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HomeMy WebLinkAboutPSI Agenda - 2024-01-22Planning & Strategic Initiatives Committee Agenda Monday, January 22, 2024, 12:30 p.m. - 5:30 p.m. Council Chambers - Hybrid City of Kitchener 200 King Street W, Kitchener, ON N2G 4G7 People interested in participating in this meeting can register online using the delegation registration form at www.kitchener.ca/delegation or via email at delegation kitchener.ca. Please refer to the delegation section on the agenda below for in-person registration and electronic participation deadlines. Written comments received will be circulated prior to the meeting and will form part of the public record. The meeting live -stream and archived videos are available at www.kitchener.ca/watchnow. *Accessible formats and communication supports are available upon request. If you require assistance to take part in a city meeting or event, please call 519-741-2345 or TTY 1-866-969-9994.* Chair: Councillor P. Singh Vice -Chair: Councillor D. Chapman Pages 1. Commencement 2. Disclosure of Pecuniary Interest and the General Nature Thereof Members of Council and members of the City's local boards/committees are required to file a written statement when they have a conflict of interest. If a conflict is declared, please visit www.kitchener.ca/conflict to submit your written form. 3. Consent Items The following matters are considered not to require debate and should be approved by one motion in accordance with the recommendation contained in each staff report. A majority vote is required to discuss any report listed as under this section. 3.1 None. 4. Delegations Pursuant to Council's Procedural By-law, delegations are permitted to address the Committee for a maximum of five (5) minutes. All Delegations where possible are encouraged to register prior to the start of the meeting. For Delegates who are attending in-person, registration is permitted up to the start of the meeting. Delegates who are interested in attending virtually must register by 10:30 a.m. on January 22, 2024, in order to participate electronically. 4.1 Item 6.1 - Pierre Chauvin, MHBC Planning 4.2 Item 6.2 - Pierre Chauvin, MHBC Planning 4.3 Item 6.3 - Brandon Flewwelling, GSP Group 4.4 Item 6.4 - David Galbraith, Up Consulting 4.5 Item 6.4 - Nelson Chukwuma, Conestoga Students Inc. 5. Discussion Items 5.1 None. 6. Public Hearing Matters under the Planning Act (advertised) This is a formal public meeting to consider applications under the Planning Act. If a person or public body does not make oral or written submissions to the City of Kitchener before the proposed applications are considered, the person or public body may not be entitled to appeal the decision to the Ontario Land Tribunal and may not be added as a party to a hearing of an appeal before the Ontario Land Tribunal. 6.1 Official Plan Amendment Application 30 m 4 OPA23/019/H/TS, Zoning By-law Amendment Application ZBA23/034/H/TS, 485 Huron Road, Activa Holdings Inc., DSD -2024-028 (Staff will provide a 5 -minute presentation on this matter.) 6.2 Official Plan Amendment Application 60 m 41 OPA22/014/N/BB, Zoning By-law Amendment Application ZBA22/025/N/BB, 404-430 New Dundee Road, Klondike Homes Ltd., DSD - 2024 -023 (Staff will provide a 5 -minute presentation on this matter.) 6.3 Zoning By-law Amendment Application 60 m 190 ZBA20/003/N/AP, 448 New Dundee Road, Hayre Properties Inc., DSD -2023-402 (Staff will provide a 5 -minute presentation on this matter.) Page 2 of 476 6.4 Zoning By-law Amendment Application 120 m 291 ZBA19/003/P/KA, 86 Pinnacle Drive, A & F Greenfield Homes Ltd. and Rosu Developments Inc., DSD -2024-010 (Staff will provide a 5 -minute presentation on this matter.) 7. Information Items 7.1 None. 8. Adjournment Marilyn Mills Committee Coordinator Page 3 of 476 Staff Report J IKgc.;i' r� R Development Services Department www.kitchener.ca REPORT TO: Planning and Strategic Initiatives Committee DATE OF MEETING: January 22, 2024 SUBMITTED BY: Garett Stevenson, Director of Development and Housing Approvals, 519-741-2200 ext. 7070 PREPARED BY: Tim Seyler, Senior Planner, 519-741-2200 ext. 7860 WARD(S) INVOLVED: Ward 5 DATE OF REPORT: December 22, 2023 REPORT NO.: DSD -2024-028 SUBJECT: Official Plan Amendment Application OPA23/019/HITS Zoning By-law Amendment Application ZBA23/034/H/TS 485 Huron Road Activa Holdings Inc. RECOMMENDATION: That Official Plan Amendment Application OPA23/019/H/TS for Activa Holdings Inc. requesting the amendment of Special Policy Area 41 for the lands specified and illustrated as the "Area or Amendment" on Schedule `A', be adopted, in the form shown in the Official Plan Amendment attached to Report DSD -2024-028 as Appendix `A', and accordingly forwarded to the Region of Waterloo for approval; and That Zoning By-law Amendment Application ZBA23/034/H/TS for Activa Holdings Inc. be approved in the form shown in the `Proposed By-law' attached to Report DSD - 2024 -028 as Appendix `B'. REPORT HIGHLIGHTS: • The purpose of this report is to evaluate and provide a planning recommendation regarding the Official Plan Amendment and Zoning By-law Amendment applications for the subject lands located at 485 Huron Road. It is Planning staff's recommendation that the Official Plan and Zoning By-law Amendment Applications be approved. • The proposed amendments support the creation of a warehouse (self -storage) facility at the rear of the property. • Community engagement included: • circulation of a preliminary notice letter to property owners and residents within 240 metres of the subject site; • installation of a large billboard notice sign on the property; • Neighbourhood Meeting held on November 28, 2023; *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 4 of 476 • postcard advising of the statutory public meeting was circulated to all property owners and residents within 240 metres of the subject site; • notice of the public meeting was published in The Record on December 29, 2023. • This report supports the delivery of core services. EXECUTIVE SUMMARY: The owner of the subject lands addressed as 485 Huron Road is proposing to amend the Official Plan by amending Site -Specific Policy 41 to permit a warehouse use on the subject lands and to amend the zoning by adding a regulation to Site -Specific Specific Provision (119) to permit a warehouse (self -storage) use having a maximum gross floor area of 1,050 square metres. Staff are recommending that the applications be approved. BACKGROUND: Activa Holdings Inc. has made an application to the City of Kitchener for an Official Plan Amendment and a Zoning By-law Amendment proposing to permit a new warehouse (self - storage) use on the subject property. The lands are being developed along with the adjacent lands at 495 Huron Road. The property at 485 Huron Road has already received conditional site plan approval for a studio and office use at the front of the property along Huron Road. A minor variance application was approved by the Committee of Adjustment to permit a reduced side yard setback for the office use. The adjacent ten storey residential use is permitted and not subject to this application. The lands are designated `Commercial', within the City of Kitchener's Official Plan, and as previously noted the lands subject to these applications are designated as Commercial with Special Policy Area 41. The subject lands are currently zoned `General Commercial Zone (COM -2)' with Site -Specific Provision (119) in Zoning By-law 2019-051. Existing General Commercial Zone (COM -2) zoning permissions include: • Office • Retail • Restaurant • Health Clinic • Day Care Facility • Financial Establishment Site -Specific Provision (119) prohibits dwelling units on the property, as well as permits off-street parking, vehicular access, pedestrian access, amenity space, and other uses associated with or accessory to permitted uses on the adjacent lands zoned `MIX -3'. SITE CONTEXT: The subject site is a rectangular -shaped lot which has approximately 56 metres of frontage along Huron Road and has a lot area of 0.84 hectares. The subject site is currently vacant, however conditional site plan approval has been given for a proposed studio and office use at the front of the property, as shown of Figure 2 below. The surrounding neighbourhood consists of a residential ten storey apartment building that is currently conditionally approved to the west, employment uses to the east, natural Page 5 of 476 heritage conservation lands to the north, and lands that are designated mixed use to the South. The property wasrecently severed from the adjacent property at 495 Huron Road, and the lands to merear of the property that are designated 'Natural Heritage Conservation'. A shared access easement was also approved by the Committee O Adjustment, in order for both 485 and 495 Huron Road to shat