA & ZBA Comment Form Project Address: 117 Bloomingdale Road, Kitchener Application Type: Official Plan Amendment & Zoning Bylaw Amendment Comments Of: Urban Design Commenter's Name: Katey Crawford Email: Katey.Crawford@kitchener.ca Phone: 519-741-2200 ext. 7157 Date of Comments: October 10th, 2023 ❑ I plan to attend the meeting (questions/concerns/comments for discussion) Z No meeting to be held ❑ I do NOT plan to attend the meeting (no concerns) 1. Documents Reviewed • Urban Design Brief (August 2023), prepared by GSP Group Inc. • Site Plan (July 12th, 2023), prepared by GSP Group Inc. • Floor Plans & Elevations (May 2"d, 2023), prepared by Orchard Design Studio Inc. • Tree Preservation Plan (June 5th, 2023), prepared by Aboud & Associates Inc. 2. Site Specific Comments & Issues: UD Brief & Elevations • Show extent of proposed exterior decking and stairs on elevations and site plan for proposed buildings 1-3. • Provide upper unit glazing on side elevations for proposed building #4. The incorporation of glazing will reduce blank wall appearance, further activate public realm, and increase unit sun exposure. • Provide elevations for Building #2, with proposed grading shown/accounted for. • Page 24 notes "All elevations, including side elevation, have window opening and balconies; no blank facades" However, elevations provided show no glazing on side elevations for building #4. A City for Everyone Working Together — Growing Thoughtfully — Building Community Page 153 of 355 Please revise Building #4 elevations as per note above. Include note regarding east elevation blank wall for proposed building #2. • Please note on page 25, utility infrastructure and metering equipment shall be located away from public view and appropriately screened. Provide the following: 1. Updated Urban Design Brief as per comments above. 2. Updated Elevations as per comments above. 3. Updated Site Plan as per comments above. A City for Everyone Working Together — Growing Thoughtfully — Building Community Page 154 of 355 � n Administration Centre: 400 C:lyde Road, PC), Box /29 C cvnhridape, C)Id I`d 113 `M6 Phoir(.'k:'kI°) 621 2/01 fol@free( 14('56 (.)C)U 4/.;12 Fax;,11) 021 4,S44 wwwgrandriver.ca Go n October 12, 2023 Brian Bateman Senior Planner City of Kitchener 200 King Street West Kitchener ON N2G 4V6 brian. bateman(a)-kitchener.ca Re: Zoning Bylaw Amendment Application ZBA23/033/B/BB 117 Bloomingdale Road North, Bridgeport Marann Homes Dear Mr. Bateman, The Grand River Conservation Authority (GRCA) staff have reviewed the above -noted application for 40 stacked townhouses. Recommendation The GRCA has no objection to the application in principle. We request the applicant to refine the grading at the north of the site, and we advise the City to consider implications for a future public trail. Documents Reviewed by Staff Staff have reviewed the following documents submitted with this application: • Planning Justification Report (GSP Group, August 2023) • Urban Design Brief (GSP Group, August 2023) • Functional Servicing and Stormwater Management Report (MTE, May 2023) • Geotechnical Investigation (Chung & Vander Doelen, December 2020) • Slope Stability Assessment (Chung & Vander Doelen, February 2018) o Slope Cross -Sections (Chung & Vander Doelen, March 2023) • Site Plan (GSP Group, revised July 12, 2023) • Grading and Servicing Plans (MTE, revised March 15, 2023) Page 1 of 3 C ri'',) e i, oi,,(-,rv,'aIirraa ()rar arn:), rprr s,,rlirar i r i o's 36 Cori,'errtirrra A iC,Iioririih'ie Gr,iri(J A Canadian 4leric�,r e River Page 155 of 355 GRCA Comments The GRCA has reviewed this application under Ontario Regulation 686/21, acting on behalf of the Province regarding natural hazards identified in Section 3.1 of the Provincial Policy Statement (PPS, 2020), as well as in accordance with Ontario Regulation 150/06 and GRCA's Board approved policies. Information currently available at our office indicates that the subject lands contain the Grand River, as well as its associated floodplain and valley slope. We have confirmed that the regulatory flood is contained on the slope, so the erosion hazard associated with the valley slope would be the greater constraint. The erosion hazard was verified through geotechnical / slope stability reports previously submitted by the applicant during pre -consultation. The plans show most of the grading and all structures to be outside of the erosion hazard and the 6 metre access allowance. As such, we have no objections to the application in principle. The GRCA typically requests that grading is kept outside of the 6 metre erosion hazard allowance. For this site, we understand that grading is required for demolition and restoration of the site. That said, some 3:1 slope grading is still shown within the allowance at the west and east property boundaries, and we request this is revised to remove it from the allowance to the extent possible. We also request the grading is refined to reduce any concentrated flowpaths along the north of the site, and encourage greater dispersed overland runoff. It is recommended that all grading avoid impacts to any existing mature deciduous trees along the physical top of slope. We understand all other stormwater management (SWM) for the site is infiltrated for the 100 -year event, and is otherwise directed to municipal infrastructure. We support the proposed infiltration, as it will eliminate the need for a new outlet to the Grand River. We otherwise defer further SWM comments to the municipality. Advisory Comment to the City The urban design brief illustrates a potential connection between the site and Schaefer Park. It is shown within the 6 metre access allowance to the erosion hazard. Any future trails in this area will need to comply with GRCA policies 8.2.21 / 8.2.22. We request municipalities to secure trails that are not river access points outside of the erosion hazard, and generally recommend that it is also outside of the 6 metre allowance wherever possible. Page 2 of 3 Page 156 of 355 This is considered a major zoning bylaw amendment application. Consistent with GRCA's 2023 approved fee schedule, we will invoice the applicant $2,500 for our review. A separate fee will be required for a GRCA permit. We trust this information is of assistance. If you have any questions or require additional information, please contact me at 519-621-2763 ext. 2292 or theywood grand river. ca. Sincerely, Trevor Heywood Resource Planner Grand River Conservation Authority Encl. Resource Mapping cc: Eric Saulesleja, GSP Group Carrie Musselman, City of Kitchener Lenore Ross, City of Kitchener Page 3 of 3 Page 157 of 355 City of Kitchener COMMENT FORM Project Address: 117 Bloomingdale Rd. N. Application Type: Zoning By-law Amendment ZBA23/033/B/BB Comments of: Environmental Planning — City of Kitchener Commenter's Name: Carrie Musselman Email: carrie.mussel man@kitchener.ca Phone: 519-741-2200 X 7068 Date of Comments: October 31, 2023 1. Plans, Studies and Reports reviewed: • 117 Bloomingdale Rd, City of Kitchener, Region of Waterloo Scoped Environmental Impact Study, prepared by Aboud & Associates Inc., June 2, 2023. • 117 Bloomingdale Rd, City of Kitchener, Scoped EIS Addendum Report, prepared by Aboud & Associates Inc., July 11, 2023. • Tree Preservation Plan, Drawing No. TP1 and TP2, prepared by Aboud & Associates Inc., June 2023. • Geotechnical Investigation, 117 Bloomingdale Rd N, Kitchener. Prepared by Chung & Vander Doelen Engineering Ltd., December 7, 2020. • Slope Stability Assessment, Proposed Future Development, 117 Bloomingdale Rd N, Kitchener, prepared by Chung & Vander Doelen Engineering Ltd., February 12, 2018. • 117 Bloomingdale Rd N - Site Plan, prepared by GSP, July 12, 2023 2. Site Specific Comments & Issues: I have reviewed the studies as noted above, submitted in support of a complete a zoning bylaw amendment application that is proposing development that includes the removal of the existing industrial buildings and detached dwelling and the construction of four stacked townhouse dwellings with a total of 40 dwelling units and 46 parking spaces at 117 Bloomingdale Rd N, and note: • The proposed development complies with the Endangered Species Act as it has been determined that the candidate SAR habitat present within the study area will not be negatively impacted through the applied mitigation measures. • The proposed development complies with the City of Kitchener Official Plan (2014) as Locally Significant Valley Kitchener Core Natural Heritage Feature will not be impacted by the proposed works through the implementation of recommended mitigation techniques. • Development is proposed to occur outside of the EUF-1 and Flooding Hazard overlay areas and the Slope Stability Assessment Report has confirmed that the proposed development is compliant with section 17.2.2 b) ii, iii, iv, and vi of the Kitchener 2019-051 Zoning By-law. • A Tree Preservation Plan was submitted in support of the application. In summary, the TPP noted a total of 35 trees were inventoried. Two of the thirty-five trees are recommended to be removed to facilitate the proposed development. A City for Everyone Working Together — Growing Thoughtfully — Building Community Page 158 of 355 • The slope assessment report concluded that the total setback for future development is 12 m from the existing top of slope. The total setback consists of Stable Slope Allowance: 2 m, Toe Erosion Allowance: 4 m, and Erosion Access Allowance: 6 m. • To protect the natural features, functions, and associated buffers on the subject property. The City would be interested in having a discussion with the applicant/owner at the time of Site Plan Application regarding conveying any and/or all portion(s) identified as Natural Heritage Conservation to the City. If the lands are not conveyed, then we request the owner to enter into a Conservation Easement that would be registered on title. Based on my review of the supporting studies the proposed Zoning By Law amendment can be supported, subject to: 1. The NHC-1 zone be applied to the lands adjacent to the Grand River up to and including the Slope Erosion Allowance as shown on the Site Plan (GSP, July 12, 2023). 2. The proposed development (i.e., future site plan) is in accordance with the Scoped Environmental Impact Study, prepared by Aboud and Associates Inc., dated June 10, 2022. 3. Mitigation measures outlined in Section 7 of the Scoped Environmental Impact Study, prepared by Aboud and Associates Inc., dated June 10, 2022, are implemented, and incorporated into plans and drawing (i.e., future site plan) where applicable. 3. Policies, Standards and Resources: Natural Linkages • As per Section 7.C.2.50 of the Official Plan. The incorporation of Natural Linkages and Corridors will be required in the design of new development or redevelopment with the intent of maintaining, enhancing or, wherever feasible, restoring linkages among natural heritage features. Trails or other uses • As per Section 7.C.2.51 of the Official Plan. The introduction of recreational trails or other uses that could harm Natural Linkages and Corridors is discouraged unless it can be demonstrated to the satisfaction of the appropriate approval authority that the proposed use will not harm the natural habitat. • As per Section 13.C.2.6. of the Official Plan, The location and design of multi -use pathways will have regard for the Natural Heritage System and its features. Development, redevelopment or site alteration may be permitted on lands adjacent to the Natural Heritage System features where an Environmental Impact Study demonstrates that the location and design of the multi -use pathway will not result in adverse environmental impacts on the natural heritage feature or ecological functions of the feature. Development adjacent • As per Section 7.C.2.23 of the Official Plan. Development, redevelopment or site alteration will only be permitted on lands adjacent to the Natural Heritage Conservation features where an Environmental Impact Study or other appropriate study has determined to the satisfaction of the City, Region, Grand River Conservation Authority and/or Province, as appropriate, that approval of the proposed development, redevelopment or site alteration would not result in adverse environmental impacts on the natural heritage feature or the ecological functions of the feature. Environmental Impact Study • As per Section 7.C.2.52 of the Official Plan. Any required Environmental Impact Study will be completed in accordance with the Environmental Impact Studies Policies in Section 17.E.11. Acquiring Lands / Conservation Easement A City for Everyone Working Together — Growing Thoughtfully — Building Community Page 159 of 355 • As per Section 7.C.2.58 of the Official Plan. Notwithstanding Policy 7.C.2.57, where feasible, the City will consider acquiring land to protect and improve the Natural Heritage System. Tree Management • As per Section 8.C.2.16. of the Official Plan, the City will require the preparation and submission of a tree management plan in accordance with the City's Tree Management Policy (available on the City's Website), where applicable, as a condition of a development application. o Any tree management plan must identify the trees proposed to be removed, justify the need for removal, identify the methods of removal and specify an ecologically sound tree replacement scheme and any mitigative measures to be taken to prevent detrimental impacts on remaining trees. • policy 8.C.2.6., the City will incorporate existing and/or new trees into the streetscape or road rights- of-way and encourage new development or redevelopment to incorporate, protect and conserve existing healthy trees and woodlands in accordance with the Urban Design Policies in Section 13 (Landscape and Natural Features) of the Urban Design Manual and the Development Manual. Hedgerows • As per Section 8.C.2.19. of the Official Plan, when considering development, redevelopment or site alteration proposals, the City may require the protection and enhancement of hedgerows, especially where: a) they link other elements of the Natural Heritage System; b) wildlife regularly use them as habitat or movement corridors; c) they are composed of mature, healthy trees; d) they contain trees that are rare, unique, culturally important or over 100 years in age; or, e) they contribute to the aesthetics of the landscape. Natural Heritage Features • The mapping and criteria for identifying individual natural heritage features is included in the Kitchener Natural Heritage System Technical Background Report (rev. June 2014). 4. Advice: • The subject property is 0.89 ha (2.21 acres) in size and so the City's Tree Conservation By-law applies. If the owner would like to remove a tree (not part of a planning approval), a tree conversation permit may be required. Additional information can be found on the City's website at: https://www.kitchener.ca/en/building-and-development/tree- conservation.aspx#Tree-conservation-permits. A City for Everyone Working Together — Growing Thoughtfully — Building Community Page 160 of 355 City of Kitchener - Comment Form Project Address: 117 Bloomingdale Road Application Type: ZBA Comments of: Environmental Planning (Sustainability) — City of Kitchener Commenter's name: Raida Chowdhury Email: raida.chowdhury@kitchener.ca Phone: 519-741-2200 ext. 7078 Written Comments Due: October 13, 2023 Date of comments: October 5, 2023 1. Plans, Studies and/or Reports submitted and reviewed as part of a complete application: • Planning Justification Report—Sustainability Statement, 117 Bloomingdale Road, prepared by GSP Group, August 2023. 2. Comments & Issues: I have reviewed the supporting documentation (as listed above) to support an OPA/ZBA application proposing 373 residential units and 1,086 m2 of commercial space on the subject property, 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, an updated Sustainability Statement is required, which clarifies how the proposed development's energy conservation measures will go beyond OBC requirements. 3. Conditions of Site Plan Approval: • To submit a revised Sustainability Statement to the satisfaction of the City's Director of Planning. Further, the approved sustainability measures recommended in the Sustainability Statement will be implemented in the landscape, stormwater management, and building design, to the satisfaction of the City's Manager of Development Review. 4. Policies, Standards and Resources: • Kitchener Official Plan Policy 7.C.4.5. The City will encourage and support, where feasible and appropriate, alternative energy systems, renewable energy systems and district energy in Page 161 of 355 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. 5. Advice: ➢ As part of the Kitchener Great Places Award program every several years there is a Sustainable Development category. Also, there are community-based programs to help with and celebrate and recognize businesses and sustainable development stewards (Regional Sustainability Initiative - http://www.sustainablewaterlooregion.ca/our-programs/regional-sustainability- initiative and TravelWise - http://www.sustainablewaterlooregion.ca/our-programs/travelwise). ➢ The 'Sustainability Statement Terms of Reference' can be found on the City's website under 'Planning Resources' at ... https://www.kitchener.ca/SustainabilityStatement Page 162 of 355 From: Planning (SM) Sent: Friday, October 13, 2023 10:15 AM To: Brian Bateman Subject: FW: Circulation for Comment - 117 Bloomingdale Road (ZBA) FYI Regards, Arwa Alzoor Planning Technician / Site Development) Planning Division I City of Kitchener 519-741-2200 ext. 7847 1 2.irwya.::ll:IrC_klhin_ir„c From: Planning <g anninZ@wcdsb.ca> Sent: Friday, October 13, 2023 10:13 AM To: Planning (SM) <plannunfkitchener.ca> Subject: FW: Circulation for Comment - 117 Bloomingdale Road (ZBA) You don't often get email from plannin_Cflwcdsb_.ca. Learn_ w_hy._th.is. s mportant From: Planning Sent: Friday, October 13, 2023 10:11 AM To: ,brian.bate_ n.(_.kotcl�_e_rier.ca Subject: RE: Circulation for Comment - 117 Bloomingdale Road (ZBA) Good Afternoon Brian, The Waterloo Catholic District School Board has reviewed the subject application and based on our development circulation criteria have the following comment(s)/condition(s): A) That any Education Development Charges shall be collected prior to the issuance of a building permit(s). B) That the developer and the Waterloo Catholic District School Board reach an agreement regarding the supply and erection of a sign (at the developer's expense and according to the Board's specifications) affixed to the development sign advising prospective residents about schools in the area. Page 163 of 355 If you require any further information, please contact me by e-mail at Jordan.Neale@wcdsb.ca. Thank you, Jordan Neale Planning Technician, WCDSB 480 Dutton Dr, Waterloo, ON N2L 4C6 519-578-3660 ext. 2355 From: Christine Kompter < Ihiriistiiine,ll<oinnup it kii.tchener.ca> ............................................................................................... Sent: Monday, September 18, 2023 12:01 PM To: jvink <Jyi.nik_( yroollwiicaha_ca>; _DL_#_DSD_Planning <,DSD -P1 inini.n.gDiyii_siion.C) tclheinpir a>; Bell - c/o WSP <cirrcuallatiioins wsp._! ogM>, Carlos Reyes <Carlps.Reyps kitclhpiner c >; Darren Kropf <[7irirodin:IKirgiFa„Ikiclhgrnir.c>; Dave Seller <[y.SIIIIrkirtcineir.ca.>; David Heuchert ................. <I[7aye,II.:Ne uclhert( _Ikiitclheiru.eir._ca>; David Paetz < avii_d.lya_g.tx_ Ikirtclhgrn rac >; Ellen Kayes <IE:::Illlein.IKaycs.��..l itclheiner.ca>; Enova Power Corp. - Greig Cameron < r ig.ca_rr�gra�in �ina�y��p�v�rr c�inm>; ............................ Enova Power Corp. -Shaun Wang <slhcurro.ingrrv12e2r:crv�>; GRCA - Planning (Ilrn.rn.iringagarcNrivrr c) <Iininiimgt.glrindiri'iyir.c>; Hydro One -Dennis DeRango <Vandu.sepI nnin _ hyd'o-�aavou�e._ca2m.>; Jim Edmondson <J_om_ Ed0000ndson.@ tclrn ro__o^.ca.>; Justin Readman <Jusdn.Read rman kutchener.ca>• Katherine Hughes <IKatherine.l1 he.s I<itchener.ca> Mike Seilin ........................................................................................................................................ , g.............................................................g...................................................................c...... g <IMike.SeiVin@I<itclhener.ca>; Ontario Power Generation <Executivey alawainddevello innent o com>; ............................................................................................. Park Planning (SM) <Pa.rk:_P.Vg_on_o°n.on @kitcheneir.ca>; Region - Howard Chang (S VJ_ ing@re ionofwaterloo.ca) <S Iha_In Ore Jonofwaterloo.ca>; Region - Planning <.l.).J..a rtinu_u..B Vication.s ire uonofwaterV000ca>; Property Data Administrator (SM) <Prol DataAdm'ir7@kutcheneir.ca>; Robert Morgan <.Robert..K/p_prgain@k'utchener.ca>; Steven Ryder ................. <Stevero.R cler ki.tcVn_ener.cg>; Sylvie Eastman <S.yVyur�:Fgs.trn rr_ _ titch �r ro_c >; Tom Ruggle .......................................... <Tom..R ugg.Vt.rP_Vcu.tcOa rt r.c >; UW-WUSA (Feds) (p.r .. u_sg.._q .) <.12r s.. vur s .!ag>; Planning < pjl rnrniing ' rcr sU c >; WRDSB -Board Secretary (a 11 iiin _I urrns yrr sk�:c) <gll :i e uairins irr sl c >; ........ __.....�....._._.. WRDSB - Planning <p!_ininiirng onrirslac> Cc: Brian Bateman<Biriian.Bateman(@kiitclhener.ca> Subject: Circulation for Comment - 117 Bloomingdale Road (ZBA) Caution - External Email - This Message comes from an external organization. Do NOT click on unrecognized links or provide your username and/or password. Please see attached. Additional documentation can be found in AMANDA folder 23-121017 (City staff) and S_ reI.:.t (external agencies). Comments or questions should be directed to Brian Bateman, Senior Planner br'ianobateman . kitcheneroca; 519-741-2200 x7869). .......................................................... Christine Kompter Administrative Assistant I Planning Division I City of Kitchener 200 King Street West, 6th Floor I P.O. Box 1118 Kitchener ON N2G 4G7 519-741-2200 ext. 7425 1 TTY 1-866-969-9994 christine.kompter@I<itchener.ca Page 164 of 355 111 111117111,Ill, jjllil� 11�11- r' 1111 i%% Disclaimer - This email and any files transmitted with it are confidential and contain privileged or copyright information. You must not present this message to another party without gaining permission from the sender. If you are not the intended recipient you must not copy, distribute or use this email or the information contained in it for any purpose other than to notify us. If you have received this message in error, please notify the sender immediately, and delete this email from your system. We do not guarantee that this material is free from viruses or any other defects although due care has been taken to minimize the risk. Any views expressed in this message are those of the individual sender, except where the sender specifically states them to be the views of the Waterloo Catholic District School Board. Page 165 of 355 Brian Bateman, MCIP, RPP Senior Planner City of Kitchener City Hall, P.O. Box 1118 200 King Street West Kitchener, ON N2G 4G7 Dear Mr. Bateman: Re: ZBA 23/033/M/BB Post Circulation Comments Marann Homes 117 Bloomingdale Road City of Kitchener PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES Community Planning 150 Frederick Street 8th Floor Kitchener Ontario N2G 4J3 Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4466 www.regionofwaterloo.ca File: C14-60/2/23033 November 10, 2023 Regional staff has reviewed the above -noted application and provides the following comments at this time. This application proposes a joint amendment to the City of Kitchener's Zoning By-law No. 85-1 and Zoning By-law No. 2019-051. The Subject Property is currently zoned "R-3 1R" in Zoning By-law No. 85-1. The purpose of the proposed amendment is to change the zoning to a combination of "RES -5" ("Low -Rise Residential Five Zone") and "NHC-1" ("Natural Conservation Zone") in Zoning By-law No. 2019-051. The proposed amendment also adds site-specific provisions to permit small increases to the maximum Floor Space Ratio ("FSR") and maximum building height, as well as a holding provision to require a Record of Site Condition before the proposed development may proceed. The amendment will facilitate redevelopment by removing the existing industrial buildings and detached dwelling and replacing them with four stacked townhouse dwellings with a total of 40 dwelling units and 46 parking spaces. An amendment to the Bridgeport E. Community Plan is also required. The subject lands are located in the `Built -Up Area' of the `A Place to Grow' Growth Plan for the Greater Golden Horseshoe and is designated `Urban Area' and `Built -Up Area' within the Region of Waterloo Official Plan (ROP). Lands are designated Low Rise Residential in the City of Kitchener Official Plan. Document Number: 4520982 Version: 1 Page 166 of 355 Water Services Water Services Engineering and planning staff have reviewed the functional servicing report dated May 2023, and provide the following comments: • The fire flow demand calculations in the report indicate that the fire flow demand is 183 I/s based on the FUS calculations • Based on the data collected during the hydrant test, the maximum available fire flow is 162 L/s while maintaining minimum of 20 psi in the rest of the system. • The Region of Waterloo requests to be circulated on the detailed fire flow analysis at the site plan submission stage to confirm the existing infrastructure can support the proposed development Hydrogeology and Water Programs Water Services HWP staff requires a Salt Management Plan at time of site plan (with implementation by way of future condominium application). As part of the SMP, staff would encourage the proponent to incorporate design considerations with respect to salt management, including: • Ensure that cold weather stormwater flows are considered in the site design. Consideration should be given to minimize the transport of meltwater across the parking lots or driveway. This also has the potential to decrease the formation of ice and thereby the need for de-icing. • Directing downspouts towards pervious (i.e. grassy) surfaces to prevent runoff from freezing on parking lots and walkways. • Locating snow storage areas on impervious (i.e. paved) surfaces. • Locating snow storage areas in close proximity to catchbasins. • Using winter maintenance contractors that are Smart About SaItTM certified. • Using alternative de-icers (i.e. pickled sand) in favour of road salt. The proponent is eligible for certification under the Smart About SaItTM program for this property. Completion of the SMP is one part of the program. To learn more about the program and to find accredited contractors please refer to: http://www.smartaboutsait.com/. Benefits of designation under the program include cost savings through more efficient use of salt, safe winter conditions by preventing the formation of ice, and potential reductions in insurance premiums. Record of Site Condition According to the Regions Threats Inventory Database, there are medium environmental threats located on and adjacent to the subject lands due to past land uses. As the application is proposing a more sensitive land use, a Record of Site Condition (RSC) is required in accordance with the Region's "Implementation Guidelines for the Review of Development Applications on or Adjacent to Known and Potentially Contaminated Sites". The applicant's Planning Justification Report (GSP, August 2023) has acknowledged the proposed_ zoning by-law includes a holding provision to require the RSC. This is satisfactory to Regional staff. Page 167 of 355 Land Use Compatibility Land Use compatibility is a concern with this proposal as the subject lands are directly adjacent to an industrial land use that may be categorized as Class II industrial land use under the MECP D-6 guidelines on land use compatibility due to the size of the facility and operation including outdoor storage on site. Class II industrial land uses require a minimum of 70 m between the industrial land use and the sensitive land use. The applicant has submitted a land use compatibility study for noise (HGC, June 16, 2022) in support of the application and currently under peer review by the Region. Staff supports use of a holding provision on the lands to allow for completion of the peer review. In the meantime, staff notes the study has proposed two 3 metre high noise walls along the east boundary of the property to mitigate noise from the adjacent industrial facility. One 8 metres in length and the other 33 metres. Staff recommends implementation of the accepted study recommendations will need to be secured through the site plan and/or future Planning Act application(s). Corridor Planning Conditions for Zone Change / Plan of Condominium Application Stage Environmental Noise Stud • Staff notes the submission of the transportation noise assessment (Addendum, HGC, June 27, 2022) submitted with the application, • The report is being peer reviewed together with the compatibility report noted above. Pending review and acceptance of the noise assessment addendum by the Region, the conditions for the implementation of the report must be secured through a Holding Provision, • The site must be developed accordingly, • The implementation of the report through a registered agreement with the Region would be a condition for future condominium application. Functional Servicing and Stormwater Management Report MTE dated May 15, 2023 Under the existing conditions, there is no storm flows into the Regional right-of- way and there is no storm connection. Previously, on April 26, 2023 the applicant's consultant was requested to provide a drainage analysis of the system in case a storm connection would be proposed into Regional storm system. However, nothing is provided in this regard, neither separately nor included in the Functional Servicing Report dated 15 May 2023 as prepared by MTE. • The report is currently under review by Regional staff. • The report must be found acceptable by the Region. Review and acceptance of this report may be secured through a holding provision. Page 168 of 355 Conditions for Site Plan Application Stage Dedicated Road Widening • Dedicated road widening of approximately 5.5m will be required along entire property frontage on Bloomingdale Road North (RR #20) to comply with ROP designated road width of 26.213m. An Ontario Land surveyor (OLA) would determine the exact amount of widening to be conveyed. • The draft reference plan, prepared by an OLS must be submitted for review and approval prior to submitting the plan to Lands Registry office. • All costs associated with the road widening would be owner' s responsibility and the lands must be dedicated to the Region free of any contamination and encumbrances. Environmental Site Assessment An Environmental Site Assessment Phase 1/11 ESA will be required for the portions of lands to be dedicated to the Region. If there is no Phase I already completed for the site, a joint Phase I/Phase II report may be completed. For further information in this regard please contact Sean Anderson, Project Engineer (Environmental) 519-749-3371 (cell) or sand erson0)reg ionofwaterloo.ca. Transit Planning • No transit easement would be required, as amenities could be accommodated within the future road widening portions. • The applicant would be required to construct or provide funds for the construction of a shelter pad at this stop. Details of size and location and the amount of funds for the transit future shelter pad will be provided at site plan stage. Access Permit / Access Regulation The proposed access must have minimum 7.6 m throat width at the future property line after road dedication. Although, it appears that with the curb radii, this would be meeting the Regional standards. An Access Permit with applicable fee (currently $230), at such time in future, will be required for the proposed access on Bloomingdale Road North (Regional Road #20). An access permit will also be required to close the existing access (no application fee for access closure). Access permit application is available at: https://www.regionofwaterloo.ca/en/resources/Access Permit-access.pdf Page 169 of 355 Encroachments The existing privacy wall including its foundation pillars will be encroaching into Bloomingdale Road (RR #20) right-of-way after dedication of road widening. The wall and foundation pillars must be removed and the Regional road boulevard must be restored to Regional standards. Stormwater Management Storm sewers within the Regional road right-of-way are generally sized and designed to only accommodate stormwater from the right-of-way and in some instances off road surface drainage under existing conditions. A private stormwater connection to any storm sewer on Bloomingdale Road North (RR #20) will be discouraged where an alternate stormwater connection is available, including infiltration if soil conditions and Source Protection under the Clean Water Act permit, or if it is determined that the Bloomingdale Road storm sewer does not have the sufficiency (condition and capacity) to accommodate private stormwater flows from this site. It is the responsibility of the applicant's engineering consultant to determine an appropriate stormwater outlet from this site and the sufficiency of the receiving storm system if there is no other option available and to include this information in the stormwater management report. The applicant or their consultant should contact Mr. Malcolm Lister, manager, Technical Services for the Region of Waterloo at 519-575-4432 or mlister _regionofwaterloo.ca to determine if any engineering plans and/or further technical information for Bloomingdale Road North is available which may be of assistance. The applicant must submit electronic copies of detailed Site Grading & Drainage Control Plan(s) and Site Servicing Plan(s) along with a SWM report for Regional review and approval. This should include drainage details for the subject property, abutting properties and the public road allowance so as to ensure compatible drainage and to show thereon all existing and proposed connections to the municipal storm sewers, sanitary sewers and water mains and all detailed erosion and siltation control features, all to the satisfaction of the Regional Municipality of Waterloo. The site must be graded in accordance with the approved plan and the Regional Road allowance must be restored to the satisfaction of the Regional Municipality of Waterloo Site Servicing / Work Permit / Municipal Consent A Municipal Consent will be required for the installation of the proposed/required service connections. A Region of Waterloo Work Permit must be obtained from the Region of Waterloo prior to commencing construction within the Region' s right of way. In this regard, please visit Apply For A Permit - Regional Municipality of Waterloo Online Application (Perm itcentral.ca) https://rmowroadpermits. mirasa n.ca/ for further guidance. Page 170 of 355 Review Fee A Regional application review fee of $805 will be required for this development at the Site Plan application stage. The City of Kitchener may collect this fee on behalf of the Region along with the Site Plan application package. Environmental Planning The subject lands are located on the Grand River, and the northern portion of the site includes a core environmental feature (Significant Valleyland), as designated by the Regional Official Plan (ROP). A scoped EIS (Aboud & Associates, June 2, 2023) and addendum (July 11, 2023) have been submitted in support of the application and currently under peer review by the Region. Staff supports use of a holding provision on the lands to allow for completion of the peer review. The feature(s) will need to be placed in an appropriate zoning. Housing General The following Regional policies and initiatives support the development and maintenance of affordable housing: • Regional Strategic Plan o Objective 4.2 requires the Region to make affordable housing more available to individuals and families. • 10 -Year Housing and Homelessness Plan o contains an affordable housing target which is that 30% of all new residential development between 2019 and 2041 in Waterloo Region is to be affordable to low and moderate income households. • Building Better Futures Framework o shows how the Region plans to create 2,500 units of housing affordable to people with low to moderate incomes by 2025. • Region of Waterloo Official Plan o Section 3.A (Range and Mix of Housing) contains land use policies that ensure the provision of a full and diverse range and mix of permanent housing that is safe, affordable, of adequate size, and meets the accessibility requirements of all residents. The Region supports the provision of a full range of housing options, including affordable housing. Should this ZBA be approved, staff recommend that the applicant consider providing a number of affordable housing units on the site, as defined in the Regional Official Plan. 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 Page 171 of 355 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. Affordability For the purposes of evaluating the affordability of an ownership unit, based on the definition in the Regional Official Plan, the purchase price is compared to the least expensive of: Housing for which the purchase price results in annual accommodation costs 30 per cent of the gross annual household which do not exceed 30 percent of gross $418,100 annual household income for low and moderate income households renter households Housing for which the purchase price is at least 10 percent below the average $679,300 purchase price of a resale unit in the average market rent (AMR) in the regional regional market area $1,245 *Based on the most recent information available from the PPS Housing Tables (2022). In order for an owned unit to be deemed affordable, the maximum affordable house price is $418,100. For the purposes of evaluating the affordability of a rental unit, based on the definition of affordable housing in the Regional Official Plan, the average rent is compared to the least expensive of: A unit for which the rent does not exceed 30 per cent of the gross annual household $1,960 income for low and moderate income renter households A unit for which the rent is at or below the Bachelor: $1,075 average market rent (AMR) in the regional 1 -Bedroom: $1,245 market area 2 -Bedroom: $1,469 3 -Bedroom: $1,631 4+ Bedroom: n/a *Based on the most recent information available from the PPS Housing Tables (2022) Page 172 of 355 In order for a rental unit to be deemed affordable, the average rent for the proposed units must be at or below the average market rent in the regional market area as shown above. Please do not hesitate to contact Judy Maan Miedema, Principal Planner directly by email at JMaanMiedema(a)regionofwaterloo.ca or by phone at 226-753-9593 should you have any questions or wish to discuss in more detail. Proposed Zoning By-law Amendment Staff generally supports the zoning proposed subject to the above -noted comments. Staff recommends the proposed zoning by-law amendment include a holding provision which provides for completion and acceptance of the following to the satisfaction of the Regional Commissioner of Planning, Development and Legislative Services: 1) Filing of a Record of Site Condition with the MECP; 2) A Functional Servicing and Stormwater Management Report; 3) A Scoped Environmental Impact Statement; and 4) A Land Use Compatibility Report for road traffic and stationary noise. Regional Development Charges Any future development on the subject lands will be subject to provisions of Regional Development Charges By-law 19-037 or any successor thereof. Other Staff acknowledges the Region's required review fees for the ZBA application and peer review were received September 5, 2023 and October 25, 2023 respectively. Region staff has no objection to proceeding with a City staff recommendation to Kitchener Council subject to the above -noted comments. Should you have any questions, please feel free to contact me (226) 753-1064 (c). Yours truly, Shilling Yip, MCIP, RPP Senior Planner cc. Eric Saulesleja, GSP Group Joginder Bhatia, Region Corridor Planning Page 173 of 355 From: Gaurang Khandelwal Sent: Monday, September 25, 2023 11:09 AM To: Brian Bateman Subject: RE: Circulation for Comment - 117 Bloomingdale Road (ZBA) Hi Brian, Policy comments at the time of pre -sub for this application seem to have been addressed through the PJR and the approach to the ZBA. No further comments from policy. Regards, Gaurang Khandelwal (he/him), MA, MCIP, RPP Planner (Policy) I Planning Division I City of Kitchener 519-741-2200 x 7611 1 TTY 1-866-969-9994 1.9ggrein.g„klhandellwallna liciitcheneir,.ca u From: Natalie Goss <Nati_iie. pss_ ..........................................................Ilr> Sent: Tuesday, September 19, 2023 9:44 AM To: Gaurang Khandelwal <.G a.21'ain.g..11<Iha_indell.nr ll. '_Iki:t.