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HomeMy WebLinkAboutDSD-2023-514 - Official Plan Amendment Application OPA23/008/B/ES - Zoning By-law Amendment Application ZBA23/012/B/ES - 93-99 Benton Street and 39-43 St. George StreetStaff Report r JR 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/B/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. T G90 COSNF F S© � cyU SUBJECTAREA Cho m s� cO.�T 42. -71 ST 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 spaces) for a total of 98 bicycle parking spaces. Figure 2 — View of Subject Lands (7 -unit Townhouse Building facing Benton Street) Page 217 of 355 Y tX r C Figure 3 — View of Subject Lands (Rear of site at St. George Street) :IO IA: 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 5.5� FROM HYDRO POLES LHE ST 17L4.!'RGE ST. . -------------------------- � -.-Ex fn PiIX4Rtt IiIR _ ".E Irl X. Z014E -ROPOSED 13SIOREY 96 _NIT ,. HI GH DEA &ITY RESIDENT AL j R6-3 LANE Z I FJ651F16 -. G li11N16 I Z - rvPw "1.911 HGi LJJ ..JF m H.P. . - PR3FEilx.a- _ 120p nim - +t.. E frF5Y'Ifi -- L — raxsz Ro4T I I- x IAO r�i3 IY18m . _ .. 9MifRCxA ­11111 -1 -.. _ P.—I I I u�RJ..axa ]L�u= °Fitt -rig frvFOf TC+xfR P%airy •18�n Mw%RL�lLWGF84H1 i911�1?C31 rv'R:iinri Siri VnRG SFf �� RfG - rSRE.e RVARR S:.-R+.S:L I � wL .Yti tP,RYSRc eTri. 1411,L--Z RPSF, ITB4 - I Ln Nw% k�aL Hk:M F%P65E] I—P""Of LIG PwiRIVL \f _ 1efA ..i - RCua wafwvr. 1dLp rn s•sl 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 Design 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. WHAT WE HEARD 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. George 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 CGFROMWDRON:,_E: _ E ST GEORGE ST. + .:±Fs. Fr PPCP=RT•llnF _ Frx-'ti:�ra,.s:�•�kR.1 � �wFwrvT.,,Rc�: - II � mm -1 I'll, FJX,ZONE .' I '.r.' II - Fxeuae fnsran - _ PROFOSEU 3 STOREY 98 UNrr Bs� _ i)' fi III GH DE ITT RESIPEHIIM - RE3-3 TONE Z 6 L� _ E]IS1WG FrtILOhlG 1.Ft,i HG, F LLJ LY] H.P. PRCiBRtt _al. _ rsLf�CsJ.wCF •�7 ' Z. I '�EA7GI rv�. M1i rlf'i�iiilRL+4T�wLC 6 � P I E SurfcE PrasNc s=cn — — — — — � J ILII I _ � I 1 Fcere eeE R llnf c`f 1CniF a?ri�F •rfn�.vrux e. Lu rvu r_.n iBL ZIAUdI MR:am MSCf TrtR[1 SFT K EN fn. MG wlAt4111Y 15£W I E - - -- -- lin FROiIn LOW-FaF RFS EOri RBL �Q'... ] 19451 rvPRA SOM Ei - I Sm Mw% F[kraMG hF 00 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. 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 Building Guidelines The proposed development has also been reviewed for compliance with the City's Design for Tall Buildings Guidelines. The objective of this document is to: achieve a positive relationship between high-rise buildings and their existing and planned context; create a built environment that respects and enhances the city's open space system, pedestrian and cyclist amenities and streetscapes; create human -scaled pedestrian -friendly streets, and attractive public spaces that contribute to livable, safe and healthy communities; promote tall buildings that contribute to the view of the skyline and enhance orientation, wayfinding and the image of the city; promote development that responds to the physical environment, microclimate and the natural environment including four season design and sustainability; and, promote tall building design excellence to help create visually and functionally pleasing buildings of architectural significance. The proposed development concept has been reviewed with these objectives in mind. 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 11 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 `Medim Density Commerical Residential', as shown on the attached Schedule `A'. 11 Page 246 of 355 APPENDIX 1 NOTICE OF PUBLIC MEETING for a development in your neighbourhood 93-99 Benton Street and 39-43 St. George Street Concept Drawing Mixed Use 13 Storeys Attachment "A" DSD -2023-428 R R Have Your Voice Heard! Planning & Strategic Initiatives Committee Date: December 4, 2023 Location: Council Chambers, Kitchener City Hall 200 King Street West orVirtual Zoom Meeting lb 43 Car Et 92 Bicycle Parking Spaces Co to kitchener.ca/meetings and select: Current agendas and reports (posted 10 days before meeting) Appear as a delegation • Watch a meeting To learn more about this project. including information on your appeal rights, visit: www.kitchener.ca/ PlanningApplicatlons Or Contact: Eric Schneider, Senior Planner enc.schneider..i 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 b.vo-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 dwelling units on the upper Floors. A total of 43 parking spaces are proposed. 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 CITY OF KITCHENER OFFICIAL PLAN AMENDMENT TO MAP 11 I) CEDAR HILL NEIGHBOURHOOD SECONDARY PLAN Low Rise Conservation wLow Rise Multiple Residential N Low Density Multiple Residential i Medium Density Multiple Residential '`• �•��` High Density Multiple Residential • .;; . - ... ` r. ..` ii - Medium Density Commercial .. *� f 5 ;; sT Residential r ... '5. ®High Density Commercial Residential ��' • :F0,4,' _ i ,f :,'� ® Community Institutional `; . • �S� ff-_ - - Neighbourhood Park Boundary of Secondary Plan = Special Policy Area = = = Primary Arterial Road - Q�; Secondary Arterial Road s - Major Collector Road > _ _ - Area of Amendment •.