an access, as well as providing access to the adjacent lands to the ream SUBJECT AREA � > •rd Figur 1 -Location Map: 485 Huron Road Page 6 0 476 Figure 2 — Conditionally approved Site Plan REPORT: The applicant is proposing to develop the rear of the subject lands with a warehouse (self - storage) facility. The self -storage facility would be 1 storey and would have approximately 1,050 square metres of floor area. Page 7 of 476 � yH„ aaa -x M�� �+, pow2.2" r�•Iq MID NWApPA'i� wuWW& x.AW RakAwl � WYMYOifYIN M1Y m I'i IA a� 19 �� 4 �y ry Figure 2 — Conditionally approved Site Plan REPORT: The applicant is proposing to develop the rear of the subject lands with a warehouse (self - storage) facility. The self -storage facility would be 1 storey and would have approximately 1,050 square metres of floor area. Page 7 of 476 Y'I r'! II r) ry...liV'tt�m;% ISM; 1RQi;:l IXSUI W,TO ✓� VS'+ AJ llfl7 FI 4611 HURON ROAD Figure 3 — Development Concept Site Plan To facilitate the development of 485 Huron Road with the proposed development concept, an Official Plan Amendment and Zoning By-law Amendment are required to add a warehouse use to both the land use designation and zoning of the subject lands, as the existing Official Plan policies and Zoning By-law do not permit a warehouse use. The lands are currently designated `Commercial' in the Official Plan and zoned `General Commercial Zone (COM -2)' with Site -Specific Provision (119) in Zoning By-law 2019-051. The applicant is proposing to amend Section 15.D.12 Area Specific/Site Specific Policy Areas, Policy 15.D.12.41 c) by inserting the words ", including a warehouse use," after the words "Policy 15.D.5.16". The proposed Zoning By-law Amendment would amend Site Specific Provision (119) by adding clause c) `A warehouse (self -storage) use, to a maximum gross floor area of 1,050 Page 8 of 476 square metres, shall also be permitted'. An additional clause d) would also be added prohibiting geothermal wells. Planninci Analysis: Planning Act, R.S.O. 1990, c. P.13 25. Section 2 of the Planning Act establishes matters of provincial interest and states that the Minister, the council of a municipality, a local board, a planning board and the Tribunal, in carrying out their responsibilities under this Act, shall have regard to, among other matters, matters of provincial interest such as: f) The adequate provision and efficient use of communication, transportation, sewage and water services and waste management systems; g) The minimization of waste; h) The orderly development of safe and healthy communities; j) The adequate provision of a full range of housing, including affordable housing; k) The adequate provision of employment opportunities; p) The appropriate location of growth and development; q) The promotion of development that is designed to be sustainable, to support public transit and to be oriented to pedestrians; r) The promotion of built form that, (i) Is well-designed, (ii) Encourages a sense of place, and (iii) Provides for public spaces that are of high quality, safe, accessible, attractive and vibrant; s) The mitigation of greenhouse gas emissions and adaptation to a changing climate. These matters of provincial interest are addressed and are implemented through the Provincial Policy Statement, 2020, as it directs how and where development is to occur. The City's Official Plan is the most important vehicle for the implementation of the Provincial Policy Statement, 2020 and to ensure Provincial policy is adhered to. The Ministry of Municipal Affairs and Housing is proposing an integrated province -wide land use planning policy document, potentially replacing the Provincial Policy Statement and A Place to Grow: Growth Plan for the Greater Golden Horseshoe, with a singular Provincial Planning Statement (PPS) which is in draft form and not in effect at the time this report was prepared. Provincial Policy Statement, 2020: The Provincial Policy Statement (PPS) provides policy direction on matters of provincial interest related to land use planning and development. The PPS promotes efficient development and land use patterns, as well as accommodating an appropriate mix of affordable and market-based residential dwelling types with other land uses, while supporting the environment, public health and safety. Provincial policies promote the integration of land use planning, growth management, transit -supportive development, intensification, and infrastructure planning to achieve cost-effective development patterns, optimization of transit investments, and standards to minimize land consumption and servicing costs. Page 9 of 476 To support provincial policies relating to the optimization of infrastructure, transit and active transportation, the proposed designation and zoning facilitate a compact form of development which efficiently uses the lands, is in close proximity to transit options including bus transit and makes efficient use of both existing roads and active transportation networks. The lands are serviced and are in proximity to parks, trails and other community uses. Planning staff is of the opinion that the proposed applications will facilitate the development of an area 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 the warehouse use 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, in order to provide a focus for investments in transit and other types of infrastructure. Policies 2.2.1.4 states that complete communities will: a) feature a diverse mix of land uses, including residential and employment uses, and convenient access to local stores, services, and public service facilities; 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. Page 10 of 476 The Growth Plan supports planning for a complete community to meet the needs for daily living and providing convenient access to an appropriate mix of jobs, local services, public service facilities, and housing. Planning staff is of the opinion that the applications conform to the Growth Plan. The development of the subject lands with an accessory employment use within the City's delineated Built -Up Area, contributes to a complete community. Regional Official Plan (ROP): Urban Area policies of the ROP identify that the focus of the Region's future growth will be within the Built -Up Areas. The subject lands are designated Built -Up Area in the ROP. This neighbourhood provides for the physical infrastructure and community infrastructure to support the proposed warehouse use, including transportation networks, municipal drinking -water supply and wastewater systems, and a broad range of social and public health services. Regional policies require Area Municipalities to plan for a range of uses intended to accommodate the majority of the Region's growth and contribute to the development of employment areas within the Built -Up Area. Regional staff have indicated that they have no objections to the proposed applications and have requested to include a prohibition of geothermal wells within the amended zoning. (Appendix `D'). Planning staff are of the opinion that the applications conform to the Regional Official Plan. City of Kitchener Official Plan (OP) The City of Kitchener OP provides the long-term land use vision for Kitchener. The vision is further articulated and implemented through the guiding principles, goals, objectives, and policies which are set out in the Plan. The Vision and Goals of the OP strive to build an innovative, vibrant, attractive, safe, complete, and healthy community. Complete Community A complete community creates and provides access to a mix of land uses including, a full range and mix of housing, including affordable housing, recreation, commerce, community and cultural facilities, health care facilities, employment, parks, and open spaces distributed and connected in a coherent and efficient manner. A complete community also supports the use of public transit and active transportation, enabling residents to meet most of their daily needs within a short distance of their homes. Kitchener will be planned as a complete community that creates opportunities for all people to live, work and interact within close proximity. Planning for a complete community will aid in reducing the cost of infrastructure and servicing, encourage the use of public transit and active modes of transportation, promote social interaction, and foster a sense of community. The applicant is proposing to contribute to a complete community with a warehouse (self - storage) facility which is proposed to be 1,050 square meters in gross floor area. The warehouse use is designed to be at the rear of the property which is behind the conditionally approved office space that faces Huron Road. 