�lh_ .iner._g�> Subject: FW: Circulation for Comment - 117 Bloomingdale Road (ZBA) Please review and provide any necessary comments. Pre -submission was in 2022. 7 From: Christine Kompter <Chris:ti n_e..IKprru. r kofirhgrngr c > Sent: Monday, September 18, 2023 12:01 PM To: jvink <ivunkC?wooVwuch,ca>; _DL_#_DSD_Planning <[SSI[-:1_unrop:un.glf.�ivus'oonk'utchener.ca>; Bell - c/o WSP <cp'rcua_D.atuons. _ s. om>; Carlos Reyes <Ctrl_ps. �teyes..�_Iki��h�rn_�_ro��>; Darren Kropf <[-aureun_._K.E..o.pf itchener..ra>; Dave Seller <1D ve Sg.IV_ _r.e _kitr_hen ra_cg>; David Heuchert ............... <Dave....II..N_e_ucIhert. _IkiiWheineir.._c�>; David Paetz<If)avii_d.,Ifla_e.tz_.C�Ikiitclh_e.inelr c >; Ellen Kayes <E,II.Ilein_..IKayes@lkiitclheiner.ca>; Enova Power Corp. - Greig Cameron < reii .cameroin en ova ower„coim>; Enova Power Corp. - Shaun Wang <slh_ u,u.n... a.n Denoval�ower,com>; GRCA - Planning (Ilininiiingir_rn_riv�r c) <Iininiiinggii.ind.iri'iveirc >; Hydro One -Dennis DeRango <..:i r cus 11 in in iiing Ihv .irg in . rrn>; Jim Edmondson <�iim. i nein s rn kiitclheine c .>; Justin Readman <Vustiirn.Ra irngrnu kiitch n irac >; Katherine Hughes <ICptlhgri_ing_ II::Nuug.Ihgs_ I.ISitrh rneir.ca.>; Mike Seiling ................... <IMiilke.Seilliiin._Ikiitclhiner.cp>; Ontario Power Generation <IE::xecutiivev.l`nrinudevellcspirnrntpin.cim>; .................................................. ......_........... Park Planning (SM) < grlk.0 Ile iniriiiing@j iitcheineir:_cg>; Region - Howard Chang (S Ih ing.a.iregiir�rn ft eterlpp:cg) <S Ihgin (_r�giio nofwatgrl_pp:c >; Region -Planning Page 174 of 355 <IF II rnrnVln ppll_�c ti ns( _r�.g.�onp.�wateirllo�z. c�>; Property Data Administrator (SM) ................._ <PUo�pC ataAduvnin@kutclheneu.ca> Robert Mor an <.Red_Ik rtaMor an@kutclheiner.ca>; Steven Ryder ................ g <.Seven,Ryder@kutchener.ca>; Sylvie Eastman <SyVvVe.Eastman@kkchener.ca>; Tom Ruggle ......1 ............................... <Tom.R�gekchener.ca>; UW-WUSA (Feds) ... _.._<pres@wusa.ca>; WCDSB - Planning ..................................@ <E[gnr'n awcdsboca>; WRDSB - Board Secretary ( tg.in_e burns@wrdsb.ca) <.e aajnn burns@v�rdsboca>; WRDSB - Planning <0annIIng.. _ Edsb._ca> Cc: Brian Bateman <1E:�rpann.lE�ate_m_an.@..E< tcheu�_er.ca.> Subject: Circulation for Comment - 117 Bloomingdale Road (ZBA) Please see attached. Additional documentation can be found in AMANDA folder 23-121017 (City staff) andIn r.eFill (external agencies). Comments or questions should be directed to Brian Bateman, Senior Planner br'iain.bateman �kitclheneir.ca; 519-741-2200 x7869 . (.............................................................................................................................. ) Christine Kompter Administrative Assistant I Planning Division I City of Kitchener 200 King Street West, 6t" Floor I P.O. Box 1118 Kitchener ON N2G 4G7 519-741-2200 ext. 7425 1 TTY 1-866-969-9994 christine.kompter@I<itchener.ca 1c, 11 :fir%UUWINE ttM I Page 175 of 355 From: Jeremy Vink <jvink@woolwich.ca> Sent: Tuesday, September 19, 2023 8:36 AM To: Brian Bateman Cc: Christine Kompter Subject: RE: Circulation for Comment - 117 Bloomingdale Road (ZBA) You don't often get email from ivinkPwoolwich.ca. Learn why this is important Brian The Township has no comments to this application. I did try the link to the Sharepoint file link, but the link would not let me in. I am curious if there was a TIS and what the results were. Thanks. Jeremy Vink MCIP RPP Manager of Planning Development Services Township of Woolwich From: Christine Kompter <CIhril.stir_r�_e..IK€nir�o.ter(kthernrc> Sent: Monday, September 18, 2023 12:01 PM To: Jeremy Vink <jyi_In_Ik...@w..acal.w. cln.._c >; _DL _#_ DSD _Planning <DS_D::II'Ilanni.in !.uyi_suo.ru_.@tclhern ir.ca>; Bell - c/o WSP <circaallatuons@wsp cam>, Carlos Reyes <arllps lfeyeslkutcheineir ca>, Darren Kropf .... <I airirein.IKrs,� ff lk to .lh rner ca>; Dave Seller <,D ve.Selller ki.tc_her�er.ca>; David Heuchert .................. <I y II..N r�clh rt !Ki.trlh�rner.r >; David Paetz<Davi_d.IF��a_�.tx_�Ik�trlh�rn�ir ��>; Ellen Kayes <IE:::VIen.Kayes. _ic.i:tch.ene_r.,ca.>; Enova Power Corp. - Greig Cameron < red .ca_rrre_rp:rti uta va pyr r cpu o>; ...................................... Enova Power Corp. -Shaun Wang <sU7acurr ...w...n.crrr>; GRCA -Planning (pn0annunrandriver.ca) <planrft irandiriveir.ca>; Hydro One - Dennis DeRango <�an..d.. u.,seplann'un @hydiroone.com>; Jim Edmondson <pI.......................... s r_.I<o....................................................O>; Justin Readman .....................F <Justin.Readmarp. _kitch ner..ca>: Katherine Hughes <Katheri.in oa..iuu. hes@I<otchener.ca>; Mike Selling ................................................................... ................ ....................9........ <In/n_ii.ke.Se.i_Iliiln C@lkir�chener.ca>; Ontario Power Generation <1E:,xecutiivev .lawainddevello rnent o .corona; Park Planning (SM) <Pa.irlk._P.Ila.in.in.iin ftiitchener.ca>; Region - Howard Chang (SCIh_a!2g@ire iionofwaterloo.ca) <SC.Iha_In. @re iionofwaterloo.ca>; Region - Planning <PII_al l in.-YApplliicatiions@reuiionofwaterloo.ca>; Property Data Administrator (SM) <..Grp.IP_ a:... _...n lkirtclheineir.ca>; Robert Morgan <,Rp.lbert.Morgain llcii.tc.lhein r.ca>; Steven Ryder <Steven.If y ir.@..Ikirtclhe.�n_e.r..ca.>; Sylvie Eastman <S.yllyi Pas.tm�in.i�_II<iitclh�in�r:ca>; Tom Ruggle .......................................... <: o m...R ru glle..�'.IJ c.lheineir.c>; UW-WUSA (Peds) (.p.re�..@ uasaaca) dares@ �nru�sa as>; WCDSB -Planning <pll_a_nniin @wcdslb ca>, WRDSB - Board Secretary (gjIgjne Ib�urns@_yrrds ca) <e1laj.ine_ bur s rdslb.ca>; WRDSB -Planning <pll_ininii_P.B.@uurirslb.ca> Page 176 of 355 Cc: Brian Bateman <IElHa t min lk)tclhen_er.ca> Subject: Circulation for Comment - 117 Bloomingdale Road (ZBA) Please see attached. Additional documentation can be found in AMANDA folder 23-121017 (City staff) and SarI.:i_0. (external agencies). Comments or questions should be directed to Brian Bateman, Senior Planner br'ian.bateman kitcheneo.ca; 519-741-2200x7869 . Christine Kompter Administrative Assistant I Planning Division I City of Kitchener 200 King Street West, 6th Floor I P.O. Box 1118 Kitchener ON N2G 4G7 519-741-2200 ext. 7425 1 TTY 1-866-969-9994 christine.kompter@I<itchener.ca Page 177 of 355 From: Planning <planning@wcdsb.ca> Sent: Friday, October 13, 2023 10:11 AM To: Brian Bateman Subject: RE: Circulation for Comment - 117 Bloomingdale Road (ZBA) Good Afternoon Brian, The Waterloo Catholic District School Board has reviewed the subject application and based on our development circulation criteria have the following comment(s)/condition(s): A) That any Education Development Charges shall be collected prior to the issuance of a building permit(s). B) That the developer and the Waterloo Catholic District School Board reach an agreement regarding the supply and erection of a sign (at the developer's expense and according to the Board's specifications) affixed to the development sign advising prospective residents about schools in the area. If you require any further information, please contact me by e-mail at Jordan. Neale@wcdsb.ca. Thank you, Jordan Neale Planning Technician, WCDSB 480 Dutton Dr, Waterloo, ON N2L 4C6 519-578-3660 ext. 2355 From: Christine Kompter < Ihiriistiiine,ll<oinnp it kii.t.lneneir.ca> ............................................................................................. Sent: Monday, September 18, 2023 12:01 PM To: jvink<ivi..n_lk..@�nr�r_olwiiclha_ca>; _DL_#_DSD_Planning <,DSQ-is l inini.n Qi_vii_sii in. Ikil.tclheineir a>; Bell - c/o WSP<ciircualltiipins.@_s.p..crrr�>; Carlos Reyes <rlasiys@Ikilhinr:>; Darren Kropf <1Dariren,lKira..pf@Ikitch_ern it cq>; Dave Seller <,D ve S IIIer@_Ki c_� iner,ca>; David Heuchert <If}ave,II.:Neuclhert@_Ikii:tclheineir:_ca>; David Paetz <1Davii ,I{ e.tx@Ikiitclheineir. >; Ellen Kayes <l.:'llll in_..IKa.yds..@.I ii:tclh ln_ .ir.,c >; Enova Power Corp.- Greig Cameron < rgil .cameroin@einoval ower„coinn>; Enova Power Corp. - Shaun Wang <slh_aq.in..w ing@einova�ower,com>; GRCA - Planning (pnllanning _ randriver.ca) <pIaninVinga randriver.ca>; Hydro One - Dennis DeRango <Vandusepllainnin @hy¢�ra�cnn com>; Jim Edmondson <J_Vm_ Edor000indson.@ t h ru_ _r c .>; Justin Readman <Jusdn.Read man kitchener.ca>• Katherine Hughes <Katheriine..11Nu Ihe.s I<Vtchener.ca> Mike Seilin ....................................................................................................................................... g ................................. ............................g............................................................................. g <I Vke.SeillVn @kutclhener.ca>• Ontario Power Generation <I�xecutVvev alawainddevello irnent o .corn>; .......................................................... ....:...... ..... ............ ...... .... Park Planning (SM) <Pa_LVc:_?.Ila_o°n_o°n.oln @kutchener.ca>; Region - Howard Chang ( Ih ng.@_r guo_r..o.fate.r.l_p.p.._ca. <S .ha.n... C _r�g.ionof aterl_po. a>; Region - Planning <PVannunpa ppVocat ns@_regjoinofwaterloo.ca>; Property Data Administrator (SM) .................................. <I rolf�_ �!tg� _rn..l_E..@_O<u.tc �n r.c >; Robert Morgan <Robert..MorB _.................................................... p:tc rq r.a >; Steven Ryder <Steven 1, der@ki�chener ca.>, Sylvie Eastman <S.vIvue Eastman@«_O tchener ca>, Tom Ruggle .......... ......... ......... .... <Torrp..:_taug.!!g...P�..Ikil:tclhene.ir.ca>; UW-WUSA (Feds) (.p_r s..@ a _sg_.c) <.IE�ir s..@ nr u_s .,c >; Planning < pjl rirniin @vrcrl_sl WRDSB - Board Secretary (gjgj.n..e. bu.rrns.@_yrr s .:_c) «Ilaji.ine_ buairins.t Page 178 of 355 WRDSB -Planning <.p!g.!2!2Jn8. uvir l ca> Cc: Brian Bateman < Na�..B mn. J....................................................a> _ t . Subject: Circulation for Comment - 117 Bloomingdale Road (ZBA) Caution - External Email - This Message comes from an external organization. Do NOT click on unrecognized links or provide your username and/or password. Please see attached. Additional documentation can be found in AMANDA folder 23-121017 (City staff) and 5h relFi.11e (external agencies). Comments or questions should be directed to Brian Bateman, Senior Planner brian.bateman kitclhener.ca; 519-741-2200 x7869 . (.......................................................................��........................................................... ) Christine Kompter Administrative Assistant I Planning Division I City of Kitchener 200 King Street West, 6t" Floor I P.O. Box 1118 Kitchener ON N2G 4G7 519-741-2200 ext. 7425 1 TTY 1-866-969-9994 christine.kompter@kitchener.ca am i Disclaimer - This email and any files transmitted with it are confidential and contain privileged or copyright information. 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Page 179 of 355 From: Dave Seller Sent: Wednesday, October 4, 2023 3:08 PM To: Brian Bateman Subject: ZBA comments: 117 Bloomingdale Road City of Kitchener Application Type: Zoning By-law Amendment ZBA23/033/B/BB Project Address: 117 Bloomingdale Road North Comments of: Transportation Services Commenter's Name: Dave Seller Email: dave.seller@kitchener.ca Phone: 519-741-2200 ext. 7369 Date of Comments: October 4, 2023 Development proposal The ZBA will facilitate redevelopment by removing the existing industrial buildings and detached dwelling and replacing them with four stacked townhouse dwellings with a total of 40 dwelling units and a total of 46 parking spaces. Parking supply The applicant is proposing to provide a total of 46 parking spaces for 40 dwelling units which equates to 1.15 parking spaces per unit. Visitor parking must be provided at a ratio of 0.15 spaces per unit and based on 40 units, 6 (15%) must be allocated for visitor parking. These parking ratios reflect the 2019- 051 zoning by-law. Conclusion Transportation Services is satisfied with the proposed parking supply for this development. 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(cDkitchener.ca Page 180 of 355 City of Kitchener Zone Change / Official Plan Amendment Comment Form Address: 117 Bloomingdale Road Owner: Marann Homes Application: Zoning By-law Amendment Application ZBA23/033/B/BB Comments Of: Parks and Cemeteries Commenter's Name: Lenore Ross Email: Lenore. ross@kitchener.ca Phone: 519-741-2200 ext 7427 Date of Comments: Oct 13 2023 Z I plan to attend the meeting (questions/concerns/comments for discussion) ❑ No meeting to be held ❑ I do NOT plan to attend the meeting (no concerns) 1. Documents Reviewed: I have reviewed the documentation noted below submitted in support of an application for a joint amendment to the City of Kitchener's Zoning By-law No. 85-1 and Zoning By-law No. 2019-051. The Subject Property is currently zoned "R-3 1R" in Zoning By-law No. 85-1. The purpose of the proposed amendment is to change the zoning to a combination of "RES -5" ("Low -Rise Residential Five Zone") and "NHC-1" ("Natural Conservation Zone") in Zoning By-law No. 2019-051. The proposed amendment also adds site-specific provisions to permit small increases to the maximum Floor Space Ratio ("FSR") and maximum building height, as well as a holding provision to require a Record of Site Condition before the proposed development may proceed. The amendment will facilitate redevelopment by removing the existing industrial buildings and detached dwelling and replacing them with four stacked townhouse dwellings with a total of 40 dwelling units and 46 parking spaces. • Planning Justification Report, including draft text of the proposed amendment, prepared by GSP Group ("GSP") • Functional Servicing and Stormwater Management Report, prepared by MTE Consultants Inc. ("MTE") • Existing Conditions Plan, Functional Grading Plan, and Functional Servicing Plan, prepared by MTE, • Scoped Environmental Impact Study, prepared by Aboud & Associates Inc. ("AA"), which includes the addendum prepared by AA; • Tree Preservation Plan, prepared by AA; • Site Plan, prepared by GSP; • Urban Design Brief, prepared by Orchard Design and GSP. 2. Site Specific Comments & Issues: Parks and Cemeteries has no significant concerns with the proposed Zoning Bylaw amendments and can provide conditional support subject to the minor updates to submitted studies are noted below. A City for Everyone Working Together — Growing Thoughtfully — Building Community IB Al of 355 City of Kitchener Zone Change / Official Plan Amendment Comment Form 3. Comments on Application and Submitted Documents 1) Parkland Dedication a) The site is within the Bridgeport East Planning Community and through Places and Spaces — An Open Space Strategy for Kitchener, this community has been identified as well served with active neighbourhood park space with Schaeffer Park approximately 150m west of the site. b) The City of Kitchener Park Dedication By law 2022-101 and Park Dedication Policy have been updated and new parkland dedication criteria, rates and land values have been approved by Council on August 22, 2022. The Bylaw is under appeal. Further changes to the Bylaw may be required as a result of the Bill 23 — More Homes Built Faster Act. c) The parkland dedication requirement for the proposed development will be deferred at the Zoning By-law Amendment application and assessed at a future Site Plan Application. Parkland dedication will be assessed based on the land use class(es) and density approved through the ZBA and required as a condition of Site Plan Approval. Parkland dedication will be taken as cash -in -lieu of land according to the Planning Act, Parkland Dedication Bylaw and Parkland Dedication Policy in effect. d) Based on the development information provided and using the approved land valuation of $3,830,000/ha, a dedication rate of 1ha/1000 units or 5%; a maximum dedication of either land or CIL of 10% and a capped rate of $11,862/unit, the parkland dedication for the proposed 0.8119ha site with 40 proposed units (demolition of 1 unit) is $155,479 Calculation: 0.8119ha x 0.05 = $155,479 (5% Bylaw 2022-101) 1ha /1000 units x 39 units = $149,370 (alternate rate Bylaw 2022-101) 0.8119ha x 0.1 = 0.033ha or $31,958 (More Homes Built Faster Act / Bill 23 10% cap) 2) Urban Design Brief, prepared by Orchard Design and GSP a) Pg 16 Circulation Diagram — the figure shows a potential connection to Shaefer Park within the 6m Access Allowance; this connection directs people to private lands and should be removed 3) Proposed Zoning of Natural lands and ownership a) The lands at the rear of the site along the Grand River should be zoned appropriately: NHC-1 and OSR-1. The lands adjacent to the Grand River at the end of Colyer Place are zoned similarly. b) If at a future Site plan application these lands will be conveyed to the City additional conditions may be required prior to acceptance of the land e.g. R -plan, removal of hazard trees c) If the lands will be retained by the Developer, a Registered Conservation Easement may be required along with additional conditions prior to approval of the Site Plan application e.g. fencing/demarcation bollards, restoration / buffer plantings. 4. Policies, Standards and Resources: • Kitchener Official Plan • City of Kitchener Park Dedication Bylaw 2022-101 and Park Dedication Policy • City of Kitchener Development Manual A City for Everyone Working Together — Growing Thoughtfully — Building Community � A� of 355 City of Kitchener Zone Change / Official Plan Amendment Comment Form • 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 5. 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 as cash -in -lieu of land according to the Planning Act, Parkland Dedication Bylaw and Parkland Dedication Policy in effect. A City for Everyone Working Together — Growing Thoughtfully — Building Community �A9 of 355 Brian Bateman, MCIP. RPP Senior Planner DSD — Planning Division City of Kitchener 200 King Street W. Kitchener, ON N2G 4G7 Dear Mr. Bateman: Post Circulation Comments OPA 23/018/6/66 ZBA 23/030/B/BB Romanian Orthodox Parish 2150 Bleams Road CITY OF KITCHENER PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES Community Planning 150 Frederick Street 8th Floor Kitchener Ontario N2G 4,13 Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4466 www.reedionofwaterloo.ca Shilling Yip (226) 753-1064 (C) Files: D17-40/2/23018 C14-60/2/23030 November 22, 2023 Region staff has reviewed the above -noted applications and provides the following comments for your consideration at this time. The purpose of the OPA is to re -designate a portion of the site fronting onto Gravel Ridge Trail from "Institutional" to "Low Rise Residential", while the purpose of the ZBA is to re -zone a portion of the property from INS -1 and RES -3 to RES -5. Although specific details of the proposed development have not been determine, the applicant is considering at range of either singles, semis or townhomes. The proposed development consists of 0.25 ha which currently forms part of the parish's entire property which also fronts Bleams Road. Conceptual figures submitted with the application contemplate 6 to 8 townhouse units. The lands are designated Urban Area "Built -Up Area" on Map 3a in the Regional Official Plan (ROP). Lands included within the Built -Up Area are intended to accommodate the majority of the Region's growth within the time horizon of the ROP. This development will contribute to the intensification target within the Built -Up Area. Document Number: 4528452 Version: 1 Page 184 of 355 -2 - Water Services No concerns. Hydrogeology & Water Programs (Source Water Protection) Water Services Hydrogeology & Water Programs staff provide the following comments. Proximity to Municipal Wells In terms of the Clean Water Act, the property spans the Mannheim ASR and Mannheim East well fields and the north portion of the property is in a WHPA A. The property is mainly designated Wellhead Protection Sensitivity Area 2, with the north portion in a WHPSA 1, and Regional Recharge Area on Map 6a and 6e respectively in the Regional Official Plan (ROP). The purpose of the mapping and policies in Chapter 8 of the ROP is to protect the Region's long term municipal groundwater supplies. The property is also adjacent to Permit to Take Water Compliance monitoring wells, so staff will need to ensure these are not impacted during construction and the same/or equally convenient access is maintained during and post construction. A Servicing Report was completed in support of the application (MTE, July 6, 2023). Staff continues to review this report, so review and acceptance of the report can be secured through a holding provision. Staff did note the Region will only support infiltration of clean runoff in this area. A construction spill prevention and response plan must be prepared and implemented per the DGSSMS. As part of the Construction Spill Prevention and Response Plan staff will also be requesting that the applicant give notice to the Hydrogeology and Water Programs Manager prior to the start of any construction as staff may need to make changes to operations to supply wells. Enhanced construction standards are required for stormwater and sanitary sewers within 200 m of a municipal well, per the DGSSMS. HWP staff will require a Hydrogeological Report, Dewatering Plan, and Vulnerability Assessment if underground structures are proposed in excess of one level (i.e. 3 metres or 10 feet) below ground surface, or if any below -grade infrastructure or excavations will occur below the water table (e.g. basements, underground parking, elevator shafts, footings, pilings, sewers, watermains, etc.). Permanent passive or active dewatering infrastructure will not be permitted. Waterproof seals should be used in lieu of permanent dewatering infrastructure. Document Number: 4528452 Version: 1 Page 185 of 355 -3 - Decommission of Private Well Staff notes there is a private well near the church, if the private well is no longer needed to supply water then it should be decommissioned in accordance with O.Reg 903. Geothermal Energy Systems Geothermal energy systems are not permitted within the WHPSA 2. Hydrogeology & Water Programs (HWP) staff request that a prohibition on geothermal energy systems as defined in the Regional Official Plan be included in the Zoning By-law amendment for the subject property. The above must be secured through a holding provision, i.e., review and acceptance of Servicing Report, completion of construction spill prevention and response plan, Hydrogeological Report, Dewatering Plan, and Vulnerability Assessment if deemed necessary by the Region. Implementation of balance of requirements may be addressed as part of future consent application(s). Salt Management Plan A Salt Management Plan (SMP) will be required if surface parking or driveway areas greater than 200m2 . This can be addressed as part of future consent application(s). As part of the SMP, HWP would encourage the proponent to incorporate design considerations with respect to salt management, including: • Ensure that cold weather stormwater flows are considered in the site design. Consideration should be given to minimize the transport of meltwater across the parking lots or driveway. This also has the potential to decrease the formation of ice and thereby the need for de-icing. • Directing downspouts towards pervious (i.e. grassy) surfaces to prevent runoff from freezing on parking lots and walkways. • Locating snow storage areas on impervious (i.e. paved) surfaces. • Locating snow storage areas in close proximity to catchbasins. • Using winter maintenance contractors that are Smart About SaItTM certified. • Using alternative de-icers (i.e. pickled sand) in favour of road salt. The proponent is eligible for certification under the Smart About Sal tTM program for this property. Completion of the SMP is one part of the program. To learn more about the program and to find accredited contractors please refer to: http://www.smartaboutsait.com/. Benefits of designation under the program include cost savings through more efficient use of salt, safe winter conditions by preventing the formation of ice, and potential reductions in insurance premiums. Document Number: 4528452 Version: 1 Page 186 of 355 -4 - Proximity to Mannheim Water Treatment Facility Given the site's proximity to the Region's Mannheim Water Treatment facility, a warning clause to advise of adjacent uses to be secured in a registered Region agreement is required. This may be further addressed as part of future consent application(s). Stationary Noise Study A stationary noise study will be required to assess the impact of stationary noise from the existing church, on the property. The applicant should be advised that the study may be subject to peer review at the applicant's cost. The above must be secured through a holding provision, i.e., completion of a stationary noise study. Record of Site Condition (RSC) A RSC is required according to the Region's guideline on site contamination. The adjacent property at 2069 Ottawa St S associated with the Region's Mannheim Water Treatment Plant is identified as a potential high threat in the Region's site contamination database. The RSC must be secured through a holding provision, i.e., to complete a RSC, and to file same with the MECP. Archaeology No comments. Housing General The following Regional policies and initiatives support the development and maintenance of affordable housing: • Regional Strategic Plan 2023-2027 o Strategic Priority 1 is "Homes for All" • 10 -Year Housing and Homelessness Plan o contains an affordable housing target which is that 30% of all new residential development between 2019 and 2041 in Waterloo Region is to be affordable to low and moderate income households. • Building Better Futures Framework o shows how the Region plans to create 2,500 units of housing affordable to people with low to moderate incomes by 2025. • Region of Waterloo Official Plan o Section 3.A (Range and Mix of Housing) contains land use policies that ensure the provision of a full and diverse range and mix of permanent housing that is safe, affordable, of adequate size, and meets the accessibility requirements of all residents. The Region supports the provision of a full range of housing options, including affordable housing. Should this development application move forward, staff Document Number: 4528452 Version: 1 Page 187 of 355 -5 - recommend that the applicant consider providing a number of affordable housing units on the site, as defined in the Regional Official Plan. 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. Affordability For the purposes of evaluating the affordability of an ownership unit, based on the definition in the Regional Official Plan, the purchase price is compared to the least expensive of: Housing for which the purchase price results in annual accommodation costs which do not exceed 30 percent of gross $418,100 annual household income for low and moderate income households Housing for which the purchase price is at least 10 percent below the average $679,300 purchase price of a resale unit in the regional market area *Based on the most recent information available from the PPS Housing Tables (2022). In order for an owned unit to be deemed affordable, the maximum affordable house price is $418,100. For the purposes of evaluating the affordability of a rental unit, based on the definition of affordable housing in the Regional Official Plan, the average rent is compared to the least expensive of: A unit for which the rent does not exceed 30 per cent of the gross annual household income for low and moderate $1,960 income renter households Document Number: 4528452 Version: 1 Page 188 of 355 -6- A unit for which the rent is at or below the Bachelor: $1,075 average market rent (AMR) in the 1 -Bedroom: $1,245 regional market area 2 -Bedroom: $1,469 3 -Bedroom: $1,631 4+ Bedroom: n/a *Based on the most recent information available from the PPS Housing Tables (2022) In order for a rental unit to be deemed affordable, the average rent for the proposed units must be at or below the average market rent in the regional market area as shown above. Please do not hesitate to contact Judy Maan Miedema, Principal Planner (Housing & Development) directly by email at JMaanMiedemaCcDregionofwaterloo.ca or by phone at 226-753-9593 should you have any questions or wish to discuss in more detail. Proposed Zoning By-law Amendment As noted above under HWP comments, staff has requested that a prohibition on geothermal energy systems as defined in the Regional Official Plan be included in the Zoning By-law amendment for the subject property. Staff recommends the use of a holding provision to secure the completion of the following: • Stationary Noise Study • Record of Site Condition, and MECP acknowledgement • Review and Acceptance of Servicing Report (MTE, July 6, 2023) • Construction Spill Prevention and Response Plan, Hydrogeologial Assessment, Dewatering Plan, and Vulnerability Assessment, if deemed necessary by the Region. Regional Development Charges Any future development on the subject lands will be subject to provisions of Regional Development Charges By-law 19-037 or any successor thereof. Other Staff acknowledges the Region's required OPA approval fee was received May 26, 2023. The ZBA application review fee is $3,000.00. This fee is outstanding. By copy of this letter the applicant is asked to remit this fee directly to the Region (attention Shilling Yip). Region staff has no objection to proceeding with a City staff recommendation to Kitchener Council subject to the above -noted comments, and receipt of the outstanding ZBA review fee. Document Number: 4528452 Version: 1 Page 189 of 355 -7 - If you have any questions, please feel free to contact me (226) 753-1064 (c). Yours truly, Shilling Yip, MCIP, RPP Senior Planner cc. Chris Pidgeon, GSP Group Document Number: 4528452 Version: 1 Page 190 of 355 From: Garett Stevenson Sent: Monday, October 9,ZO237:OQPk1 To: Brian Bateman Subject: FW: 215OB|eamsRoad planning application Comments toattach tothe staff report, From: AyoOwodunni Sent: Monday, October 9,2O236:Z6PM To: Andrey Zhukov nitaZap|etanCsont| Garett Stevenson Subject: Re: Z1SO8|eamsRoad planning application Thank you Andrey. Forwarding this to the team as well. Get Outlook for Android From:AndreyZhu Sent: Thursday, October 5,2O23S:35:OOPM To: AyoDwodunni Subject: RE: 2150 Bleams Road planning application You don't often get email from Hi Ayo, I just wanted to provide some feedback to you about the proposed development along the Gravel Ridge Trail. We have a facebook group for the area that this is being discussed. I would imagine most people, myself included, would be in favour of the single detached homes zoning for it as is the rest of the street. Anything other than single detached would be out of place and in bad taste. I've read the justification provided by the parish and the truth is they just want to make more money from the piece of land they own, if you allow them to build a gas station they will. Nothing suggests that building townhomes would provide more affordable housing to more people. Single detached homes nowadays are built with legal basements as it is. The new housing report discusses the housing affordability issue and how local Realtors are urging the Region to increase the supply of Single Family homes. The area is already being developed in every direction here. Big complex is being built just off the Gravel Ridge Trail with 144 new units being built. The traffic and parking situation is already unsustainable with people parking on boulevards. Absolutely no reason to stick a townhome complex into this piece of land. If green space can't be preserved here let's at least be consistent and only allow for single tovvnhonnes. Thank you, AndreyZhukov Page 191 of 355 From: GNINEENNIM Sent: Friday, October 6, 2029 9:14 AM To: Brian Bateman Subject: Gravel ridge trail You don't often get from���Learn why this is important Hello Brian, | received your email from aneighbour. Could you include menncommunication for the potential Gravel Ridge Trail development. Also are you able toshare acopy cfthe proposal? Thankyuu Shelley Page 192 of 355 From Sent: Thursday, September 28,2OZS52OPM To: AyoOwodunni; Brian Bateman Subject: Re:Ammended: 2l5O8|eamsRdConstruction Concerns Attachments: |magejpeg You don't often get email fmm Hi Brian, Hope you are doing well. As discussed, please find attached copy of petition signed by some neighbourhood members. Thank you, Ga0anSandhu From: Ayo0wodunni Sent: Tuesday, September 262O237:4gPK4 To: 63andhu han8ateman Subject: RE: Ammended: 215O8|eamsRdConstruction Concerns HiGagandeap, We had some technical difficulties. You c@ join via this link. Apologies for the issues. AAAAAAAAAAAAAAAAA AvoOvuodunni Kitchener City Councillor, Ward 5 529-897-5019 ( WID at 519-741-2345. Sent: Tuesday, September 26, 2023 7:47 PM Page 193 of 355 I Page 194 of 355 Cc: Ayo0vvodunni Subject: Ammended:215OB|eamsRdConstruction Concerns Some people who received this message don't often get em a i I from IIIIIIIIIIJIM Learn why this is importan Hello Brian, | forgot tnmention the zoom meeting was supposed tobeonSept 26at7pn\asper the notice card vvereceived inthe neighborhood. and asofnow at7 46PM - no meeting has been started. Thank you, GogandeepSandhu From: G Sandhu Sent: September 26,ZO237:44PK4 To: brian.b Maate 22k Cc � Subject:Z15OB|eamsRdConstruction Concerns Hello Brian, My Name is Gagandeep Sandhu and i live in 123 Eliza Ave, Kitchener, we have strong concern on the construction that is proposed to happen behind our property. Our whole neighborhood we have spoken to so far has objections on this development. We have also signed the paper with few of the members of the neighborhood and spoke to counsellor Owoclunni last week. Today i wanted to join the zoom meeting on my vacation here from NYC and planned it from long tojoin, however iwaited there for over 3Omins but nomeeting got started you can see the attachments and already its been over 41mins since i am still waiting. Now i am going to close rnyzoom app. I have attached my concerns in the letter attached "Letter of opposition". Please advise and help us resolve this matter. Thank you, Page 195 of 355 '-"AGANDEEPSANDHU Address:=Fli I z 11 a I A I v Kitchener "I "I 11 11 1 "1 "I 11 ON, N2E 0139 To whom it may concern, I am writing this letter to express my strong opposition to the proposed housing development in our neighbourhood. While I understand the need for housing in our city, I believe that this project would have a detrimental impact on our COMMUDity. First and foremost, the proposed development is simply too large for the area. The increase in population density would Put a strain on Our already overburdened infrastructure, leading to increased traffic congestion, noise Pollution, and a strain on our public services such as schools, public transit, emergency services, and utilities. The proposed entrance of the complex also faces a small residential street (Gravel Ridge Trail) that is unable to handle increased traffic. Additionally, the construction of this project would result in significant environmental damage, destroying natural habitats and putting wildlife at risk. In the Waterloo Region there are Currently 129 species at risk of extinction including plants, invertebrates, reptiles, fish, amphibians and mammals. This includes the endangered species ol'BUrnblebees, Blanding Turtles, American Badgers, Canada Warbler, Batik Swallow, Barn Swallow, Common Nighthawk, King Rail, and Louisiana WaterthrUsh — all known to reside in the Waterloo Region. An environmental impact study should be completed and available for the community to review. Furthermore, the type of housing being proposed is simply not in keeping with the character of our neighbour, which is mostly single-family detached dwellings. This development would bring in a large number of residents, as the type of building proposed is multi -unit. This will also inevitably lead to some units becoming rental properties, which could lead to increased crime rates and other negative social effects. It would also drastically alter the aesthetic in our area, replacing the existing greenery and open space with a monolithic housing complex, The residents of this neighbourhood require an increase in natural enjoyment, and building overtop of one of the small areas of natural greenery in the area would prevent this. Another issue that also does not seem to be adequately considered is the noise. Our small residential area was not structured to implement such building types, and with single-family dwelling households so close to the proposed site, the noise would be unacceptable for this quiet residential area. Finally, I am deeply concerned about the impact this development would have on property values in the surrounding area. The influx of residents and/or rental units could result in a decline in property values, making it difficult for current residents to sell their homes and move elsewhere. In conclusion, I strongly urge you to reconsider this proposed housing development. While I recognize the need for more housing, I believe this project is simply not the right fit for our neighbourhood. Thank You for your attention to this matter, Gagandeep Sandhu Page 196 of 355 Good afternoon Brian, Leanne PintalIN11111IN11111110M Wednesday, September Z7,2023ZO9PM Brian Bateman Rudy Mark 215OB|eamsRddevelopment Thank you very much for all the information you gave yesterday in regards to the future development of 21SOB|eamsRd. I'm sure the development will be approved and move into the next stages and we would like to be informed of future plans please. In regards to the development, I'm sure you will and have received all sorts of reasons as to why there should not be a development. Yes, it's frustrating for people who have purchased homes very close to the new development area and iLwill beloud and dusty, but iLiyaperfect place for new houses asthere isn't really any reason there shouldn't behouses inthat small area. | believe once people can get past the fact that the development WILL happen the concern will bethe type of housing. I think most people would like to see detached homes similar to what is currently in the area to keep up with the aesthetic. How can citizens in the neighbourhood be informed of what the housing will be? Thank you for your time, Leanne Pinto jW|izaAve Kitchener ON Page 197 of 355 From: Mark VV.K4e|chers Sent: Tuesday, September 26,2OZ38:45PK4 To: AyoOwodunni;Alexandra Rosu; Brian Bateman Subject: Neighbourhood Meeting 215OB|eamsRoad Some people who received this message don't often get email from Good Evening, Mr. Bateman and Mr. Owodunni, I live at 1WEliza Avenue, immediately adjacent to the area ultimately proposed to be developed lais likely the most significantly affected property, as the proposed development would be immediately beside and behind myproperty. Mywife wrote toyou yesterday toprovide some comments. We received a card in the mail advising that there is a meeting taking place on September 26, 2023 at 7:00 pm at which we and others could learn about the project, share our thoughts and learn about our appeal rights. We strenuously object to the proposed by-law amendment that would allow the development of the land around our home. Our home's privacy would be significantly impacted, as would our property's value. Given the importance of this proposal to us, we arranged to be in attendance at the meeting via Zoom. Unfortunately, we have not been able to share our thoughts at the meeting. | logged into the meeting at around 6:50pm, and then waited for over 1.5 hours staring at a Zoom screen saying that "[t]he host has another meeting in progress". Ultimately at8:3Opm, that changed to an error message saying "[dho webinar has expired". | tried connecting with both elaptop and using the Zoom app onatablet. That the land use next to my home may change without a public meeting is both distressing and disappointing. | know myneighbours also object tothe development, and | trust that the by-law amendment and proposed development will not proceed without any meaningful public meeting, and consideration of the interests mfthose directly impacted bythe decision. _ Yours Truly, Mark W. K4e|chers =BizaAvanum Kitchener, ONN2EO[5 Page 198 of 355 From: HabibUUah In Sent: Thursday, October 1Z,2OZ39:2]AM To: Brian Bateman Subject: Construction at Gravel Ridge Tr 2150 Bleams Rd Follow UpFlag: Follow up Flag Status: Flagged [You don't often get email from Learn why this isimportant at Good morning Brian, As per time given for zoom meeting on September 26th at 7pm i was waiting for meeting and tried to call ongiven phone number but noluck. Sir, when we purchased our house at Gravel Ridge Tr, i was told by our realtors that there would not be any construction at 2150 Bleams Rd area. Now we saw a board with information of construction, we have many concerns regarding this construction, i heard from my neighborhood that there is meeting happening onOctober 19th. We request city to please withhold this construction, i will represent myself in meeting aswell. We are not happy with this upcoming coming. Page 199 of 355 From: Dana Sent Monday, October l2OZ31I:14AK4 To: Brian Bateman Subject: 2l5OB|eamsRoad Development Follow UpFlag: Follow up Flag Status: Flagged You don't often get email from iP Hello Brian, Hope you are doing well. We attempted to connect several times via zoom and by telephone however; the meeting ID and numbers on the mail delivered postcards and posted sign re: 2150 Bleams Road were not operating or working on September 27th at 7pm. We are interested in knowing what was covered in the meeting and/or whether the meeting itself was rescheduled due to technical difficulties. I have some concerns that I would like to raise however; unsure now where and to who those can beaddressed with. MITI ff�- Page 201 of 355 From: ChadesLafore Sent VVednesday, September 27, 20231:31PK4 To: Brian Bateman Cc: AyoDwodunni Subject: Re: Neighbourhood Meeting 21SOB|eamsRoad [Some people who received this message don't often get email fromrnwhy this is important at ] Hi Brian I'm sorry to keep bothering you but it has come to my attention that the link for last night's meeting was changed. I do have a couple of concerns I wish to share with you. The parish runs a commercial banquet hall rentals which can be loud usually on weekends. If residential zoning is allowed to encroach on the cultural center's business it will create problems for the new residents. As a banquet hall that is used mostly on the weekends it is clear that they are dealing with a rodent problem if residential is aloud to move closer to this facility it will compound the problem for the parish, residents and ultimately the city. It will be sad to see the green space go and lose all of those trees for the massive excavation of the hill side. Ultimately it is now their property and clearly from the requested easement they have needs to do away with their septic system. Unfortunately it has to go along the neighbour's backyards. Again please forward the link for the meeting video Thank you for your time ChadesLaforet > On Sep 27, 2023, at 11:45 AM, Charles Laforet <chslafor(LtL3)gmaH.com> wrote: > Unbelievable??? I tried the phone connect and the online connect multiple times and both resulted in this response. The meeting was supposed tostart at7. Please send methe link when the video isready. >Thmnkyuu >[har|es La/oret > <imageOjpeg> � >>OnSep 27, 2U23,at8:59AM, Brian Bateman wrote: >> Charles, >> Sorry you were unable toconnect last night. The good news isthe meeting isrecorded and will be posted online. >> Brian Bateman, K8OP,RPP >> Senior Planner >> City of Kitchener >>519-741-]2O0x78G9,TTY 1-8G6-969-9994 �� Page 202 of 355 » >»----- Original Message --- >> From: Charles Lafo >> Sent: Tuesday, September 342O238:36PM >>To:Brian Bateman >> Cc: Ayo(}wmdunni >> Subject: Re: Neighbourhood Meeting 2150 B|eams Road >> Seriously? the meeting has expired? |sthis going ioberescheduled? >> Thanks >> Charles Lafonet >>>>DnSep 26'2O2B'atO:OOPM, Charles Loforetote: >>> Hi Brian >>> It's Charles Laforet from=gravel ridge trail waiting for the start of our neighbourhood meeting it's O:O8and the meeting has not begun on zoom. | seethe meeting isscheduled until 8:30 i'|| hangout unidthen. let usknow ifyou have rescheduled. >>> Thanks >>> Charles �� Page 203 of 355 From: Naeem Khai Sent: Tuesday, September JG,2O337:4DPKn To: AyoOwodonni Cc: Brian Bateman Subject: Re: Neighborhood meeting -215OB|eomsRoad Attachments: image003.png You dodofteu get ernail Naeem Hi Naeem, You can join here AAAAAAAAAAAAAAAAA Regards, Ayo OVVodunni Kitchener City Councillor, Ward 5 519-897-5019 Page 204 of 355 Customers can now connect with the City anytime by calling Mie 2417 Corporate Contact Centre at 519-741-2345. 