�• _ From Medium Density Commercial Residential �� To Medium Density Commercial p '+ Residential �~ • �� -%: With Special Policy Area 9 SCHEDULE 'A' 0 100 1000249553 ONTARIO INC. METRES SCALE 1:4,000 93-99 BENTON ST; 39-43 ST. GEORGE ST DATE: MAY 24, 2023 REVISED: OFFICIAL PLAN AMENDMENT OPA23/008/B/ES ZONING BY-LAW AMENDMENT ZBA23/012/B/ES City of Kitchener FILE OPA23008BES_MAP11 DEVELOPMENT SERVICES DEPARTMENT, PLANNING mxd 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. D 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 J5H 169 U/�Q O� D- P -2 R-8 M -2 R MU -3 MU -2 507R 513R 5 3R 397 1 CR -2 517R 44OU N CR -1 C 786R 98H E 85 CR -1 - -130R CR -1 20 �0 _ 1 MAP NO. 1 0 50 100 METRES 1000249553 ONTARIO INC. SCALE 1:4,000 93-99 BENTON ST; 39-43 ST. GEORGE ST DATE: MAY 24, 2023 SUBJECT AREA(S) N AMENDMENT TO BY-LAW 85-1 AREA 1 - FROM COMMERCIAL RESIDENTIAL TWO ZONE (CR -2) WITH SPECIAL REGULATION PROVISION 136R TO COMMERCIAL RESIDENTIAL TWO ZONE (CR -2) WITH SPECIAL REGULATION PROVISION 136R AND SPECIAL REGULATION PROVISION 807R AND HOLDING PROVISION 112H BY-LAW 85-1 CR -1 COMMERCIAL RESIDENTIAL ONE ZONE CR -2 COMMERCIAL RESIDENTIAL TWO ZONE CR -3 COMMERCIAL RESIDENTIAL THREE ZONE CR -5 COMMERCIAL RESIDENTIAL FIVE ZONE D-1 RETAIL CORE ZONE D-2 EAST MARKET ZONE D-3 MARKET VILLAGE ZONE D-5 COMMERCIAL RESIDENTIAL ZONE E-1 EXISTING USE ONE ZONE 1-2 COMMUNITY INSTITUTIONAL ZONE MU -1 LOW INTENSITY MIXED USE CORRIDOR ZONE MU -2 MEDIUM INTENSITY MIXED USE CORRIDOR ZONE MU -3 HIGH INTENSITY MIXED USE CORRIDOR ZONE P-1 PUBLIC PARK ZONE P-2 OPEN SPACE ZONE P-3 HAZARD LAND ZONE R-5 RESIDENTIAL FIVE ZONE R-6 RESIDENTIAL SIX ZONE R-7 RESIDENTIAL SEVEN ZONE R-8 RESIDENTIAL EIGHT ZONE R-9 RESIDENTIAL NINE ZONE SCHEDUL 1 IN P-1 ZONE GRID REFERENCE V SCHEDULE NO. 85 OF APPENDIX'A' _2 R- KITCHENER ZONING BY-LAW 85-1 AND 2019-051 R- ZONE LIMITS ZONING BY-LAW AMENDMENT ZBA23/012/B/ES OFFICIAL PLAN AMENDMENT OPA23/008/B/ES City of Kitchener FILE ZBA23012BES_MAP1 DEVELOPME T SERVICES DEPARTMENT, PLANNING mxd NOTICE OF PUBLIC MEETING 1 for a development in your neighbourhood 93-99 Benton Street and 39-43 St. George Street IKITcFTNFR Concept Drawing KOW. IM NM r Have Your Voice Heard! Planning & Strategic Initiatives Committee Date: December4,2023 Location: Council Chambers, Kitchener City Hall 200 King Street West arVirtual Zoom Meeting Mixed Use 13 Storeys 43 Car 8 92 Bicycle Parking Spaces Go to kitchener.ca/meetings and select: • Current agendas and reports (posted 10 days before meeting) • Appear as a delegation • Watch a meeting To learn more about this project, including information on your appeal rights, visit: www.kitchener.ca/ PlanningApplications or contact 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 Floorspace Ratio of 5.1, ground floor commercial space, and 99 dwellinEpgben2 45wrg5a Atotal 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 comment(s)/condition(s): A) That any Education Development Charges shall be collected prior to the issuance of a building permit(s). If you require any further information, please contact me by e-mail at Jordan.Neale@wcdsb.ca. Thank you, Jordan Neale Planning Technician, WCDSB 480 Dutton Dr, Waterloo, ON N2L 4C6 519-578-3660 ext. 2355 Page 255 of 355 Internal memo Development Services Department wmw.kitchener.ca Date: July 24, 2023 To: Eric Schneider From: Jason BrOI6 Subject: Zoning By-law Amendment and Official Plan Amendment Application Ideal Capital Limited 93-99 Benton Street and 39-43 St. George Street, Kitchener ZBA 23/012/B/ES OPA 23/008/B/ES 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, 2023. General Comments: Engineering is in support of the applications. Any comments below can be used to direct detailed design. Suggest having discussions with the Region of Benton Street due to their depth. Typical Regio need to be made all the way back to the mains. Sanitary: Waterloo for the service removals in Region of Waterloo requirement is that they 3. Proposed flows were verified in the City's model and indicate no impacts downstream of this development. 4. The City of Kitchener infiltration rate for sanitary is 0.15 Us/ha not the 0.25 Us/ha shown in the report. Further to that, all the Average Daily Flow design parameters are inconsistent with that of the City of Kitchener. Water (Angela Mick, Kitchener Utilities): 5. No issues for these applications. 6 For the site plan: the valve should be located on property line as it doesn't appear to be from the plan. It should be a tapping valve at the main as we will tap size on size. A more recent hydrant test should be completed as the one provided is from 2010. 7. Advisory comment: Any buildings over 84m tall require a second water service in accordance with Ontario Building Code section 3.2.9.7 (4). Storm and Stormwater Management: S. The report says that onsite infiltration isn't feasible due to building size and u/g parking. The plans show an area at the rear of the site (east corner) outside the building and u/g parking envelope that should be explored for potential infiltration of some of the retention volume. :. Note: SWM fees with respect to retention or quality are assessed and calculated in the year in which they are to be paid Page 256 of 355 Internal memo Development Services Department www.kitchener.ca 10. A more thorough review of the site SWM will be conducted with detailed design. Jason Brulk C.E.T. Engineering Technologist Page 257 of 355 City of Kitchener - Comment Form 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 1. Plans, Studies and/or Reports submitted and revieweclas_pprt of a complete application: • Sustainability Statement 93-99 Benton Street, MHBC, May 1, 2023 2. Comments & Issues: I 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 The use of existing servicing o Control measures to improve stormwater runoff quantity and quality o On-site secure bike parking promoting active transportation o Building orientation for southern exposure reducing heating requirements o Cool/light coloured roofing material t, 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: 11 Page Page 258 of 355 Why the use of a water conservation system or alternative water supply system is not proposed for this development Whether the building envelope (wall, roof, and window thermal performance) will be designed beyond OBC requirements Whether low -flush toilets will be considered Whether the sustainable sourcing of construction and building materials will be considered 3. Conditions of Site_ Plan Approval: a 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. 