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 Page 11 of 476 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 Community Node. Community Nodes are intended to provide for commercial uses with a mix of residential and institutional uses necessary to support and complete surrounding residential communities. Community Nodes primarily serve an inter -neighbourhood market and are intended to intensify, be transit -supportive and cycling and pedestrian -friendly. Staff is of the opinion that the proposed Official Plan Amendment and Zoning By-law Amendment Applications will support a development that not only complies with the City's policies for a Community Node but also contributes to the vision for a complete and more sustainable city. Lana Use The subject lands are designated `Commercial' with `Site -Specific Policy Area 41' in the City of Kitchener Official Plan. The `Commercial' designation is generally intended to provide a range of commercial activities and are intended to ensure that commercial activities are well distributed, accessible and able to respond to the needs of the City's residents, employees, businesses and visitors. Commercial lands will be sufficient in number, size and location to serve the existing and future population of Kitchener. 'Site - Specific Policy Area 41' prohibits dwelling units within the lands designated 'Commercial', and permits the full range of retail and commercial uses, save and except retail commercial centres and major office uses. Urban Design The City's urban design policies are outlined in Section 11 of the City's OP. In the opinion of staff, the proposed development meets the intent of these policies, specifically: Safety; Universal Design; Site Design; and Building Design. Safety — As part of the site plan approval process, staff will ensure Crime Prevention Through Environmental Design (CPTED) principles are achieved and that the site meets the Ontario Building Code and the City's Emergency Services Policy. Universal Design — The development will be designed to comply with Accessibility for Ontarians with Disabilities Act and the Ontario Building Code. Site Design, Building Design— The subject site is designed to have a development that will be developed at a scale that is compatible with the existing and planned built form for the surrounding neighbourhood. 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 proposed development is served well by public transit, with access to Grand River Transit Routes 16, and 33. The property is also located on an arterial road that can provide vehicular access to the warehouse use. Page 12 of 476 Sustainable Development Section 7.C.4.1 of the City's Official Plan ensures developments will increasingly be sustainable by encouraging, supporting and, where appropriate, requiring: a) compact development and efficient built form; b) environmentally responsible design (from community design to building design) and construction practices; c) the integration, protection and enhancement of natural features and landscapes into building and site design; d) the reduction of resource consumption associated with development; and, e) transit -supportive development and redevelopment and the greater use of other active modes of transportation such as cycling and walking. Development applications are required to demonstrate that the proposal meets the sustainable development policies of the Plan and that sustainable development design standards are achieved. Sustainable development initiatives will be further implemented at the site planning approval process through the detailed design review of the building. Proposed Official Plan Amendment Conclusions: The Official Plan Amendment Application requests that Section 15.D.12 Area Specific/Site Specific Policy Areas, Policy 15.D.12.41 be amended c) by inserting the words ",including a warehouse use,". Based on the planning analysis, staff is of the opinion that the proposed Official Plan Amendment represents good planning and recommends that the proposed Official Plan Amendment be approved in the form shown in Appendix "A". Proposed Zoning By-law Amendment (Zoning By-law 2019-051): The subject lands are zoned "General Commercial Zone (COM -2) with Site -Specific Provision (119) in Zoning By-law 2019-051. The existing `COM -2' zoning permits a wide range of commercial uses including: Office, Retail, Restaurant, Health Clinic, Day Care Facility, Financial Establishment, etc. Site -Specific Provision (119) prohibits dwelling units on the property, as well as permits off-street parking, vehicular access, pedestrian access, amenity space, and other uses associated with or accessory to permitted uses on the adjacent lands zoned `MIX -3'. The applicant has requested an amendment to Zoning By-law 2019-051 to amend Site Specific Provision (119) by adding clause c) `A warehouse (self -storage) use, to a maximum gross floor area of 1,050 square metres, shall also be permitted'. 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. Page 13 of 476 Staff offer the following comments with respect to the amendment to Site -Specific Provision (119): The purpose of this regulation is to permit a warehouse within the Commercial zone. Staff have reviewed the application and are satisfied that a warehouse (self -storage) facility would establish an accessory employment use that serves the surrounding residential neighbourhoods. The self -storage use, although not permitted within the Commercial zone by definition, is small in scale and does not generate excessive noise and traffic to the property. The specific maximum limit of gross floor area of 1,050 square metres is appropriate for the proposed size of the development while limiting any future expansion of the use on site. The use will also be at the rear of the property, with the conditional approved office/studio space buffering the warehouse use from street view. Proposed Zoning By-law Amendment Conclusions Staff is of the opinion that the proposed Zoning By-law Amendment Application to change the amend Site Specific Provision (119) represents good planning as it will facilitate the redevelopment of the lands with a warehouse (self -storage) facility that is compatible with the existing neighbourhood. Staff are supportive of the proposed development and recommend that the proposed Zoning By-law amendment be approved as shown in Appendix `B'. Department and Agency Comments: Circulation of the Official Plan and Zoning By-law Amendment Applications was undertaken in October 2023 to all applicable City departments and other review authorities. No major concerns were identified by any commenting City department or agency and any necessary revisions and updates were made. Copies of the comments are found in Appendix "D" of this report. The following Reports and Studies were considered as part of this proposed Official Plan Amendment and Zoning By-law Amendment: • Planning Justification Report Prepared by: MHBC Planning, September 2023 Community Input & Staff Responses 101 addresses (occupants and property owners) were circulated and notified 0 people/households provided comment Page 14 of 476 A City -led Neighbourhood Meeting was held on November 28, 2023 0��' "° � and 0 users logged on �������i� Staff did not receive any written responses with respect to the proposed development. A Neighbourhood Meeting was held on November 28, 2023 with no users logging on for the meeting. Planning Conclusions: In considering the foregoing, staff are supportive of the proposed Official Plan and Zoning By-law Amendment Applications to permit the development of a warehouse (self -storage) use at 485 Huron Road. Staff is of the opinion that the subject applications are consistent with policies of the Provincial Policy Statement (2020), conform to Growth Plan for the Greater Golden Horseshoe, the Regional Official Plan, and the City of Kitchener Official Plan and represent good planning. Planning staff are recommending that the applications be approved. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — Bill 109, More Homes for Everyone Act, 2022 introduced a requirement for a municipality to refund planning application fees if a decision is not made within a prescribed timeframe. Decisions on Zoning By-law Amendments, when combined with an Official Plan Amendment, are required within 120 days to retain planning application fees, for applications received after July 1, 2023. A decision must be made by Council prior to February 1, 2024 or the Planning Division must issue an application fee refund of $12,800.00, being 50% of the $25,600.00 Major Zoning By-law Amendment Application fee. The Planning Division does not have a funding source or budget for refunding planning application fees. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Council / Committee meeting. A large notice sign was posted on the property and information regarding the application was posted to the City's website in October of 2023. Following the initial circulation referenced below, an additional postcard advising of the statutory public meeting was circulated to all residents and property owners within 240 metres of the subject lands, and those responding to the preliminary circulation. Notice of the Statutory Public Meeting was also posted in The Record on December 29, 2023 (a copy of the Notice may be found in Appendix `C'). CONSULT — The proposed Official Plan and Zoning By-law Amendment Applications were circulated to residents and property owners within 240 metres of the subject lands on Page 15 of 476 October 25, 2023. In response to this circulation, staff received zero written responses from members of the public. PREVIOUS REPORTS/AUTHORITIES: • Planning Act, R.S.O. 1990, c. P.13 • Growth Plan, 2020 • Provincial Policy Statement, 2020 • Regional Official Plan • City of Kitchener Official Plan, 2014 • City of Kitchener Zoning By-law 2019-051 REVIEWED BY: Tina Malone -Wright — Manager of Development Approvals, Development and Housing Approvals Division APPROVED BY: Readman, Justin - General Manager, Development Services APPENDICES: Appendix A — Proposed Official Plan Amendment Appendix B — Proposed Zoning By-law Amendment Appendix C — Newspaper Notice Appendix D — Department and Agency Comments Page 16 of 476 Appendix "A" Proposed Official Plan Amendment AMENDMENT NO. ## TO THE OFFICIAL PLAN OF THE CITY OF KITCHENER CITY OF KITCHENER 485 Huron Road Page 17 of 476 INDEX SECTION 1 SECTION 2 SECTION 3 SECTION 4 APPENDICES APPENDIX 1 APPENDIX 2 APPENDIX 3 AMENDMENT NO. ## TO THE OFFICIAL PLAN OF THE CITY OF KITCHENER CITY OF KITCHENER 485 Huron Road TITLE AND COMPONENTS PURPOSE OF THE AMENDMENT BASIS OF THE AMENDMENT THE AMENDMENT Notice of the Meeting of Planning and Strategic Initiatives Committee of January 22, 2024 Minutes of the Meeting of Planning and Strategic Initiatives Committee — January 22, 2024 Minutes of the Meeting of City Council Page 18 of 476 Appendix "A" Proposed Official Plan Amendment AMENDMENT NO. ## TO THE OFFICIAL PLAN OF THE CITY OF KITCHENER## SECTION 1 — TITLE AND COMPONENTS This amendment shall be referred to as Amendment No. ## to the Official Plan of the City of Kitchener (2014). This amendment is comprised of Sections 1 to 4 inclusive. SECTION 2 — PURPOSE OF THE AMENDMENT The purpose of the Official Plan Amendment is to amend the Official Plan by adding wording to Policy 15.D.12.41 c) to also permit a warehouse use on the subject lands. SECTION 3 — BASIS OF THE AMENDMENT Planning Analysis Planning Act, R.S.O. 1990, c. P.13 25. Section 2 of the Planning Act establishes matters of provincial interest and states that the Minister, the council of a municipality, a local board, a planning board and the Tribunal, in carrying out their responsibilities under this Act, shall have regard to, among other matters, matters of provincial interest such as: f) The adequate provision and efficient use of communication, transportation, sewage and water services and waste management systems; g) The minimization of waste; h) The orderly development of safe and healthy communities; j) The adequate provision of a full range of housing, including affordable housing; k) The adequate provision of employment opportunities; p) The appropriate location of growth and development; q) The promotion of development that is designed to be sustainable, to support public transit and to be oriented to pedestrians; r) The promotion of built form that, (i) Is well-designed, (ii) Encourages a sense of place, and (iii) Provides for public spaces that are of high quality, safe, accessible, attractive and vibrant; s) The mitigation of greenhouse gas emissions and adaptation to a changing climate. These matters of provincial interest are addressed and are implemented through the Provincial Policy Statement, 2020, as it directs how and where development is to occur. The City's Official Plan is the most important vehicle for the implementation of the Provincial Policy Statement, 2020 and to ensure Provincial policy is adhered to. 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 Page 19 of 476 Appendix "A" Proposed Official Plan Amendment Provincial Planning Statement (PPS) which is in draft form and not in effect at the time this report was prepared. Provincial Policy Statement, 2020: The Provincial Policy Statement (PPS) provides policy direction on matters of provincial interest related to land use planning and development. The PPS promotes efficient development and land use patterns, as well as accommodating an appropriate mix of affordable and market-based residential dwelling types with other land uses, while supporting the environment, public health and safety. Provincial policies promote the integration of land use planning, growth management, transit -supportive development, intensification, and infrastructure planning to achieve cost-effective development patterns, optimization of transit investments, and standards to minimize land consumption and servicing costs. To support provincial policies relating to the optimization of infrastructure, transit and active transportation, the proposed designation and zoning facilitate a compact form of development which efficiently uses the lands, is in close proximity to transit options including bus transit and makes efficient use of both existing roads and active transportation networks. The lands are serviced and are in proximity to parks, trails and other community uses. Planning staff is of the opinion that the proposed applications will facilitate the development of an area 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 the warehouse use 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, in order to provide a focus for investments in transit and other types of infrastructure. Policies 2.2.1.4 states that complete communities will: a) feature a diverse mix of land uses, including residential and employment uses, and convenient access to local stores, services, and public service facilities; b) improve social equity and overall quality of life, including human health, for people of all ages, abilities, and incomes; 4 Page 20 of 476 Appendix "A" Proposed Official Plan Amendment 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 complete community to meet the needs for daily living and providing convenient access to an appropriate mix of jobs, local services, public service facilities, and housing. Planning staff is of the opinion that the applications conform to the Growth Plan. The development of the subject lands with an accessory employment use within the City's delineated Built -Up Area, contributes to a complete community. Regional Official Plan (ROP): Urban Area policies of the ROP identify that the focus of the Region's future growth will be within the Built -Up Areas. The subject lands are designated Built -Up Area in the ROP. This neighbourhood provides for the physical infrastructure and community infrastructure to support the proposed warehouse use, including transportation networks, municipal drinking -water supply and wastewater systems, and a broad range of social and public health services. Regional policies require Area Municipalities to plan for a range of uses intended to accommodate the majority of the Region's growth and contribute to the development of employment areas within the Built -Up Area. Regional staff have indicated that they have no objections to the proposed applications and have requested to include a prohibition of geothermal wells within the amended zoning. (Appendix `D'). Planning staff are of the opinion that the applications conform to the Regional Official Plan. City of Kitchener Official Plan (OP) The City of Kitchener OP provides the long-term land use vision for Kitchener. The vision is further articulated and implemented through the guiding principles, goals, objectives, and policies which are set out in the Plan. The Vision and Goals of the OP strive to build an innovative, vibrant, attractive, safe, complete, and healthy community. Complete Communi Page 21 of 476 Appendix "A" Proposed Official Plan Amendment A complete community creates and provides access to a mix of land uses including, a full range and mix of housing, including affordable housing, recreation, commerce, community and cultural facilities, health care facilities, employment, parks, and open spaces distributed and connected in a coherent and efficient manner. A complete community also supports the use of public transit and active transportation, enabling residents to meet most of their daily needs within a short distance of their homes. Kitchener will be planned as a complete community that creates opportunities for all people to live, work and interact within close proximity. Planning for a complete community will aid in reducing the cost of infrastructure and servicing, encourage the use of public transit and active modes of transportation, promote social interaction, and foster a sense of community. The applicant is proposing to contribute to a complete community with a warehouse (self -storage) facility which is proposed to be 1,050 square meters in gross floor area. The warehouse use is designed to be at the rear of the property which is behind the conditionally approved office space that faces Huron Road. 