5. From: Naeem Khan Sent: Tuesday, September 26, 2023 7:39 PM To: Brian Bateman <Brian.,Bateman@kitchener.ca> Cc: Ayo Owodunni <Avo.Owodunniekitchener.ca> Subject: Neighborhood meeting - 2150 Bleams Road Some people who received this message don't often get email from LQ why this is Dear Brian, I hope this message finds you well. I am writing to address an issue I encountered while attempting to attend the neighborhood meeting concerning the new development on our street for today September 26th. I joined the meeting via Zoom, as per the provided instructions, and was present from 7:00 pm, eagerly awaiting the start of the webinar. Unfortunately, the session did not commence, and after waiting until 7:30 pm, I reluctantly exited the platform. Understanding that technical glitches and unforeseen circumstances can occur, I kindly request clarification regarding the status of the meeting. Was it postponed? It would be greatly appreciated if you could provide any insights or updates on this matter. Additionally, if the meeting was indeed canceled or if there were issues in hosting it, I would like to request that it be rescheduled at the earliest convenience to ensure that all interested parties, including myself, have the opportunity to attend and participate. I believe that open dialogues regarding new developments are crucial in fostering a harmonious community environment, and I am keen to hear everyone's viewe I look forward to your prompt response, and I hope a suitable and convenient solution can be found soon. Please keep me informed of any new dates, times, or platforms for the rescheduled meeting. Page 205 of 355 Thank you for your attention to this matter and for your ongoing commitment to our community. Warm regards, NoeemKhan Page 206 of 355 From: Alexandra Rosu Sent: Monday, September 25, 2023 6:13 PM To: Brian Bateman Subject: 2150 Bleams Road Proposed Development Follow Up Flag: Follow up Flag Status: Flagged You don't often get email fronI Y� this is im Good afternoon Mr. Bateman, I am the owner of the property located at Eliza Avenue, Kitchener, N2E OCS. I reside here with my husband, Mark Melchers and our daughter. I am writing further to the proposed development that concerns the portion of the land adjacent to my property. I understand that this proposed development will be in the form of street townhouse dwellings and that there is a virtual zoom meeting scheduled for tomorrow, September 26, 2023 at 7:00 pm to discuss same. I purchased my property at Eliza Avenue back in the fall of 2016. 1 paid a premium for the lot on which this property is located, as there were no dwellings adjacent or behind my property, and it has a lot of privacy, This is the reason why I decided to purchase this porperty, i.e. for the privacy that this lot offered and, which was reflected in the purchase price. The trees beside the property and the greenery behind it provide serenity in the neighbourhood. In light of the foregoing, I am extremely concerned about the proposed development and, along with others, am opposing it, as it will lead to the devaluation of not only my property, but also the surrounding properties. My family and I will also be deprived of the privacy that we now enjoy and will be forced to sell the property if the development is approved. We should not have to do that. It will also lead to financial losses due to the devaluation of the property and neghibourhood that would otherwise not occur if the development is prevented. Thank you for your consideration. Yours truly, Alexandra Rosu and Mark Melchers. Page 207 of 355 From: Brian Bateman Sent: Wednesday, September 13, 2023 9:20 AM To: 'Kelly Galloway-Sealock'; Ayo Owodunni Subject: RE: 2150 Bleams Rd Attachments: 2150 Bleams.JPG Hi Kelly, Sorry for the delay - Good to hear from you. Hope all is well with you and your family. Thanks for taking the time to provide comments. The area subject to the application is shown on the attached map. Details of the Romanian Church's submission can be found on the City's website at htt s2eoenDaa AfACAatggq1s/ up nrtnZ Documents List 690903. pdf. Basically, they are wanting only to re -zone this area at this point with the intent of seeking further approvals through the Committee of Adjustment for either singles, semis or street fronting townhomes. If townhomes, then looking at 6-8 units. See you on the 26th. Brian Bateman, MCIP, RPP Senior Planner City of Kitchener 519-741-2200 x7869, TTY 1-866-969-9994 ----- Original Message ----- From: Kelly Galloway-Sealock �., Sent: Sunday, September 10, 2023 11:54 AM 1 Bleams "' [You don't often get email from earn why this is important at art.)s: a,k2ofris beit� AboLt old rldentification I Hi Councillor Owodunni and Brian, Thanks for the notification about the proposed development at 2150 Bleams Rd. This development will be in my backyard and I have some concerns. I understand there will likely be some form of development but I would like to see it as LOW RISE Residential with a maximum of 3 dwelling units. We have quite a bit of density in the neighbourhood with street townhouses and the new development off of Gravel Ridge Trail. Many people bought their homes on this stretch of the street to enjoy the land use already in place (church and cultural centre). I don't have a problem with some development but I'd like to see it at the minimum density. Do you have a concept site plan for this site? If so I'd appreciate seeing that or any information about the placement of dwelling units. Thanks for reading my comments. I am hoping to attend the neighbourhood meeting. Take care, Kelly Galloway -Sea lock Page 208 of 355 From: Jon Sammut Sent: Wednesday, September 6, 2023 7:54 PM To: Brian Bateman; Ayo Owodunni Cc: Dina Grammatikopoulos Subject: Concerns Regarding Proposed Land Development in Our Backyard (240 Gravel Ridge Trail) i y �:y clKw N"I;.oaf"� :H u: c"ino i'i i r i Swa J �Is9 Iul -L[Lt Dear Brian and Ayo, I hope this message finds you well. 1 am writing to express my deep concerns and objections regarding the proposed land development project that is planned in our backyard. I believe it is crucial for us to address the potential negative impacts this project could have on our community, our quality of life, and the unique privacy we currently enjoy in our backyard oasis. First and foremost, I want to emphasize that I value responsible development that benefits our community as a whole. However, the proposed project raises several significant concerns that I believe need to be thoroughly considered before any decisions are made. 1. Environmental Impact: Our backyard currently provides a private and tranquil retreat from the hustle and bustle of our neighborhood's street noise. It serves as a vital refuge for us and a safe haven for local wildlife. The proposed development may lead to habitat destruction and increased street noise, potentially eroding the privacy and serenity we currently cherish. 2. Traffic and Congestion: The proposed development has the potential to substantially increase traffic in our neighbourhood, especially on streets like Bleems, Trussler and Fischer -Hallman. This increase would like worsen the already existing congestion during peak travel times. 1 Noise and Pollution: Construction and increased population density could lead to even higher levels of street noise and pollution, further diminishing the tranquility of our private outdoor space and negatively impacting our overall well-being. ,, Property Values: There is a risk that the proposed development might decrease property values in our area due to the changes it would bring, particularly the loss of our private backyard oasis. This could have long-term financial consequences for homeowners in our neighbourhood. I urge you to consider the voices of residents who will be directly affected by this development, particularly those like us who rely on our private backyard as a retreat from the existing street noise. It is essential that a comprehensive and transparent environmental impact assessment is conducted, and that community feedback is taken into account during the decision-making process. We should also explore alternative, less intrusive development options that better align with the character and needs of our community while preserving the sanctity of our backyard privacy. Although I will be traveling to during the scheduled meeting, I will make every effort to attend remotely or provide my input through alternative means. This way, we can collaboratively seek a solution that ensures responsible development while preserving the unique qualities of our neighborhood and safeguarding the privacy of our backyard oasis. Page 209 of 355 Thank you for Your attention to this matter, and I look forward to hearing from you regarding the next steps inaddressing these concerns. Sincerely, Jonathan Sammut GWravdRidge Trail �eb Page 210 of 355 From: George Ulman Sent: Tuesday, September 5, 2023 4:18 PM To. Brian Bateman, Fr.John; George Ulman Subject: 2150 Bleams Road Development N' You don't often get email from ulmanCayro ers.com. Learn wh ,, Ii Hi Brian, as per my voice message, I represent the Romanian Cultural Association who have a long term lease agreement with the owner of the property Our organization has not been formally advised nor have we been formally consulted nor have we provided concurrence for such use which we consider will be an encroachment on our rightful use of the property as per our lease agreement and we have various concerns regarding such developments before proceeding any further with the process please contact us We are available at everyone's convenience to discuss George Ulman PresidentRomanian Cultural Association Treasurer Romanian Cultural Center Banatul Page 211 of 355 From: Andrey Zhukov Sent: Friday, October 20, 2023 12:41 PM To: Brian Bateman Subject: RE: 2150 Bleams Road planning application YOU don't often yet email from qty_1u j�gf1 of Hi Brian, Thank you for coming out yesterday and listening to our concerns and answering our questions. To me it sounded like the general consensus would be to leave the green space as is but if that is not realistic given the provincial push to build more housing the compromise would be to allow for single detached houses only. The reasoning would be that the whole street is single detached houses with covenant provisions that prescribe only certain designs and so on for the subdivision and I understand it might not have any legal standing anymore but this was among many reasons why people bought their properties here and we would like for the street to be consistent with what it is today and what was planned at the time of the initial development. This is a quiet neighbourhood with mostly homeowners occupying the properties and it shows. You mentioned yesterday that you understand the local concern but there's a bigger picture here where the province needs more houses. I totally understand that there's a bigger picture here but the end goal shouldn't be butchering existing neighborhoods and communities where everyone is unhappy in the end. The end goal should be to accomodate everyone as best as possible. Would 4 single detached homes accommodate less people than 6 townhomes? I don't think so, most singles are now built with legal basements so the headcount would not be any different in either scenario. But it would still be 4 separate houses that would match the street perfectly and leave everyone happy. The only reason the developer would choose to go with townhomes is to cut costs and maximize profits and there's no provincial push to accommodate for that. Plenty of development happening all over the city, with a big site being developed just down the street. I mean we are the second largest country in the world territory wise, not like we are short on land to accommodate the growth. It wasn't clear from what I heard yesterday if this land could be zoned in such a way that would only allow for single detached homes, but it seemed like there was a way. I would strongly encourage you to push for that scenario that would be a good compromise for everyone involved. On top of that the last housing report suggests 56% of new homes built are apartments, while the majority of residents prefer spacious single -detached homes. Local Realtors are urging the Region to increase the supply of Single Family homes. We expect the city to be consistent with its plans and predictable in the future where there's not only a place but a desire to live here. Thank you, Andrey Zhukov Page 212 of 355 From: Derek Furtadi, Sent: Wednesday, October Z5i2OZ32:46PM To: Brian Bateman Cc: AyoDwodunni Subject: Re -zoning of2I5OB|eamsRoad You don't often get ema|hn Hi Brian, I would like to start off by thanking you for your time during the meeting on Thursday, October 19th. That being said, | would like ioexpress myconcern about the proposed development, especially ifitwill end up being 6-8 townhouses. I believe this is a poor planning decision for Gravel Ridge Trail specifically, as this type of development does not fit in with the street or the surrounding homes in the general We would all rather prefer to see single detached homes, this would make more sense on this specific street and for this specific lot. As we saw a few times during our brief meeting on the 19th there were multiple cars waiting patiently to yield and sneak past all of the parked vehicles on the road, allowing only room for one vehicle at a time to drive safely down the road atthat exact location that is being rezoned. Adding 6-8 townhouses would only make this traffic jam and parking onthe road that much worse. Thank you for your time and your serious consideration. Page 213 of 355 Staff Report J IKgc.;i' r� R Development Services Department www.kitchener.ca REPORT TO: Planning and Strategic Initiatives Committee DATE OF MEETING: December 4, 2023 SUBMITTED BY: Rosa Bustamante, Director of Planning, 519-741-2200 ext. 7319 PREPARED BY: Eric Schneider, Senior Planner, 519-741-2200 ext. 7843 WARD(S) INVOLVED: Ward 9 DATE OF REPORT: REPORT NO. November 14, 2023 DSD -2023-514 SUBJECT: Official Plan Amendment Application OPA23/008/13/ES Zoning By-law Amendment Application ZBA23/012/B/ES 93-99 Benton Street & 39-43 St. George Street RECOMMENDATION: That Official Plan Amendment Application OPA/23/008/B/ES for Ideal Capital Limited requesting to add Special Policy Area 9 to Map 11 — Cedar Hill Secondary Plan in the Official Plan and to add Policy 13.3.4.9 to the Cedar Hill Secondary Plan to facilitate a mixed use development having 96 residential units and 53 square metres of commercial space with a Floor Space Ratio (FSR) of 5.1, be adopted, in the form shown in the Official Plan Amendment attached to Report DSD -2023-514 as Attachment 'A', and accordingly forwarded to the Regional Municipality of Waterloo for approval, and That Zoning By-law Amendment Application ZBA23/012/B/ES for Ideal Capital Limited be approved in the form shown in the `Proposed By-law', and `Map No. 1', attached to Report DSD -2023-514 as Attachment `B' The purpose of this report is to evaluate and provide a planning recommendation regarding Official Plan Amendment and Zoning By-law Amendment Applications for the lands located at 93-99 Benton Street & 39-43 St. George Street. It is Planning staff's recommendation that the Official Plan Amendment and Zoning By-law Amendment Applications be approved. Community engagement included: o circulation of a preliminary notice to property owners and residents within 240 metres of the subject site; o installation of a large billboard notice sign on the property; o Neighbourhood Meeting held on August 29, 2023; *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 214 of 355 o in person meeting with Cedar Hill Neighbourhood Group representatives, the applicant, and ward councillor, facilitated and hosted at City Hall on September 27, 2023; o in person meeting with Cedar Hill Neighbourhood Group representatives and other residents on site on November 3, 2023; o notice advising of the statutory public meeting was circulated to all property owners and residents within 240 metres of the subject site, those who responded to the preliminary circulation; and those who attended the Neighbourhood Meeting; o notice of the public meeting was published in The Record on November 17, 2023. • This report supports the delivery of core services. EXECUTIVE SUMMARY: Planning staff is recommending approval of the requested Official Plan Amendment to add Special Policy Area 9 to Map 11 and Policy 13.3.4.9 to the text in the Cedar Hill Secondary Plan to allow for an increased Floor Space Ratio (FSR) of 5.1. Planning Staff is recommending approval of the requested Zoning By-law Amendment Application to add Special Regulation Provision (807R) and a new Holding Provision 112H to the existing Commercial Residential Two (CR -2) zone in Zoning By-law 85-1 to permit a thirteen (13) storey mixed-use development, having 53 square metres of commercial floor area, with an increased Floor Space Ratio (FSR), reduced yard setbacks, an reduction in the number of required parking spaces, prohibition on geothermal wells, and a Holding Provision to implement a Detailed Transportation and Stationary Noise Study. The applicant has made revisions to the architectural design of the building to respond to staff and community comments. Staff are recommending that the applications be approved. BACKGROUND: The City of Kitchener has received applications for Official Plan Amendment and Zoning By-law Amendment from Ideal Capital Limited for a development concept of a 13 -storey mixed-use building containing 96 dwelling units and 1 commercial unit containing 53 square metres of commercial floor space. The lands are designated `Medium Density Commercial Residential' in the Cedar Hill Secondary Plan in the City's Official Plan. Site Context The subject lands are addressed as 93-99 Benton Street, and 39-43 St. George Street, consisting of two former lots consolidated into one parcel. The parcel is an irregular shaped lot with frontage onto 2 streets: Benton Street (Regional Road 6) and St. George Street. The subject lands have a lot area of 0.13 hectares with a frontage of approximately 35 metres on Benton Street and 30 metres on St. George Street. The subject lands are currently developed with a townhouse building facing Benton Street (7 units), and an apartment building facing St. George Street (6 units), for a total of 13 dwelling units. The surrounding neighbourhood includes a mix of low, medium, and high-rise residential buildings, including 64 Benton Street, The Bow Building and Arrow Lofts on Benton Street, and Wellington Place on Church Street. Page 215 of 355 The 13 existing dwelling units on site are currently occupied with tenants, some of which have contacted the City and the Owner as part of the engagement following the circulation of this application. Subjects discussed focused on timing of construction, what is being done to accommodate impacted residents, and if the Owner is offering any supports to aid in transition to different housing. The Owner has responded that they would follow the requirements of the Residential Tenancies Act (2006). Staff have facilitated meetings and discussion between the tenant groups, area resident groups and the applicant in order to further this discussion and request a plan for the existing tenants be put in place. The City of Kitchener does not regulate the provincial legislation in the Residential Tenancies Act; it is the Landlord Tenant Board that acts as the provincial tribunal for matters related to tenancies. , W 4rc, ". w C'U „ a.& °< ASUJECTAREA °q p" a t N Figure 1 - Location Map: 93-99 Benton Street & 39-43 St. George Street REPORT: The applicant is proposing to redevelop the subject lands with a 13 -storey mixed use building containing 96 dwelling units, 53 square metres of commercial space on the ground floor, surface parking partially under the building on the ground floor, and two Page 216 of 355 levels of underground parking. The proposed building is classified as a "Compact Slab Tower" in the City's Tall Building Guidelines. Vehicular access is proposed on Benton Street for the entrance to the underground garage for residents, and on St. George Street for surface parking for visitors and for loading/drop off areas. Fourteen (14) surface parking spaces are proposed partially under the building cantilever and 29 parking spaces within the two underground levels, for a total of 43 vehicular parking spaces. Bicycle parking is proposed to be provided in secure bicycle storage rooms in the underground parking garage (92 spaces) and outdoor bicycle rack for short term and visitor use (6 Figure 2 — View of Subject Lands (7 -unit Townhouse Building facing Benton Street) Page 217 of 355 Figure 3 — View of Subject Lands (Rear of site at St. George Street) w / u � % //r "� �/r/�f ri � %�,✓'� r/r/l/�����//�jr � �r f ��i �%///� r it /�/G,I✓if . � �� �w+�1`�r�lihrYJ)i�i /,. �'f(�i���rly„i�i>irl�/rir/,.Gi � .i//i� / ..-�/////i/jir �r /�// r:J-i 7�r,iJ�!%i / ✓l//ir %.f,.�/r�� �r �� , //;f; ,,,,- Irr. rr r, i �✓�i�%%J��%/Iil �"�' J /r///�!�r�r l�%f/%i�/i/r /l��/%i��%%%JI/��r % �.r; l/r '�i�1 -i g ;r tdr'i�,ri � % �/�✓/iris /a r��%irr/� / I/I/,l/�!�/Irr�/5i �i��iii/�%%r/%/r��rrf/����, 0 //,j r,!,! r r�r r / 111 rr�rr y���ri� �/��j/�i!/rj�/��i%/ir.,/i�✓v'��if /r !!Ir i/1�/�r !. Bri ri r�: ,,r +, v 'N"""'IYy"',!/' // ry ! rr ./!r / 1 ir4 / /r/.ry✓��✓�i/1j /'/�-7'i � �irf i �/fir. r!/l 1���/rJJ r/r ! r' ��r�jYl1(i ��i'' �jf /�" a r1/! /y� �, Y ��/!rr/:... if !Ai r �'µ'„,�/ /�/ itvOj r�/'���(r�, r ✓rl;f�-J/r �/i'/�r�r � /r/�'it 1' ����n (!1r/r,S ,;n ����;r;iNi f r, . 1!7 /„�b/ rj: :/r✓ r.. � ���,.1�%iJrr /�1�lr'��°N%I�� /r/>'i��/rrll!!rr /rr��/ir�Z��(/'�l�l /��d r r/ / �Jj1,rr, r;� Figure 4 — View of Subject Lands (6 -unit Apartment Building facing St. George Street) Page 218 of 355 The proposed development includes 73 one -bedroom and 23 two-bedroom units. Two indoor amenity areas are proposed on the ground floor and 13th floor. A rooftop amenity area is proposed on the 13th floor. An at grade outdoor amenity area is proposed at the rear of the site. Private balconies are proposed for each unit. Revisions in response to comments during application process: The applicant has responded to staff and neighbourhood comments regarding the architectural design of the proposed building, by adding a 1.5M building stepback, a distinction between base and tower, updated materials and colours to better respond to the existing Cedar Hill/St. George Street neighbourhood, and better pedestrian scaled base at street level. Changes to design resulted in other revisions, highlighted below: • Units reduced from 99 to 96 • Floor Space Ratio (FSR) increased from 5.0 to 5.1 to incorporate building stepback. • Height increased from 12 -storeys to 13 -storeys. The 13th floor is half of the floorplate size of the rest of the tower and includes additional indoor and outdoor amenity space: 0 49.3 square metres of additional indoor amenity space on the 13th floor (total of 91.5 square metres within building) 0 225 square metres of additional outdoor amenity area on a rooftop terrace on the 13th floor • Vehicular parking reduced from 52 spaces to 43 spaces • Bicycle parking increased from 94 to 98 spaces Figure 5 — First Submission Rendering of Proposed Building (left) Updated Rendering based on Staff and Resident Comments (right) [Perspective view of intersection of Benton Street and St. George Street] Page 219 of 355 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. Page 220 of 355 5.5m, Ef3 ,Cr, FPCPA 11ryr,;,0 PCLEE LPIE S GEORGE ST. rwt rv.. II .w i�.lary u�e��w. r.'< in lf,4rvuelw� "�t<•.AI � I MdE V:1,IW101 IE �.... IPROPIDSEC1 3STOREM 94INIT W e , HIGH LMEI UTYRESIDENTIAL ''., uyY RE aLIDllE LU ca W tI H.P. e rc, n I t.n.v I fM 411ll 7"T "'YiBs Yll 4,777-1,M RIP III ° IW ei bWE 0 f Y fi✓N FRI e'4'. .SWmAMAx Wa14LeMG IAMU4MYN Pli� +a re'Y.: er ,�, ValRtr .=1 Fml tlrvartt .4Xi S:"infXM:.J I l I ral+I':i:!r;W�a tl.tltt lilnY�.. 111 f „ 'mGrie �1 tro �n I PIS RP . *I I t h�I Hr lrs.; do wl " n lA�„w x xwuuin�n: nueazwe sxa', kJJail'. R t vrr�::; �1f1 rvr IH P. Figure 6: Concept Plan 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 ION rapid transit, bus, 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 includes one and two-bedroom units. Planning staff is of the opinion that the proposed application will facilitate the intensification of the subject property with a high-density mixed-use 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 Page 221 of 355 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 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. Page 222 of 355 Policy 2.2.4 requires that planning be prioritized for Major Transit Station Areas (MTSAs) on priority transit corridors, including zoning in a manner that implements the policies of the Growth Plan. MTSAs on priority transit corridors will be planned for a minimum density target of 160 residents and jobs combined per hectare for those that are served by light rail transit or bus rapid transit. The Region of Waterloo's ION is a form of light rail transit and the ION stations are Major Transit Station Areas (MTSAs) that are required to achieve the minimum density target of 160 residents and jobs combined per hectare. 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 conceptual boundary for the Queen Street station. The Minister approved Regional Official Plan Amendment Number 6 (ROPA 6) in August 2022 which included mapping which defines the boundaries of all MTSAs in the Region. These lands are within the Queen Street MTSA. The proposed development represents intensification and will help the City achieve density targets in the MTSA. The proposed designation and zoning will support a higher density housing option that will help make efficient use of existing infrastructure, parks, roads, trails and transit. Planning staff is of the opinion that the applications conform to the Growth Plan. Regional Official Plan (ROP): Urban Area policies of the ROP identify that the focus of the Region's future growth will be within the Urban Area. The subject lands are designated Built -Up Area in the ROP. The proposed development conforms to Section 2.F of the ROP as the proposed development supports the achievement of the minimum annual intensification targets within the delineated Built -Up Area. Growth is directed to the Built Up Area of the Region to make better use of infrastructure that can assist in transitioning the Region into an energy efficient, low carbon community. Furthermore, intensification within the Built -Up Area assists the gradual transition of existing neighbourhoods within the Region into 15 -minute neighbourhoods that are compact, well connected places that allow all people of all ages and abilities to access the needs for daily living within 15 minutes by walking, cycling or rolling. The subject lands are located in the Queen Street 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 Queen Street 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 (Attachment `D'). Planning staff are of the opinion that the applications conform to the Regional Official Plan. City of Kitchener Official Plan (OP) The City of Kitchener OP provides the long-term land use vision for Kitchener. The vision is further articulated and implemented through the guiding principles, goals, objectives, Page 223 of 355 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. Urban Structure The Official Plan establishes an Urban Structure for the City of Kitchener and provides policies for directing growth and development within this structure. Intensification Areas are targeted throughout the Built-up Area as key locations to accommodate and receive the majority of development or redevelopment for a variety of land uses. Primary Intensification Areas include the Urban Growth Centre, Major Transit Station Areas, Nodes and Corridors, in this hierarchy, according to Section 3.C.2.3 of the Official Plan. The subject lands are located within a Major Transit Station Area (MTSA). The planned function of the MTSA is to ensure that sites will be planned and redeveloped at densities that will support transit, and achieve a mix of residential, office, institutional and commercial uses. They are also intended to have streetscapes and a built form that is pedestrian -friendly and transit -oriented. Policies also require that development applications in MTSAs give consideration to the Transit -Oriented Development (TOD) policies contained in Section 13.C.3.12 of the Official Plan. Generally, the TOD policies support a compact urban form, that supports walking, cycling and the use of transit, by providing a mix of land uses in close proximity to transit stops, to support higher frequency transit service and optimize transit rider convenience. These policies also support developments which foster walkability by creating safe and comfortable pedestrian environments and a high-quality public realm. Staff is of the opinion that the proposed development will help to increase density in an area well served by nearby rapid transit (300 metres to Queen ION station) 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 `Medium Density Commercial Residential' in the Cedar Hill Secondary Plan (Map 11) in the City of Kitchener Official Plan. The Medium Density Commercial Residential designation permits a variety of commercial and residential uses up to a maximum FSR (Floor Space Ratio) of 2.0. The applicant is proposing to add a Special Policy Area to the Cedar Hill Secondary Plan to permit an increase in the FSR to 5.1. 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 ensure that certain conditions, studies or requirements related to a proposed Zoning By-law Amendment are met. Page 224 of 355 A Holding Provision to ensure an Environmental Noise Study is implemented is being proposed. Neighbourhood Planning Review (NPR) / Growing Together The subject lands are within the Cedar Hill Neighbourhood Planning Review (NPR) area. A statutory public meeting was held on December 9, 2019 regarding draft amendments to the Cedar Hill Secondary plan. The NPR project within the Major Transit Station Areas (MTSA) has been incorporated into the City's Growing Together Planning framework expected to be presented to Council in early 2024. Draft land use designations and zoning regulations have been prepared in November 2023 as part of the Growing Together project. These lands are proposed to be designated Strategic Growth Area B and zoned Strategic Growth Area 2. This proposed application exceeds the maximum height of 8 storeys in the draft regulations. The proposed application would not meet some of the proposed regulations such as yard setbacks, but would meet the lot area and size requirements, as well as the transition to low rise residential zone regulations. Urban Design Policies: The City's urban design policies are outlined in Section 11 of the City's OP. In the opinion of staff, the proposed development satisfies these policies including: Streetscape; Safety; Universal Design; Site Design; Building Design, and Massing and Scale Design. To address these policies, an Urban Design Brief was submitted and has been reviewed by City staff. The Urban Design Brief is acceptable and outlines the vision and principles guiding the site design and informs the proposed zoning regulations. Streetscape — The proposed tower portion of the building has been oriented to the corner of Benton Street and St. George Street to address the streetscape and provide a prominent treatment of the corner of the site. Ground floor glazing of the commercial unit and lobby area provides visual interest and activation at the pedestrian scale. Safety — As with all developments that go through site plan approval, staff will ensure Crime Prevention through Environmental Design (CPTED) principles are achieved and that the site meets emergency services policies. Lighting of outdoor spaces and underground parking areas is required to meet standards for safety and security. Universal Design — The development will be designed to comply with Accessibility for Ontarian's with Disabilities Act and the Ontario Building Code. Barrier free parking will be provided at the ground floor with access to elevator for floors above. Site Design, Building Design, Massing and Scale — The proposed building is designed to be developed at a scale that is compatible with the existing and planned surroundings. Through feedback from the neighbourhood, the building design was changed to provide building material, color, and articulation that takes cues from the existing Cedar Hill neighbourhood. The stepback on the 7th floor and half -storey on the 13th floor respond to Page 225 of 355 the neighbourhood by reducing the massing and impact of the tall building on the surrounding lands. 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 requirements outlined in the City of Kitchener Urban Design Manual. A final shadow study will be required at the site plan application stage to ensure compliance with the City's Urban Design manual. Tower Desian The proposed 13 -storey tower is classified as a "Compact Slab" as the proposed tower floor plate is 617 square metres in area. The tower placement has been oriented towards the corner of Benton Street and St. George with a 7 -storey podium articulation and building step backs at the 7th floor. The tower massing is broken up vertically by the variation and the articulation of building materials and balconies. Additionally, step backs and the half size floorplate on the 13th floor provide the building design with further articulation and reduced impacts of the height. 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. The proposed development is expected to increase winds locally on Benton Street, and localized speed increases are most noticeable near the building corners. Mitigation measures and wind control features will be required through the site plan application through the final building design. 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. Page 226 of 355 The proposed development concept has been reviewed with these objectives in mind. The North and West property lines face the street, so staff evaluated the South and East sides for separation to abutting private lands. City staff has confirmed that the proposed tower exceeds the offsite separation requirement on the South side and meets 80% compliance on the East side. The proposed development is acceptable for offsite separation distance requirements of the Design for Tall Building Guidelines. For the draft separation policies contained in the proposed Growing Together zoning by- law, the proposed application meets the maximum floor plate and maximum building length, but does not meet the yard setback of 6 metres for Storey 7 and above. 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 Queen Street ION station 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 residential development at a transit supportive density. 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. Through future site plan approval processes, 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, the applicant is proposing to provide secure, indoor bicycle storage to encourage active transportation. 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. Policy 4.C.1.12 states that the City favours a land use pattern which mixes and disperses a full range of housing types and styles both across the city as a whole and within neighbourhoods. The proposed development increases the range and supply of dwelling Page 227 of 355 units available in the city and is proposed in a primary intensification area. The development is contemplated to include one- and two-bedroom units in a high rise setting. This will provide additional housing choices and options in the Cedar Hill neighbourhood. Official Plan Conclusions The Official Plan Amendment application requests to add `Special Policy Area 9' to the Cedar Hill Secondary Plan. 