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 Travel Wise - http://www.sustainablewaterlooregion.ca/our-programs/travelwise). ➢ The 'Sustainability Statement Terms of Reference' can be found on the City's website under 'Planning Resources' at ... https://www.kitchener.ca/SustainabilityStatement Page 259 of 355 Region of Waterloo Eric Schneider Senior Planner City of Kitchener 200 King Street West, 6th Floor P.O. Box 1118, Kitchener, ON N2G 4G7 Dear Mr. Schneider, PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES Community Planning 150 Frederick Street 8th Floor Kitchener Ontario N2G 4,13 Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4466 www. reg ionofwaterloo.ca Melissa Mohr 1-226-752-8622 File: D17/2/23005 C114/2/23009 August 14, 2023 Re: Proposed Official Plan Amendment OPA 23/08 and Zoning By-law Amendment ZBA 23/012 93-99 Benton Street and 39-43 St. George Street MHBC Planning Inc. (C/O Trevor Hawkins and Juliane von Westerholt) on behalf of Ideal Capital Limited (C/O Daljeet Dhanesar) 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.Om 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. Major 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 Study 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: http://rmow.permitcentral.ca/PermitGroupAppIV?groupld=3 Document Number: 4455604 Version: 1 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 (PWalter(a�_regionofwaterloo.ca) via other methods at the time of submission. Corridor Planninq: 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 plan stage): Functional Grading: 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 Number: 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 Servicing: 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 the land dedication. 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.regionofwaterloo.ca/ePay/PDLS-Online-Payment-Forms/Commercial- Access- Perm it -App lication 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 ncroachments: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://rmow.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 ooling;including open -loop and closed-loop vertical borehole systems. A geothermal well does not include a horizontal system where construction or excavation occurs to depths less than five meters unless the protective geologic layers overlaying a vulnerable aquifer have been removed through construction or excavation. 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. Regional Cultural Heritage 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. Ho_usi_nq Services The following Regional policies and initiatives support the development and maintenance of affordable housing: • Regional Strategic Plan • 10 -Year Housing and Homelessness Plan • Building Better Futures Framework • Region of Waterloo Official Plan The Region supports the provision of a full range of housing options, including affordable housing. Should this development application move forward, staff recommend that the applicant consider providing a number of affordable (as defined in the Regional Official Plan) housing units on the site. Rent levels and house prices that are considered affordable according to the Regional Official Plan are provided below in the section on affordability. In order for affordable housing to fulfill its purpose of being affordable to those who require rents or purchase prices lower than the regular market provides, a mechanism should be in place to ensure the units remain affordable and establish income levels of the households who can rent or own the homes. Staff further recommend meeting with Housing Services to discuss the proposal in more detail and to explore opportunities for partnerships or programs and mechanisms to support a defined level of affordability. For the purposes of evaluating the affordability of an ownership unit, based on the definition in the Regional Official Plan, the purchase price is compared to the least ex ensive of: Housing for which the purchase price results in annual accommodation costs $385,500 which do not exceed 30 percent of gross 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 regional market area 'Based on the most recent information available from the PPS Housing Tables (2021). In order for an owned unit to be deemed affordable, the maximum affordable house price is $385,500. For the purposes of evaluating the affordability of a rental unit, based on the definition of affordable housing in the Regional Official Plan, the average rent is compared to the 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 income renter households A unit for which the rent is at or below the average market rent (AMR) in the regional market area $1,470 Bachelor: $950 1 -Bedroom: $1,134 2 -Bedroom: $1,356 3 -Bedroom: $1,538 4+ Bedroom: $3,997 'Based on the most recent information available from the PPS Housing Tables (2021) In order for a 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. and, 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. Next Steps: Please be advised that any future development on the lands subject to the above -noted application will be subject to the provisions of Regional Development Charge By-law 19- 037 or any successor thereof. Further, please accept this letter as our request for a copy of the decision pertaining to this application. Should you have any questions, please do not hesitate to contact me. Yours truly, Melissa Mohr, MCIP, RPP Senior Planner t 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 City of Kitchener Heritage — OPA/ZBA Comment Form Project Address: 93-99 Benton Street/39-43 St. George Street File Number: OPA23/008/B/ES & ZBA23/012/B/ES Comments Of: Heritage Planning Commenter's Name: Victoria Grohn 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 as 93-99 Benton Street/39-43 St. George Street to provide the comments outlined below: Application form dated March 2023; ■ Planning Justification Report prepared by MHBC Planning dated May 2023; • Urban Design Brief prepared by MHBC Planning dated May 2023; and ■ Architectural package prepared by ABA Architects dated March 10, 2023. Heritage Status The properties municipally addressed as 93-99 Benton Street/39-43 St. George Street ("subject lands") do not contain any designated or listed heritage resources under the Ontario Heritage Act. However, the subject lands are