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 Community Node. Community Nodes are intended to provide for commercial uses with a mix of residential and institutional uses necessary to support and complete surrounding residential communities. Community Nodes primarily serve an inter -neighbourhood market and are intended to intensify, be transit -supportive and cycling and pedestrian -friendly. Staff is of the opinion that the proposed Official Plan Amendment and Zoning By-law Amendment Applications will support a development that not only complies with the City's policies for a Community Node but also contributes to the vision for a complete and more sustainable city. Land Use The subject lands are designated `Commercial' with `Site -Specific Policy Area 41' in the City of Kitchener Official Plan. The `Commercial' designation is generally intended to provide a range of commercial activities and are intended to ensure that commercial activities are well distributed, accessible and able to respond to the needs of the City's residents, employees, businesses and visitors. Commercial lands will be sufficient in number, size and location to serve the existing and future population of Kitchener. 'Site - Specific Policy Area 41' prohibits dwelling units within the lands designated `Commercial', and permits the full range of retail and commercial uses, save and except retail commercial centres and major office uses. Urban Desian Page 22 of 476 Appendix "A" Proposed Official Plan Amendment The City's urban design policies are outlined in Section 11 of the City's OP. In the opinion of staff, the proposed development meets the intent of these policies, specifically: Safety; Universal Design; Site Design; and Building Design. Safety — As part of the site plan approval process, staff will ensure Crime Prevention Through Environmental Design (CPTED) principles are achieved and that the site meets the Ontario Building Code and the City's Emergency Services Policy. Universal Design — The development will be designed to comply with Accessibility for Ontarians with Disabilities Act and the Ontario Building Code. Site Design, Building Design— The subject site is designed to have a development that will be developed at a scale that is compatible with the existing and planned built form for the surrounding neighbourhood. 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 proposed development is served well by public transit, with access to Grand River Transit Routes 16, and 33. The property is also located on an arterial road that can provide vehicular access to the warehouse use. Sustainable Development Section 7.C.4.1 of the City's Official Plan ensures developments will increasingly be sustainable by encouraging, supporting and, where appropriate, requiring: a) compact development and efficient built form; b) environmentally responsible design (from community design to building design) and construction practices; c) the integration, protection and enhancement of natural features and landscapes into building and site design; d) the reduction of resource consumption associated with development; and, e) transit -supportive development and redevelopment and the greater use of other active modes of transportation such as cycling and walking. Development applications are required to demonstrate that the proposal meets the sustainable development policies of the Plan and that sustainable development design standards are achieved. Sustainable development initiatives will be further implemented at the site planning approval process through the detailed design review of the building. Proposed Official Plan Amendment Conclusions: The Official Plan Amendment Application requests that Section 15.D.12 Area Specific/Site Specific Policy Areas, Policy 15.D.12.41 be amended c) by inserting the words ",including a warehouse use,". Based on the planning analysis, staff is of the opinion that the proposed Official Plan Amendment represents good planning and Page 23 of 476 Appendix "A" Proposed Official Plan Amendment recommends that the proposed Official Plan Amendment be approved in the form shown in Appendix "A". SECTION 4 — THE AMENDMENT The City of Kitchener Official Plan (2014) is hereby amended as follows: a) Amend Section 15.D.12 Area Specific/Site Specific Policy Areas, Policy 15.D.12.41 c) by inserting the words ",including a warehouse use," after the words "Policy 15.D.5.16". Page 24 of 476 Appendix "A" Proposed Official Plan Amendment APPENDIX 1 NOTICE OF PUBLIC MEETING NOTICE OF PUBLIC MEETING for a development in your neighbourhood 485 Huron Road Concept Site Ran Y 451 Hlave Your Voice Heard! Planning& Strategic Initiatives, Committee Date: )anuary 22, 2024 Location,- Council Chambers, Kitchener City Hall 200, King Street West, arVirtual Zoom Meeting Go to kitchen e nca/nn eeti n gs and select,. Cunent agendas arNd reports (posted 10 days befbre mieetinp) Appear as a delegation *Watch as rrieetirq To learn rnore about this proect, in6dudjnp inforniadon on your append riohts, visift XIg ,, vv PlanningApplications, or contract: '1,4"' Tim Seyter, Senior Planner (Si E, t n rn.seyte ki t:honer. a, fM' S19.741.2200, x7860 wa Concept Site Ran Y 451 Hlave Your Voice Heard! Planning& Strategic Initiatives, Committee Date: )anuary 22, 2024 Location,- Council Chambers, Kitchener City Hall 200, King Street West, arVirtual Zoom Meeting Go to kitchen e nca/nn eeti n gs and select,. Cunent agendas arNd reports (posted 10 days befbre mieetinp) Appear as a delegation *Watch as rrieetirq rhe City, of Kitchenerwill consider application is to arnend the, Official Plan and Zoning By-law for the, property located at 485 1­-iuron Road. ""['his, is to facilitate the development of a seff-storage warehouse use. Site-specffic provisions are beling, proposed to the, OfficiA Plan and Zoning By, -law to permit a warehouse Use on the property. Page 25 of 476 To learn rnore about this proect, in6dudjnp inforniadon on your append riohts, visift XIg www.kitchenerca/ PlanningApplications, or contract: 0 1� j Tim Seyter, Senior Planner (Si E, t n rn.seyte ki t:honer. a, S19.741.2200, x7860 rhe City, of Kitchenerwill consider application is to arnend the, Official Plan and Zoning By-law for the, property located at 485 1­-iuron Road. ""['his, is to facilitate the development of a seff-storage warehouse use. Site-specffic provisions are beling, proposed to the, OfficiA Plan and Zoning By, -law to permit a warehouse Use on the property. Page 25 of 476 Appendix "A" Proposed Official Plan Amendment APPENDIX 2 Minutes of the Meeting of Planning and Strategic Initiatives Committee — January 22, 2024 10 Page 26 of 476 Appendix "A" Proposed Official Plan Amendment APPENDIX 3 Minutes of the Meeting of City Council - DATE 11 Page 27 of 476 DSD -2024-028 Appendix "B" PROPOSED BY — LAW , 2024 BY-LAW NUMBER OF THE CORPORATION OF THE CITY OF KITCHENER (Being a by-law to amend By-law 2019-051, as amended, known as the Zoning By-law for the City of Kitchener — Activa Holdings Inc. — 485 Huron Road) WHEREAS it is deemed expedient to amend By-law 2019-051 for the lands specified above; NOW THEREFORE the Council of the Corporation of the City of Kitchener enacts as follows: 1. Section 19, Site -Specific Provision (119) of Zoning By-law 2019-051 is hereby amended by adding `c)' thereto as follows: C) A warehouse (self -storage) use, to a maximum gross floor area of 1,050 square metres, shall also be permitted. d) Geothermal wells are prohibited. PASSED at the Council Chambers in the City of Kitchener this day of 2024. Mayor Clerk Page 28 of 476 NOTICE OF PUBLIC MEETING for a development in your neighbourhood 485 Huron Road Concept Site Plan (Sel.f rage) Have Your Voice Heard! Planning & Strategic Initiatives Committee Date: January 22, 2024 Location: Council Chambers, Kitchener City Hall 200, King Street West o Virtual Zoom Fleeting Go to kitchener.ca/meetings and select: • Current agendas and reports (posted 10 days before meeting) • Appear as a delegation • Watch a meeting To learn more about this project, including information on your appeal rights, visit: www.kitchenenca/ PlanningApplications or contact: Tim Seyler, Senior Planner ti m.seyler@ kitchener.ca 519.741.2200 x7860 The City of Kitchener will consider applications to amend the Official Plan and Zoning By-law for the property located at 485 Huron Road. This is to facilitate the development of a self -storage warehouse use. Site-specific provisions are being proposed to the Official