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 Attachment "A". Proposed Zoning By-law Amendment: The subject lands are currently zoned Commercial Residential Two Zone (CR -2) in Zoning By-law 85-1. This zone permits multiple dwellings, as well as a range of commercial uses. There is no maximum building height, but the maximum Floor Space Ratio (FSR) is 2.0 The applicant has requested an amendment to add a Special Regulation Provision to the CR -2 Zone on the subject lands. The special regulation provision would facilitate the proposed development concept through special regulations for FSR, yard setbacks, parking, bike parking, building height, prohibiting geothermal wells, 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. Staff offer the following comments with respect to proposed Special Regulation Provision 807R a) That the maximum Floor Space Ratio (FSR) shall be 5.1. The purpose of this regulation is to regulate the Floor Space Ratio (FSR) and ensure development does not exceed the density evaluated in the concept plans. The increase in Floor Space Ratio from 2.0 to 5.1 represents a change from medium density to high density development. The location of the subject lands within a Major Transit Station Area and located along Benton Street (a Regional Road) and across from existing buildings with a similar scale and typology makes the lands a good candidate for increased density for redevelopment. The lands have adequate separation from designated low-rise residential lands, with the tower portion of the building set back 30 metres from the closest lot line of low-rise residential zoned land. This represents a doubling of the 15M transition distance required in Zoning By-law 2019-051. The applicant has provided a development concept that demonstrates adequate separation, transition, scale and orientation to justify a requested increase in Floor Space Ratio to 5.1. Further, the applicant has provided a concept plan demonstrating functional access, loading, parking, on site circulation, and Page 228 of 355 robust amenity to demonstrate that a building of this typology with the proposed density and Floor Space Ratio of 5.1 can function appropriately on the lands. b) That maximum building height shall be 45 metres and 13 storeys. The purpose of this regulation is to regulate the maximum building height for the proposed development. The current CR -2 zone does not contain a maximum building height, as height is regulated through the maximum FSR of 2.0. The proposed height is based upon similar scaled high-density developments within the existing neighbourhood, such as Wellington Place (20 storeys), Arrow Lofts (8 storeys) The Bow (15 storeys), 64 Benton Street (15 storeys). The proposed building height is generally in accordance with the City's Tall Building Guidelines and has been reviewed and deemed appropriate by Urban Design staff. c) That parking for dwelling units be provided at a rate of 0.4 parking spaces per dwelling unit. The purpose of this regulation is to provide for a parking rate which is appropriate for the development. The proposed ratio results in a parking rate of 0.4 parking spaces per dwelling unit (inclusive of visitor spaces). The subject lands have excellent 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 of 0.4 spaces per dwelling unit (inclusive of visitor parking) is appropriate for the subject lands. d) That visitor parking be provided at a rate of 12% of parking required for dwelling units. The purpose of this regulation is to provide an adequate amount of visitor parking spaces on site to accommodate the visitor parking needs of the proposed development. Transportation Services staff have worked with the applicant to determine an appropriate rate of visitor parking for the proposed development, which results in a total of 5 visitor parking spaces. It is acknowledged that the subject lands are within a Major Transit Station Area and the development concept is a transit -oriented development, which can justify a reduced parking and visitor parking demand as transit and active transportation options are available for the subject lands. e) The minimum parking rate for non-residential uses (ground floor commercial unit) shall be one space per 60 metres. The purpose of this regulation is to provide an adequate parking supply for the proposed ground floor commercial unit. The proposed commercial unit size of 53 square metres will result in a smaller scape commercial use like a small cafe or retail space and will likely mostly serve residents of the proposed building and the immediate surrounding neighbourhood, rather than a commercial business that operates as a `destination' that would warrant significant vehicle parking. Therefore, the one parking space allotted for the small ground floor commercial space is adequate to provide vehicle storage and/or loading for the proposed unit in the opinion of Planning and Transportation Services staff. f) The minimum front yard setback (St. George Street) shall be 1.5 metres. Page 229 of 355 The purpose of this regulation is to establish a front yard setback for the proposed building facing St. George Street. The location of the tower portion of the building has been situated as far to the corner of Benton Street and St. George Street as possible. This is to address the street with a prominent and active use, and to ensure adequate separation to the low-rise residential lands to the East. g) The minimum side yard abutting a street (Benton Street) shall be 0 metres. The purpose of this regulation is to establish a side yard setback abutting Benton Street. It is important to note that the Region of Waterloo is taking a 3 metre road widening on Benton Street as part of a future site plan application. Therefore, the building is proposed to be setback 3 metres from the current property line. Another notable point is that the property line along Benton is angled, meaning that only one corner of the building near the parking garage entrance is located 0 metres from the new property line, and as the building gets closer to St. George Street it gets further from the new property line. Planning staff will work with Regional Transportation staff to ensure landscaping can be provided between the sidewalk and the building. The building has been situated as close to Benton Street as possible in order to address the street and to provide an adequate buffer from the low-rise residential lands to the East. h) The minimum rear yard setback shall be 7.5 metres for a portion of a building above 6 metres in building in height and 1.5 metres for a portion of a building below 6 metres in building height. The purpose of this regulation is to establish a minimum rear yard setback. The rear yard of the subject lands abuts a lot facing Benton Street that has been vacant for several years. In order to protect the development potential of those lands, a setback from the tower portion of the building of 7.5 metres is proposed to provide adequate separation of buildings should the adjacent lands be developed in the future. The one -storey parking garage is proposed between the tower portion of the building and the rear lot line, resulting in a 1.5 metre setback that can be used for landscaping. i) The minimum street line stepback for tall buildings shall be 1.5 metres. The purpose of this regulation is to require the building to step back beyond the podium articulation to provide visual interest and high-quality urban design. The stepback will ensure that taller portions of the building are located further from the street lines, minimizing the massing, shadow, and wind impacts that would exist without the stepback. j) Geothermal energy systems shall be prohibited. The purpose of this regulation is to protect sensitive groundwater areas. The Region of Waterloo requires a prohibition on geothermal energy on the subject lands. Staff offer the following comments with respect to Holding Provision 112H. 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 Page 230 of 355 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 special regulation provision 807R. 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 112H Planning staff are recommending the following holding provision as part of the Zoning By- law Amendment: No residential use shall be permitted until such time as a Road Traffic and Stationary Noise Study is submitted and approved and implementation measures addressed to the satisfaction of the Regional Commissioner of Planning, Housing and Community Services, if necessary. This Holding Provision shall not be removed until the City of Kitchener is in receipt of a letter from the Regional Commissioner of Planning, Housing and Community Services advising that such noise study or studies has been approved and an agreement, if necessary, has been entered into with the City and/or Region, as necessary, providing for the implementation of any recommended noise mitigation measures. 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. Proposed Zoning By-law Amendment Conclusions Staff is of the opinion that the proposed Zoning By-law Amendment to change the zoning of the subject lands to Commercial Residential Two Zone (CR -2) with Special Regulation Provision 807R and Holding Provision 112H represents good planning as it will facilitate the redevelopment of the lands with a mixed-use development that is compatible with the existing neighbourhood, which will add visual interest at the street level, provide enhanced landscaping that will contribute to the streetscape, and which will appropriately accommodate on-site parking needs. Staff are supportive of the proposed development and recommend that the proposed Zoning By-law amendment be approved as shown in Attachment "B". Department and Agency Comments: Circulation of the Official Plan Amendment and Zoning By-law Amendment Applications was undertaken to all applicable City departments and other review authorities. No major concerns were identified by any commenting City department or agency and any necessary revisions and updates were made. Copies of the comments are found in Attachment `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 Page 231 of 355 Urban Design Brief Prepared by: MHBC Planning, May 2023 Architectural Package Prepared by: ABA Architects, March 10, 2023 Environmental Noise Assessment Prepared by: SLR Consulting, September 15, 2023 Geotechnical Report: Prepared by: MTE Consultants Inc, February 7, 2023 Functional Servicing and Stormwater Management Report Prepared by: MTE Consultants Inc, March 6, 2023 Functional Site Grading and Servicing Plan Prepared by: MTE Consultants Inc, February 9, 2023 Existing Conditions Plan Prepared by: MTE Consultants Inc, November 11, 2022 Pedestrian Wind Assessment Prepared by: The Boundary Layer Wind Tunnel Laboratory, April 17, 2023 Sustainability Statement Prepared by: MHBC Planning, May 1, 2023 Parking Study Prepared by: Paradigm Transportation Solutions Limited, February 2023 General Vegetation Overview Prepared by: JK Consulting Arborists, June 29, 2023 Page 232 of 355 Community Input & Staff Responses Staff received written responses from 16 residents with respect to the proposed development, including residents representing the Cedar Hill Neighbourhood Group. These are included in Attachment `D'. A virtual Neighbourhood Meeting was held on August 29, 2023. Following the virtual meeting, Staff facilitated a meeting between members of the community and the applicant, taking place at City Hall on September 7, 2023. Ward 9 Councillor Debbie Chapman was present at the meeting as well. The applicant presented the updated design concept with architectural plans, and high-level discussions about other topics such as building height, type of units, privacy, existing tenants on site, etc. An on-site meeting was held with residents of the Cedar Hill Neighbourhood Group on November 3, 2023. Discussion was mostly focused on the issue of displacement of current tenants, with other discussions regarding one-way traffic on St. George Street and the building setback to Benton Street. Resident groups both from the Cedar Hill Neighbourhood Group as well as a group representing the existing tenants of the subject lands have sent letters and corresponded directly with the owners of the lands, representatives for Ideal Capital Limited. Displacement of Current Tenants The issue of displacement of the current tenants is a significant point of emphasis for the surrounding neighbourhood and especially for the tenants themselves. The circulation and public notice of this application is how most tenants found out about the owners' plans for redevelopment. It has been noted by current tenants that the current rental prices are significantly lower than the average market rental prices in the Region and that if they were to be displaced that many would struggle or be unable to afford rent at average monthly market rental prices in the area. City Staff has encouraged the applicant/owner to prepare a plan for transition of existing tenants to housing elsewhere given their intent to demolish the existing buildings on site. Staff has been included on discussions between the applicant and tenant/resident groups in the form of in person meetings, letters, and emails. The discussion is ongoing and staff will continue to assist in a facilitator role. Staff continue to advocate for the provision of a transition package that goes above and beyond the minimum requirements of the Residential Tenancies Act in order to proceed with development in a responsible and community -focused manner. 16 people provided comments A City -led Neighbourhood Meetings held on August 29 and 46 different users logged on Page 233 of 355 992 households (occupants and property owners) were circulated and notified Planning Conclusions In considering the foregoing, staff are supportive of the proposed Official Plan Amendment and Zoning By-law Amendment Applications to permit 93-99 Benton Street and 39-43 St. George Street to be developed with a mixed-use building. Staff is of the opinion that the subject applications are consistent with policies of the Provincial Policy Statement, conform to Growth Plan for the Greater Golden Horseshoe, the Regional Official Plan, and the City of Kitchener Official Plan and represent good planning. It is recommended that the applications be approved. STRATEGIC PLAN ALIGNMENT: The recommendation of this report supports the achievement of the City's strategic vision through the delivery of core service. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. These applications were received prior to July 1, 2023 and therefore not subject to fee refund provisions in the Planning Act. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the council / committee meeting. Two large notice signs were posted on the property and information regarding the application was posted to the City's website in July 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, those responding to the preliminary circulation and who attended the Neighbourhood Meeting. Notice of the Statutory Public Meeting was also posted in The Record on November 17, 2023 (a copy of the Notice may be found in Attachment '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 May July 12, 2023. In response to this circulation, staff received written responses from 16 members of the public. COLLABORATE— Staff facilitated a meeting between members of the community and the applicant, taking place at City Hall on September 7, 2023. A second meeting on-site was held with residents of the Cedar Hill Neighbourhood Group on November 3, 2023 to discuss the application further. Page 234 of 355 PREVIOUS REPORTS/AUTHORITIES: • Planning Act, R.S.O. 1990, c. P.13 • Growth Plan, 2020 • Provincial Policy Statement, 2020 • Region of Waterloo Official Plan • City of Kitchener Official Plan, 2014 • Cedar Hill Secondary Plan • City of Kitchener Zoning By-law 85-1 REVIEWED BY: Stevenson, Garett — Manager of Development Review, Planning Division APPROVED BY: Chapman, Dan — Chief Administrative Officer ATTACHMENTS: Attachment A — Proposed Official Plan Amendment Attachment B — Proposed Zoning By-law Amendment Attachment C — Newspaper Notice Attachment D — Department and Agency Comments Attachment E — Public Comments Attachment F — Concept Plan Page 235 of 355 Attachment "A" DSD -2023-514 AMENDMENT NO. XX TO THE OFFICIAL PLAN OF THE CITY OF KITCHENER CITY OF KITCHENER 93-99 Benton Street and 39-43 St. Georae Street Page 236 of 355 AMENDMENT NO. XX TO THE OFFICIAL PLAN OF THE CITY OF KITCHENER CITY OF KITCHENER 93-99 Benton Street and 39-43 St. George Street INDEX SECTION 1 SECTION 2 SECTION 3 SECTION 4 APPENDICES APPENDIX 1 APPENDIX 2 APPENDIX 3 TITLE AND COMPONENTS PURPOSE OF THE AMENDMENT BASIS OF THE AMENDMENT THE AMENDMENT Notice of the Meeting of Planning and Strategic Initiatives Committee of December 4, 2023 Minutes of the Meeting of Planning and Strategic Initiatives Committee — December 4, 2023 Minutes of the Meeting of City Council — December 11, 2023 Page 237 of 355 Attachment "A" DSD -2023-514 AMENDMENT NO. XX TO THE OFFICIAL PLAN OF THE CITY OF KITCHENER SECTION 1 — TITLE AND COMPONENTS This amendment shall be referred to as Amendment No. XX to the Official Plan of the City of Kitchener. This amendment is comprised of Sections 1 to 4 inclusive. SECTION 2 — PURPOSE OF THE AMENDMENT The purpose of the Official Plan Amendment is to amend the Official Plan by adding Special Polciy Area 9 to Map 11 (Cedar Hill Secondary Plan) and by adding associated Policy 13.3.4.9 to the text of the Cedar Hill Secondary Plan. SECTION 3 — BASIS OF THE AMENDMENT The subject lands are designated `Medium Density Commercial Residential' in the Cedar Hill Secondary Plan (Map 11) in the City of Kitchener Official Plan. 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 238 of 355 Attachment "A" DSD -2023-514 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. 9.9m �ETiv X+'�7,,.FFi✓_7Qfl t1"I'16R+7 IPI'J=.EG LA•IE ST GEORGE T. poi I'1 I.I'«M,amOf KH t III I'' I _ T. � is rn w d I PJI N1 tXh7E VA 1-1Zc7MIE G r n, G Nrao: x E^^^^ IRF&C1MCb'SIECI .i STORTY 481R r. �i ui m«r r. orruuv:; m� ir"JF �n or HIGH DEI ITC RESIDENTIAL "' ,( PE . -a i�YIIE LU ca H.P. I t.n.v I rx t 11 F <tl lwrtil• .,rs — T .... f r? V iTL IM nw l lMt I'.. I M, 1 t ui I JW �MAa4k &vlftldWVX nYkFSfd'D r �.X I rwr¢I�,sn+�ivT Ihl t l va rr IM � ., II xr �r w.RIRi,.I�� a �r�rrmlou'"" I x l law ,as r l r .. ns aw rftwll�wc r�wTtk'u V 1 "K, 1 Nlla'.I 'n IkPI•tl1 vAWEI+Nkai,; w1.X1r1 m H.P'. Figure 4: Concept Plan 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 ION rapid transit, bus, and makes efficient use of both existing roads and active transportation networks. The lands are serviced and are in proximity to parks, 4 Page 239 of 355 Attachment "A" DSD -2023-514 trails and other community uses. Provincial policies are in support of providing a broad range of housing. The proposed mixed-use development includes one and two- bedroom units. Planning staff is of the opinion that the proposed application will facilitate the intensification of the subject property with a high-density mixed-use 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 iv. healthy, local, and affordable food options, including through urban agriculture; 5 Page 240 of 355 Attachment "A" DSD -2023-514 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 stations 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 conceptual boundary for the Queen Street 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. These lands are within the Queen Street MTSA. The proposed development represents intensification and will help the City achieve density targets in the MTSA. The proposed designation and zoning will support a higher density housing option that will help make efficient use of existing infrastructure, parks, roads, trails and transit. Planning staff is of the opinion that the applications conform to the Growth Plan. Regional Official Plan (ROP): Urban Area policies of the ROP identify that the focus of the Region's future growth will be within the Urban Area. The subject lands are designated Built -Up Area in the ROP. The proposed development conforms to Section 2.F of the ROP as the proposed development supports the achievement of the minimum annual intensification targets within the delineated Built -Up Area. Growth is directed to the Built Up Area of the Region to make better use of infrastructure that can assist in transitioning the Region into an energy efficient, low carbon community. Furthermore, intensification within the Built -Up Area assists the gradual transition of existing neighbourhoods within the Region into 15 -minute neighbourhoods that are compact, well connected places that allow all people of all ages and abilities to access the needs for daily living within 15 minutes by walking, cycling or rolling. The subject lands are located in the Queen Street 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 Queen Street 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. 6 Page 241 of 355 Attachment "A" DSD -2023-514 The Region of Waterloo have indicated they have no objections to the proposed application (Attachment `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. 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 `Medium Density Commercial Residential' in the Cedar Hill Secondary Plan (Map 11) in the City of Kitchener Official Plan. The Medium Density Commercial Residential designation permits a variety of commercial and residential uses up to a maximum FSR (Floor Space Ratio) of 2.0. Page 242 of 355 Attachment "A" DSD -2023-514 The applicant is proposing to add a Special Policy Area to the Cedar Hill Secondary Plan to permit an increase in the FSR to 5.1. 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 ensure that certain conditions, studies or requirements related to a proposed Zoning By-law Amendment are met. A Holding Provision to ensure an Environmental Noise Study is implemented is being proposed. Neighbourhood Planning Review (NPR) The subject lands are within the Cedar Hill Neighbourhood Planning Review (NPR) area. A statutory public meeting was held on December 9, 2019 regarding draft amendments to the Cedar Hill Secondary plan. The NPR project within the Major Transit Station Areas (MTSA) has been incorporated into the City's Growing Together Planning framework expected to be presented to Council in early 2024. Urban Design Policies: The City's urban design policies are outlined in Section 11 of the City's OP. In the opinion of staff, the proposed development satisfies these policies including: Streetscape; Safety; Universal Design; Site Design; Building Design, and Massing and Scale Design. To address these policies, an Urban Design Brief was submitted and has been reviewed by City staff. The Urban Design Brief is acceptable and outlines the vision and principles guiding the site design and informs the proposed zoning regulations. Streetscape — The proposed tower portion of the building has been oriented to the corner of Benton Street and St. George Street to address the streetscape and provide a prominent treatment of the corner of the site. Ground floor glazing of the commercial unit and lobby area provides visual interest and activation at the pedestrian scale. Safety — As with all developments that go through site plan approval, staff will ensure Crime Prevention through Environmental Design (CPTED) principles are achieved and that the site meets emergency services policies. Lighting of underground parking areas is required to meet standards for safety and security. Universal Design — The development will be designed to comply with Accessibility for Ontarian's with Disabilities Act and the Ontario Building Code. Barrier Free parking will be provided at the ground floor with access to elevator for floors above. Site Design, Building Design, Massing and Scale — The proposed building is designed to be developed at a scale that is compatible with the existing and planned surroundings. Through feedback from the neighbourhood, the building design was changed to provide building material, color, and articulation that takes cues from the existing Cedar Hill neighbourhood. s Page 243 of 355 Attachment "A" DSD -2023-514 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 requirements outlined in the City of Kitchener Urban Design Manual. Tower Design The proposed 13 -storey tower is classified as a "Compact Slab" as the proposed tower floor plate is 617square metres in area. The tower placement has been oriented towards the corner of Benton Street and St. George with an 7 -storey podium articulation and building step backs at the 7th floor. The tower massing is broken up vertically by variation and the articulation of building materials and balconies. 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. The proposed development is expected to increase winds locally on Benton Street, and localized speed increases are most noticeable near the building corners. Mitigation measures and wind control features will be required through the site plan application. Tall Buildina Guidelines The proposed development has also been reviewed for compliance with the City's Design for Tall Buildings Guidelines. The objective of this document is to: achieve a positive relationship between high-rise buildings and their existing and planned context; create a built environment that respects and enhances the city's open space system, pedestrian and cyclist amenities and streetscapes; create human -scaled pedestrian -friendly streets, and attractive public spaces that contribute to livable, safe and healthy communities; • promote tall buildings that contribute to the view of the skyline and enhance orientation, wayfinding and the image of the city; promote development that responds to the physical environment, microclimate and the natural environment including four season design and sustainability; and, promote tall building design excellence to help create visually and functionally pleasing buildings of architectural significance. The proposed development concept has been reviewed with these objectives in mind. The North and West property lines face the street, so staff evaluated the South and East sides. City staff has confirmed that the proposed tower exceeds the offsite separation requirement on the South side and meets 80% compliance on the East side. The proposed development is acceptable for offsite separation distance requirements of the Design for Tall Building Guidelines. 9 Page 244 of 355 Attachment "A" DSD -2023-514 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 Queen Street ION station 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 dense residential 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 future site plan approval processes, 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, the applicant is proposing to provide secure, indoor bicycle storage to encourage active transportation. 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. Policy 4.C.1.12 states that the City favours a land use pattern which mixes and disperses a full range of housing types and styles both across the city as a whole and within neighbourhoods. The proposed development increases the range and supply of dwelling units available in the city, and is proposed in a primary intensification area. The development is contemplated to include one and two bedroom units in a high rise setting. This will provide additional housing choices and options in the Cedar Hill neighbourhood. SECTION 4 — THE AMENDMENT The City of Kitchener Official Plan (1994) is hereby amended as follows: a) Part 3, Section 13.3.4 Special Policies is amended by adding Special Policy 13.3.4.9 thereto as follows: 10 Page 245 of 355 Attachment "A" DSD -2023-514 19 9. Notwithstanding the Medium Density Commerical Residential land use designation and policies, applied to the lands located at 93-99 Benton Street and 39-43 St. George Street, the maximum Floor Space Ratio shall be 5.1. A Holding Provision shall be applied to residential uses and will not be removed through a by-law amendment until such time as the City of Kitchener is in receipt of an Noise Study and implementation measures have been reviewed and approved by the Region of Waterloo. b) Map No. 11 — Secondary Plan — Cedar Hill Neighbourhood Plan for Land Use is amended by designating the lands, municipally addressed as 93-99 Benton Street and 39-43 St. George Street, as `Medium Density Commerical Residential with Special Policy Area 9" instead of `Medico Density Commerical Residential', as shown on the attached Schedule `A'. 11 Page 246 of 355 APPENDIX 1 NOTICE OF'PUBLIC MEETING I for a development in your neighbourhood, 93-99 Benton Street and 39-43 St. George Street Concept DraMng Attachment "A" DSD -2023-428 Hlave Youir Voice Heard! Planning, & Strategic Initiatives Committee Date: Decernber 4, 2023 Location: Council Chambers, Kitchener City Hall 2,00, King Street West or'Virtual Zoom Meeting Go to kitchiener.ca/meefings and select: Current,-:igendlas and reports (posted 10 d ay s be fore me et� niF Appear as a delegation 0 Watch a rneeting Fo learn more abouttNs project, inclWling, inforimation on YOUr appeal rights.. visit:, it lr w.kitchener.ca/ 0 ww0 PlanningApplications or contact:, Y" Eric Schneider, Senior Planner 9219,11:'plf eruc,.sclhineider,(�j)k�tc�hener.ca a k i r r g S, p H s 519.,741.2200 x7843 The City of Kitchener MH consider applications for ars Official Pllan Amendment and a Zoning 3y-11aw Amendment to facifitate the redevelopment of the site. The exisfing two-storey multjpile residential dwelfings are proposed to be removed and a new 13 -storey mixed use building is proposer.. The proposed bUilding has FloorSpace Ratio Of 5.1, g1l'OUnd floo,ir commerciM space, and 99 dwellfing units on the Upper flooirs. A total) of 4 Iparking spaces are Iprolposed. 12 Page 247 of 355 Attachment "A" DSD -2023-428 APPENDIX 2 Minutes of the Meeting of Planning and Strategic Initiatives Committee — December 4, 2023 13 Page 248 of 355 Attachment "A" DSD -2023-428 APPENDIX 3 Minutes of the Meeting of City Council — December 11, 2023 14 Page 249 of 355 z z F `� Cn W r Z Q := c io LU a J J c6 _ i CO m w d d _ c cn N W m J co N N E L 00 T LL o F 1 U 0 co (L D a) � co L a O E (o M CY a LL Jz o a c cz 70 o U N Q o LL J O O Y _0 co o Q Q m 00=w N a E U E O a) w°• @ w0 ami � � 0 � N z Zz0p o cn N U c o (n >, o ami � Z < W OFa — o c� o Q CD D Z W L a H Z V= N �' o Q V Q �'c �'� a w W D m 0 E = � c° coC:C o m � Z O 2i Fn � Q m o 0 0 a� rn a) aa) 2) o aai o Q o a) o o LU a O = J J J 2 2 U Z m (n tl w Q L tY H E Q (; a • :::: is J J O C/)mz ��� miuuiuiu0g01 ,1'1 J111lI11�1l1 C:1 `'� Z w S� "M , , wmuomwmm J 1111 ."111"�'� � Ipl 11 1� r 11 LL Z O 111 11' LL O w N W y } •iYY • .�umm Y �° 111111�f.1:, o " wm ,• �,••w r" I.,U %fin �l-\f a f 4 Y; A w • .. , 1. I.1.�'.xm111 I N i i > LLJ H. m I Ili Iml ,A 11di, 1.1AI o w p O i N •11J� w C N w • Y T a► J w �A w N •, C7 Z w O CD A, ' — AL1 U) (Y) p o c+� oiimmi W m oiimpoiiiii 2 � u) Komi V rn U) o O Z muoiiimi PJ�� o mm Z C-) w Q�^mimimmi o DSD -2023-514 Attachment "B" 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 — Ideal Capital Limited — 93-99 Benton Street & 39-43 St. George Street) 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. Zoning Grid Schedule Number 85 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 Commercial Residential Two Zone (CR -2) with Special Regulation Provision 136R to Commercial Residential Two (CR -2) with Special Regulations Provisions 136R and 807R and Holding Provision (112H). 2. Appendix "D" of By-law 85-1 is hereby amended by adding Section 807R thereto as follows: "807R. Notwithstanding Sections 45.3.1 and 45.3.6 and Special Provision 136R of this By- law, within the lands zoned CR -2, 136R and shown as affected by this subsection on Zoning Grid Schedule Number 85 of Appendix `A', the following additional regulations shall apply: a) The maximum floor space ratio for all uses shall be 5.1. b) The maximum building height shall be 45 metres, and 13 storeys, not including rooftop mechanicals C) The minimum parking rate for dwelling units shall be 0.4 parking spaces per dwelling unit, inclusive of visitor parking. d) The minimum visitor parking rate shall be 12% of parking required for dwelling units. e) The minimum parking rate for non-residential uses located on the ground floor shall be 1 space per 60 square metres. f) The minimum front yard setback (St. George Street) shall be 1.5 metres. g) The minimum side yard abutting a street (Benton Street) shall be 0 metres. Page 251 of 355 DSD -2023-514 Attachment "B" h) The minimum rear yard setback shall be 7.5 metres for a portion of a building above 6 metres in building in height and 1.5 metres for a portion of a building below 6 metres in building height. i) The minimum street line stepback for tall buildings shall be 1.5 metres. j) Geothermal energy systems shall be prohibited." 3. Appendix F of By-law 85-1 is hereby amended by adding Section (112H) thereto as follows: I12H. Notwithstanding Section 45 of this By-law within the lands zoned Commercial Residential Two Zone (CR -2) with Special Regulation Provision 136R and shown as being affected by this subsection on Zoning Grid Schedule Number 85 of Appendix "A", no residential uses shall be permitted until such time as the following condition has been met and this holding provision has been removed by by-law: a) A detailed transportation (road) and stationary noise study has been completed and implementation measures recommended to the satisfaction of the Regional Municipality of Waterloo." 4. This By-law shall become effective only if Official Plan Amendment No. , 93-99 Benton Street and 39-43 St. George Street comes into effect, pursuant to Section 24(2) of The Planning Act, R.S.O. 1990, c. P. 13., as amended. PASSED at the Council Chambers in the City of Kitchener this day of 2023. Mayor Clerk Page 252 of 355 ?Z LU 0 N U H J r W an 0 CO W z00 O N Wo �Q m� �o z°� 0 Z U� a-ofN Zai LU W z W D z z O z N 0 IN IN w N W O z W W W z 3: > z z 0 OHH W O pU H H H H Q QLU Z W W W W W Z z D� O_ O_ O w (n WW O 0 O_ O U D W W Z LU z W 0 p z O 0) N z Q 00 LU m U L\ w o LLm m a m Wco cn 0 OW OQz _p 0000 Zw0IN HX X pZNNO W= � m Q a Df JLLJ Q� QQO� J- w w w w z Z � w F �� �� Ow W z-} W w z w IN w ZZ0>x_>C_�z U CO U) z ~ O 0000 O C7 ? ~ Q C�� C7�0 JJJJONU�pF-= z W 00N -U51 W Z IN N W12� C7 2 -- O Z W m O of w EQ Awa U U U C) Y J Q cWi� z zLu - W W o ¢_ ¢_ _Q Q Q Luco W W0X0 N Q M N Q La JU g J�U ¢ CK of ��0�>U=F-F �wwwwC)< (3 F- 2 � Z QQQ F -F -F -F -F- o -a zZzzz z �Z- O m Q O d C) LO Q ZQw LU LU LU w 00000 -?Wz OW N N O W Z<2N �� pN X0-0 fn2 COD �OOOO - g0 Q XO�W W = 00 IN nU(nCnCn 0 Q W W W W W C70o W Z �� H 0<<LL ww0 =U =00 J r N CO Lf) 0' W 2E U W U Z w NZ Mz W d 0 2 d OC O O WWCL2 Z2�� Lu Z Q r2w� O zz} U�QQ �' � 7N M Ln r N p m U U U U 0 0 W- 2N p p r N M In CO t` 6) 2N 2N CL O_ (L Of 2 OC Df Of p U NCn0Y LLJ Q C }' 0 CP z 0 cn O z tD w � ~ CC z LU U o U 00 N G Q Q > t4. -Of 1 1 J O cnw G I I Q ` -� /K W � IIIIIIIIIIIV � III It VIII I J 1 J � I M CI) 1 J J a - O 11j1111111j11j1'� r ti m 1Iitm O O WIW (D J Q J w > 1 w Cl) 1 CL LJ_ M Ci IIID"' O LL 0 eq U _zi 3L S8 3l � VVVVVW N IIIIIIIIIIIIIII ��b'b uuuullliiuiluuuuuuuuuuuW C/14 N� Illllllllpplllllllll � 00 N � O M r r �2 LA N II= Ln D Xc6 CD (D N CL M� � ti ti 2 IA Cl) u Ic � N ' N 1 � IIIIIIII 1111111 :.% N m r� N�� M1�� moo N �/ CSA ullllllllllllll IIS 7 _,1 2 w 0 0 C`) N O W N Lo� o W CD N � � Q r C:) W J W Q U Q 07 0 H U) w iD U � Z 0 W r 0 ()f F O ~ ce) Z z 0 M U) Q Z 04 04 0 ( ) F- C:) Z () w m M NOTICE OF PUBLIC MEETING for a development in your neighbourhood 93-99 Benton Street and 39-43 St. George Street Concept Drawing Have Your Voice Heard! Planning & Strategic Initiatives Committee lyy"4 I x e d, 1 J s e 1 3 St m e y s w.;,; 92 Il;3icyc.i.e II `a r g S ') a e Date: December 4, 2023 Location: Council Chambers, Kitchener City Hall 200, King Street West oV'irtual Zoom Fleeting Go to kitchener.ca/meetings and select: • Current agendas and reports (posted 10 days before meeting) • Appear as a delegation • Watch a meeting To learn more about this project, including information on your appeal rights, visit: www.kitchenenca/ PlanningApplications or contact: Eric Schneider, Senior Planner eric.schneider@ kitchener.ca 519.741.2200 x7843 The City of Kitchener will consider applications for an Official Plan Amendment and a Zoning By-law Amendment to facilitate the redevelopment of the site. The existing two-storey multiple residential dwellings are proposed to be removed and a new 13 -storey mixed use building is proposed. The proposed building has a Floor Space Ratio of 5.1, ground floor commercial space, and 99 dwellingD!�;gAn J*ApRqFrfAqq�. A total of 43 parking spaces are proposed. Good Afternoon Eric, The Waterloo Catholic District School Board has reviewed the subject application and based on our development circulation criteria have the following oomment(o)/conditinn(s): A) That any Education Development Charges shall be collected prior to the issuance of a building If you require any further information, please contact me by e-mail at Jordan.Neale(@wcdsb.ca. Thank you, Jordan Neale Planning Technician,VVCD5B 480 Dutton Dr, Waterloo, ON N3L4C6 Sl9-578-366Oext. 23G5 Page 255 of 355 TV7717.7rilpin Development Services Department wmkitchener.ca Date: July 24.2O23 To: Eric Schneider From: JaaonBn]|6 Subject: Zoning By-law Amendment and Official Plan Amendment Application Ideal Capital Limited 93-98 Banton Street and 39-43 St. George Street, Kitchener ZBA23/012/GVEG OPA23/008/B/E8 The below comments have been prepared through the review of the supplied Functional Servicing & SWM Report prepared by MTE Consultants Inc.; dated March 06, 2023 in support of the above noted applications circulated July 11.2O23. General Comments: Y. Engineering iainsupport ofthe applications. Any comments below can beused todirect detailed design. 2' Suggest having discussions with the Region of Waterloo for the service nannoxa|e in Benton Street due to their depth. Typical Region of Waterloo requirement is that they need Lnbemade all the way back fothe mains. Sanitary: 3, Proposed flows were verified in the City's model and indicate no impacts downstream of this development. 4. The City ofKitchener infiltration rate for sanitary is O.15 L/s/ho not the 0.25 Us/ha shown in the report. Further to that, all the Average Daily Flow design parameters are inconsistent with that ofthe City ofKitchener. Water (Angela [Wid( Kitchener Utilities): 5, Noissues for these applications. O For the site plan: the valve should be located on property line as it doesn't appear to be from the plan. |ishould beotapping valve otthe main eavvewill tap size onsize. Annore recent hydrant test should becompleted eethe one provided iafrom 2O1O. 7. Advisory comment: Any buildings over 84m tall require o second water service in accordance with Ontario Building Code section 3.2.9.7 (4). Storm and StunnvvaterManagement: 8. The report says that onsite infiltration isn't feasible due to building size and u/o parking. The plans show an area at the near of the site (east corner) outside the building and u/o perking envelope that should be explored for potential infiltration of some of the retention volume. 9. Note: GVVM fees with respect to retention or quality are assessed and calculated in the year inwhich they are tobepaid Page 256 of 355 Development Services Department www.kitchener.ca ..... ........... 