in close proximity to three properties on Benton Street (79, 83 and 112) 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) (90 Benton Street) which is designated under Part V 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. A City 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 to and/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 of the proposed building should take visual cues from the Cedar Hill Neighbourhood, and this should be reflected in the 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 to create a greater 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. Heritage 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 material sample board be provided for review and approval by Heritage Planning staff. A City for Everyone Working Together— Growing Thoughtfully — Building Community Page 270 of 355 City of Kitchener Zone Change / Official Plan Amendment Comment Form 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 ❑ 1 plan to attend the meeting (questions/concerns/comments for discussion) ❑x No meeting to be held ❑ I do NOT plan to attend the meeting (no concerns) 1. Documents Reviewed: I have reviewed the documentation noted below submitted in support of an OPA and ZBA 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 (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 Specific 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 parkettes. 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 Plgage fZ l of 355 City of Kitchener Zone Change / Official Plan Amendment Comment Form 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. 3_ Policies, Standards and Resources: Kitchener Official Plan City of Kitchener Park Dedication Bylaw 2022-101 and Park Dedication Policy • City of Kitchener Development Manual • Cycling and Trails Master Plan (2020) * Chapter 690 of the current Property Maintenance By-law Places & Spaces: An Open Space Strategy for Kitchener * Multi -Use Pathways & Trails Masterplan Urban Design Manual 4. Anticipated Fees: Parkland Dedication The parkland dedication requirement 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 PVQ' f 2 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 PVage f2�3 of 355 City of Kitchener Zone Change Comment Form 'Address: 93-99 Benton Street Owner: Application: OPA/ZBA Comments Of: Urban Design- Planning Commenter's Name: Pegah Fahimian Email: Pegah.fahimian@kitchener.ca Phone: 519-741-2200 Ext. 7342 Date of Comments: August 17, 2023 ❑ I plan to attend the meeting (questions/concerns/comments for discussion) ® No meeting to be held ❑ 1 do NOT plan to attend the meeting (no concerns) 1. Documents Reviewed: i Architectural Drawings by ABA Architects Inc. 4 Shadow Study by ABA Architects Inc. • Urban Design Brief- MHBC, May 2023 Wind Study - Pedestrian Level Wind- Boundary Layer Wind Tunn"e(-Laborato► City of Kitchener Zone Change Comment Form Urban Design Report: MHBC Physical separation: 40 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 Design: 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. A, - 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. A City for Everyone Working Together — Growing Thoughtfully — Building Community PVage �T5 of 355 OV; 01epi �aq 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. A City for Everyone Working Together — Growing Thoughtfully — Building Community PVage �T5 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 Design The tower should step back from its base a minimum of 3m along any street -facing elevations. 49 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. Amenity area • Required amenity space calculations are contained in the Urban Design Manual and include two parts — one for a general amenity area and one for children's play facilities in multiple residential developments. (2m2 x #units) + (2.5m2 x #bedrooms - #units) = outdoor amenity space. The Urban Design Brief should include text and conceptual images that demonstrate the 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 Form Streetscape: 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 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 z 7 of 355 City of Kitchener Zone Change Comment Form 4_ Comments on Submitted Documents 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 on the south side. Consider how best to create ccmpati biIity along Benton and St_ George Street wi h par ticu ar retard to neighbouring buildings. „% + For tall buildings with retail or other active uses at grade, provide a ground floor height of 4.5m (minimum) to permit a variety of retail types and activities. The building facades fronting Benton and St George Street should contain an appropriate amount of f/ glazing and articulation, particularly along the lower 5m where the bu,i,ding adck ses the sidewalk. The underground parking structure should have a sufficient setback from I the"property lines to accommodate the necessary soil volume to support required large,- tfkured, high -canopy trees. The location of residential and commercial garbage storage„�oacfing area° -and Passenger pick up /drop-off area should be noted on the site plan. The area between the building's face and the property`Ii"r e`shoOld be well integrated with the street and public realm to deliver high-quality, seamless private, semi -private and public spaces. Provide natural surveillance by employing high percents e."6f lazing, active uses at ground level and incorporating more units with windows and balconies on the main facade with views onto the street. The building's interface and relationshi`pwiih tf e street and adjacent properties should be thoroughly explored. 3 -bed units are desirable as they provide more living space for families. A higher percentage of these /%. units might help with community engagement. 