Plan and Zoning By-law to permit a warehouse use on the property. Page 29 of 476 Tim Seyler, MCIP. RPP Senior Planner DSD — Planning Division City of Kitchener 200 King Street W. Kitchener, ON N2G 4G7 Dear Mr. Seyler: Post Circulation Comments OPA 23/019/H/TS ZBA 23/034/HITS Activa Holdings 485 Huron Road CITY OF KITCHENER PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES Community Planning 150 Frederick Street 8th Floor Kitchener Ontario N2G 4,13 Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4466 www.reedionofwaterloo.ca Shilling Yip (226) 753-1064 (C) Files: D17-40/2/23019 C14-60/2/23034 December 21, 2023 Region staff has reviewed the above -noted applications and provides the following comments for your consideration at this time. The owner is proposing to construct a new self -storage building (warehouse use) at the rear of the property. An official plan amendment (special policy area) is required to permit the warehouse use within the Commercial land use designation. A site specific zoning by-law amendment is also required in order to permit the use within the commercial COM -2 zone. The property recently received Committee of Adjustment approval for the severance of the property from the adjacent rear lands and 495 Huron Road (B2023-032 and 62023- 033). The property has also received Site Plan conditional approval for the office use a the front of the property. The lands are designated Urban Area "Built -Up Area" on Map 3a in the Regional Official Plan (ROP). Lands included within the Built -Up Area are intended to accommodate the Document Number: 4561329 Version: 1 Page 30 of 476 -2 - majority of the Region's growth within the time horizon of the ROP. This development will contribute to the intensification target within the Built -Up Area. Water Services No concerns. Hydrogeology & Water Programs (HWP) Geothermal Energy Systems The lands are designated Wellhead Protection Sensitivity Area 4 on Map 6a of the Regional Official Plan (ROP). The purpose of the designation and policies in Chapter 8 of the ROP is to protect the long term interests of the Region's municipal groundwater supplies. Per policy 8.A.14 of the ROP, geothermal energy systems are not permitted within the WHPSA 4. As such, a prohibition on geothermal energy systems as defined in the Regional Official Plan be included in the Zoning By-law amendment for the subject property. Salt Management Plan A Salt Management Plan (SMP) will be required at site plan. The Region received a SMP report for this site and adjacent 495 Huron Rd site (Stantec, December 5, 2023) on December 18, 2023. This report is being reviewed by staff. Noise Study A noise study has been completed and accepted for this subject and the adjacent site (495 Huron Road), and implementation has been secured in a registered agreement with the City of Kitchener (WR1549981, December 11, 2023). Terms of the agreement are applicable to this site. No further action is required at this time. Archaeology No comments. Proposed Zoning By-law Amendment As noted above under HWP comments, staff has requested that a prohibition on geothermal energy systems as defined in the Regional Official Plan be included in the Zoning By-law amendment for the subject property. Regional Development Charges Any future development on the subject lands will be subject to provisions of Regional Development Charges By-law 19-037 or any successor thereof. Other Staff acknowledges the Region's required OPA approval fee was received November 7, 2023. The ZBA application review fee is $3,000.00. This fee is outstanding. By copy of Document Number: 4561329 Version: 1 Page 31 of 476 this letter the applicant is asked to remit this fee directly to the Region (attention Shilling Yip). Region staff has no objection to proceeding with a City staff recommendation to Kitchener Council subject to the above -noted comments, and receipt of the outstanding ZBA review fee. If you have any questions, please feel free to contact me (226) 753-1064 (c). Yours truly, Shilling Yip, MCIP, RPP Senior Planner cc. Pierre Chauvin / Jennifer Gaudet, MHBC Planning Document Number: 4561329 Version: 1 Page 32 of 476 City of Kitchener ZBA Comment Form Project Address: 485 Huron Road Application Type: Zoning Bylaw Amendment & Official Plan Amendment Comments Of: Planning- Urban Design Commenter's Name: Rojan Mohammadi Email: Rojan.mohammadi@kitchener.ca Phone: 519-741-2200 ext:7326 Date of Comments: November 24, 2023 ❑ I plan to attend the meeting (questions/concerns/comments for discussion) ❑X No meeting to be held ❑ I do NOT plan to attend the meeting (no concerns) 1. Documents Reviewed: • Planning Jutification Report (September 2023), prepared by MHBC. • Conceptual Site plan 2. Site -Specific Comments & Issues: • Please ensure that the proposed storage complement the new developments on site regarding material and/or color. • All visible elements of a building including utilities (meters, conduits), HVAC are to be integrated into the design of the building and shown on elevation drawings as part of the building elevation approval process. • Snow storage location should be shown on the plan. • Bike storage area for class A and B should be shown on the plan. • Please identify waste storage area on the plan. City of Kitchener Page 33 of 476 Zoning By-law Amendment Comment Form Project Address: 485 Huron Road File Number: OPA23/019/H/TS & ZBA23/034/H/TS Date of Site Plan Review Committee Meeting: No meeting, email circulation Comments Of: Transportation Services Commenter's Name: Steve Ryder Email: steven.ryder@kitchener.ca Phone: (519) 7412200 x 7152 Date of Comments: November 24, 2023 1. Recommendation of Commenting Division: Official Plan Amendment: • Transportation Services has no objections or concerns to the proposed Official Plan Amendment (OPA) proposed for 485 Huron Road. Zoning By-law Amendment: • Transportation Services has no objections or concerns to the proposed Zoning By-law Amendment (ZBA) proposed for 485 Huron Road. • The applicant contracted a consultant to carry out a Traffic Impact Study (TIS) under the direction of staff from the pre -consultation stage. It should be noted that the TIS did not recommend any measures that would be needed to offset the traffic impact this proposed site would have on the roadway network. Page 34 of 476 City of Kitchener - Comment Form Project Address: 485 Huron Road Application Type: OPA/ZBA Comments of: Environmental Planning (Sustainability) — City of Kitchener Commenter's name: Raida Chowdhury Email: raida.chowdhury@Icitchener.ca Phone: 519-741-2200 ext. 7078 Written Comments Due: November 28, 2023 Date of comments: November 21, 2023 A sustainability statement was not a requirement for the OPA/ZBA. A sustainability statement was submitted at the time of the site plan application in 2022, and it is acceptable. There are no other concerns with the application. Page 35 of 476 Address: 485 Huron Road Owner: Activa Holdings Inc. Application: ZBA23/034/H/TS and OPA23/019/H/TS Comments Of: Parks & Cemeteries Commenter's Name: Lenore Ross Email: Lenore.ross@kitchener.ca Phone: 519-741-2200 ext 7427 Date of Comments: November 24, 2023 ❑ 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) No ZBA or OPA concerns. Detailed design will be reviewed at Site Plan application stage. Page 36 of 476 From: Planning <planning@wcdsb.ca> Sent: Wednesday, November 22, 2023 1:52 PM To: Tim Seyler <Tim.Seyler@kitchener.ca> Subject: RE: Circulation for Comment — 485 Huron Road (OPA/ZBA) Good Afternoon Tim, The Waterloo Catholic District School Board has reviewed the subject application and based on our development circulation criteria have the following comment(s)/condition(s): A) That any Education Development Charges shall be collected prior to the issuance of a building permit(s). If you require any further information, please contact me by e-mail at Jordan. Neale@wcdsb.ca. Thank you, Jordan Neale Planning Technician, WCDSB 480 Dutton Dr, Waterloo, ON N2L 4C6 519-578-3660 ext. 2355 Page 37 of 476 drninistrati n Centre: 400 y e fk),c a, �',(�). �>rx /29 (crrr)hrid(ly_,, U`d hd 113 `�W6 4. Rh4: in(.'