10. A more thorough review of the site SWM will be conducted with detailed design. Jason BrOlk C.E.T. Engineering Technologist Page 257 of 355 Project Address: 93-99 Benton Street 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: August 14, 2023 Date of comments: August 14, 2023 L Plans Studies and(ar Reports submitted,and reviewed asp ofrvarvcam letervap lication: Sustainability Statement 93-99 Benton Street, MHBC, May 1, 2023 2. Comments & Issues: have reviewed the supporting documentation (as listed above) to support a OPA/ZBA application proposing a 12 -storey mixed use building containing 99 residential units on the existing subject property, 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. - The development proposes several sustainable measures including: o The compact and efficient design of an underutilized lands c) The use of existing servicing o Control measures to improve stormwater runoff quantity and quality +:° On-site secure bike parking promoting active transportation c, Building orientation for southern exposure reducing heating requirements o Cool/light coloured roofing material The use of low or no VOC paints and finishes to minimize air pollutants in interior materials o On-site waste management facilities The applicant should, in an updated Sustainability Statement, further clarify: 1 1:7age Page 258 of 355 c, Why the use of a water conservation system or alternative water supply system is not proposed for this development o Whether the building envelope (wall, roof, and window thermal performance) will be designed beyond OBC requirements Whether low -flush toilets will be considered o Whether the sustainable sourcing of construction and building materials will be considered 3. Conditions „mofmSite Plan a„pp„roval: To submit a revised Sustainability Statement to the satisfaction of the City's Director of Planning. Further, the approved sustainability measures recommended in the Sustainability Statement will be implemented in the landscape, stormwater management, and building design, to the satisfaction of the City's Manager of Development Review. 4,, Policies Standards and Resources: Kitchener Official Plan Policy 7.C.4.5. The City will encourage and support, where feasible and appropriate, alternative energy systems, renewable energy systems and district energy in accordance with Section 7.C.6 to accommodate current and projected needs of energy consumption. Kitchener Official Plan Policy 7.C.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. S, Advice: ➢ As part of the Kitchener Great Places Award program every several years there is a Sustainable Development category. Also, there are community-based programs to help with and celebrate and recognize businesses and sustainable development stewards (Regional Sustainability Initiative - http://www.sustainablewaterlooregion.ca/our-programs/regional-sustainability- initiative and Travel Wise - http://www.sustainablewaterlooregion.ca/our-programs/travelwise). IJ P a ge Page 259 of 355 Eric Schneider Senior Planner City of Kitchener 200 King Street West, 6th Floor P.O. Bax 1118, Kitchener, ON N2G 4G7 PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES Community Planning 150 Frederick Street 8th Floor Kitchener Ontario N213 4J3 Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4466 www.regionofwaterloo.ca Melissa Mohr 1-226-752-8622 File: D17/2/23005 C114/2/23009 August 14, 2023 ZoningRe: Proposed Officiat Plan Amendment OPA 23/08 and Amendment 93-99 Benton Street and 39-43 St. George Street MI5 Planning Inc.(C/OTrevor Hawkins*:,. Juliane von Westerholt) on behalf of Ideal Capital Limited (C/O CITY OF KITCHENER MHBC Planning has submitted a site-specific Official Plan Amendment and Zoning By- law Amendment Application for a development proposal at 93-99 Benton Street and 39- 42 St. George Street (referred to as subject lands) in the City of Kitchener. The applicant has proposed to develop the subject lands with a 12 -storey mixed-use building containing 99 dwelling units and approximately 53m2 of ground floor commercial space. A Floor Space Ratio of 5.3 is proposed and 52 at -grade parking spaces are proposed with 2 levels of underground parking on site. Vehicular access is proposed from both Benton and St. George Street. An amenity area is located at the south east corner of the site. The subject lands are located in the Urban Area and designated Built Up Area in the Regional Official Plan. The site is designated Medium Density Commercial Residential in the Cedar Hill Neighbourhood Secondary Plan in the City of Kitchener Official Plan and Document Number: 4455604 Version: 1 Page 260 of 355 zoned Commercial Residential Two (CR -2) Zone with Special Regulation 136R in the Zoning By-law. The Owner has requested an Official Plan Amendment to add a special policy to permit an FSR of 5.3 (whereas the maximum FSR is 2.0), a maximum density of 717.3 units/ha and a maximum height of 39.3 metres. The Applicant has requested a Zoning By-law Amendment to add special regulations to permit a reduced side yard abutting the street from 3.0m to 0.0m; a minimum front yard setback of 1.5m (whereas 3.0 is required); a minimum rear yard setback of 7.5m (whereas 19.6m is required); a maximum building height of 39.3m; a reduced parking rate of 0.5 spaces/unit including visitor parking (whereas 1.25 spaces/unit are required); reduced landscaped area from 10% to 0% and an FSR of 5.3 (whereas the maximum FSR is 2.0) The Region has had the opportunity to review the proposal and offers the following: Regional Comments Consistency with Provincial Legislation and Regional Official Plan Conformity The subject lands are designated "Urban Area" and "Built -Up Area" on Schedule 3a of the Regional Official Plan (ROP) and the site is designated Commercial in the City of Kitchener Official Plan. 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 25 of the ROP establishes policies to support the achievement of the minimum intensification targets within the delineated Built -Up Area. Growth is directed to the Built Up Area of the Region to make better use of infrastructure that can assist in transitioning the Region into an energy efficient, low carbon community. Furthermore, intensification within the Built -Up Area assists the gradual transition of existing neighbourhoods within the Region into 15 minute neighbourhoods that are compact, well connected places that allow all people of all ages and abilities to access the needs for daily living within 15 minutes by walking, cycling or rolling. M or Transit Station Area Policies: The subject lands are located in the Queen Station Major Transit Station Area (MTSA). The minimum density target within the Queen Station MTSA is 160 people and jobs/ha over the entire station area. Regional staff understand that this development exceeds 160 people and jobs per hectare and the development contributes to the achievement of the density target for the Queen Station MTSA. This development proposes a higher density development with apartment style housing, in proximity to transit and sidewalks along Benton Street and St. George Street and within walking distance to Queen Street South and Charles Street, where the Queen Document Number: 4455604 Version: 1 Page 261 of 355 Station is located. Higher density mixed use developments are encouraged within MTSAs through the policy framework contained in the ROP. In addition to the above planning comments, Regional staff have the following technical comments relating to the proposed Official Plan Amendment and Zoning By-law Amendment: Noise Studd Peer Review (Transportation and Stationary Noise}: The proposed residential development will be impacted by environmental noise from traffic on Benton Street (Regional Road 6) and stationary noise from stationary noise sources in the vicinity of the site as well as impacts from noise from the development on on-site sensitive receptors. To address this concern, the applicant is required to retain a consultant to undertake a detailed transportation and stationary noise study prepared to the satisfaction of the Regional Municipality of Waterloo. The Region requires a Holding Provision be implemented in the site-specific Zoning By-law Amendment to obtain the detailed Transportation and Stationary noise report. The required wording for the holding provision shall be: That a holding provision shall apply to the entirety of the subject lands until a satisfactory detailed transportation (road) and stationary noise study has been completed and implementation measures addressed to the satisfaction of the Regional Municipality of Waterloo. The detailed stationary noise study shall review stationary noise sources in the vicinity of the site, the potential impacts of noise (e.g. HVAC systems) on the on-site sensitive points of reception and the impacts of the development on adjacent noise sensitive uses. The noise level criteria and guidelines for the preparation of the transportation noise study are included in the Region of Waterloo Implementation Guideline for Noise Policies. Any requirement for the analysis of transportation noise impacts must comply with MECP NPC -300 Guidelines. The noise consultant must be pre -approved by the Region of Waterloo and is responsible for obtaining current information, applying professional expertise in performing calculations, making detailed and justified recommendations, submitting the Consultant Noise Study Declaration and Owner/Authorized Agent Statement along with a copy of the Environmental Noise study to the Region of Waterloo. Please note that there is currently a $500.00 fee for the preparation of traffic forecasts and review of Environmental Noise Studies by Region of Waterloo staff. The application for data can be found at: htt o1ftmow. Derm itce ntra 1. ca/Pe rm itQ rou DAD pl ? rgold=3 Document Number: 4455604 Version: I Page 262 of 355 In addition to the above, the noise study shall be reviewed by a third party external noise consultant retained by the Region. The applicant will be required pay for a third party review by an external Noise Consultant retained by the Region. The fee for this third party review is $4000 + HST ($4,520.00 total). Please submit payment for the third party review along with the submitted noise study. Additional fees may apply depending on scope of review required. Payment can be made either by cheque payable to the Region of Waterloo, or by contacting Ms. Peggy Walter (PWalterp_regionofwaterloo.ca) via other methods at the time of submission. Corridor Plannin Official Plan Amendment and Zoning By-law Amendment Stage: Functional Servicing and Stormwater Management.- The anagement.The report entitled "93-99 Benton Street Functional Servicing and Stormwater Management Report" dated March 6, 2023, prepared by MTE Consultants Inc. demonstrates how the proposed development can be serviced by local water and sanitary services as well as how stormwater will be managed. The report is acceptable at this stage (Official Plan Amendment and Zoning By-law Amendment stage) and the following shall be updated at the detailed design stage (site y stage): Functional Grading,mm Section 3.1 of the report indicates that the limits of the proposed building, underground parking garage, and surface parking lot extend to the property boundaries on all sides of the site, leaving minimal space to transition from existing grades into the site. Please confirm that that proposed building/parking structures along the Benton Street future property line will be offset a minimum of 0.15m from the future property after the road dedication. The land to be dedicated through the road widening shall be determined by an Ontario Land Surveyor (OLS) in consultation with the Region's Transportation Planner and shown on a draft R -Plan. In addition, please ensure no building elements/structures encroach into the Benton Street future right-of-way (above, at or below grade). Preliminary SWM Design: Section 4.1 of the report confirms that storm flows will be attenuated to the post development peak flows for 5 and 100 year storm events, which is acceptable, however in Section 3.2.5, it is anticipated that the new 300mm diameter storm service connection will have capacity of 48.27L/s, with the 5 -year controlled flow rate from the site being 23L/s with the proposed flow control roof drains. Please confirm that the storm flows Document Dumber: 4455604 Version: 1 Page 263 of 355 from the 5 to 100 year will be designed post to pre development flows at the site plan stage. Functional Servicin The report notes that all the OGS located at the northwest property corner will discharge into the municipal storm within St. George Street. There are no concerns with the stormwater servicing strategy at this stage, however Regional staff require the applicant to confirm that the downstream storm system is sufficient and adequate where the proposed connection leads to Benton Street at the site plan stage. Site Plan Application Requirements: Regional Road Dedication: Benton Street (RR# 06) has a designated road width of 26.213m in Schedule `A' of the Regional Official Plan. To ensure conformity with the Regional Official Plan, a road dedication of approximately 3.05m is required. In addition, the Region shall require a daylight triangle at the intersection of Benton Street and St. George Street of 7.62m x 7.62m along the new property line. The land dedications shall be accepted 'as is'; therefore, no environmental site assessment is required for the purpose of the land dedication. As indicated above, an Ontario Land Surveyor (OLS) is to determine the exact amount of land dedication in consultation with the Regional Transportation Planner. Once the draft R -Plan has been prepared, it must be sent to the Transportation Planner for review. Once deposited at the Land Registry Office, the deposited plan shall be sent to the Transportation Planning in pdf format the Transportation Planner for the Region's records. In addition to the above, the Owner shall be responsible for all costs associated with t141- lp,vi.0 i0e4icQtioii. Access Regulation As per the pre -submission consultation comments, please be advised that no vehicular access shall be permitted on Benton Street and all existing entrances on Benton Street shall be closed. An access closure permit shall be required for any existing vehicular entrance(s) and there is no fee for the access closure permit. Please update the concept plans accordingly. The application for the access closure can be found here: https://forms.re ionofwaterloo.ca/ePay/PDLS-Online-Payment-Forms/Commercial- Access- Perm it -App I ication The Transportation Master Plan (TMP) has identified the need for cycling facilities on Benton Street from Courtland Avenue to Weber Street and further ease on Frederick Document Number: 4455604 Version: 1 Page 264 of 355 Street. The cycling facilities will likely impact parking on one side of this site, however the designs and timing for this plan are not available at this time. Existing and Proposed Encroachments' - There are existing structures (e.g. retaining walls, walkways, stairs, railings, etc., which encroach into the Regional right-of-way. All the elements that encroach into the Region's right-of-way must be removed along with their foundations and the Regional road shall be restored to the Region's satisfaction. No encroachment of the building and structural elements shall be permitted above, at or below grade in the Benton Street right-of-way. Site Servicing/Work Permit/Municipal Consent., No direct servicing is proposed within the Benton Street right-of-way and the applicants are advised that Municipal Consent will be required for the installation of any new and update to/removal of the existing servicing connections. In addition, a Region of Waterloo Work Permit must be obtained from the Region of Waterloo prior to commencing construction within the Region's right-of-way. Please visit https:Hrmow.permitcentral.ca/ to obtain additional information and the work permit. Hydrogeology and Source Water Programs Please be advised that the Region does not support permanent active or passive dewatering controls for below -grade infrastructure (e.g. foundations, slabs, parking garages, footings, piles, elevator shafts, etc.); therefore, below -grade infrastructure requiring dry conditions must be waterproofed. Furthermore, Regional staff require a prohibition on geothermal energy to be written into the zoning by-law. The required wording for the prohibition is: Geothermal Wells are prohibited on site. A geothermal well is defined as a vertical well, borehole or pipe installation used for geothermal systems, ground -source heat pump systems, geo-exchange systems or earth energy systems for heating or cooling, - including open -loop and closed-loop vertical borehole systems. A geothermal well does not include a horizontal system where construction or excavation occurs to depths less than five meters unless the protective geologic layers overlaying a vulnerable aquifer have been removed through construction or excavation. In addition, please note that the implementation of the Salt Management Plan will be required through a future site plan application and Condominium Application should a condominium be proposed on site. .... ............. Document Number: 4455604 Version: 1 Page 265 of 355 Please be advised that if archaeological resources are discovered during development or site alteration, the applicant must immediately cease alteration/development and contact the Ministry of Heritage, Sport, Tourism and Culture Industries. If it is determined that additional investigation and report of 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. If human remains/or a grave site is discovered during development or site alteration of the subject property, the applicant must 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: 0 Regional Strategic Plan 0 10 -Year Housing and Homelessness Plan 0 Building Better Futures Framework 0 Region of Waterloo Official Plan 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 exDensive of: Housing for which the purchase price results in annual accommodation costs $385,500 which do not exceed 30 Dercent of cross Document Number: 4455604 Version: 1 Page 266 of 355 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 reaional 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 least expensive of - A unit for which the rent does not exceed 30 per cent of the gross annual $1,470 household income for low and moderate income renter households - — ---- . ............ ............................................. .. ............... . .................. A unit for which the__... $ rent is at or below the Bachelor: 950 average market rent (AMR) in the 1 -Bedroom: $1,134 regional market area 2 -Bedroom: $1,356 3 -Bedroom: $1,538 4+ Bedroom: $3,997 *Based on the most recent information available from the PPS Housing Tables (20iT� ............................... . .... .. ------- — ----------- In order for a rental unit to be deemed affordable, the average rent for the proposed units which have fewer than 3 bedrooms must be at or below the average market rent in the regional market area as shown above. For proposed units with three or more bedrooms, the average rent for the units must be below $1,470. Fees: Please be advised that the Region has yet to receive the Official Plan Amendment and Zoning By-law Amendment review fees totalling $10,000 (deposited July 13, 2023). Conclusions: Regional staff have no objection to the Official Plan Amendment and Zoning By-law Amendment subject to the implementation of the following within the site-specific Zoning By-law Amendment to the satisfaction of the Regional Municipality of Waterloo: 1. The implementation of a holding provision to obtain an Environmental Noise Study, including Transportation and Stationary Noise to the satisfaction of the Regional Municipality of Waterloo. The required wording for the Holding Provision is: That a holding provision shall apply to the entirety of the subject lands until a satisfactory detailed transportation (road) and stationary noise study has been Document Number: 4455604 Version: 1 Page 267 of 355 completed and implementation measures addressed to the satisfaction of the Regional Municipality of Waterloo. The detailed stationary noise study shall review stationary noise sources in the vicinity of the site, the potential impacts of noise (e.g. HVAC systems) on the on-site sensitive points of reception and the impacts of the development on adjacent noise sensitive uses. ME 2. That a geothermal prohibition be implemented within the site specific Zoning By-law. The required wording for the prohibition is: Geothermal Wells are prohibited on site. A geothermal well is defined as a vertical well, borehole or pipe installation used for geothermal systems, ground -source heat pump systems, geo-exchange systems or earth energy systems for heating or cooling; including open -loop and closed-loop vertical borehole systems. A geothermal well does not include a horizontal system where construction or excavation occurs to depths less than five meters unless the protective geologic layers overlaying a vulnerable aquifer have been removed through construction or excavation. Aext Steps: Please be advised that any future development on the lands subject to the above -noted application be Subject to provisions #Regional Development Charge M: 19- 037 or #thereof. Yours truly, Melissa Mohr, MCIP, RPP Senior Planner C MHBC Planning Inc. C/O Trevor Hawkins and Juliane von Westerholt (Applicant) Ideal Capital Limited C/O Daljeet Dhanesar (Owner) Document Number: 4455604 Version: 1 Page 268 of 355 Project Address: 93-99 Benton 9-43 St. George Street Comments Of: Heritage Planning Commanter'sName: VictohaGruhn Email: victoria.grohn@kitchener.ca Phone: 519-741-2200 ext. 7041 Date of Comments: September 7, 2023 Heritage Planning staff has reviewed the following material for the proposed development on the lands municipally addressed as93-99 Benton Street/39-43 St. George Street toprovide the comments outlined 0, Application form dated March ZOJ3; � Planning Justification Report prepared by K4HB[ Planning dated May 2023; � Urban Design Brief prepared byK4H8[Planning dated May 2O23;and Architectural package prepared by ABA Architects dated March 10, 2023. Heritage Status, The properties municipally addressed as 93-99Benton Stnaat/ 9-43St.George5tneet("subjec lands") do not contain any designated or listed heritage resources under the Ontario Heritage Act. However, the subject lands are inclose proximity tothree properties on Benton Street (79,83and 11Z)which are listed as non -designated properties on the City's Municipal Heritage Register and are kitty corner to the Victoria Park Area Heritage Conservation District (VPAHCD) (80 Benton Street) which is designated under Part of the Ontario Heritage Act. The subject lands are located within the Cedar Hill Neighbourhood Cultural Heritage Landscape (CHL) as identified in the 2014 Kitchener CHL Study. The City of Kitchener is undertaking a detailed review of the land use planning framework in the Cedar Hill Neighbourhood through its "Growing Together' project which is a continuation of work already completed through the Planning Around Rapid Transit Stations (PARTS) and Neighbourhood Planning Review (NPR) projects. This planning process includes consideration for the conservation of cultural heritage resources including attributes associated with the surrounding CHL and built heritage resources. ACity for Everyone Working Together — Growing Thoughtfully — Building Community Page 269 of 355 The Urban Design Brief will need to include how the proposed development conforms tnand/or is consistent with the existing Official Plan and proposed policies for the Cedar Hill Neighbourhood as well as the proposed area specific urban design guidelines for Schneider Creek & Cedar Hill. The architectural style, massing, scale, and materials ofthe proposed building should take visual cues from the Cedar Hill Neighbourhood, and this should be reflected inthe conceptual drawings and architectural renderings contained within the Urban Design Brief. Heritage Planning staff appreciate that the height and mass of the building is oriented toward Benton Street tocreate agreater separation from the low-rise residential properties along St. George Street, and that active uses are proposed to be incorporated along the ground floor of the development. However, additional consideration should be given for the corner, as this property is in an entrance view to the Cedar Hill Neighbourhood. Development in these locations should appropriately frame the intersection through building height setbacks and step backs. To create more visual interest at the intersection/entrance to the Cedar Hill Neighbourhood, the proposed development should consider the incorporation of a building podium with articulated step backs to achieve greater transition to the existing low rise residential uses. Herbage Planning staff strongly encourage that the materials used in the proposed development reflect the existing character of the Cedar Hill Neighbourhood CHL, including the incorporation of brick. Heritage Planning staff anticipate the following conditions to be included as part of the Site Plan process: A City for Everyone Working Together— Growing Thoughtfully — Building Community Page 270 of 355 City of Kitchener 11 • Change Official 1 Amendment YIY Comment Address: 93-99 Benton Street & 39-43 St. George Street Owner: Ideal Capital Limited Application: OPA23/008/B/ES and ZBA23/012/B/ES Comments Of: Parks and Cemeteries Commenter's Name: Lenore Ross Email: Lenore. ross@kitchener.ca Phone: 519-741-2200 ext 7427 Date of Comments: Aug 012023 O 1 plan to attend the meeting (questions/concerns/comments for discussion) 0 No meeting to be held 11 1 do NOT plan to attend the meeting (no concerns) 1. Documents Reviewed: I have reviewed the documentation noted below submitted in support of an OPA and ZBA to develop the subject lands with a 12 -storey mixed use building containing 99 dwelling units and approximately 53m' of ground floor commercial space. A Floor Space Ratio (FSR) of 5.0 is proposed. 52 parking spaces are proposed on the surface and within 2 underground parking levels. • Official Plan Amendment Application Form • Zoning By-law Amendment Application Form • Planning Justification Report • General Vegetation Overview • Architectural Package • Functional Site Grading and Servicing Plan • Existing Conditions Plan • Urban Design Brief • Wind Study 2, Site S ecific Comments &Issues. Parks and Cemeteries has no significant concerns with the proposed Official Plan and Zoning Bylaw amendments and can provide conditional support subject to the minor updates to submitted documents noted below. Parkland Dedication will be deferred at the OPA and ZBA applications and taken as cash in lieu of land as a condition of the required site plan application according to the Planning Act, Parkland Dedication Bylaw and Policy in effect. The site is within the Cedar Hill Planning Community and while this neighbourhood has been identified in Places and Spaces: An Open Space Strategy for Kitchener as well served with active neighbourhood park space, it is immediately adjacent to the City Commercial Core which is critically underserved with active park space and contains only micro -scale parketten. Although technically located in a well - served Planning Community, there will be increased pressures on all existing park facilities within A City for Everyone Working Together — Growing Thoughtfully — Building Community Page i1 of 355 City of Kitchener r one •Official Plan AmendmentComment walking distance, including Victoria Park, because of the proposed increase in residential density on this site. The provision of on-site amenities suitable to all ages, including children's play facilities, will be critical to this proposal. The proposed site plan includes an on-site amenity area, which is positive and the site design that is submitted for a formal site plan application should be revised to provide safe pedestrian access from the building to the outdoor amenity area. As part of the site plan application technical studies such as the full Wind Study and the Shadow analyses, should reflect and accommodate on-site amenity spaces. The Urban Design Brief should also be revised/updated to incorporate conceptual details and precedent images for on-site amenity space including commentary and precedent images to guide detailed site design through the site plan application. Robust active outdoor amenity spaces with good solar access and protection from wind will be required as part of the site plan and should include seating and play equipment for residents of all ages and abilities. A holding provision may be appropriate until such time as an acceptable UDB is received and approved. . 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 Pian (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 will be deferred at the Official Plan Amendment/Zoning By-law Amendment applications and assessed at a future Site Plan Application. Parkland dedication will be assessed based on the land use class(es), residential units and density approved through the OPA and ZBA and required as a condition of Site Plan Approval. Based on the proposed 99 units (credit for 11 units), a FSR of 5.0, a site area of 0.1386ha and using a land valuation of $19,768,000, and a More Homes Built Faster Act 10% cap, an estimated $273,984 in Parkland Dedication would be required. 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 A City for Everyone Working Together— Growing Thoughtfully — Building Community Page'2'72 of 355 City of Kitchener Zone Change / Official Plan Amendment Comment Form 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 geo'Z73 of 355 City of Kitchener am J_r 'Address: 93-99 Benton Street Application: O Email: Pegah.fahimian@kitchenecca Phone: 519-741-2200 Ext. 7342 Date ofComments: August 17, 2023 LJ | plan to attend the meeting (questions/concerns/comnnentsfor discussion) Z No meeting to be held [] | do NOT plan toattend the meeting (no concerns) I Documents Reviewed: * Architectural Drawings by ABA Architects Inc. * Shadow Study by ABA Architects Inc. * Urban Design Brief- MHBC, May 2023 * Wind Study - Pedestrian Level Wind- Boundary Layer Wind Tun 'ef.La66rato`�r`y, April 2023 2. !Zcific Comments & Issues: I have reviewed the updated/revised docu mentation "noted 1[9�that has been submitted to support an OPA and ZBA to develop the subject lands with a 127storey,mixed-use building containing 99 dwelling units and approximately 53M' of ground floor commercial space. A Floor Space Ratio (FSR) of 5.0 is proposed. 52 parking spaces are proposed q,�'thle,sOrface and within two underground parking levels. In order to permit the proposed developm'6n,,' t, an'Offic ial Plan Amendment to the 'Medium -Density Commercial Residential' designation in the C&Iar Hill Secondary Plan to add a site-specific policy area and Zoning By-law Amendment to add'a sit6'-spe"c'ific to the existing 'CR -2' zone is required. While the concept of residential in, tensifi6ation on this site is positive, and many previous staff comments have been incor'pp`b5rat6'd in'f6i the proposal, some design modifications must be addressed in the site plan application't'66' 6'reate a development proposal that is well-designed and appropriate for this site and neigh 3. Comments'ori Sub m", itted Documents [�re are ke" y', design considerations that must be addressed through a redesign of the site to create :m or' functional site for residents and ensure the project fits in the context of the neighbourhood, as < detailed below. The City's Tall Building Guidelines should beconsulted toinform the revised design ofthe site with respect tothe following: Tower design Podium characteristics A City for Everyone VVorkingTogether—GruwingThoughtfuUy—Bui|dingCommunity P M " • Urban Desi n Reort�,,MHBC Physical separation: The tall building design guidelines are an excellent compatibility test for proposals exceeding their zoning permissions. The proposal meets %80 of the separation target on the East side and exceeds the separation target on the South side. Podium Desi From the urban design standpoint and activation of the streetscape, we support having a podium at three or four storeys. The height of the podium should be proportional to the right-of-way width. The podium height is usually 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 through the site plan process. The building facades facing Benton and St George Street should contain an appropriate amount of detailing and articulation, particularly at the podium and tower. Consider adding further architectural expression to the street -facing elevations; explore options to maximize interest 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 Street, you may utilize different digital art on the curtain wall with enhanced lighting to provide further detailing and a distinguished design. City for Everyone Working Together -- Growing Thoughtfully — Building Community gage 275 of 355 City of Kitchener Zone Change Comment Form The proposed corner treatment will be further enhanced to create visual interest at the street edge. Tower Designj •, The tower should step back from its base a minimum of 3m along any street -facing elevations. • The proposed podium along Benton Street should be broken down using enhanced detailing and articulation. The tower should be situated in a location that makes an effort to maximize views from the adjacent properties and the streetscape. The proposal will benefit from additional setbacks/step-backs and shifts in volume to create enhanced views and stepped terraces. This will help transition to the adjacent neighborhood and benefit sky views, sun/shadow and microclimate. Please see attached precedent images. AnY 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. 9 The Urban Design Brief should include text and conceptual images that demonstrate the commitment 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 Page f2� 6 of 355 City of Kitchener Zone Change Comment treetsc The proposed surface parking and transformer along St. George Street are highly visible from the public realm and do not contribute positively to the streetscape. You may consider relocating the exposed surface parking to the underground parking and providing a landscape buffer around the proposed parking areas. ST GEORGE ST toy FT L X Z �. �m 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. Wind Study - Pedestrian Level Wind — Preliminary Impact Assessment. Boundary Layer Wind Tunnel Laboratory report A further quantitative wind study and a detailed wind tunnel analysis will be required as part of the full site plan application package. According to the submitted wind study, the proposed development can be expected to increase winds locally on the Benton Street side of the site and, to a lesser extent, through an area south of the site. The introduction of a taller building development within a relatively homogeneous building terrain can be expected to create localized speed increases, often most noticeable near the building corners. These local speedups are generally most influenced by the more frequent southwesterly through northwesterly winds. Mitigation measures that can help to reduce wind speeds are recommended in the submitted wind study. A revised design proposal that addresses the wind impacts outlined in the submitted wind study should be developed. A City for Everyone Working Together — Growing Thoughtfully — Building Community page 277 of 355 City of Kitchener Zone Change Comment Form Comments on Submitted Documents 4. Architectural Floor plans � 1.5m landscape buffer should be provided along property lines. Due to the location of surface parking, there is insufficient space to meet the requirement for the landscape buffer onthe south side. 0 Consider how best to create cornpaflilllty along benton and 51.. George Streiet to neighbouring buildings. * For tall buildings with retail or other acr az grade, providemr| (minimum) to permit a variety of retail types and activities. 0 The building facades fronting Benton and St George Street should contain alh a i amount of glazing and articulation, particularly along the lower 5m where the builcling,a8 11,5,'Ses the sidewalk. 0 The o qJ o parking structure n |o have n zsetback!( ,J�6frqh�e'property lines to accommodate the necessary soil volume to support required large,-�'t , atur� , d; high -canopy trees. 0 The location r residential and commercial garbage storag /drop-off area should be noted on the site plan. 0 The between the building's face and the � Provide natural surveillance by employing n/gn p s-orglazing, active uses at ground /eve/ d incorporating hs with windows and bslconi6s on the i facade ith views ontothe * The building 'sinterface anm relationshilpwetand adjacent properties should De thoroughly explored. * 3 -bed units are desirable as thelv-16" rovlicle'.Imb`�e living space for families. A higher percentage of these units might help with mmm nt. • Provide materiality and text,ur6`,,shiff "at the podium and across the towers and incorporate variations in tower set6ac'ksIJrqm `fhe base to distinguish the tower form from the podium. • Residential a �cl,co eanyidentified and offer access from both the public real I eparNnQside ofthe building. The proposed main entrance will be further enha evisual interest atthe street edge. (For example, cantilevered entrance canopy, corrugated -metal panels andfritted glass. 0the structure and provide private 6'6td'o116`r",,spa6e 'for the units. 0 | dons,indudingthenneternzomandtransfnrnnernoomtobeshownonthe(ayouL i|d ountedorground-basedACunitsshou|dbe|oca1edawayfoompub|irvievvandfuUy A City for Everyone Working Together — Growing Thoughtfully — Building Community PVag'00'2'78 of 355 City of Kitchener Application Type: Zoning By-law Amendment Application ZBA23/012/B/ES Official Plan Amendment Application OPA23/008/B/ES Project Address: 93-99 Benton Street & 39-43 St George Street Comments of: Transportation Services Commenter's Name: Dave Seller Email: dave.seller@kitchener.ca Phone: 519-741-2200 ext. 7369 Date of Comments: August 10, 2023 a. As part of a complete Zoning By-law amendment application, a Parking Study was submitted (February 2023) by Paradigm Transportation Solutions Limited in support of this OPA/ZBA application. Transportation Services offer the following comments. Development proposal The applicant is proposing a 12 -storey mixed-use building with 99 units and 110m' (1184ftz) of ground floor retail space. The site will operate with two full move access points, one along St. George Street for 18 surface parking spaces and the other along Benton Street (Regional Road 6) for 36 underground structured parking spaces, which equates to a total of 54 parking spaces. Of the 54 spaces, 5 (5%) are being allocated to visitor parking. Transportation Demand Management (TDM) analysis This development is well situated to take advantage of the existing alternative modes of transportation available in the area to reduce vehicle dependency. There are several Grand River Transit (GRT) routes and ION light rail that are less than 400m from this development. They include the following routes: 1, 3, 6, iXpress 204 and ION Queen Station. These routes offer connectivity to a broader transit network throughout the Region of Waterloo and within Kitchener itself. Some of these connections include malls, hospitals, Uptown Waterloo and universities/colleges. The walkability for pedestrians accessing the site and surrounding area is easily achieved, as sidewalks are provided on both sides of roadways in the surrounding area which provide connections to entertainment, employment commercial uses and GRT/ION routes. There are existing cycling opportunities in the area, as well as future cycling connections to the downtown cycling grid and the Iron Horse Trail. To encourage cycling and take advantage of the cycling opportunities in the area, the applicant is providing 99 Class A indoor secure bicycle parking spaces and 6 Class B outdoor bike parking spaces. 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 at Queen Street north of Courtland Avenue East. Page 279 of 355 The applicant is proposing to provide a total of 54 parking spaces for all uses (residential & commercial). The results ofthe zoning by-law analysis requirements inother municipalities, ITE rates and auto ownership resulted in an estimated residential parking demand range of 0 to70 spaces and the commercial demand is between 0 to 2 parking spaces. It should be noted that the upper range data collected for the residential use (auto ownership) was prior to the ION opening in June 2019 and there is an ION station less than 300m from this development. Should visitors choose to drive to this development and not find a parking space, there are three parking lots/parking garages located within 500m that offer daily and monthly parking options. Toassist with reducing vehicle dependency, parking spaces for this development 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 inthe unit. It should be noted that if this development were located on the other side of Benton Street, it would be afforded the future zoning by-law 2019-051 for an urban growth centre (UGC) parking minimum of zero. Conclusion Paradigms analysis spoke to convenient access to serval GIRT and ION routes, pedestrian walkability, secure bike parking, unbundled vehicle parking and City of Kitchener and Region of Waterloo policies to promote and encourage alternative modes of transportation. Therefore, based on the analysis, Transportation Services supports the proposed parking supply of54spaces. Dave Seller, C.E.T. Traffic Planning Analyst |Transportation Services | City ofKitchener 518-741-22OOext. 