4 Provide materiality and text ure'-shif hithe podium and across the towers and incorporate variations in tower setbacks from'the base to distinguish the tower form from the podium. * Residential and commercien al trances should be clearly identified and offer access from both the �a tea" o public realm°andthe'p�rivate parking side of the building. The proposed main entrance will be "2 further enhanced fo<create visual interest at the street edge. (For example, cantilevered entrance canopy, corrugated -metal panels and fritted glass. //„ Balconies may be s6ggerecl in a creative pattern to lighten the structure and provide private outdoors pace�fo"r the units. * AII, utifity locations, including the meter room and transformer room to be shown on the layout. Building -mounted or ground-based AC units should be located away from public view and fully screened. A City for Everyone Working Together — Growing Thoughtfully — Building Community Page f2 8 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' (1184ft2) 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. Parking supply analysis Page 279 of 355 The applicant is proposing to provide a total of 54 parking spaces for all uses (residential & commercial). The results of the zoning by-law analysis requirements in other 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. To assist 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 in the 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 GRT 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 of 54 spaces. 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(Qkitchener.ca Page 280 of 355 Eric Schneider From: Sent: Wednesday, July 19, 2023 2:38 PM To: Eric Schneider; ' Subject: Benton St George Development Attachments: ATT00013 This message is brought to you by Rogers Eric Please send me whatever you have on the proposed development so I can make comments before the meeting. Thanks Bob and Jill ROGERSTM ,410 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 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 Eric Schneider From: Allan Hendrickson -Gracie C• Sent: Thursday, July 27, 2023 2:41 FSM To: Fric 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 up. Katherine Hendrickson {Neighbour} 5, APPLICATION FOR DEVELOPMEN%- IN 1'DUR HBOURHOOD 93 gg i3 St. G" SEirer 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 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: Sent: To: Cc: Subject: Please confirm receipt- thank you! Sent from outlook for Android From: Katherine Bitzer Katherine Bitzer Saturday, August 12, 2023 10:54 AM Eric Schneider Debbie Chapman Fwd: 93-99 Benton Street and 39-43 St. George Street 1> Sent: Saturday, August 12, 2023 10:48:37 a.m. To: Debbie Chapman <Debbie.Chapman@kitchener.ca> Subject: 93-99 Benton Street and 39-43 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. I 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 has worked hard to preserve built heritage resources and green space in downtown Kitchener. I have grave concerns about the proposed development at the corner of Benton & St George streets: - families five in the existing buildings that are going to be torn down in favour of a tower with 1 and 2 bedroom 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? This 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 buildings and building a 12 - story (presumably concrete) tower? Will it be a net -zero build? We are all aware of the need to reduce our carbon footprint, particularly in the construction industry - the design and height of the proposed building is completely out of character with the existing neighbourhood. There 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 bay!) should also be off of Benton St -insufficient parking for the proposed number of units will 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 buildings (for a tower build) further contributes to the loss of Kitchener's character and cultural heritage, and will have a detrimental effect on the remaining built heritage resources on Benton Street. For the case of 83 Benton Street - it was the home of Conrad Bitzer, 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 pollution. Page 291 of 355 My family has already been 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 Benton Street through. Now there is opportunity to think creatively about the overall function and look of Benton 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 sixes, 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 Bitzer Sent from outlook for Android Page 292 of 355 Eric Schneider From: Chris Thiele ... Sent: Saturday, August 12, 2023 2:42 PM To: Eric Schneider; Debbie Chapman Subject: Re: 93-99 Benton Street Development Hi Eric, I apologize for the delay in getting back to you - thanks for the update. I'm interested in what the applicant has to say at the Aug/29 meeting. I'll do my best to listen in Best, Chris From: Eric Schneider <Eric.Schneider@kitchener.ca> Sent: August 4, 2023 11:13 AM To: 'Chris Thiele' - ;bie Chapman <Debbie.Chapman@kitchener.ca, Subject: RE: 93-99 Benton street Development Hello Chris, Yes, I have also heard directly from tenants who live on the subject lands as they have reached out to me by email and phone. I 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 time 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. Eric Schneider, MCIP, RPP Senior Planner I Planning Division I City of'Kitchener (5 19) 741-2200 ext 7843 1 'I"I'Y 1-866-969-9994 1 eric.schneiderQkitchener.ca 111111111 . SII 1 From: Chris Thiele Sent: Thursday, August 3, 2023 7:45 PM To: Eric Schneider <Eric.Schneider@kitchener.ca]; Debbie Chapman eDebbie.Chapman@kitchener.ca> Subject: Re: 93-99 Benton Street Development You don't often get email from christhiele@live.com. Learn why this is important Hi Eric, I appreciate you taking the time 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. 1 think we all need to know that either: 1. The people affected by this building 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 construction 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 street) Best, Chris From: Eric Schneider <Eric.Schneider@kitchener.ca> Sent: August 3, 2023 11:13 AM To: Debbie Chapman <Debbie.Chapman@kitchener.ca>; Chris Thiele Subject: RE: 93-99 Benton Street Development Hi Chris, thank you for providing comments on this development application. 