°::r N 62 I 2/0 1 "F0 free( I ^4E,' 6 (.)00 4/,,,12 Fax; 19 021 4,S44 www,grar11C div r.ca Go n November 9, 2023 via email Tim Seyler, Senior Planner Planning Division, City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Tim Seyler, Re: Official Plan Amendment Application OPA23/019/H/TS Zoning By-law Amendment Application ZBA23/034/H/TS 485 Huron Road, Kitchener Activa Holdings Inc Grand River Conservation Authority (GRCA) staff have reviewed the above -noted application for the addition of warehouse (self -storage) as a permitted use on the subject lands. Recommendation Based on our review of the materials provided, we have no concerns with the approval of the above -noted applications. The GRCA has several outstanding comments to be addressed on the previously submitted site plan application(s) in order to confirm that they meet GRCA Policy. Please see below for our detailed comments. Documents Reviewed by Staff Staff have reviewed the following documents submitted with this application: • Planning Justification Report, prepared by MHBC Planning, dated September 2023. • Schedule `A,' prepared by City of Kitchener Development Services Department, Planning, dated October 20, 2023. GRCA Comments GRCA has reviewed the applications under the Mandatory Programs and Services Regulation (O.R. 686/21), including acting on behalf of the Province regarding natural hazards identified in Section 3.1 of the Provincial Policy Statement (PPS, 2020), as a regulatory authority under Ontario Regulation 150/06 and as a public body under the Planning Act as per our CA Board approved policies. Information currently available at our office indicates that the subject land contains the regulated allowance to the adjacent Strasburg Creek Provincially Significant Wetland Complex. As such, GRCA regulates a portion of the property under Ontario Regulation 150/06 (Development, Interference with Wetlands and Alterations to Shorelines and Watercourses Regulation). Any future development within the regulated area requires the prior issuance of a permit from GRCA under Ontario Regulation 150/06. The GRCA understands that the proposed Official Plan Amendment will add a Site Specific Policy Area to the subject lands to additionally permit self -storage (commercial use). The Zoning �.�ir�k�rr'�r Irl 1 r:n7 (,,rv,uhon h' nr:, rio, rr,hrrr s,,nting Orrt,',�iio�'s "r5 Ccrns.',,rv,�ilion yr.aCloi� it.ies I ihrr-> (_Iran(A Canadi<m i lr�ric rE.�a hirfr.:,ir Page 38 of 476 By-law Amendment is proposed to amend Special Provision 119 to add a self -storage use to the permitted uses on the subject lands with a proposed maximum ground floor area of 1,050 square metres. The GRCA does not object to the proposed OPA and ZBA. Please note, however, GRCA's recommendation of approval for these zoning bylaw and official plan amendment applications does not include support for the site plans, as previously circulated (SP22/128/H/TS, SP23/005/H/TS). We have several outstanding concerns that need to be addressed prior to our recommendation of approval of the site plan applications and for the issuance of any GRCA permits. The Planning Justification report states that "the stormwater management strategy maintains hydrological (surface water) and hydrogeological (groundwater) inputs into Strasburg Creek and associated wetland systems." The GRCA notes that there are outstanding comments to be addressed to confirm that there will be no impacts to the adjacent watercourse and wetland. However, we trust that those concerns can be addressed through the site plan process. For municipal consideration Please be advised that on January 1, 2023, a new Minister's regulation (Ontario Regulation 596/22: Prescribed Acts — Subsections 21.1.1 (1.1) and 21.1.2 (1.1) of the Conservation Authorities Act) came into effect. As a result, non -mandatory technical review services that the GRCA formerly provided under agreement with some municipalities (e.g., technical reviews related to natural heritage and select aspects of stormwater management) will no longer be provided. Consistent with GRCA's 2023 approved fee schedule, these applications are considered minor zoning by-law amendment and minor official plan amendment applications. The GRCA acknowledges receipt of the appropriate review fee of $465. A separate fee will be required for a GRCA permit for development in GRCAs regulated area. Refer to our site plan comments for permitting requirements. Should you have any questions, please contact the undersigned at cfosterpengelly@grand river. ca or 519-621-2763 extension 2319. Sincerely, I Wr Chris Foster -Pe elly, M.Sc. Assistant Supervisor of Resource Planning Engineering and Planning Services Attached: GRCA map of property Copy: Alex Sumner — Activa Holdings Inc., owner (via email) Pierre Chauvin — MHBC Planning Ltd., applicant (via email) Page 39 of 476 IL m E L o N 0 U () C7 K v t Q Q DoE Y2'- cEa. - a 50 Of (if co it N -O (6 O U Q a' O' O L T U) LL w = (� U =% x a a' N C7 N IL (n ❑ w a u s. m - a s - O c n Q Q>°> w w w w sg_ - U L rn rn rn w w Q ° cn O cn o O F a a a 1 u o c a s a d> co aa� w �m=o �9Qaa N Y a a a O N J J J J a m y= m N � LO sE�cm LL� O y Z U o m U S c 24-H uuuuuuuuuuum �� f j jl l�r% // r VIe l ////J r/�i yi"i � / ✓" �J, ///iii �" !/ � ' h � iVIIV,VIi �:: VVVVVVVVVV Iuuuluuuuii ' / i 1 r n � I r r in� i I i �la,l .Durr uM u�IIVV ,�,14y, r d4 HI P �O i Nil CD 0 /G// lr ✓ry ° 1/�i % i1�/ iv r r �i //�// �i r/ / .. !� J/ � /r11 /r' fA� ' � �`✓'�"01fy��Ofy�,�r�4 �l N ryq� / / '�� // /��/ v i 9�A�a✓uj// � P " f 1'i ro /�� Staff Report J IKgc.;i' r� R Development Services Department www.kitchener.ca REPORT TO: Planning and Strategic Initiatives Committee DATE OF MEETING: January 22, 2024 SUBMITTED BY: Garett Stevenson, Director of Housing & Development Approvals, 519-741-2200 ext. 7070 PREPARED BY: Brian Bateman, Senior Planner, 519-741-2200 ext. 7869 WARD(S) INVOLVED: Ward 4 DATE OF REPORT: December 29, 2023 REPORT NO.: DSD -2024-023 SUBJECT: 404-430 New Dundee Road Official Plan Amendment Application OPA22/014/N/BB Zoning By-law Amendment Application ZBA22/025/N/BB Klondike Homes Ltd. RECOMMENDATION: That Official Plan Amendment Application OPA22/014/N/BB for Klondike Homes Ltd. requesting a change from Low Rise Residential to Low Rise Residential with a site specific policy area on the parcel of land specified and illustrated on Schedule `A', be adopted, in the form shown in the Official Plan Amendment as Attachment "A", and accordingly forwarded to the Region of Waterloo for approval and; That Zoning By-law Amendment Application ZBA22/025/N/BB requesting to amend Zoning By-law 2019-051, for Klondike Homes Ltd. be approved in the form shown in the Proposed `Proposed By-law', and `Map No. 1' as Attachment `B'; and further; That the Urban Design Brief, prepared by MHBC and attached as Attachment "C", be adopted, and that staff be directed to apply the Urban Design Report through the Site Plan Approval process. REPORT HIGHLIGHTS: • The purpose of this report is to evaluate and provide a planning recommendation regarding Official Plan and Zoning By-law Amendment Applications for the properties located at 404-440 New Dundee Road. • It is Planning staff's recommendation that these applications be approved. The proposed applications represent an opportunity to intensify land with 160 stacked townhouse units that addresses a need regarding a shortage of housing in our community. Three estate -sized homes will be demolished. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 41 of 476 • Community engagement included: o circulation of a preliminary notice to property owners within 240 metres of the subject site; o installation of a large billboard notice sign on the property; o a neighbourhood meeting held in January 2023; o a meeting with Pearwood Court residents held February 2023; o follow up one-on-one correspondence with members of the public who responded to the circulation or saw the billboard sign; o notice advising of the statutory public meeting was circulated to all property owners within 240 metres of the subject site, and those who responded to the preliminary circulation, and o notice of the public meeting was published in The Record on December 29, 2023. • This report supports the delivery of core services. EXECUTIVE SUMMARY: Klondike Homes Ltd. is seeking Official Plan and Zoning By-law Amendments to permit the development of 160 multiple dwellings (stacked townhomes) with 186 parking spaces on four estate residential properties which are currently on private services. The subject property is identified as `Community Areas' on the City's Urban Structure (Map 2 - City of Kitchener Official Plan) and designated as `Low Rise Residential' (Map 3 - City of Kitchener Official Plan). A site-specific amendment is requested to permit a Floor Space Ratio (FSR) of 0.9 instead of the maximum permitted 0.6. The subject lands are zoned `Low Rise Residential One Zone (RES -1)' in Zoning By-law 2019-051 whereas `RES -5' with a site-specific provision is being requested for FSR and increased building height. Full municipal services will be provided to service the development proposal. Staff recommends that the applications be approved. REPORT: The subject lands are located within an estate lot residential enclave within the emerging and expanding urban developments of Doon South along the New Dundee Road corridor. The subject lands have a total area of approximately 2.5 hectares (6.2 acres) that comprise four large lots (see Figure 1) that are addressed as 404, 410, 424 and 430 New Dundee Road. One lot is vacant. Three of the four lots