73G9|TTY 1-8SS-QGQ-A9Q4| Page 280 of 355 E,ric Schneider IV MI, sent. Wednesday, July 19, 2023 238 P,M T. Eric Schneider; ' Subject: Benton St George Develol,'.)rnent Attachments: ATT00013 `rhis, message is brought to you by "I"I"I"', ........... Eric Please send me whatever YOU have on the proposed development so l call make Comments before the meeting. Thanks Bob and Jill LJl Ror,.ERS TM Page 281 of 355 Eric Schneider From: Noel Belcourt Sent: Wednesday, July 19, 2023 2:53 PM To: Eric Schneider Subject: 99 Benton St Hi Eric You just called me but we got disconnected. Bob is out of the country but seems to be in full comms mode. Regards Noel Belcourt Page 282 of 355 Eric Schneider From: Avery Swinkels < Sent: Thursday, July 20, 2023 10:24 AM To: Eric Schneider Subject: Proposed Development: 93-99 Benton Street/39-43 St George Street Hi Eric, I would like to get in touch regarding this project. Many of the neighbours have questions and would like to find out more. I left you a voicemail but thought I should reach out via email in case you are working remotely. Please let me know when you are available to chat. My phone number is I look forward to speaking with you. Thanks in advance, Avery Avery Swinkels Page 283 of 355 Eric Schneider From: Crumbreon Sent: Monday, July 24, 2023 8:02 PM To: Eric Schneider Subject: Opposition to application for development on 93-99 Benton/39-43 St George Street I Greetings, As previously discussed. I am following up our earlier conversation with my vehement opposition of the proposed application to develop the property I currently reside in. I am a resident of 99 Benton St, Kitchener. I have been in this property for 10+ years. I live in this residence with two roommates, both of whom are unable to afford "market price" rent, and I share living with them at a cost so they can afford to live. One is on disability, one is on Ontario Works, and I am employed full time. Together we comfortably live in a reasonably priced townhouse, one of many similar stories of the residents that live in these units. We share the property as a whole, both the Benton units and St. George units with families with young children, single -income households who are struggling to support but can do so because we have been here long enough to avoid the recent spikes in rent our region has seen. Each unit is fully inhabited. There are a dozen families at *least* that live in these units, and approving such an application would be grossly irresponsible, inhumane and displace several families, many of whom are struggling as -is. We have not received ANY word from the building's ownership, or property management of this callous application. We have received no discussion about compensation, we have received no notification that this may be something that was being considered. We were all blindsided by the notice the city had placed on our fence and yard, that this application existed. We to this day have received ZERO communication from our landlord, property manager or owner of the building. It is grossly understating that this is a frustrating situation, and I implore you, just as I've reach out to the Mayor and Ward Councilor, you cannot allow this application to move ahead. There are far more suitable locations that could be developed - we have a vacant lot that's been empty for 6+ years directly next to us that could MORE than accommodate the space quoted. We lack affordable housing and this city is in a crisis. One of the few options we had near us, burned down just a year ago, on the corner opposite us on Benton/St. George. The dozen residents there who were struggling, were promised a rebuild and that never came. We are poised to lose MORE affordable housing, and DISPLACE several families, adding to an already critical issue our city is facing. With so many areas in just OUR VICINITY that are empty, half -vacant unused parking lots and the like - again, if there is a need to "infill", there are FAR MORE SUITABLE locations that would not displace ANYONE. Far more suitable locations that would be a GAIN, rather than a detriment, and it would allow us to keep our homes and preserve vital affordable housing, protected by rent control. Page 284 of 355 I once again state I am VEHEMENTLY AGAINST this application, and urge you and anyone reading this to consider the impact this will have. Destroying and uprooting the lives of the people living here for absolutely no reason. I chose to make Kitchener my home. I work in Waterloo, I commute an hour by public transit and have a well -paying job that I'm certain I could find a place closer out of the city I call home, however - this IS my home. I shouldn't have to be forced out of it, and shouldn't be forced to watch as several who aren't as fortunate as I am, be left questioning where they're going to sleep at night. This application will disrupt families, and tear people apart. Considering the lack of respect, lack of care and dignity myself as well as the other residents of these units have been afforded, there truly is only one correct path here, and that is to stop this application and do not destroy our homes. Thank you for your time. - Cress Claveau Tenant of 99 Benton Street, Kitchener Page 285 of 355 From,. Allan HendricksorI-Grade <, Sent: 1"hursday, h,fly 27, 2023 2:41 PM To: Eric Schneider Subject: Application for Development, Benton and St. George Street I wasn't sure who to contact abOUt this but someone has taped a sign/message over the notice for development (photo below), I'm assuming that the city doesn't want the sign covered LIP. Katherine Hendrickson (Neighbour) Sent from my Wad Page 286 of 355 Eric Schneider From: Max Besco Sent: Friday, July 28, 2023 11:25 AM To: Mayor, mike.morrice@parl.gc.ca; Eric Schneider Subject: Furthermore on Local Development Hello, We could really use your support in protecting our property. Us as well as the majority of the individuals that live amongst these buildings (39 St. George Street, Kitchener) are low income families/ couples; that were lucky enough to find these places to begin with given the housing/ rental market, as well as overall cost of living within KW. The development group planning to proceed with a 12 story high rise multi -use building did not address the tenants living within these buildings - we woke up with the signs on our property It is hard especially for myself as well as my girlfriend to even sleep at night knowing the possibility of this, considering beforehand we spent months renting out Airbnb's trying to look for an affordable place (places) to live. The city cannot keep ripping down every piece of history/character it has. Our building alongside the one next to us have recently been redone for renting at an affordable price. Over the last four months that we have lived here, we have felt welcomed by friendly neighbours (and their lovely funny children), gotten to enjoy the joy / community aspect of downtown Kitchener and really made this old style apartment our home Scenarios and plans such as this are driving the numbers of homelessness in our community. Within 800 metres distance there are 46 apartments/ condo style buildings that are consistently unfilled, due to the fact that individuals such as ourselves can't afford them. Developments that are claiming to 'build community' are destroying such in the process. As opposed to focusing on increasing an already ever-growing area, the city should be driven to resolve the issues resulting from these rapid changes. Shifting these focuses towards resulting issues such as homelessness, the decrease of community and city trust with individuals living within it; as well as the grand issue of unaffordable housing This area does not necessarily need developments that are focused on young professional lifestyles, we need developments that can prioritize and support factors affecting our communities. Page 287 of 355 There is no demand for luxury apartments in downtown Kitchener, what we need is affordable housing. It is sad to think that we have to consider critical and socially conscious efforts such as a collective rent strike, ongoing attempts to raise awareness, and spending our days focussing on informing people and trying to get them on board. Signs are a small first step, the exposure onto social media was the next one, we could really use enhanced/united support moving forward. Somebody in a popular KW Facebook group (Weird Sh*t You see in Waterloo Region, https://www.facebool<.com/groups/waterlooregion/permalink/6246704908782133/) had posted the development signs with another sign taped on top asking individuals to plead to City of Kitchener. This post has quite a lot of people outraged/ disappointed in this given plan and decision; and caused over a hundred reactions so far. Alongside the link posted above, here are two crucial examples of importance within the given community. Thankyou again for your time and considerations -Max Besco and Elizabeth Lesperance z Page 288 of 355 Eric Schneider From: adam eschweiler Sent: Monday, July 31, 2023 1:50 PM To: Eric Schneider Subject: 93-99 Benton Street I Hi Eric, I wanted to write to you about the 93-99 Benton St development proposal. I live across the street and I was very sad to hear about the news of the proposal for demolishing the existing building and subsequently forcing the lower income residents out of their homes. I really think that this needs to be denied as there are many other blank slots of land that could be developed on to meet the housing crisis in our area. It is really sad seeing the note outside (attached at the end) and really speaks to how scared these residents are. I am hoping the right thing will be done and this proposal be denied i Thank you and I would appreciate a response on the matter. Adam Page 289 of 355 Eric Schneider From: Phoenix Arm -Horn < Sent: Tuesday, August 1, 2023 10:19 AM To: Eric Schneider Subject: Development on Benton and St. George [yk https://aka.ms/LearnAboutSenderldentification j As someone who lives on St. George st, I vehemently do not want to see these buildings destroyed only to be replaced by a high-rise. There have been so many of these structures erected in the city within the last few years, and though developers claim to be building communities, they do the exact opposite, tearing them down without notice to the respected tenants. Scenarios like this only drive and contribute to the rising number of homeless individuals in this city and the tri -city area. The majority of people that live amongst these buildings are low income and have had trouble finding affordable housing to begin with, to displace them now and erect another high-rise in the area will be a huge hit on the community and the people that actually live in this neighbourhood. Phoenix Arn-Horn Page 290 of 355 Eric Schneider From. Katherine Bitzer Sent- Saturday, August 12, 2023 10:54 AM To: Eric Schneider Cc: Debbie Chapman Subject- Fwd: 913-99 Benton Street and 39-43 St. George Street Please confirm receipt- thank You! Sent from Outlook for Android Frorn: Katherine Bitzer 0 Sent: Saturday, August 12, 2023 1.0:48:37 a.m. To,: Debbie Chapman <Debbie.Claapriian@kitch:ei,ier.ca> Subject:, 93-99, Benton Street and 3943 St. George Street I live next door to the proposed development. My family, in fact, has owned & lived on this property since the late 1800's. 11 have chosen to live and work in downtown Kitchener, raise my family here and have invested significantly into this community and my neighbourhood over the years, My family Ihas worked hard to preserve built heritage resources and green space, inl downtown Kitchener, I have grave concerns about the proposed development at the corner of Benton & St George streets., - families, live in the existing buildings that are going to be torn down in favour of ,a tower with 1 and 2 bedroorn units; where will these families go? We are all aware of the affordable housing crisis and the challenges it presents to people. - will any of the proposed units be affordable? ]'his is the kind of housing that we need. Not more profit -driven units,. - has any consideration been given to the, environmental impact of tearing down existing bt.,fflclings and building a 12 - story (presurnably concrete) tower'? Will it be a net -zero build? We are all aware of the need to reduice our cat -bon footprint, particularly in the construction industry .1 the design and height of the proposed building is completely out Of character with the existing neighbourhood. "Hiere is no transition from the proposed 12 -story tower to the neighbouring houses. How does this make sense as a so-called 'gateway' to the neighbourhood? - the density of the build is far too great for the corner of a quiet one-way street -the resulting increased traffic from 99 units on this corner Would bring major safety concerns - especially in the winter - St. George is a quiet one-way street. To avoid traffic congestion on St George & at the corner of Benton Street & within the neighbourhood, the main entrance to any building should be off of Benton Street and the entrance to the surface parking (particularly the loading baiy9) should also be off of Benton St -insufficient parking for the proposed nurnber Of Units wflI cause parking/traffic headaches, on St George St and beyond. - insufficient green space for the proposed number of tenants -how can a reduction in set -back from the street be justified?? - the demolition of the existing brick builldings, (for a tower build} further contributes to the loss of Mtcherier's, character and cultural heritage, and willl have al detrimental effect on the remaining built heritage resources on Benton Street. For the case of 83 Benton Street - it was the homy* of Conrad ffitzer, mayor of Berlin at the turn of the century, - the impacts of constructing a 12 -story tower (with underground parking) will be significant for nearby neighbours and their homes; how Would these be mitigated? - and finally, there would be a significant loss, of sun, sky and privacy for my family, and a major increase in light and noise POHLA11011. Page 291 of 355 May family has already Ibeen directly and negatively impacted by poorly thought-out land use decisions: land was expropriated from us to widen Benton Street as part of a 'failed plan by the city to push IN Street through. Now there, is opportunity to think creatively about the overall function and look of Fenton Street - an artery that leads into downtown Kitchener. Not a jungle of towers, concrete against concrete, but more densely built townhouses & low-rise buildings, offering a diversity of unit sizes,, perhaps some retail, and a boulevard from Courtland to Church that Would calm traffic and increase green space,. Please consider the character of the neighbourhood, the people who live here and who will live here. This is not the right location for the type of development that has been proposed, Thank you, Katherine ffitzer Sent from Outlook for Android Page 292 of 355 From: Chris Thiele Sent: Saturday, August 12, 2023 2:42 PM To: Eric Schneider; Debbie Chaprnain Subject- Re: 93d..9 enton Street Development Fli Eric, I apologize for the delay in getting back to you - thanks for the Update. Vn interested in what the applicant has to say at the Aug/29 meeting. I'll do my best to listen in NITO Firom: Erk Schneider <Ei-ic.SchneiderCu),l<itchener.ca> Sent: August 4, 2023 11:13 AM To: 'Chris "I'hiele'. 6ie Chapman <Debbie. Chiapniai,ii@,I<itcliener.ca> Subject: RE: 93-99 Benton street Development Hello Chris, Yes, I have also heard directly frorn tenants who live on the subject lands as they have reached out to me by ernail and phone. l have contacted the applicant to ask about the plan for current tenants. I have not heard back as of right now, but I have been told there will be more information ready in th"rie for the neighbourhood meeting at the end of the month (Aug 29). In regards to the request for the on street construction parking, I will pass your comments along to my colleague in 'Transportation Services that will be reviewing this application and will work with the applicant on the permits. Thanks for your comments. Fric Schneider, (11CIP, RPP Senior Planner I I"h11rflrqy Division I C.ity ofl<ilchener (5, 19) 741 -2200 (-xt 7841 a '1"I "r' 11-866-969-9994 1 !aJc..,s(!hneW,k,'�'.r che"ner�(""a . ..... ........ . . ... . .... J�'t&q----- From: Chris Thiele Sent: T'hu'rsday, August 3, 2023 7':46 PM To: Eric Schneider <Eric.Sclineider@kitchetier.ca>; Debbie Chapman <DebbJe.Chapman@1: ltchenerxa> Subject: Re: 93-99 Benton Street Development You doift aften get eniaO from christhieWRAve,coni, Learn, why thi.,nt Lis J rDIIQL�a Hi Eric, I appreciate you taking the tirne to respond to my questions,, It means a lot to have people in positions like yours, that want to listen and plan with, the residents of the city Page 293 of 355 The bigger item to address is the note posted on the development sign on the lot now, (saw it as I was walking down the street today) - see attached, 11 think we all need to know that either: 1- The people affected by this bUillding, are relocated to an area with similar rent prices, square footage, access, to the city, etc,, or 2. They are guaranteed a spot within this, new residence for the same rental fees (obviously the interim while the building is being done needs to be figured out) The last thing we need in this housing crisis is to evict more individuals that are significantly at -risk of becoming homeless due to unfair circumstances. As for the parking- will permits also be generated for on -street constrUcfion parking? May I request that vehicles only be parked in front of 82 St. George Street if absolutely necessary as it has, become an issue getting out of our place of residence with the bigger vehicles parked in that spot (we have a shared lane that exits onto the streel) =I NIM From: Eric Schneider <Eric.Schi,ie,ider@kitcfierier.ca> Sent: August 3, 2023 11:13 AIVI To: Debbie Chapman <Debbie.Cliaman @kitclierier.ca>; Chris Thiele > Suibject: RE: 93-99 Benton Street Development Hi Chris, thank you for providing comments on this development applicationi. I can confirm your comments have been received and will be included in the public record. In regards to why on this site, why not the vacant site next door: Both sites are private property and the City does not have control over which property owners submit applications for redevelopment. In, all likelihood the vacant site next door will be developed at sorne point, but that is a different property ownerthat will have a different developrnen't proposal. Neither the City, nor the owner of the SUbject, lands who is the applicant for this proposal has, authority to propose development on the vacant site next door, only that property owner could. Hopefully that answers why the development isr)'t being built into that area. In regards to construction traffic: Legal access to properties will not be blocked as a result of construction traffic. Major clevelopment applications, permits to be obtained from our Transportation Services Division, that assess what the needs are for the develOpMent and ensures adequate movement throughout the neighbourhood is maintained. The applicant is required to provide several plans and dOCUrnents to ensure this occurs, such as • Traffic Control Plan • Resident Notification Letters • Parking Management Plan • Work Plan/Schedule • Access Permit • Certificate of Insurance • Road Occupancy/Work Permit 1 -hat is unfortunate that you will be unable to attend the virtual neighbourhood meeting. In terms of a summary, a recording of the r-neeting will be available on the City's web -site S-7 days after the rneeting at kitcliet'iet°.ca/plant,iiiigapplicatioris or, litt2.s�,,�eZperieri-ce-�.air,�,,is,coiriiLclxpe�r,ielcej 6J,bdO43209c1f16d16a3ced C _p — — 3-- --- - _ _t�kj4U.g N-1. Let me know if YOU have any other questions, Regards Page 294 of 355 F�ric Schneider-, MCIP, Rill" Svnini- Planner � PLinning Divisk,)n I City (AlKitch enel- (S19) 7� 1-2200 ext 7843 1 'I"FY 1-866-969-999I- 1 eri ',scl icidcr( �4)kitchener . ca .... . .... Z- � —I- - -- '. – - — – From: Debb,ie Chapman <Debbie.Chaprr_ian kitcliener,cp Sent: Wednesday, August 2, 2023 9: 5 PMI @ To; Chris Thiele Eric Schneider <Eric.Schneidera kitchener.ca> Subject: Re: 93-99 Benton Street Development Hi Chris, Thank you for your feedback, it is much appreciated. I will let Eric, the City planner respond to your questions. You, will he added to a mailing list and notified of any future meetings. Councillor, Ward 9 1 City of Kitchener 0: S19-741-22010 ext. 2798 C-1 226-752-7104 Debbi e,Cha�1�,.0 tutu heer,ca a oi ikib iU ,XN IN 0 CLIStorners can now conniect with the City of Kitchener anytime by calling the 241'7 Corporate Contact C e nitre at 519 -741 -2345 From: Claris Thiele Date: Wednesday, August 2, 2023 at 7:58 PM To: Eric Schneider <Eric,Schneider@_I �tchqiner.ca> Cc: Debbie Chapman <DebbJq.CJ,-iLaprnan c kitchener.ca> Subject: 93-99 Benton Street Development You don't often get eirwil fro q .±is is important K Eric, As per the pamphlet that was left in my mail,, I have some feedback for this development 1 personally think that developing downtown to have higher capacity housing is important to the longevity of the city. Obviously, infinute suburban sprawl isn't effective (using Toronto as an example, and growing Up in Mississauga), Why is this being built over existing housing?, "["here is literally an empty plot of land next to these townhouse style homes that is likely zoned for a high rise as such To my last point: why isn't the development being built into that zone at all:? There is currently construction going on down the road on Peter street (I live at 82 St George St. as reference) - that road is completely blocked off which would normally be fine. However, since the city has made many of the streets in the area one way, it is gettingi exceedingly difficult to get out of the neighborhood. Will there be blockages anywhere on St George street that may make it legicMy impossible for anyone who lives oin the street to get home? To my last point, will construction vehicles be parking on our street? Parking for guests is very limited where I live, and I WOUid hate to, see all of those spots be taken up by large construction equipment on, the daily. Not to mention, our shared lane makes it nearly impossible to get Out of when a literal dump truck is parked on the curb in front of the entrance to it Page 295 of 355 may not be able to attend the event, so if I could get a summary of questions/answers from that meeting - that would be g reat. Best, Chris. Page 296 of 355 From Sent: To. Cc: Subject: Attachments: Dear IEric Schenider, Avery Swnkels A irn> Sunday, August '13, 2023 11:34 AM Eric Schneider Debbie Chapfi'ian Proposed Development: 39- 43 St, George/93-99 Benton Street Proposed Development 39- 43 St. George_93 99 Benton Street (2).pdf Learn Eh y thLijs ImRartant We are wdtingi to you regarding the proposed development at 39-43 St, George Street and 93-99 Benton Street. We feel there are a number Of !sues to be addressed to he]p make, the development fit in with the neighbourhood and positively impact both neighbours and residents of the development. We understand that this developt-rient is going to happen and we are not resisting that. We hope that Our concerns will be heard and that we can work together, Please see attached document. Thank you for your time, Kind Regards, Cedar I -IM Neighbourhood Group Page 297 of 355 c 0 td 5 -0 cn 0 0 CL ." 0 c " a), L O CO 0 U) "arr ata 0. �m aAJ U) 0 -0 E u) OD xalb Lu E u,) ,C C: 0 L_ (V w 0) CL ,C WYE 0 0 cu 0 U) 0) cu m _0 -0 0 .c -he cl) _j ru 0 c: x CL 0 t: 0 0 a 0 ) arr 4' 0 a) 0 0 -0 m E I m 'no 0 -0 3: c c a) 0 C: OL� a) b -0, 0 g 05 - a- . — " — t < m (U m z C) M m .— -0 , — 0-0 U a) m 0 -0 0) > DL -0 r_ c aly a) 0 1p - a) > M -0 .. a (D U) ata L. a a) z o cow— M c m , E 0, —0 C: -,Xu) 0 (n 0 a) (u, (1) 0 m S (n 0) 0 c 0 ati' m C) CL S -M =_ W �, (n (1) o CL a) cu U) -C z ran_ C: cu :D -0 Q) ca f2 0.)O)o cu c: co 0 0 0 C: 0 0 (D m cy) 0 0 (D 0) 0 + U) 0 0 0) C cu C: a) 0 E 0 U) (D E c) 'D E -id a) 0) 0 _ U (n 12 E_ a) " 0 0) 2 S 0 (o a) 0 cu COLO C) CD 0 C) ro— 3, C: m — tn M 0 X ­ U 0) Of 0 1-0 Cq "a aak o 0 2 E 0 Z, W 0 0 > c 0 td 5 -0 cn 0 0 CL ." 0 c " a), L O CO 0 U) "arr ata 0. �m aAJ U) 0 -0 E u) OD xalb Lu E u,) ,C a) m w 0) CL ,C WYE 0 0 cu U) CL 0 x CL 0 cu E a _0 a) a) 0 a) E E CL _0 0 -0 3: �a) 0 0 C: OL� a) b -0, a)= 4- (n > M 0 "'a 0-0 U uA a) c 0 a) L) .. a (D U) C) 70 a a a) z o U) 0 ) M c E) Tj 0, M 0 (1) Q) 0 0 " (n 0) 0 m C) CL S -M =_ W �, (n (1) o �j 4� z (j I 0 cu U) c 0 0 U) a) 0 0) .0 M 0 (1) Q) 'a Ol _T_ —0 co 0 C: 0 U) 0 0 _0 CL U) 0�qq U)a) E 34 0) c aak 0 Caa3 a E 0 0 0 W V) 0) (n In (D LL 2� Ll (U 4) M In M V) > 0 cc W 0- 0 0 (D 0 0ri W Z ash A> LO LO co 0 0 0 co m D _ � � %%/ a) 3 20 U) 03: CU � / \ / U) § / ° @ @ c 5 CL &)m2 k / § •/ � @ % 7 » k( - n/ U) : oE® c E •� @ m .§ E C e 2'> o 0 0 ° 0B§�\U) & I s e.§ 3 0 0 E � / E 0 / 0 E k / \ / 0� 5 § / § / k�/ c % § § \ \ 0) 5 0 § E 29 §c/ @ E k 2 £ c CU E f / 2 / 2 n / w mn >� /$0q2 / f§ g5 �E Co �- n CL 0 _r a) \ 0- m @ E = E =-0 c\ 0- � @7 2 •� .a o @y$> 2/oW_0 3 0 0 E \ � LO LO co 0 0 0 co m D _ � Frorn: Nowell Relatos , Sent: Monday, August 14, evz,, o:28 AM To: Eric Schneider Subject- 93 Benton St. Proposed rezoning You don't often get email from qI'L� i5Lt�w tant I hope this email finds your well. My family and I reside in one of the townhouse units I am writing to let you know that we are not in, favor of the rezoning of this area. The proposal will displace, several farridies, ata time when housing arid rental prices in the Region are skyrocketing. Most of the families who Hve here are a stories throw away from homelessness. If these townhouses will be gone they won't be able to afford current rental rates. This proposal will only add the the problem of homelessness and housing insecurity in the Region. Thank you. Nowell IRelatos Page 301 of 355 Eric Schneider From: Jim Gorham Sent: Thursday, August 24, 2023 11:00 AM To: Eric Schneider Subject: 39-43 St. George I was reading the ratio of units, to cars vs bikes. 99 units, 52 car parking spots and 94 bike spots. Clearly the city would like to see more bike usage, which I agree with. I think there was a similar ratio of bikes spots to units in the proposed new building on Courtland just past Benton heading toward Stirling. In addition the fairly new rental building by Auburn called the Bow has a large number of bike spots My question/ concern is the condition of Benton Street for bike use. See attached photo. Also what I can not understand is why the Region come and remove the old asphalt and replace it on one lane, when in fact that lane was the best of all of them. Was there a drawing mix up (see other photo) Do you know if there are plans to do something about Benton? Page 302 of 355 Page 303 of 355 Page 304 of 355 Jim Gorham Page 305 of 355 From: Crurnbreon Sent.- Friday, A august 2 S, 2012 3 x:10 PM To: Eric Schneider Slubject: Re: Opposition to application for development on 9 Benton/39-43 St George Street You don't often get erTIOJI froth jALiy this Is imp oq, q I arm planning on attending yes, thank you It's Unfortunate because the ownership/developers have lied to our property managernent saying they have "no plans" on developing. It's very shady, considering the sarne compainy had no issues giving'I'lle Record their full plans in a news article, I could rneet after work on Monday, but I work Until 6p,rn so I don't know if that would work for you. 1 appreciate the f0l[OW Up though. On Fri, Aug 25, 2023 at 6:01 PM Eric Schneider <Eric.Scl,ii,ieidlerCLDkitclietieu-.ca> wrote: EM JUSt wanted to check in with YOU agaiin on this. I'he virtual neighbour -hood meeting is next week on Tuesday. I have been in contact with the applicant i iregards to their plan for current tenants but have been given slim information so far. I ani continuing to dig and ask for rnore info. Let me ]<now if you want to rneet on site on Monday (28"') to djSCUSS anything in advance of the neighbourhood meeting. I could corne to the site, in the afternoon that day, F'ric Sc1incider, JICIP, 11.11P sv,nior Pl:lruler I Plarmitig Divisi(m � City cdKiwherier ' (519) 741-2200 exi 7843 1 TTY 1-866-969-9994- . . ... .......... helimcd 0 0,11411 CD 17 0 0 C ""'I From: Crumbreon Sent: Moriclay, July /,4, zuz,3 :02 PM Page 306 of 355 To. Eric Schneider <Eric.Schneicleflcitcherer.ca> Subject: Opposition to application for development on 93-99 Benton/39-43 St George Street You don't often get ern ail from, AdAl 11LS 'IS 'IMLOV4:,Jflt _L L _ �__ _ Greetings, As previously discussed. I am following up our earlier conversation with my vehement opposition of tile proposed application to develop the property I currently reside in I arn a resident of 9, Benton St, Kitchener. I have been in this property for 104 years. I live in this iresidence with two roommates, both of whom are unable to afford "r-narket price" rent, and I share living with them at a cost so they can afford to live. One is on disability, one is on Ontario Works,, and I am employed full tIrne. Together we comfortably live in a reasonably priced townhouse, one of rnany similar stories of the residents that live in these units, We share the property as a whole, both the, Benton units and St. George units with families with YOUng, children, single-incorne households who are struggling to Support but can do so because we have been here long enough to avoid the recent spikes in, rent our region, has seen. Each unit is fully inhabited, 'There are a dozen farnikes at *least* that live in these units, andl approving such an application would be grossly irresponsible, inhumane and displace several families, niany of whom are struggling as -is. We have not received ANY word from the building's, ownership, or property management of this callous application. We have received no discussion about compensation, we have received no notification that this may be something that was being considered. We were all blincisided by the notice the city had placed on our fence and yard, that this application existed. We, to this day have received ZERO communication frorn our landlord, property manager or owner of the building. It is, grossly understating that this is a frustrating situation, and I iniplore you, just as I've reach Out to the Mayor and Ward Councilor, you cannot allow this application to move ahead. There are far more suitable locations that Could be developed -eve have a vacant lot that's been empty for 6+ years directly next to us that could MORE than accommodate the space quoted. Page 307 of 355 We lack affordable housing and this city is in a crisis. One of the few options we had near us, burned down just a year ago, on the corner opposite us on Benton/St. George. The dozen residents there who were struggling, were promised a rebuild and that never came. We are poised to lose MORE affordable housing, and DISPLACE several families, adding to an already critical issue our city is facing. With so many areas in just OUR VICINITY that are empty, half -vacant unused parking lots and the like - again, if there is a need to "infill", there are FAR MORE SUITABLE locations that would not displace ANYONE. Far more suitable locations that would be a GAIN, rather than a detriment, and it would allow us to keep our homes and preserve vital affordable housing, protected by rent control. I once again state I am VEHEMENTLY AGAINST this application, and urge you and anyone reading this to consider the impact this will have. Destroying and uprooting the lives of the people living here for absolutely no reason. I chose to make Kitchener my home. I work in Waterloo, I commute an hour by public transit and have a well -paying job that I'm certain I could find a place closer out of the city I call home, however - this IS my home. I shouldn't have to be forced out of it, and shouldn't be forced to watch as several who aren't as fortunate as I am, be left questioning where they're going to sleep at night. This application will disrupt families, and tear people apart. Considering the lack of respect, lack of care and dignity myself as well as the other residents of these units have been afforded, there truly is only one correct path here, and that is to stop this application and do not destroy our homes. Thank you for your time. - Cress Claveau Tenant of 99 Benton Street, Kitchener Page 308 of 355 W From-, Katie Pita Sent: Monday, August 28, 2023 1 2;55 PM To: Eric Schneider Subject: Application for Development 93-99 Benton and 39-43 St George please reject is You don't often get email from Itjnis My name is Katie Pita, and I am a resident on St George Street. I recently came, across the public posting of an application for developnient at the corner of Benton and:, St George St, and would like to share with you my thoughts. I endeavour that you reject this application. FIN? Current LOW1111OUse/apartrnents in that area are lived in by people who would be displaced from their homes during construction and would likely be unable to return by the tirne construction is complete, which is a huge disturbance to their lives and wellbeing. Furthermore, this Would dilisrUpt the community that lives and plays along St. George Street, St, George iS C011-IrnOt'l for walking traffic, especially families with young children and elderly people. There are common community events that start just past the intersection of Benton arid St. George, with street art along the telephone poles arid neighbOUrhood/street festival's thl-OUgh0Ut the Summertime months. This construction would be highly disrupting to these neighbourhood events and would interrupt community growth, St. George is also a one-way street. Blocking or interrupting traffic flow at the beginning of the street for the sake of construction would be incredibly frustrating and annoying. There is TIO guarantee that the Current level of foot traffic and COrrimunity engagement would be maintained after such a long period of disturbance to the neighbourhood by construction. There is no indication in the application that this housing would be for a variety of inconie levels, inclining me to think that tinits, in this building will be highly expensive, likely Unaffordable, for most people living in KW. This will make the neighbourhood increasingly unaffordable as well, and will continue to drive hornelessness in the region. I would also like to point out that the current buildings, at that address are very bright, COIOUrful, and beautiful. They are a wonderful cornerstone of the neighbOUrhoocl! and to see them taken down for a fancy new grey condo building would be, frankly, the worst. There are many other sites throughout downtown Kitchener that have buildings that are unoccupied, or burned down (two lots on St. George St. in fact!) or parking lots that could be SUriken underground to make way for housing — these are the places, that should be proposed to be developed, not places where people already live, and especially riot in one of the few spots in, the city that is still affordable housing, where families are living in community. Thanks very much for your consideration. Cheers, Katie Pita, M.F.C., Hon, B.Sc. (she/her) P,hD Candidate, School of Environment, Resources, and Sustainability SERS Councilor, Graduate Student Association University of Waterloo, Page 309 of 355 From: Seth Onward Sent: Monday, August 28, 2023 4:27 PM To: Eric Schneider Subject: 93-99 Benton Street and 39-43 St. George Street Ymi dorft often: get ernaH frorr, Le it h is i �—a raAf-1 Y --i Hi there, I was taking a walk and noticed a sign indicating that there is a development application for 913-99 Benton Street and 39- 43 St. George Street, and as I live nearby I wanted to weigh in as the sign suggested, I am strongly opposed to building any more luxury condo buildings in Kitchener, especially downtown where renters are already being squeezed Out by investors who are rapidly gentrifying my neighbourhood and rendering working people unable to live where we work. Condos do not provide the kind of housing stock that is desperately needed in this city, and indeed do not provide nearly as many units as, their floor plans might Suggest because so many Units are deliberately Dept empty or used as AirBnBs. I live directly next to a condo tower that was recently finished, and the majority of units in this tower are empty while the unhoused population of this city swells. AS for the rninority of people who aictuallly live in their condos, they are wealthy enough to find other places, to live and can afford to commute if necessary. Me and the people in my building cannot. Building more condos will only continue to line the, pockets of wealthy real estate speculators at the expense of working people as the downtown becomes merely a playground for the affluent rather than a, living community. It seems particularly egregious to demolish relatively affordable townhouses in favour of building more condos directly across the street from a recently finished luxury condo building. By approving this development plan, you would only be hurting the people who live downtown by denying LIS housing we cart afford, You would be benefitting the portfolios of the wealthy investors and developers who have created this housingcrisis. As a planner for the city, you have some n-reasuire of power to oppose thils trend and help fight against the housing crisis that has rendered my friends, family, and neighbours homeless, forced to move far outside the city, or endure unsafe and illegal living conditions. Instead of more luxury condos, I believe that development in downtown Kitchener (and indeed the entire region) should prioritize truly affordable and social housing. By this I mean housing that is econornical to build, functional, well connected to public transit, strictly rent -controlled, and actually affordable to someone making the minimurn wage. By social housing, I (and many experts) Would prefer housing that is given to the unhoused for free with no strings attached as part of a housing first strategy, heavily interconnected with other social services, and funded by taxes on the wealthy corporations that make Kitchener their headquarters. I'm no civil engineer, but I believe that whatever form development takes, it should prioritize first the poorest arnong LIS and secondly the great bull< of working people that make this city function. I know I'm just one voice and I don,"t have any money to back up my argument, but the gentrification Of rVy neighbourhood causes me a great deal of grief and I like to put my thoughts on the record, for whatever they are worth. We have enough luxury high-r-ises catering to the 'investors and the upper middle class. Please don't build any more of it in my neighbourhood. Instead, use the opportunity to give the ordinary people of this city a break and help build us somewhere we can afford to live. Thanks for reading, =I im Page 310 of 355 From - Sent: To: WM=l Crurnbreon Tuesday, August 29, 2023,9:35 PM Eric Schneider Re: Opposition to application for clevellopment on 93,99 Benton/39-43 St George Street You don't often get email fron Learn why this k, imipartant I arm beyond disturbed with your comments on the meeting today. YOU consider the addition of 100 units, potentially 2 years frorn now, is going to do anything at all 'to resolve the current rental' gouging emergency this region is facing is an acceptable answer? The fact that FAMILIES are entering the region to 100 new OSE BEDROOM UNIFI"S, 70 ONE BEDROOM UNITS, that are going to be the size of one of my current rooms in my current living space. How that is somehow going to drop rental prices in the region? How a one bedroorrr in this new proposed structure, will be excessively expensive, compared to the required cap of 1500$ affordable 3 bedroorn housing, is somehow a "net gain"? It's despicable that those words came out of your MOUth. The fact that you, and the city staff, are bulldozing these ideas over the concerns of citizens - when you are not at all addressing the actual issue, and instead using this cash -grab as an excuse to exacerbate and contribute to a growing (-miergency shows that neither you, nor anyone at City Hall, is qualified to hold the responsibility you currently have. May whatever God you pray to, have mercy on you. On Mori, Aug 28, 2023 at 3.00 PM Crumbreon SO U rid s good thank yo u wrote: On Mort, Aug 28, 2023, 2:001 p.m. Eric Schneider <Ei-ic.Schr'ieider.alkitchen erc4i> wrote. Flello, Sorry I cannot make it tonight, but I Willl see you at the Neighbourhood Meeting, After the rneeting, we can meet in the next two weeks sornetime. I can make another evening, work. Fric, Schricidlet-, 110P, RPP scillas, Planner I Planning I)ivision I 01y ol'Kilchener (W)) 741 2200 cxt '7843 1 TTY J-866-969-9994 I er j c I sch n ej der(ti¢ kitc I)e rier, ca Page 311 of 355 I You don't often get eniaH frorn 1 Hello, Braclen Cok 'Fue,sday, August 29, 20l23 '11:04 PM Eric Schneider Planning questions Learn why this is lmirjlortant I was attending the meeting about 93-99 Benton this evening.. A bunch of people raised a bunch of questions about evictions. I'm personally not facing eviction, but I have some questions, about how the process works. It seems odd that it's so easy to evict people. There are existing laws preventing evictions. How did these people, slip thru the protections? 