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 some point, but that is a different property owner that will have a different development 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 isn'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 development 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 documents 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 That is unfortunate that you will be unable to attend the virtual neighbourhood meeting. In terms of a summary, a recording of the meeting will be available on the City's website 5-7 days after the meeting at kitchener.ca/planningapplications or https_//experience.arcgis,com/experience/bb2db3e6lbdO43209clfl6dl6a3cedOc/ Let me know if you have any other questions, Regards Page 294 of 355 Eric Schneider, MCIP, RPP Senior Planner I Planning Division I City of Kitchener (S19) 741-2200 ext 784 3 TTY 1-866-969-9994 1 eric.schneiderQkcitchener.ca o0900000moo From: Debbie Chapman <Debbie.Chapmaa@kitchener.ca> Sent: Wednesday, August 2, 2023 9:35 PAA To: Chris Thiele ; Eric Schneider eEric.Schneider@kitchener.ca7 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 be added to a mailing list and notified of any future meetings. Debbie Chapman, PhD Councillor, Ward 9 f City of Kitchener 0: 519-741-2200 ext. 2798 C: 226-752-7104 Debbie.Chapman@kitchener.ca a ED ONTO i 0"11 Customers can now connect with the City of Kitchener anytime by calling the 2417 Corporate Contact Centre at 519-741-2345 From: Chris Thiele Date: Wednesday, August 2, 2023 at 7:58 PM To: Eric Schneider <Eric.Schneider@kitchener.ca> Cc: Debbie Chapman eDebbie.Chapman@kitchener.ca> Subject: 93-99 Benton Street Development You don't often get email fro earn why this is important Hi 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, infinite suburban sprawl isn't effective (using Toronto as an example, and growing up in Mississauga) Why is this being built over existing housing? There 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 getting exceedingly difficult to get out of the neighborhood. Will there be blockages anywhere on St George street that may make it legally impossible for anyone who lives on 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 would 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 Eric Schneider From: Avery Swinkels . +m> Sent: Sunday, August 13, 2023 11:34 AM To: Eric Schneider Cc: Debbie Chapman Subject: Proposed Development: 39- 43 St. George/93-99 Benton Street Attachments: Proposed Development_ 39- 43 St. George_93-99 Benton Street (2).pdf ry.svAnkels@gmaII-com. Learn why this is important Dear Eric Scheeider, We are writing to you regarding the proposed development at 39-43 St. George Street and 93-99 Benton Street. We feel there are a number of issues to be addressed to help make the development fit in with the neighbourhood and positively impact both neighbours and residents of the development. We understand that this development 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 Hill Neighbourhood Group Page 297 of 355 Proposed Development: 39- 43 St, George/93-99 Benton Street Major Concerns Recommendations • Displaced residents of low-income housing . Displaced residents of low-income housing o Taking away low-income housing 34+ Residents o Offer current residents the same cost of rent ■ 24+ Adults and 10 Children once the building is complete with temporary ■ 3 Bedroom Units (7), 1 Bedroom Units (6) housing during build and/or assist current o It will be difficult for residents to find comparable rentals of similar residents in finding comparable housing (size size and cost anywhere in Kitchener and cost) o Many families live in the townhouses. Their children will likely need o Offer a percentage of rentals at affordable to relocate schools which is very difficult for them and their families rent • Building Height • Building Height n The number of floors is too high- not appropriate to put a 12 storey o 3-4 story townhouses or stacked townhouses building next to low density housing as it does not fit the ■ Click this link to see townhouse neighbourhood (See Cedar Hill and Schnieder Creek Secondary developments in the Cedar Pian below) Hill/Schneider Creek neighbourhood o All of the housing on St George and Hebel Place is 1-3 stories high a Decrease number of floors o Neighbouring houses to proposed development are ONLY two o Lower density housing stories high o Setbacks (Tiering) (ex: arrow lofts) ■ 45 St. George Street, 74-90 Benton Street o Building placement and design, including ■ Note: 87 Benton (3 story) is no longer there width of the upper floors should be The Arrow Lofts across the street are 8 storeys and are NOT next considered in reference to the impact of to 1-2 story homes, they also have set backs shade and preserving views Issues with view obstruction, shadows, privacy, etc. Page 298 of 355 Building Setbacks • Building Setbacks a Extremely limited setbacks proposed at 3 metres on Benton, 1.5 o Increase setbacks on St. George and Benton metres on St. George (especially since door access is proposed on to match aesthetics of neighbourhood and St. George Street) increase green space o On St. George Street the set -backs are over 5 metres Architectural Style and Cultural Heritage c Not consistent with styles found in Cedar Hill (See: Cedar Hill and Schneider Creek Secondary Plan ) Q: Can more detail be provided on the materials, colour palette, etc. proposed for use in the tower? o Q: Was increased density on the property explored, integrating the existing buildings into the development? o See screenshot below directly from the proposed application: townhouses. The eastsideispredominantly developed with 2 to 3 storey low rise dwellings including single detached, townhouses, and multiples. The Cedar Hill community has been identified as a cultural heritage landscape with the primary feature the Cedar Hill and the variety of architectural styles found in this neighbourhood. Vehicle Access o Vehicle access to surface parking on St. George Street (very close to intersection of St. George and Benton) o Increased traffic on St George Street and Hebel Place (one-way streets) Increased risk of accidents at intersection for vehicles and pedestrians 1-2 bedroom Suites o Offering only 1-2 bedroom suites excludes a range of individuals in the existing housing market: ■ Families ■ Multi -generational families ■ Families providing elder care • Residents riving in shared accommodation for reasons of affordability Architectural Style and Cultural Heritage o Consistent with architectural styles (front porches, peaked roof, etc), massing, and building materials in Cedar Hill Cedar Hill Cultural Heritage Landscape (CHL) o Design consistent with Victoria Park Heritage Conservation District and Arrow Lofts as noted to be a `gateway" feature on Benton o Look into changes in materiality to better fit neighborhood character (ie. brick) Vehicle Access o Change site plan so that vehicles can only access both underground and surface parking from Benton Street o Planning Justification Report describes "all -ways access" onto St. George which does not align with existing one way street, explore physically restricted Right -in -Right -out • 1-2 bedroom Suites Offer 3+ bedrooms suites in addition to 1 and 2 bedrooms Page 299 of 355 ■ Individuals working remotely and needing home office space • Limited Green Space for Residents • Limited Green Space for Residents 0 141 square metres is not enough green space for potential number o Provide increased green space to of residents accommodate residents and their pets o Existing shortage of park space in neighbourhood o Increasing building setbacks with green o Q: What are the city standards for green space related to space in front will help accommodate this developments and how are they enforced? issue Page 300 of 355 Eric Schneider From: Nowell Relatos . Sent: Monday, August 14, zuzs tub AM To: Eric Schneider Subject: 93 Benton St. Proposed rezoning You don't Often get email from OV this is important I hope this email finds you 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 families at a time when housing and rental prices in the Region are skyrocketing. Most of the families who live here are a stones 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 Relatos 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 z Page 303 of 355 ;�, f � � I F �` � �,�' �,� � _ .�, ,� � �, i _ +�+. C. � ��� ��� ��� �: t_ � •'y'l— _ _ � a � L- '� V Jim Gorham Page 305 of 355 Eric Schneider From: Crumbreon Sent: Friday, August 25, 2023 6:10 PM To: Eric Schneider Subject: Re: Opposition to application for development on 93-99 Benton/39-43 St George Street You don't often get email from -i why this is important I am planning on attending yes, thank you It's unfortunate because the ownership/developers have lied to our property management saying they have "no plans" on developing. It's very shady, considering the same company had no issues giving The Record their full plans in a news article. I could meet after work on Monday, but I work until bpm so I don't know if that would work for you. I appreciate the follow up though On Fri, Aug 25, 2023 at 6:01 PM Eric Schneider <Eric.Schneider kitchener,ca> wrote: Hello, Just wanted to check in with you again on this. The virtual neighbourhood meeting is next week on Tuesday. I have been in contact with the applicant in regards to their plan for current tenants but have been given slim information so far. I am continuing to dig and ask for more info. Let me know if you want to meet on site on Monday (28t') to discuss anything in advance of the neighbourhood meeting. I could come to the site in the afternoon that day. Eric Schneider, AICIP, RFP Senior Planner I Planning Division I City of Kitchener (519) 741-2200 ext 7 343 1 '1"FY 1-866-969-999+ 1 eric.schneiderQk-itchener.ca 000000000 From: Crumbreon - Sent: Monday, July /-,+, zuzi 8:02 PM i Page 306 of 355 To: Eric Schneider <Eric.Schneider kikitchener.ca> Subject: Opposition to application for development on 93-99 Benton/39-43 St George Street You don't often get email from. ! T_ , why this is important 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. 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 Eric Schneider From: Katie Pita Sent: Monday, August 28, 2023 12:55 PM To: Eric Schneider Subject: Application for Development 93-99 Benton and 39-43 St George - please reject �l You don't often get email from iv this is important Hello, 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 development 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. The current townhouse/apartments 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 time construction is complete, which is a huge disturbance to their lives and wellbeing. Furthermore, this would disrupt the community that lives and plays along St. George Street. St. George is common for walking traffic, especially families with young children and elderly people. There are common community events that start just past the intersection of Benton and St. George, with street art along the telephone poles and neighbourhood/street festivals throughout 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 no guarantee that the current level of foot traffic and community 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 income levels, inclining me to think that units 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 homelessness in the region. I would also like to point out that the current buildings at that address are very bright, colourful, and beautiful. They are a wonderful cornerstone of the neighbourhood 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 sunken 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 not 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) PhD Candidate, School of Environment, Resources, and Sustainability SE RS Councilor, Graduate Student Association University of Waterloo Page 309 of 355 Eric Schneider From: Sent: To: Subject: You don't often get email frorr, Hi there, Seth Winward Monday, August 28, 2023 4:27 PM Eric Schneider 93-99 Benton