1. The cut can't evict the campers in e ncanipme tits an Roos Island, or Weber St, or wherever - Unless alternate housing is found. I realize that that's public vs private land, but it's still weird that the difference is so stark. Could the city pass laws that put a similar burden on private developers? SUire, adding more bLjr(:len WOUld slow new construction, but not having this responsibility .seems to me to be the more extreme stance. 2, Renovictions are illegal'. Right? Even in privately owned properties, tenants still have rights against being evicted by greedy landlords. Tearing down a building and constructing a whole new one might seem different than a renovation, but on the other hand, no it's not. Why are these people not entitled to the standard 'YOU can come back when the work is complete AND for the same prilce BUT we won't give you a firm date, which will suck for a while, but hey it's not all bad"? 3. OK, an optimistic one. I have a plan for solving the housing crisis. We evict *everyone*. There would be so Rauch roorn for new housing' We could' re -house, all the evicted people! Or is, eviction not a good idea for everyone? Is, eviction strictly limited to poor people? That sucks. Oln a semi-serious note, why are we so quick to evict these people, but so slow to play the erninent domain card? Evictions always suck,, but kicking 10+ families out of their housing seems less harsh than kicking 2 or 3 families out of very sparse housing? Eminent domain would require that the people getting kicked out be compensated. Is there nothing similar here? 4. Where's the missing rnaddle? So much of Eastern Europe is 6-8 stories. The USA is covered in 5 over 1s. All the mediurn density stuff near here seems to be in Cambridge. Where's Ours? I understand You'll pay +50% per area for apartt"nents compared to simpler smaller wood frant-iled stuff, but where are the townhouses? Viva Towns down the street is the only example around here I can think of. That seerris like a really good development! (Assuming they eventually add back all the trees they ripped out of the iron Ihorse trail). It's weird to hear that 1. We're building way snore apartments than anyone wants on Lancaster behind' a 1"irnmy's 2. We're building lots of high rises around downtown 3. Also, for SlOrnel reason, we're budding 26 single family homes in Hidden Valley? 1--lidden Valley would be such a perfect spot for sorne world class row houses. Also, that "master planned community" on Milli street could use some more variety in terns of *cough* gentle density— Actually nevermind, I'll stay on topic. My rnicrophone, like everyorie's, was on mute during that meeting. This means y'all didn't hear me call buIlshit when the developer responded to "why are there so many .I® and 2 bdr, but no 3-bdr" by saying "families have changing Page 312 of 355 priorities." I don't understand the private market well enough to understand why nobody's building 3bdr. On one hand, not every building has to solve every problem. But... Some multi -unit -dwellings should be 3+bdr. I'm sure families will continue to want the stuff suburbia offers - more interior space, more bedrooms, more outdoor space. Strong Towns is showing people how the old model is unsustainable. Ok fine, let's move away from that model. But what model are we replacing it with? Whether it's literally New Urbanism or something else, it seems like Kitchener came up with a new and improved solution for how to build 1/2bdr, but the questions for how to build anything beyond that have gone unanswered. Families that need more space are left out of whatever Kitchener is becoming. Is it a requirement that a successful city has to stomp on less fortunate people? That does seem to be the story of most of North America, but I like to believe it doesn't have to be. Do these people have _any_ protections? Sure, the developer mentioned they may pay last month's rent, but that seems to be a rather insulting drop in the bucket. I think I'll leave it there for now. That meeting was sad. Hopefully the rest of your evening is more pleasant. Page 313 of 355 U From - S e jnt: To: You don't often get ernad fron", Good morning, Eric, Marlene123 de G root - Maggetti Wednesday, August 30, 2023 8:44 AM Eric Schneider Benton/St. George application Lean, w I �s i:s rnp.2aamt Thanks again for the opportunity to comment about the proposed changes to a bylaw to allow for development at Benton and St. George Streets, I raised a question during the Open Discussion time of the meeting, comparing one-bedroorn vs, affordable three- bedroorni units. 'T'he answer I got g,ave interesting information about the Comparative cost of renting these units, But I was wondering about the demand for these units. How nIUCh, demand is there for rnarket-value one-bedroorn units, compared to demand for affordable three-bedroorn, units? Do you, have a sense as to how these compare? As you can tell, tray concern is for the tenants in the present units who rnight be dispia:ced if the city allows a bylaw change. Are we adding to the most pressing problern by going ahead? A related question has, to do, with, process. Juliane VonWesterhof mentioned a willingness to ""dialogue with residents." What form can that take? Thanks for your time! Marlene cleGroot- Maggetti (using Greg's device for the Zoom meeting) Page 314 of 355 S O E6 �,i1P�umlu���llll�ll�o' �r�oz�oN���ad .............................................................. 9L 01"£bOL LO OOS I • Lo Nbld �lIS Illlllll — LO o, . of . worn N M co a z �77!l111!/1111/11111/ — — — illl!l11/!!llll!lllll I ,/l„Ills/ l 1711/lI//1111/1111/ll 2-- / z / wm W K � � / lu!lluslluu//! l ✓ `~`� � !/I /!!1�l!!lll!l1.11/lc w9,6 !!F Sly U -------- _ _ o w / Q N I z 2 —� hzW �o x _ / w / ozz z o - - / �4E LU �l11!!ll!!!� 1!1//!f!l� f m _ 0 3NIl�/.la3d�ad N 14 0 No U 4.Om U u.l OcL 1 z m Q / z w w w ozz ryiaXlQi o w Z h —'- I J zE m , ❑ b/ � z8� mr Z w9h� 3NIl ALY3d021d N� i O 0 J LL / w OS l—-6lOZ l9Z — to _-- U S aE'A 3OIS INI'NI'1 6 tldN l� OF JV 13- per/. Ily///A F III wOL9 w u z _ ti m N I �z i ru � pgZ'I w N i w d O P,o E zi E � / � E r / wSfiS ❑ = X �a wosl o / m / F o a z OW w95Z z — N / 0 z o vA CL w 01'9 3 m /Jv� a dN/so6/gziaz o — / 28 98 m 7 62 038VOSUNVI _ 41�Nalai AMMOS ONOJ Y3 Z u U '1S NOIN]9 i///11/1117//!I//11!//17//1//11//11717111/l/11/771/llliNllillll/lllllll711//lll///17///I//1//777//11/l1/1/77!/� / z 0 / Staff Report l IKgc.;i' r� R Development Services Department www.kitchener.ca REPORT TO: Planning and Strategic Initiatives Committee DATE OF MEETING: December 4, 2023 SUBMITTED BY: Rosa Bustamante, Director of Planning, 519-741-2200 ext. 7319 PREPARED BY: Garett Stevenson, Manager of Development Review, 519-741-2200 ext. 7070 WARD(S) INVOLVED: All DATE OF REPORT: November 14, 2023 REPORT NO.: DSD -2023-503 SUBJECT: Annual Zoning By-law Update Zoning By-law Amendment ZBA23/036/K/GS City-wide Amendments to Zoning By-laws 85-1 and 2019-051 RECOMMENDATION: That City -initiated amendment ZBA23/036/K/GS (Annual Zoning By-law Update) to Zoning By- law 85-1, be approved in the form shown in the `Proposed By-law' attached to Report DSD - 2023 -503 as Appendix "A", and further, That City -initiated amendment ZBA23/036/K/GS (Annual Zoning By-law Update) to Zoning By- law 2019-051, be approved in the form shown in the `Proposed By-law' attached to Report DSD -2023-503 as Appendix "B". REPORT HIGHLIGHTS: • The purpose of this report is to provide a planning recommendation on minor and technical changes to Zoning By-law 85-1 and 2019-051 as part of an annual review and update. • There are no financial implications with this report. • Community engagement included publishing notice of the statutory public meeting in the Record newspaper on November 17, 2023. • This report supports the delivery of core services. BACKGROUND: Amendments to Zoning By-laws 85-1 and 2019-051 are proposed in order to improve administration and provide clarification in certain areas of the By-laws. A number of minor changes have been identified through the daily use of the By-laws by various City staff which form the basis for the update at this time. These changes are minor and technical do not impact the overall intent of the Zoning By-laws or any specific zone. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 316 of 355 REPORT: The City's Zoning By-laws are a regulatory tool that implements the objectives and policies of the Official Plan. The Zoning By-laws contains provisions that regulate the use, size, height, density and location of buildings on lands within the city along with other matters such as parking. The proposed amendments will enable staff, the community, and development industry to more consistently use and interpret regulations in the Zoning By-laws. Planning Act, R.S.O. 1990, c. P.13 25 Section 34(1) of the Planning Act provides authority for Council of the City of Kitchener to pass a Zoning By-law. Section 34(10) permits the Council of the City of Kitchener to amend an approved zoning by-law. Region of Waterloo Official Plan Regional Official Plan policy 10.E.7 requires Area Municipalities, including the City of Kitchener, to bring our zoning bylaws into conformity with the policies of the Regional Official Plan. The amendments proposed to Zoning By-laws 85-1 and 2019-051 are minor and technical and not meant to be a full conformity exercise. Full implementation of the Regional Official Plan will occur through future Official Plan amendments (part of the Official Plan review) and related zoning by-law amendments. City of Kitchener Official Plan In accordance with Policy 17.E.12.1, the City's Zoning By-laws will be used to regulate the use of land and the location and use of buildings and structures in accordance with the provisions of the Planning Act in order to ensure the orderly development of the city and contribute to and maintain community character. City Council will consider all applications to amend the Zoning By-law and will provide notice of such applications and public meetings in accordance with the provisions and regulations of the Planning Act and alternative notice procedures contained in Section 17.E.3 of this Plan. Policy 17.E.3.5 requires that notification of a public meeting for the adoption of a Zoning By- law Amendments, as required by the Planning Act, will be given to the public, and prescribed persons and public bodies at least 10 days prior to the date of the meeting and the notice will be given in accordance with the applicable requirements of the Planning Act. Notice was provided on November 17, 2023, 16 days (11 business days) in advance of the statutory public meeting. City of Kitchener Zoning By-laws The last time an annual amendment to the Zoning By-law was approved by Council was in 2018. Since that time, changes have been made to both zoning by-laws to permit accessory dwelling units, to implement Provincial legislation, to implement City -initiated planning studies, and to approve Zoning By-law 2019-051 (CRoZBy) in phases. Zoning By-law 85-1 — Proposed Amendments Zoning By-law 85-1 will be amended with the following changes. The new text is shown in bold text. Section 2.1.4 Failure to Com To ensure consistency with the Municipal Act, as amended from time to time, it is recommended that any actions as necessary to effect compliance with the Zoning By-law reference the Municipal Act, rather than provide specific language in the Zoning By-law. Section 2.1.4 is replaced in its entirety with the following: Page 317 of 355 2.1.4 Failure to Comply Where a person fails to comply with the provisions of sections 5.13, 5.6A2, 6.1, 6.3, 6.4, 6.5 and 40.2.5, 41.2.5, 42.2.5, 43.2.2, 44.3.5, 45.3.5, 46.3 and 47.2.2 of this by-law, the City may take such actions as necessary to effect compliance with those provisions at the person's expense, in accordance with section 446 of the Municipal Act. Section 4 — Definition of Artisan's Establishment Change the definition to align with Zoning By-law 2019-051 and add additional language as bolded below: Artisan's Establishment — means the use of a premises for the making, study, or instruction of a performing or visual art; or the workplace of an artisan such as a painter, sculptor, photographer, dressmaker, houseware/craft maker (including candles, soap, textiles, or similar household items) or tailor. Artisan's establishment shall not include an adult sex film theatre. Amend Section 5.5 Accessory Buildinas The Building Code has been amended and a permit is no longer required for buildings up to 15 square metres in size. Section 5.5 is amended to replace previous size of 9.9 square metres to 15.0 square metres in sections 5.5.2.a), 5.5.2.c), and 5.5.2.d). Amend Section 5.6.1 Steps and Access Ramps Below grade steps are required to have a setback of 0.5m to the side property line to ensure that a swale can be provided in the interior side yard for basement steps to accommodate drainage. Amend regulation 5.61.b) as bolded below: b) steps and access ramps that do not exceed 0.6 metres above grade, at grade, or below grade, may be located within a side yard provided they are setback 0.5 metres form the closest property line. Section 5.13 — Home Business Parking Regulation Permit tandem parking in cases where there is one non-resident employee and no customers, by amending section 5.13.1) j) as bolded below. j) If the home business does not have a non-resident employee, or if the home business has one non-resident employee and is conducted in such a manner as to not attract customers, then the required parking space for the home business, non-resident employee, and/or dwelling unit may be arranged in tandem. Add Section 5.34 - Reduction In Reaulations Resultina From Parkland Dedication For sites under development that provide land to the City of Kitchener as part of the required parkland dedication, a new section is proposed to ensure the post -dedication parcel remains in compliance with the Zoning By-law. The following section is proposed. 5.34 Reduction In Regulations Resulting From Parkland Page 318 of 355 1. If the dedication of land, to the City of Kitchener, for the purpose of parkland dedication results in non-compliance with regulations existing on the date of the transfer of ownership, for lot area, floor space ratio, lot width or yards, a building or use shall be deemed to complywith such regulations only in the circumstances where a building or use is proposed to be developed in strict accordance with an approved site plan, which required the conveyance of land for parkland dedication; provided that no greater benefit shall be obtained than that which could be obtained based on the zoning in effect on the date of such land dedication. 2. If the dedication of land to satisfy parkland dedication requirements results in non-compliance with regulations not listed in 5.34.1 and existing on the date of the land transfer, the non-compliance with those regulations shall be deemed to comply where the building or use legally existed on the date of the land transfer. Zoning By-law 2019-051 — Proposed Amendments Zoning By-law 2019-051 will be amended with the following changes. The new text is shown in bold text. Add Section 1.11 Failure to Com To ensure consistency with the Municipal Act, as amended from time to time, it is recommended that any actions as necessary to effect compliance with the Zoning By-law reference the Municipal Act, rather than provide specific language in the Zoning By-law. Section 1.11 is added as following: 1.11 Failure to Comply Where a person fails to comply with the provisions of sections 4.7, 4.14.9, and 4.15.8 of this by-law, the City may take such actions as necessary to effect compliance with those provisions at the person's expense, in accordance with section 446 of the Municipal Act. Section 3 — Definition of Artisan's Establishment Change the definition as bolded below: Artisan's Establishment — means the use of a premises for the making, study, or instruction of a performing or visual art; or the workplace of an artisan such as a painter, sculptor, photographer, dressmaker, houseware/craft maker (including candles, soap, textiles, or similar household items) or tailor. Artisan's establishment shall not include an adult sex film theatre. Amend Section 4.1 Accessory Buildings The Building Code has been amended and a permit is no longer required for buildings up to 15 square metres in size. Section 4.1 is amended to replace previous size of 10 square metres to 15.0 square metres in section 4.1.b). Page 319 of 355 Amend Section 4.14.10 Steps and Access Ramps Below grade steps are required to have a setback of 0.5m to the side property line to ensure that a swale can be provided in the interior side yard for basement steps to accommodate drainage. Amend regulation 4.14.10.a) as bolded below: a) Steps and access ramps that do not exceed 0.6 metres above ground level, at grade, or below grade, may be located within any yard side yard provided they are setback 0.5 metres form the closest property line. Add Section 4.20 - Reduction In Regulations Resulting From Parkland Dedication For sites under development that provide land to the City of Kitchener as part of the required parkland dedication, a new section is proposed to ensure the post -dedication parcel remains in compliance with the Zoning By-law. The following section is proposed. 4.20 REDUCTION IN REGULATIONS RESULTING FROM PARKLAND If the dedication of land, to the City of Kitchener, for the purpose of parkland dedication results in non-compliance with regulations existing on the date of the transfer of ownership, for lot area, floor space ratio, lot width or yards, a building or use shall be deemed to comply with such regulations only in the circumstances where a building or use is proposed to be developed in strict accordance with an approved site plan, which required the conveyance of land for parkland dedication; provided that no greater benefit shall be obtained than that which could be obtained based on the zoning in effect on the date of such land dedication. 2. If the dedication of land to satisfy parkland dedication requirements results in non-compliance with regulations not listed in 5.34.1 and existing on the date of the land transfer, the non-compliance with those regulations shall be deemed to comply where the building or use legally existed on the date of the land transfer. Add Section 4.21 - Reduction In Regulations Resulting From Street Widening For sites under development that provide land to the City of Kitchener for the purpose of a road widening, a new section is proposed to ensure the post -dedication parcel remains in compliance with the Zoning By-law. The following section is proposed. 4.21 REDUCTIONS IN REGULATIONS RESULTING FROM STREET WIDENING a. If the acquisition of land, by registration on title on or after the date of the passing of this by-law, to widen a street or to provide a corner visibility triangle results in non-compliance with regulations existing on the date of acquisition and respecting lot area, floor space ratio, lot width or yards, a building or use shall be deemed to comply with such regulations only in the circumstances which follows: L where the building or use existed at the date of the acquisition; ii. where a building or use is proposed to be developed by the same owner who conveyed the land for street widening or corner visibility triangle; or Page 320 of 355 iii. where a building or use is proposed to be developed in strict accordance with an approved site plan applied for by a previous owner, which required the conveyance of land for streetwidening or corner visibility triangle; and, iv. subsections i) through iii) shall only apply provided that: i. where the lot is rezoned after the acquisition of land for street widening or corner visibility triangle, no greater benefit shall be obtained than that which could be obtained based on the zoning in effect on the date of such acquisition; and, ii. the provisions of this section shall not apply in circumstances where the conveyance of land for street widening or corner visibility triangle is a requirement of a subdivision of land approval. b. If the acquisition of land to widen a street or to provide a corner visibility triangle results in non-compliance with regulations not listed in subsection a) and existing on the date of acquisition, the non- compliance with those regulations shall be deemed to comply where the building or use legally existed on the date of the acquisition. Amend Additional Regulations for Minimum and Maximum Parking Requirements Table 5-5 Permit tandem parking in cases where there is one non-resident employee and no customers, by amending subsection (1) as bolded below. (1) 0 parking spaces are required for a home occupation use that is an office or indirect sales with no employees or clients to the premises, or for a home occupation within a single detached dwelling with an additional dwelling unit(s) attached or additional dwelling unit (detached), semi-detached dwelling with an additional dwelling unit(s) attached or additional dwelling unit (detached), street townhouse dwelling with an additional dwelling unit(s) attached or additional dwelling unit (detached), cluster townhouse dwelling, or multiple dwelling. If the home business does not have a non-resident employee, or if the home business has one non-resident employee and is conducted in such a manner as to not attract customers, then the required parking spaces for the home business, non-resident employee, and/or dwelling unit may be arranged in tandem. Zoning By-law Conclusions The above noted amendments to Zoning By-laws 85-1 and 2019-051 will result in more consistent application of the zoning regulations to ensure compliance with the Ontario Building Code and the City of Kitchener Development Manual. The proposed changes are minor and technical. Planning staff are recommending the above noted amendments at this time. Additional changes to implement four units as -of -right City-wide are under review and will be presented to Council in Q1 2024. At that time, additional amendments to both by-laws may be proposed for Council to consider. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. Page 321 of 355 FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the council / committee meeting. Notice of the Statutory Public Meeting, held by the Planning and Strategic Initiatives Committee held on December 4, 2023 will be in The Record on November 17, 2023. PREVIOUS REPORTS/AUTHORITIES: • Planning Act • DSD -19-049: Non Residential Zones • DSD 19-106: Deferred Items: Urban Growth Centre Bonusing/Zoninp • DSD 19-130: Deferred Items • DSD -19-233: New Zoning By-law (Stage 2a) —Residential Base Zones • DSD -19-272: New Zoning By-law (Stage 2a) — Deferred Item: RES -3 Lot Width • DSD -2021-42: New Zoning By-law (Stage 2a) — Residential Base Zones APPROVED BY: Justin Readman — General Manager, Development Services ATTACHMENTS: Attachment A — Zoning By-law Amendment, Zoning By-law 85-1 Attachment B — Zoning By-law Amendment, Zoning By-law 2019-051 Attachment C — Public Notice Page 322 of 355 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 — City of Kitchener — Annual Update to Zoning By-law 85-1) WHEREAS it is deemed expedient to amend By-law 85-1; NOW THEREFORE the Council of the Corporation of the City of Kitchener enacts as follows: 1. Section 2.1.4 is amended by replacing section 2.1.4 in its entirety with the following: "A Failure to Comply Where a person fails to comply with the provisions of sections 5.13, 5.6A2, 6.1, 6.3, 6.4, 6.5 and 40.2.5, 41.2.5, 42.2.5, 43.2.2, 44.3.5, 45.3.5, 46.3 and 47.2.2 of this by-law, the City may take such actions as necessary to effect compliance with those provisions at the person's expense, in accordance with section 446 of the Municipal Act." 2. Section 4 is amended by replacing the definition of Artisan's Establishment with the following: "Artisan's Establishment — means the use of a premises for the making, study, or instruction of a performing or visual art; or the workplace of an artisan such as a painter, sculptor, photographer, dressmaker, houseware/craft maker (including candles, soap, textiles, or similar household items) or tailor. Artisan's establishment shall not include an adult sex film theatre." 3. Section 5.5 is amended by replacing "9.9 square metres" with "15.0 square metres" in sections 5.5.2.a), 5.5.2.c), and 5.5.2.d). 4. Section 5.6.1 is amended by replacing section 5.6.1.b) with the following: "b) steps and access ramps that do not exceed 0.6 metres above grade, at grade, or below grade, may be located within a side yard provided they are setback 0.5 metres form the closest property line." 5. Section 5.13 is amended by replacing section 5.13.2) j) with the following: If the home business does not have a non-resident employee, or if the home business has one non-resident employee and is conducted in such a manner as to not attract customers, then the required parking space for the home business, Page 323 of 355 non-resident employee, and/or dwelling unit may be arranged in tandem." 6. Section 5 is amended by adding section 5.34 as follows: "5.34 Reduction In Regulations Resulting From Parkland If the dedication of land, to the City of Kitchener, for the purpose of parkland dedication results in non-compliance with regulations existing on the date of the transfer of ownership, for lot area, floor space ratio, lot width or yards, a building or use shall be deemed to comply with such regulations only in the circumstances where a building or use is proposed to be developed in strict accordance with an approved site plan, which required the conveyance of land for parkland dedication; provided that no greater benefit shall be obtained than that which could be obtained based on the zoning in effect on the date of such land dedication. 2. If the dedication of land to satisfy parkland dedication requirements results in non-compliance with regulations not listed in 5.34.1 and existing on the date of the land transfer, the non-compliance with those regulations shall be deemed to comply where the building or use legally existed on the date of the land transfer." PASSED at the Council Chambers in the City of Kitchener this day of , 2023. Mayor Clerk Page 324 of 355 PROPOSED BY — LAW 2023 BY-LAW NUMBER OF THE CORPORATION OF THE CITY OF KITCHENER (Being a by-law to amend By-law 2019-051, as amended known as the Zoning By-law for the City of Kitchener — City of Kitchener — Annual Update to Zoning By-law 2019- 051) WHEREAS it is deemed expedient to amend By-law 2019-051; NOW THEREFORE the Council of the Corporation of the City of Kitchener enacts as follows: 1. Section 1 is amended by adding section 1.11 as follows: "1.11 Failure to Comply Where a person fails to comply with the provisions of sections 4.7, 4.14.9, and 4.15.8 of this by-law, the City may take such actions as necessary to effect compliance with those provisions at the person's expense, in accordance with section 446 of the Municipal Act." 2. Section 3 is amended by replacing the definition of Artisan's Establishment with the following: "Artisan's Establishment — means the use of a premises for the making, study, or instruction of a performing or visual art; or the workplace of an artisan such as a painter, sculptor, photographer, dressmaker, houseware/craft maker (including candles, soap, textiles, or similar household items) or tailor. Artisan's establishment shall not include an adult sex film theatre." 3. Section 4.1 is amended to replacing 10 square metres" with "15.0 square metres" in section 4.1.b). 4. Section 4.14 is amended by replacing section 4.14.10.a) with the following: "a) Steps and access ramps that do not exceed 0.6 metres above grade, at grade, or below grade, may be located within a side yard provided they are setback 0.5 metres from the closest property line." 5. Section 4 is amended by adding Section 4.20 as follows: "4.20 REDUCTION IN REGULATIONS RESULTING FROM PARKLAND 1. If the dedication of land, to the City of Kitchener, for the purpose of parkland dedication results in non-compliance with regulations existing on the date Page 325 of 355 of the transfer of ownership, for lot area, floor space ratio, lot width or yards, a building or use shall be deemed to comply with such regulations only in the circumstances where a building or use is proposed to be developed in strict accordance with an approved site plan, which required the conveyance of land for parkland dedication; provided that no greater benefit shall be obtained than that which could be obtained based on the zoning in effect on the date of such land dedication. 2. If the dedication of land to satisfy parkland dedication requirements results in non-compliance with regulations not listed in 5.34.1 and existing on the date of the land transfer, the non-compliance with those regulations shall be deemed to comply where the building or use legally existed on the date of the land transfer." 6. Section 4 is amended by adding Section 4.21 as follows: "4.21 REDUCTIONS IN REGULATIONS RESULTING FROM STREET WIDENING a. If the acquisition of land, by registration on title on or after the date of the passing of this by-law, to widen a street or to provide a corner visibility triangle results in non-compliance with regulations existing on the date of acquisition and respecting lot area, floor space ratio, lot width or yards, a building or use shall be deemed to comply with such regulations only in the circumstances which follow: i. where the building or use existed at the date of the acquisition; ii. where a building or use is proposed to be developed by the same owner who conveyed the land for street widening or corner visibility triangle; or iii. where a building or use is proposed to be developed in strict accordance with an approved site plan applied for by a previous owner, which required the conveyance of land for street widening or corner visibility triangle; and, iv. subsections i) through iii) shall only apply provided that: where the lot is rezoned after the acquisition of land for streetwidening or corner visibility triangle, no greater benefit shall be obtained than that which could be obtained based on the zoning in effect on the date of such acquisition; and, the provisions of this section shall not apply in circumstances where the conveyance of land for street widening or corner visibility triangle is a requirement of a subdivision of land approval. b. If the acquisition of land to widen a street or to provide a corner visibility triangle results in non-compliance with regulations not listed in subsection a) and existing on the date of acquisition, the non-compliance with those regulations shall be deemed to comply where the building or use legally existed on the date of the acquisition." 7. The Additional Regulations for Minimum and Maximum Parking Requirements for Table Page 326 of 355 5-5 is amended by replacing subsection (1) with the following: "(1) 0 parking spaces are required for a home occupation use that is an office or indirect sales with no employees or clients to the premises, or for a home occupation within a single detached dwelling with an additional dwelling unit(s) attached or additional dwelling unit (detached), semi-detached dwelling with an additional dwelling unit(s) attached or additional dwelling unit (detached), street townhouse dwelling with an additional dwelling unit(s) attached or additional dwelling unit (detached), cluster townhouse dwelling, or multiple dwelling. If the home business does not have a non-resident employee, or if the home business has one non-resident employee and is conducted in such a manner as to not attract customers, then the required parking spaces for the home business, non-resident employee, and/or dwelling unit may be arranged in tandem." PASSED at the Council Chambers in the City of Kitchener this day of 12023. Mayor Clerk Page 327 of 355 NOTICE OF PUBLIC MEETING City-wide Amendments to Zoning By-law 85-1 and 2019-051 I....i , uua p i.a iuu(�S 9 N.A II: o ad W idei­ii iig Have Your Voice Heard! Planning & Strategic Initiatives Committee Date: December 4, 2023 Location: Council Chambers, Kitchener Citi Hall 200, King Street West oV'irtual Zoom Fleeting Go to kitchener.ca/meetings and select: • Current agendas and reports (posted 10 days before meeting) • Appear as a delegation • Watch a meeting To learn more about this project, including information on your appeal rights, visit: www.kitchenenca/ PlanningApplications or contact: Garett Stevenson, Manager of Development Review ga rett.stevenso n @kitchener.ca 519.741.2200 x7070 The City of Kitchener is proposing to make minor and technical amendments to Zoning By-law 85-1 and Zoning By-law 2019-051 as part of an annual amendment. Minor changes are proposed to the home business, parking, road widening, and general regulations. Page 328 of 355 Staff Report l IKgc.;i' r� R Development Services Department www.kitchener.ca REPORT TO: Planning and Strategic Initiatives Committee DATE OF MEETING: December 4, 2023 SUBMITTED BY: Rosa Bustamante, Director of Planning, 519-741-2200 ext. 7319 PREPARED BY: Natalie Goss, Manager Policy & Research, 519-741-2200 ext. 7648 Janine Oosterveld, Manager Customer Experience & Project Management, 519-741-2200 ext. 7076 Garett Stevenson, Manager of Development Review, 519-741-2200 ext. 7070 WARD(S) INVOLVED: ALL DATE OF REPORT: November 17, 2023 REPORT NO.: DSD -2023-504 SUBJECT: Planning Division - Significant Planning Applications, Policy Projects, Affordable Housing Projects, and Housing Pledge Update RECOMMENDATION: For information. REPORT HIGHLIGHTS: The purpose of this report is to provide an update of significant development applications, policy projects, affordable housing projects and significant streamlining projects as well as our housing pledge update. Not all work that is currently being undertaken by the Planning Division is captured in this report, rather a snapshot of significant work is captured. Planning staff provide a quarterly update report every March, June, September, and December of each year of all current significant development applications. It is important to be providing greater transparency on significant development applications with the community and Council. The key findings of this report include: o Since signing the Housing Pledge in March 2023, Kitchener Council has approved Official Plan Amendment and/or Zoning By-law Amendment applications for projects which propose 10,790 dwelling units (30.8% of housing pledge), Planning staff have issued final site plan approval for 3272 dwelling units, and building staff have issued building permits for 1671 dwelling units. o In this last quarter, work has advanced on the Rental Housing, Eviction and Displacement Study; Growing Together with the launch of the next phase of community engagement; and the completion of the Lower Doon Land Use Study implementation. o Since the beginning of 2023, Kitchener's affordable housing incentives have supported six projects which will total 179 new affordable housing units. o Extensive work has been completed to streamline development approvals, meet provincially mandated timelines and support excellent customer service including a public portal for development applications, an online booking system for planning *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 329 of 355 meetings, and establishing procedures to implement4he delegating_2f the removal of holding provisions and other minor amendments to the Director of Planning. • There are no financial implications with this report. • Community engagement is undertaken for each development application and project, which varies for each. • This report supports the delivery of core services. REPORT: Since December of 2021, Planning staff have provided a quarterly update report every March, June, September, and December of all current significant development applications. This report, and future quarterly reports, will also include the following: • Progress and next steps for major planning policy projects; • A summary of development applications that include affordable housing; • Updates on significant development review process improvements; • Housing Pledge reporting - Development application data required to be reported under a new Provincial regulation — Ontario Regulation 73/23 — Municipal Planning Data Reporting. It is important to be providing greater transparency on significant development applications with the community and Council. Attached to this report, the Significant Planning Applications Quarterly Report (Q3 2023) provides a summary of the current Planning applications under review at the time of the preparation of this report (Appendix A). The current significant development applications section includes Subdivision, Official Plan Amendment, and Zoning By-law Amendments that have not received final approval. These are the bulk of the applications that Planning staff consult with the community on an application specific basis. Significant development applications include property specific proposals as well as new greenfield communities (subdivisions). Additional details on the development applications can be found using the online mapping tool available at www.kitchener.ca/planningapplications. Major Planning Policy Projects There are currently 13 planning policy projects underway or that have been recently completed spanning a wide range of topics. These include: • Comprehensive Zoning By-law Review • Housing for All implementation • Official Plan review • Review of Provincial legislation, policies and plans • Rental Housing, Eviction and Displacement Study • Tree Conservation Tools Review • Urban Design Manual Review • Hidden Valley Secondary Plan • Growing Together (Major Transit Station Area) Planning Framework review — West MTSAs and East MTSAs • Lower Doon Land Use Implementation Study • Dundee North Secondary Plan • Inclusionary Zoning District Energy Business Case Appendix B provides a description of each project, current status, next steps, and target completion. Page 330 of 355 Development Applications — Affordable Housing With a strong focus on the housing crisis, this report also includes a summary of 2023 current projects that include affordable housing that are either under review or received approvals this year to start construction. To address provincial directives, streamline development approvals and support excellent customer service, the report also provides an update on significant process improvements underway in 2023 (Appendix C). Housing Pledge Reporting As part of the More Homes for Everyone Act, 2022 (Bill 109), the Planning Act was amended to give the Minister of Municipal Affairs and Housing the authority to require municipalities to report information on planning matters (Section 64). On April 6 2023, the Province implemented Ontario Regulation 73/23 - Municipal Planning Data Reporting requiring Ontario's largest and fastest- growing municipalities, which includes the City of Kitchener to report development application information on a quarterly basis (as per Schedule 2 of the regulation) and additional information on an annual basis (as per Schedule 3 of the regulation). The City's quarterly report data includes the following development application types: • Official Plan Amendments, • Zoning By-law Amendments, • Site Plan Applications, • Minor Variances, • Land Severances (Consents), • Plan of Subdivisions, • Plan of Condominiums, • Community Infrastructure and Housing Accelerator Orders, and • Minister's Zoning Orders The report data must include the following: • application identifiers (application ID and address); • application details, as applicable (date application submitted, date application deemed complete, application status, date of decision, date of adoption/passing, date of registration, number of new residential units if registered); • heritage information for the subject property as applicable (listed under section 27 (3) of the Ontario Heritage Act, designated to be of cultural heritage value or interest, subject to easement or covenant under section 37 of the Ontario Heritage Act, within a heritage conservation district area); and, • appeal information if applicable (third party appeal, type of appeal, date of appeal, date of appeal decision). The data gathered by the Province is being used to measure progress towards various Housing Supply Action Plan commitments and will also provide the information needed to support informed, evidence -based decisions around housing and planning policy. The regulation also complements the Province's initiative of developing standards and achieving consistency for exchange of data required for development applications. The City of Kitchener has submitted quarterly development application data to the Province for Q3 (from July 1 to September 30, 2023). The Q3 quarterly planning data reports to the Province are attached to this report. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. Page 331 of 355 FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Council / Committee meeting. CONSULT — Significant development application specific engagements are undertaken for Official Plan Amendment, Zoning By-law, and Subdivision applications. Engagement includes mailing postcards to property owners and occupants of all buildings within 240 metres of the subject lands, publishing a newspaper notice when the application is first circulated and when the statutory public meeting is scheduled, as well as informal community meetings including Neighbourhood Meetings and/or site walks. A large plain language sign is also posted on the property. For planning policy projects, community engagement plans are developed and implemented to ensure fulsome, tailored engagement occurs early and throughout each project at a level commensurate with the scope of the project. PREVIOUS REPORTS/AUTHORITIES: There are no previous reports/authorities related to this matter. APPROVED BY: Justin Readman — General Manager, Development Services ATTACHMENTS: Attachment A — Significant Planning Applications Quarterly Report (Q4 2023) Attachment B — Significant Policy Projects (Q4 2023) Attachment C — Affordable Housing and Significant Streamlining Projects (Q4 2023) Attachment D — Provincial O. Reg 73/23 Q3 Quarterly Planning Data Report Page 332 of 355 Attachment A — Significant Planning Applications Quarterly Report (Q4 2023) Current Significant Development Applications Subdivision (SA), Official Plan Amendment (OPA), Zoning By-law Amendment (ZBA) WARD 1 104 WOOLWICH ST Proposal: Two 3.5 -storey multiple dwellings (stacked townhouses) with 24 dwelling units each (total of 48 dwelling units). File Number: OP18/007/W/AP Description: The owner is requesting a Site -Specific Policy to allow an FSR of up to 0.9. Application Type: OPA Status: This application has been circulated and Planning staff are accepting and reviewing comments. File Number: ZBA18/009/W/AP Description: The owner is requesting to change the zoning from Agricultural (A-1) to Residential Six Zone (R-6) along with a Site Specific Provisions to: a) reduce the minimum front yard from 4.5 metres to 1.0 metres, b) eliminate the requirement for Private Patio Areas for at -grade dwelling units, c) increase the maximum Floor Space Ratio from 0.6 to 0.9, and d) reduce the required parking from 1.75 spaces per unit to 1.2 spaces per unit. Application Type: ZBA Status: This application has been circulated and Planning staff are accepting and reviewing comments. Staff Contact: Andrew Pinnell Neighbourhood Meeting Date: TBD Owner: 1238455 ONTARIO LIMITED Applicant: GSP GROUP INC Update Since Last Quarterly Report: Planning Staff and the Applicant are considering input provided through the initial circulation. 26 STANLEY AVENUE & 31 SCHWEITZER STREET Proposal: The Site is proposed to be developed with a residential subdivision consisting of 42 single detached dwelling lots, 12 semi-detached dwelling lots (total of 24 dwellings) and a 5 -unit street -townhouse block totaling 71 residential units. The Proposed Development will be accessed by a future municipal road connecting to Stanley Avenue. File Number: 30T-21201 Description: A residential plan of subdivision consisting of single detached dwellings, semi-detached dwellings, and townhouse dwellings, totaling 72 units. Application Type: SA Status: This application has been circulated and Planning staff are accepting and reviewing comments. File Number: ZBA21/19/S/BB Description: To rezone the Site from Residential Four (R-4) and Residential Five (R-5) to the Low Rise Residential Five (RES -5) Zone with a Site -Specific Provision to permit a maximum building height of 12.5 metres. Application Type: ZBA Status: This application has been circulated and Planning staff are accepting and reviewing comments. Staff Contact: Brian Bateman Neighbourhood Meeting Date: May 31, 2022. Owner: Newo Holdings Limited Applicant: GSP Group Inc. Update Since Last Quarterly Report: A Neighbourhood Meeting was held on May 31, 2022 and Planning Staff and the Applicant are considering input provided at the Neighbourhood Meeting. Page 333 of 355 WARD 2 20 Woolner Trail Proposal: The proposed development of the Site includes the future construction of a new Catholic High School for Grade 7 to Grade 12 students. The new high school will include a three storey building, associated parking facilities for faculty, visitors and students, future portable areas, an outdoor playground area for elementary students Grade 7 and 8), a practice field, track and football field. File Number: OPA23/01 1 /W/TS Description: To redesignate the property from Low Rise Residential and Mixed Use to Institutional. To permit a new Grade 7-12 Catholic School. Application Type: OPA Status: This application has been circulated and Planning staff are accepting and reviewing comments. File Number: ZBA23/009/K/ES Description: To redesignate the property from Low Rise Residential and Mixed Use to Institutional zoning. Application Type: ZBA Status: This application has been circulated and Planning staff are accepting and reviewing comments. Staff Contact: Tim Se ler Neighbourhood Meeting Date: August 15, 2023 Owner: Waterloo Catholic District Applicant: GSP Group School Board Update Since Last Quarterly Report: This application has been deferred to the December 11, 2023 Council meeting. Page 334 of 355 WARD 3 1018 Hidden Valley Rd Proposal: A 26 unit (lot) single detached vacant land condominium development. File Number: OPA23/006/H/BB Description: A site-specific policy to permit the proposed net residential density of 8 units per net hectare, whereas a maximum of 4 units per hectare is currently permitted. Application Type: OPA Status: This application has been circulated and Planning staff are accepting and reviewing comments. File Number: ZBA23/010/H/BB Description: To change the zoning of the subject lands from Residential One (R-1) to Residential Two (R-2) under Zoning By-law 85-1. Application Type: ZBA Status: This application has been circulated and Planning staff are accepting and reviewing comments. Staff Contact: Brian Bateman Neighbourhood Meeting Date: June 21, 2023 Owner: Evaya Development Inc. Applicant: MHBC Planning Update Since Last Quarterly Report: This application has been circulated and Planning staff are accepting and reviewing comments. Page 335 of 355 WARD 4 448 NEW DUNDEE RD Proposal: A condominium development with 24 single detached houses with frontage onto a private condominium road. File Number: ZBA20/003/N/AP Description: the application requests to change the zoning from R-1 Zone (allows single detached dwellings on lots with a min. lot area of 4,000 m2 and min. lot width of 30 m2) to R-6 (allows single detached dwellings on lots with a min. lot area of 235 m2 and min. lot width of 9 m2). Application Type: ZBA Status: This application has been circulated and Planning staff are accepting and reviewing comments. Staff Contact: Andrew Pinnell Neighbourhood Meeting Date: November 25, 2021. Owner: HAYRE PROPERTIES INC Applicant: GSP Group Inc. Update Since Last Quarterly Report: Planning Staff and the Applicant are considering input provided at the Neighbourhood Meeting. Additional technical study is underway. 86 PINNACLE DR Proposal: A 3.5 storey 16 -unit multiple residential building. File Number: ZBA19/003/P/KA Description: To change the zoning to Residential Six (R-6) to permit a multiple residential dwelling. Application Type: ZBA Status: This application has been circulated and Planning staff are accepting and reviewing comments. Staff Contact: Katie Anderl Neighbourhood Meeting Date: January 10, 2023 Owner: A & F GREENFIELD HOMES Applicant: IBI Group LTD Update Since Last Quarterly Report: A revised development concept was received and shared with the community through a second Neighbourhood Meeting and on-site meeting. Planning Staff and the Applicant are considering input provided on the revised concept. 404-430 NEW DUNDEE RD Proposal: The proposed development intends to establish ten (10) stacked townhouse buildings containing a total of 160 residential dwelling units on the subject lands. Each building would contain sixteen (16) dwelling units. Access to the property is proposed through one full -movement access driveway from New Dundee Road that would connect to the internal private road system. Parking is provided at a rate of 1.15 spaces per dwelling unit, for a total of 186 parking spaces. All parking spaces are surface level, and secure indoor bicycle storage spaces are to be provided throughout the site. The proposed residential development also includes a central common amenity area. File Number: OPA22/014/N/BB Description: To add a special policy area to the Low Rise Residential designation such that the subject lands be permitted a maximum Floor Space Ratio (FSR) of 0.9 and a density exceeding 30 units per hectare Application Type: OPA Status: This application has been circulated and Planning staff are accepting and reviewing comments. File Number: ZBA22/025/N/BB Description: The Zoning by-law amendment is proposing re -zoning the subject lands from R-1 in By-law 85-1 to RES -5 in By-law 2019- 051 with a site-specific provision for FSR, building height, parking, and visitor parking. Application Type: ZBA Status: This application has been circulated and Planning staff are accepting and reviewing comments. Staff Contact: Brian Bateman Neighbourhood Meeting Date: January 19, 2022 Owner: Klondike Homes Ltd. Applicant: MHBC Planning Update Since Last Quarterly Report: Planning Staff and the Applicant are considering input provided at the Neighbourhood Meeting. Page 336 of 355 WARD 5 ROCKCLIFFE DR FREURE SOUTH Proposal: A new community with 471 new residential units including single detached, street townhouses & multiple dwellings. Parkland open sace & stormwater management facilities are also proposed. File Number: OP16/001/R/KA Description: To change the designation of the easterly portion of land to high rise residential, designate a future park area as open space, and to adjust the limits of wooded areas designated as open space. Application Type: OPA Status: This application has been circulated and Planning staff are accepting and reviewing comments. File Number: ZC16/009/R/KA Description: To change the zoning from Restricted Business Park (B- 2) to residential and natural heritage conservation zones. Application Type: ZBA Status: This application has been circulated and Planning staff are accepting and reviewing comments. File Number: 30T-16201 Description: The plan of subdivision includes single detached, street townhouses & multiple dwellings along with parkland open space & stormwater management facilities. Application Type: SA Status: This application has been circulated and Planning staff are accepting and reviewing comments. Staff Contact: Katie Anderl Neighbourhood Meeting Date: TBD Owner: FREURE DEVELOPMENTS Applicant: MHBC PLANNING LTD LIMITED Update Since Last Quarter) Report: No update at this time. Archeological assessment work continues. 2219 OTTAWA ST S & 808 TRUSSLER RD Proposal: A new community with 240-409 new residential units including single detached, street townhouses & multiple dwellings. Institutional uses, a multi -use trail, a stormwater management system, parkland and open space blocks for the conservation of natural features on the property are also proposed. The existing buildings on the property will be demolished for the proposed development with the exception of the Shantz House, which will ultimately be designated a heritage property. File Number: OPA22/009/O/AP Description: The lands are currently designated Low Rise Residential, Natural Heritage Conservation and Mixed Use. The amendment proposes to align the proposed land uses with the proposed Plan of Subdivision. A Mixed Use land use designation is proposed on Blocks 11 and 12 to accommodate higher density multiple -residential developments. The Natural Heritage Conservation designation is proposed to apply to lands on which environmental features are located. Blocks 15, 16 and 18 are proposed to be designated as Open Space. Blocks 15 and 16 are proposed to be public parks, totaling 0.478 hectares of parkland. Block 18 is proposed to accommodate the stormwater management pond. Application Type: OPA Status: This application has been circulated and Planning staff are accepting and reviewing comments. File Number: ZBA22/016/0/AP Description: The Subject Lands are currently zoned Agricultural (A- 1) in Zoning By-law 85-1. The amendment proposes to bring the lands into Zoning By-law 2019-051 and apply the following zoning categories; RES -5 Low Rise Residential Five Zone with Site Specific Provisions, INS -1 Neighbourhood Institutional Zone with Site Specific Provisions, OSR-1 Recreation Zone, OSR-3 Open Space: Stormwater Management Zone, and NHC-1 Natural Heritage Conservation Zone. Application Type: ZBA Status: This application has been circulated and Planning staff are accepting and reviewing comments. Page 337 of 355 File Number: 30T-22201 Description: The plan of subdivision includes single detached, street townhouses & multiple dwellings along with parkland open space & stormwater management facilities. Application Type: SA Status: This application has been circulated and Planning staff are accepting and reviewing comments. Staff Contact: Andrew Pinnell Neighbourhood Meeting Date: TBD Owner: Kitchener Trussler Holdings Applicant: Polocorp Inc. I nc. Update Since Last Quarterly Report: The Applicant has filed an appeal to the Ontario Land Tribunal. A Case Management Conference is schedule for November 20, 2023. 490 HURON RD Proposal: The development proposal includes three multiple residential apartment buildings and commercial development along Huron Road and a combination of structured and surface parking. Full build out of the subject lands is anticipated to occur in phases. Vehicular access to the proposed development is proposed from both Huron and Strasburg Roads with two accesses from Huron Road and one access from Strasburg Road. File Number: OPA22/012/H/CD Description: The purpose of the OPA is to amend the existing special policy area for the subject lands to allow for a maximum height of 17 storeys within the portion of the site that is designated `Mixed Use'. Application Type: OPA Status: This application has been circulated and Planning staff are accepting and reviewing comments. File Number: ZBA22/019/H/CD Description: To amend the site specific zoning regulations for the portion of the lands zoned MIX -3 to permit the ground floor of any building located within 25 metres of the Strasburg Road street line to have a minimum height of 4.5 metres, that no minimum or maximum percent of non-residential gross floor area be required, to permit a maximum building height of 17 storeys and 53 metres, to permit a maximum FSR of 3, and that no minimum Ground Floor Street Line Fagade Width as a Percentage of the Width of the Abutting Street Line shall apply. Application Type: ZBA Status: This application has been circulated and Planning staff are accepting and reviewing comments. Staff Contact: Craig Dumart Neighbourhood Meeting Date: December 6, 2023 Owner: 2517293 Ontario Inc. Applicant: MHBC Planning Ltd. Update Since Last Quarterly Report: The initial circulation of the notice of application is completed. A Neighbourhood Meeting is scheduled on December 6, 2023. Page 338 of 355 WARD 5 — New Applications 485 HURON RD Proposal: The development proposal a one storey self -storage and a design showroom are proposed on the eastern portion of the commercial lands. The western portion of the lands are approved to be developed with a 10 storey multiple residential building. The developable lands are outside the protected environmental features. File Number: OPA23/019/H/TS Description: The applicant is proposing add a Site Specific Policy Area to the subject lands to permit a ware house use (self -storage facility) on the subject lands. Application Type: OPA Status: This application has been circulated and Planning staff are accepting and reviewing comments. File Number: ZBA23/034/H/TS Description: The applicant is proposing add a Site Specific Policy Area to the subject lands to permit a warehouse use (self -storage facility) on the subject lands. Application Type: ZBA Status: This application has been circulated and Planning staff are accepting and reviewing comments. Staff Contact: Tim Se ler Neighbourhood Meeting Date: November 28, 2023 Owner: Activa Holdings Inc. Applicant: MHBC Planning Ltd. Update Since Last Quarter) Report: New Application. Page 339 of 355 WARD 8 400 WESTWOOD DR Proposal: To demolish the existing house and create four new lots for single detached dwellings. File Number: ZBA21/0121W/ES Description: To rezone the developable portion of the lands to site specific Residential Four (R-4). Application Type: ZBA Status: This application has been circulated and Planning staff are accepting and reviewing comments. Staff Contact: Eric Schneider Neighbourhood Meeting Date: January 13, 2022 Owner: NASIR BROMAND, ZAKIA Applicant: IBI GROUP BROMAND Update Since Last Quarterly Report: A Neighbourhood Meeting was held with the community on January 13, 2022. Planning Staff and the Applicant are considering input provided at the Neighbourhood Meeting. Page 340 of 355 WARD 9 50 BORDEN AVE S Proposal: a mixed-use development consisting of two towers (57 storeys and 51 storeys in height) having 1,224 dwelling units and 7,240 m2 of commercial and institutional space. File Number: OPA23/004/B/KA Description: Site-specific regulations propose a Floor Space Ratio (FSR) of 16.1, a reduced rear yard setback, and a parking reduction Application Type: OPA to permit 618 parking spaces Application Type: OPA Status: This application has been circulated and Planning staff are File Number: ZBA23/011/K/CD accepting and reviewing comments. File Number: ZBA22/008/B/KA Description: Site-specific regulations propose a Floor Space Ratio (FSR) of 16.1, a reduced rear yard setback, and a parking reduction to permit 618 parking spaces Application Type: ZBA Status: This application has been circulated and Planning staff are accepting and reviewing comments. Staff Contact: Katie Anderl Neighbourhood Meeting Date: June 6, 2023 Owner: Woodhouse Investments Inc Applicant: IBI Group Update Since Last Quarterly Report: This application has been circulated and Planning staff are accepting and reviewing comments. Staff Contact: Craig Dumart 417 KING STW Proposal: A 55 storey mixed use building with 622 residential units with ground floor commercial units. A total of 184 vehicle parking spaces and 311 bicycle parking spaces are proposed for the development. File Number: OPA23/007/K/CD Description: To add a Specific Policy to allow for a Floor Space Ratio FSR of 21. Application Type: OPA Status: This application has been circulated and Planning staff are accepting and reviewing comments. File Number: ZBA23/011/K/CD Description: To change the zoning of the subject lands to Warehouse District Zone (D-6) with a Special Regulation Provision to permit a floor space ratio of 21; to allow for residential uses; to allow for a reduction in parking to 0.29 parking spaces per dwelling unit and 0 space for non residential uses; to permit a rear yard and east side yard setback of 0 metres; and to permit a 1.1 metre west side yard setback. Application Type: ZBA Status: This application has been circulated and Planning staff are accepting and reviewing comments. Staff Contact: Craig Dumart Neighbourhood Meeting Date: July 11, 2023 Owner: Vanmar Constructors Applicant: MHBC Planning Update Since Last Quarterly Report: This application has been deferred to the December 11, 2023 Council meeting. Page 341 of 355 WARD 10 22 WEBER ST W Proposal: A 19 -storey multiple residential building with 162 units, including 25 barrier free units. A total of 24 parking spaces are proposed at grade. File Number: OPA20/005/W/JVW Description: The applicant is now proposing to amend the designation to High Density Commercial Residential with a Special Policy Area in order to permit a floor space ratio FSR of 7.8. Application Type: OPA Status: Under appeal File Number: ZBA20/013/W/JVW Description: The subject lands are currently zoned Commercial Residential Three (CR -3) in Zoning By-law 85-1. The applicant is proposing the same base zone with site specific special regulations to permit; an increase in height to 19 storeys, an increase in Floor Space Ratio to 7.8, To require a minimum ground floor fagade height of 4.5m, to reduce the required minimum landscaped area required from 10% to 8%, to reduce front and rear yard setbacks, and to reduce the required on-site parking to 24 spaces, including 8 visitor parking spaces. Application Type: ZBA Status: Under appeal Staff Contact: Garett Stevenson Neighbourhood Meeting Date: Sept. 8, 2021 & March 3, 2022. Owner: 30 DUKE STREET LIMITED Applicant: MHBC PLANNING LTD Update Since Last Quarterly Report: Council refused the related Heritage Permit Application on August 22, 2022. This appeal was adjourned. This application has been appealed to the Ontario Land Tribunal (formerly LPAT) which has suspended this matter until further notice. Page 342 of 355 Attachment B — Significant Policy Projects (Q4 2023) Current Significant Policy Projects Quarter 4, 2023 Update CITY WIDE Comprehensive Zoning By-law Review Description: Review of Kitchener's Zoning By-law 85-1. Approved in phases with the latest phase (residential zones) being approved in 2022. Final phase includes specific properties previously deferred and specific geographies (i.e., Rosenberg). An update was provided to Council on the progress of Housing for All Current Status: IN PROGRESS Zoning updates in 2023 have focused on Major Transit Station Areas which is occurring through Growing Together. Next Steps: Final phase includes specific properties previously deferred and specific geographies i.e., Rosenberg Secondary Plan). Project Lead: TBD Target Completion: 2024/25 Housing for All Implementation Description: Kitchener Housing for All Strategy was approved in 2020 and identifies actions for the City to address homelessness and housing issues in Kitchener. Current Status: IN PROGRESS An update was provided to Council on the progress of Housing for All action items in March 2022. Lived Expertise Working Group In March 2023, Planning Division staff took carriage over the continued implementation and began working with the Lived Expertise Working Group. In September 2023 Council endorsed the LEWG's year 2 work program. Lodging Homes In October 2023 Council considered updates to the Official Plan and Zoning By-law that would permit lodging houses across the city where other residential uses are permitted. This matter was deferred to allow it to be considered together with in progress updates to the Lodging House (Licensing) By-law in early 2024. Next Steps: At this time, pending resource capacity, a second update on Housing for All actions items is anticipated in 2024. Lived Expertise Working Group Since September, staff have been working with LEWG to advance work on Kitchener's Rental Housing Eviction and Displacement Study. Lodging Homes Continued work with Licensing Services to coordinate updates to the Official Plan and Zoning By-law as well as updates to the Lodging House(Licensing) By-law for Council's consideration in Q1 2024. Project Lead: Target Completion: 2024 for Lodging Homes; 2024 for LEWG pilot Natalie Goss/Garett Stevenson program; 2025+ for Housing for All implementation. Page 343 of 355 Official Plan Review Description: A comprehensive review of Kitchener's Official Plan to, among other things, align with changes in Provincial legislation, policies, and plans and the Region of Waterloo's Official Plan Amendment No. 6. Current Status: Project planning is underway to determine necessary background TO COMMENCE Q1 2024 and technical studies, scope of work, and timelines. Next Steps: In accordance with the Planning Act, hold a Special Meeting of Council to get early input from Council, community and stakeholders on what revisions may be required to the Official Plan in Q1 2024. Project Lead: Target Completion: 2026 Tim Donegani Provincial legislation, policies, plans review Description: A significant number of Provincial legislative and policy changes have occurred throughout 2022 and 2023. The Planning Division has formally added this review to their workplan due to the significant time and resources that have been required to review changes and provide comments. Current Status: ONGOING Since the September 2023 quarterly report Planning Staff have worked with Corporate Planning staff to provide responses on the following matters: • Bill 134, Affordable Homes and Good Jobs Act, which proposes to amend the definitions for both affordable rental and affordable ownership housing for the purpose of exempting these units from municipal development charges. Next Steps: As of the date of this report there is one open ERO posting, Proposed changes to the Ontario Heritage Act and O. Reg 385/21 with respect to certain alteration requests. Planning staff are working with Corporate Planning staff on a response by the December 3, 2023, deadline. Project Lead: Target Completion: N/A Planning Management Team Rental Housing, Eviction and Displacement Study (NEW to workplan in 2023) Description: In January 2023 Council directed that staff look at tools that are within Kitchener's jurisdiction with respect to rental replacement and other tools and advocacy opportunities for the transitioning of displaced residents. Current Status: ONGOING In June 2023 staff provided an update to Council on this work. A website and survey have been prepared with input from the LEWG to share resources and sources of information on rental displacement and evictions and a survey has been prepared to collect information from tenants who have been or will be evicted from their rental units because of the landlord's intent to demolish, renovate, convert, or occupy their rental unit. Planning staff have been working with a consultant to better understand the parameters, opportunities and implications of a Rental Replacement By-law. Next Steps: Report to Council in December 2023 on options and opportunities for Kitchener to advance work in this area. Project Lead: Target Completion: Q4 2023 Natalie Goss/Garett Stevenson Page 344 of 355 Tree Conservation Tools Review — Phase 2 Description: With Council's approval of Kitchener's tree canopy target in January 2022, Council directed staff to review existing tree conversation processes within the City to explore opportunities for strengthened measures. This work includes a review of Kitchener's Tree Bylaw and Tree Conservation Bylaw, tree planting requirements within the Development Manual, and Tree Management Policy. Current Status: In April 2023, Council authorized a second phase work to further ONGOING evaluate specific enhancement opportunities to existing tools and processes. Work planning for phase 2 is underway. Next Steps: Develop a comprehensive work plan for phase 2 including a community and stakeholder engagement plan. Project Lead: Target Completion: 2024 Gaurang Khandelwal Urban Design Manual Review — Part C Description: A comprehensive review of Kitchener's Urban Design Manual which has been occurring in phases. The last phase was approved in 2019. Final phase includes the urban design standards Part C). Current Status: ONGOING Internal review of existing standards to understand opportunities for improvement. Next Steps: Draft updates to urban design standards and stakeholder engagement. Project Lead: Target Completion: 2024 Gaurang Khandelwal WARD 1 — There are no Ward 1 specific projects at this time. WARD 2 — There are no Ward 2 specific projects at this time. WARD 3 Hidden Valley Secondary Plan Description: Development of updated land uses and Official Plan policies, including technical studies to inform them to implement the land use master plan approved by Council in 2019. Current Status: IN PROGRESS Series of consultants retained to undertake technical work related to transportation and noise, water, cultural heritage, and the natural heritage system. Next Steps: Technical studies are anticipated to be completed in early Q1 2024 to inform draft land uses. Project Lead: Richard Kell -Ruetz Target Completion: Q2 2024 Growing Together Major Transit Station Area Planning Framework Review Description: Comprehensive review and update of land use, zoning, and urban design guidelines for the Block Line, Fairway, and Sportsworld Major Transit Station Areas. Current Status: N/A TO COMMENCE Q2 2024 Next Steps: To commence work on project planning once Growing Together for the 7 MTSAs west of the Conestoga Expressway is complete. Project Lead: TBD Target Completion: 2025 Page 345 of 355 WARD 4 Lower Doon Land Use Implementation Stud Description: Review of existing secondary plan and updates to Official Plan policies, cultural heritage policies/guidelines, and zoning to implement the land use stud 2021 recommendations. Current Status: COMPLETE In October/November 2023 Council considered and adopted/approved amendments to the Official Plan and Zoning By- law for Lower Doon. Next Steps: None at this time. Additional work may be required pending the Region of Waterloo's approval of the Official Plan amendment. Project Lead: John Zunic Completion Date: November 6, 2023 WARD 5 Dundee North Secondary Plan Description: Development of a new secondary plan (land use, transportation, natural heritage system, complete community) for lands in south-west Kitchener. The project will also fulfill the requirements for an environmental assessment and will recommend infrastructure to service the area. Current Status: IN PROGRESS In April 2023 the Province issued a decision on Regional Official Plan Downtown Community Working Group recommended vision and set Amendment 6 which added additional land in south-west Kitchener of guiding principles for Downtown. to Kitchener's urban area. Further, in October and November 2023 Completion Date: November 6, 2023 ::1 the Provincial Minister of Municipal Affairs and Housing signaled a reversal of the April decision pending input from the Region of Waterloo and Kitchener's Mayor. Next Steps: Continue to work with Region of Waterloo staff and landowners of the affected lands to understand the context of the Provincial decision and recent direction. Project Lead: Target Completion: TBD Carrie Musselman WARD 6 — There are no Ward 6 specific projects at this time. WARD 7 — There are no Ward 7 specific projects at this time. WARD 8 — There are no Ward 8 specific projects at this time. WARDS 9 & 10 Downtown Kitchener Vision Description: Development of a new, community -led vision for downtown Kitchener. Includes a defined set of principles that will be used to shape, direct and build context for future decision-making in the downtown core. Current Status: In October/November 2023 Council considered and approved the COMPLETE Downtown Community Working Group recommended vision and set of guiding principles for Downtown. Project Lead: Completion Date: November 6, 2023 ::1 Darren Becks/Natalie Goss Page 346 of 355 WARDS 9 & 10 Growing Together Major Transit Station Area Planning Framework Review Description: Comprehensive review and update of land use, zoning, and urban design guidelines for the 7 Major Transit Station Areas west of the Conestoga Expressway. Current Status: Community engagement on the draft Official Plan and Zoning By-law IN PROGRESS launched in early November 2023. Engagement continues throughout November and includes in person office hours and a pop up at the Kitchener Market. Full details on the community engagement events and materials are available on the Growing Together engage pace. Next Steps: Official Plan and Zoning By-law amendments to Council for consideration in Q1 2024. Project Lead: Adam Clark Target Completion: Q1 2024 Inclusionary Zoning Description: Inclusionary Zoning can be used to require new, multi -unit housing developments to include affordable units. The Region, Kitchener, Waterloo, and Cambridge are coordinating their approach to implementing inclusionary zoning within MTSAs. A portion of this work is being funded through the Provincial Streamline Development Approvals Funding. This work is being coordinated with Growing Together. Current Status: Staff are continuing to obtain input from stakeholders and community IN PROGRESS on the preliminary directions. Consultant direction is being sought on the financial implications of different set aside rates as per Kitchener and Waterloo Council's directions. Next Steps: Official Plan and Zoning By-law amendments to Council for consideration in Q1 2024. Project Lead: Tim Done ani Target Completion: Q1 2024 District Energy Business Case Description: Pre -feasibility study endorsed by Council in 2020. Current phase of work includes conducting detailed technical and financial feasibility to connect new/existing public and private buildings in downtown to a system primarily powered by geothermal energy. Current Status: Consultant work on pre -feasibility has been completed. In November IN PROGRESS 2023 Council directed work on the next steps for district energy. Next Steps. Staff will proceed with the next phase of work as directed by Council. Project Lead: Tim Donegani Target Completion: Q1/2 2024 Page 347 of 355 Attachment C — Affordable Housing and Significant Streamlining Initiatives (Q4 2023) 2023 Active Affordable Housing Development Applications Address and Total Units Affordable Status City incentives applicant Units 83-97 Victoria St N, 44 44 Clearing conditions of Project manager The Working Centre site plan approval Affordable rental housing incentives (planning and building application fees waived) 82 Wilson Ave, 123 32 (net Under construction Affordable rental housing Region of Waterloo (existing) increase) incentives (planning and building application fees waived) 49 Queen St N, 41 41 Under construction Affordable rental housing Indwell Community incentives (planning and Homes and St. Peter's building application fees Lutheran Church waived 137 Queen St S, 57 21 Clearing conditions of Project manager St Paul's Lutheran site plan approval, Affordable rental housing Church shoring permit issued incentives (planning and building application fees waived 206 Duke St E, 100 40 Clearing conditions of Project manager Knossos Housing site plan approval Affordable rental housing incentives (planning and building application fees waived) 32 Mill St, 1 1 Building permit issued Affordable rental housing KW Urban Native incentives (building Wigwam Project application fees waived) Total New Units: 243 179 Projects to Streamline Development Approvals Streamlining Development Approvals Funding Description: A series of projects initiated in February 2022 with the support of a provincial grant provided to streamline development approvals and relieve backlogs to support building more houses quicker. Projects include: • Digital improvements and online public portal development — improving the efficiency of processing development applications including developing a portal for submission of development applications. • Temporary staffing to support quicker turn -around for development applications including 2 co-op students in Planning, 1 co-op student in Parks Design and Development, 1 gas utilities drafting technician and 1 stormwater management utilities technologist. • A process review to identify and assist the City to implement more efficient processes for the Parks (Design and Development division) development approvals processes. • Inclusionary Zoning for Affordable Housing: Policy and Implementation Guidelines (refer to Appendix B for further details) • Enabling Missing Middle and Affordable Housing Study (refer to Appendix B for further details) • Online booking system for presubmission consultations and other planning meetings • Mobile technology for onsite inspections • Cumulative Impact Analysis of potential changes on the development industry, pace of development, housing affordability and other strategic City priorities associated with introducing various planning tools (completed in advance of the Development Charge and Park Dedication bylaws in June 2022 Page 348 of 355 Current Status: Complete Next Steps: Work will continue some projects beyond the scope of the provincial grant funding. For example, work will continue to transition all development alications to a public portal in the coming ears. Project Lead: Janine Oosterveld Completion date: November 1, 2023 Implementation of Bill 13, Bill 109, and Bill 23 Description: To address the housing crisis and get more homes built faster, the Province enacted a series of legislated changes to streamline development applications and reduce costs to development. An action plan was established to update policies, bylaws and undertake staff -level process improvements in response to these provincial directives. Current Status: Council approved, implementing procedures in progress. Through DSD -2023-239, Council approved in June a series of amendments to policies and bylaws to: • Delegate the removal of holding provisions and other minor zoning bylaw amendments to the Director of Planning; • Shorten the statutory public consultation notice period to align with the staff report posting; • Changes to zoning to allow up to 3 units on a property with a single detached, semi-detached or street townhouse dwelling and ensure safe, functional sites for projects with 10 units or less that no longer go through site plan approval; and, • Changes to the site plan control bylaw and public participation policy. With Regional approval of the Official Plan amendment and the appeal period concluded on August 22"d, the policies and bylaws are now in effect. At the staff level, implementing procedures are underway to address approved the policy and bylaw changes. Next Steps: On-going work to continue to refine the site plan, official plan amendment and zoning bylaw amendment processes will continue next year. Project Lead: Tanya Roberts Completion date: October 31, 2023 Enabling 4 Units Everywhere Description: In response to Council's motion at the October 16, 2023 Council meeting, staff are undertaking a review of zoning bylaw amendments that would enable up to four units on a lot which currently permit a single detached, semi-detached or street fronting townhouse dwelling. Current Status: Under review. Staff have formed a working group and launch this project and are in the initial stages of evaluating zoning regulations and planning for community engagement in the winter. Next Steps: Preparation for community engagement in January and a report back to Planning and Strategic Initiatives Committee by the end of Q1 2024. 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