Street and 39-43 St. George Street Learn why this is important I was taking a walk and noticed a sign indicating that there is a development application for 93-99 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 theirfloor plans might suggest because so many units are deliberately kept 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 minority of people who actually 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 us housing we can afford. You would be benefitting the portfolios of the wealthy investors and developers who have created this housing crisis. As a planner for the city, you have some measure of power to oppose this 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 economical to build, functional, well connected to public transit, strictly rent -controlled, and actually affordable to someone making the minimum 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 among us and secondly the great bulk 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 my 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-rises 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, Seth W. Page 310 of 355 Eric Schneider From: Crumbreon w Sent: Tuesday, August 29, 2023 9:35 PM To: Eric Schneider Subject: Re: Opposition to application for development on 93-99 Benton/39-43 St George Street You don't often get email fron Learn why this is important am beyond disturbed with your comments on the meeting today. You consider the addition of 100 units, potentially 2 years from 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 ONE BEDROOM UNITS, 70 ONE BEDROOM UMTS, 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 bedroom in this new proposed structure, will be excessively expensive, compared to the required cap of 1500$ affordable 3 bedroom 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 overt he concerns of citizens - when you are not at ail addressing the actual issue, and instead using this cash -grab as an excuse to exacerbate and contribute to a growing emergency 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 Mon, Aug 28, 2023 at 3:00 PM Crumbreon f' wrote: Sounds good thank you On Mon, Aug 28, 2023, 2:00 p.m. Eric Schneider <Eric.Schneider@kitchener.ca> wrote: Hello, Sorry i cannot make it tonight, but I will see you at the Neighbourhood Meeting. After the meeting, we can meet in the next two weeks sometime. I can make another evening work. Eric. Schneider, XCIP, RPP Senior Planner I Plannuig Division I City of Kitchener (519) 741-2200 ext 7843 1 TTY 1-866-969-9994 1 eric.schneiderQkitchener.ca Page 311 of 355 Eric Schneider From: Sent: To: Subject: I You don't often get email from I Hello, Braden Cok Tuesday, August 29, 2023 11:04 PM Eric Schneider Planning questions Learn why this is important 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 city can't evict the campers in encampments on 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? Sure, adding more burden would slow new construction, but not having this responsibility seems to me to be the more extreme stance. 2. Renovict!ons 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 price 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 much room 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. On a semi-serious note, why are we so quick to evict these people, but so slow to play the eminent 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? A. Where's the missing middle? So much of Eastern Europe is 6-8 stories. The USA is covered in 5 over 1s. All the medium density stuff near here seems to be in Cambridge. Where's ours? I understand you'll pay +SO% per area for apartments compared to simpler smaller wood framed stuff, but where are the townhouses? Viva Towns down the street is the only example around here I can think of. That seems like a really good development! (Assuming they eventually add back all the trees they ripped out of the iron horse trail). It's weird to hear that 1. We're building way more apartments than anyone wants on Lancaster behind a Timmy's 2. We're building lots of high rises around downtown 3. Also, for some reason, we're building 25 single family homes in Hidden Valley? Hidden Valley would be such a perfect spot for some world class row houses. Also, that "master planned community" on Mill street could use some more variety in tems of *cough* gentle density... Actually nevermind, I'll stay on topic. My microphone, like everyone's, was on mute during that meeting. This means y'all didn't hear me call bullshit when the developer responded to "why are there so many 1- 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 Eric Schneider From: Sent: To: Subject: You don't often get email frorr. Good morning, Eric, Marlene1 23 deGroot- Maggetti Wednesday, August 30, 2023 8:44 AM Eric Schneider Benton/St. George application i. Learn why this is important Thanks again for the opportunity to comment about the proposed changes to a bylaw to allow for development at Benton and 5t. George Streets. I raised a question during the open discussion time of the meeting, comparing one -bedroom vs. affordable three- bedroom units. The answer I got gave interesting information about the comparative cost of renting these units. But I was wondering about the demand for these units. How much demand is there for market -value one -bedroom units compared to demand for affordable three-bedroom units? bo you have a sense as to how these compare? As you can tell, my concern is for the tenants in the present units who might be displaced if the city allows a bylaw change. Are we adding to the most pressing problem 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 deGroot-Maggetti (using Greg's device for the Zoom meeting) Page 314 of 355 I I EXISTING/BUILDING I^� EXISTING BUILDING H.P. - `----------------- - - ---- adUm�Inglafliu�k� 5.5m SETBACK FROM HYDRO POLES LINE I ST GEORGE ST. M N v � O oZ �O U OZ W CID ('7 011 �o Z Q IL Lu N v / ■010 O CV O CN O CN ,o 1.4 Page 315 of 355 EX.FIRE HYDRANT 7.62 m 20.96 m EX. CONC. SIDEWALK EX. 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