contain dwellings with accessory structures and many trees and vegetation. These structures are proposed to be demolished to accommodate the proposed development. Arrangements have been made between the property owners and Klondike Homes to relocate affected tenants. Access to the subject lands is currently obtained by several driveways coming from New Dundee. They back onto existing lots located on Pearwood Court and are flanked by a proposed residential re -development of the estate lot to the west (448 New Dundee Road) and an existing estate lot (398 New Dundee Road) to the east (see Figure 2). The subject lands have a frontage of approximately 147 metres along New Dundee Road (Regional Road 12). The property slopes from a high point opposite Pearwood Court to a low point along New Dundee Road. Surrounding land uses consist primarily of a variety of low-rise residential uses to the north, south and west and agricultural use being converted to industrial/commercial use to the south and on the opposite side of New Dundee Road. There are institutional and medium density residential uses nearby. Page 42 of 476 The proposed development (see Figure 3) intends to establish ten (10) stacked townhouse buildings containing a total of 160 residential dwelling units on the subject lands. Each building would contain sixteen (16) dwelling units. Access to the property is proposed through one full -movement access driveway from New Dundee Road that would connect to the internal private road system. Parking is provided at a rate of 1.15 parking spaces per dwelling unit, for a total of 186 parking spaces. All parking spaces are surface level, and secured indoor bicycle storage spaces are also proposed to be provided. Given the slope of the lands, there will be a 1.8 -metre -high retaining wall across the entire length of the northern property boundary, making the subject lands much lower than adjacent low rise residential uses. Through the circulation of the application there has been several key revisions made to plan in response to both staff and resident comments. These include: • An increased rear yard setback to just over 14 metres to improve compatibility and separation from Pearwood Court detached properties. 7.5 metres is required under typical zoning regulations. • A commitment to enhanced landscape buffer along the northern property boundary to provide screening. • A pedestrian connection to connect this development with the community. • Improved tree savings measures. The owner will be required to obtain Site Plan Approval if the proposed applications are approved. Figure 1 — Aerial Photo of Subject and Surrounding Lands (Onpoint) Page 43 of 476 Figure 2 — Lands under Planning Applications Page 44 of 476 I, r 1 rY 8 Dii, i r r'rG /r, e 1 1l 6 J u M,.1,�� PA dw PROJECT MTE ST TISMS 91IGF PIP IFA,, -1 S34 ho ..:.:........... _.......... ............................................................................. .................................... .................. .................................... d,Po4'�M y��1Pl. kiTao-�yl��'N"d�,ri Ih`Pv �� Nn n.�,are�r.w,limorN� Figure 3 — Conceptual Site Plan, November 2023 (MHBC) The existing three estate dwellings are currently serviced with private water and sewer services. To provide water services to the proposed development, an extension from the existing 200 mm diameter municipal watermain currently terminated at the intersection of Pinnacle Drive and New Dundee Road is proposed. A new 200 mm diameter water service connection is proposed to enter the site at the southeast corner and continue north into the property. Sanitary servicing for the proposed development is proposed by an extension of the municipal sanitary sewer that currently terminates at the intersection of Robert Ferrie Drive and New Dundee Road. A private storm sewer system will be installed on-site to collect runoff generated within the parking areas and adjacent landscaped areas. Runoff collected in these storm sewers will be directed to an OGS unit located within the southwest parking area which will then be Page 45 of 476 conveyed to a stormwater management detention area, followed by an end -of -pipe infiltration gallery. Approximately 0. 120 ha of land in the southwestern corner of the site has been planned for a stormwater management detention area. A separate clean water storm sewer system is proposed to collect the runoff generated on the building rooftops and direct it to a separate infiltration gallery, which will have an overflow connection to the on-site storm sewer. The runoff generated on the site will ultimately discharge to the north roadside ditch along New Dundee Road and onto Upper Blair Creek. Figure 5 — Proposed Renderings, Front (above), Side (Below, left) and Back (Below, right) (MHBC) As part of the proposed development, a 1.4 -metre -high retaining wall with fencing is proposed along the northern property line to buffer the proposed development from established residential lots and protect existing vegetation from grading associated with the proposed development (shown in Figure 3 above). The proposed retaining wall and landscaped buffer will improve the transition between the existing residential uses to the north and the proposed development by providing a visual landscaped buffer and protecting the existing mature trees along this property line. There is also a 14 -metre building setback proposed. Page 46 of 476 Figure 6 — Proposed Retaining Wall and Landscape Buffer Planning Analysis: Proposed Official Plan Amendment To accommodate the proposed development, an amendment to the Official Plan is requested to increase the permitted Floor Space Ratio (FSR) in the Low -Rise Residential land use designation. In this designation, the City's Official Plan states that the maximum permitted FSR is 0.6. Policy 15.D.3.11 states that site-specific increases to allow up to a maximum FSR of 0.75 may be considered without the need for an OPA, where it can be demonstrated that the increase is compatible and meets the general intent of the policies of the Official Plan. Given the sloping lands and grade change across the site, the redevelopment of the subject lands proposes a FSR of 0.9, thus an OPA is required. It is important to note here that the OPA is not requesting a change of land use but rather seeking a site-specific policy area to the existing Low Rise Residential designation to permit an increase in FSR to 0.9 from 0.6. Provincial, Regional, and City planning policy provide guidance that must be considered when evaluating changes in land use permissions as discussed below. 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 Page 47 of 476 carrying out their responsibilities under this Act, shall have regard to, among other matters, matters of provincial interest such as, d) The conservation of features of significant architectural, cultural, historical, archaeological or scientific interest; f) The adequate provision and efficient use of communication, transportation, sewage and water services and waste management systems; g) The minimization of waste; h) The orderly development of safe and healthy communities; j) The adequate provision of a full range of housing, including affordable housing; p) The appropriate location of growth and development; q) The promotion of development that is designed to be sustainable, to support public transit and to be oriented to pedestrians; r) The promotion of built form that, (i) Is well-designed, (ii) Encourages a sense of place, and (iii) Provides for public spaces that are of high quality, safe, accessible, attractive and vibrant; s) The mitigation of greenhouse gas emissions and adaptation to a changing climate. These matters of provincial interest are addressed and are implemented through the Provincial Policy Statement, 2020. The City's Official Plan is the most important vehicle for the implementation of the Provincial Policy Statement, 2020 and to ensure Provincial policy is adhered to. The Ministry of Municipal Affairs and Housing is proposing an integrated province -wide land use planning policy document, potentially replacing the Provincial Policy Statement and A Place to Grow: Growth plan for the Greater Golden Horseshoe, with a singular Provincial Planning Statement (PPS) which is in draft form and not in effect at the time this report was prepared. Provincial Policy Statement, 2020 The Provincial Policy Statement (PPS) provides policy direction on matters of provincial interest related to land use planning and development. Section 1.4.3 (d) of the PPS promotes densities for new housing which efficiently use land, resources, infrastructure, and public service facilities. The PPS 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. Planning staff is of the opinion that the proposed applications will contribute to an appropriate mix of housing types within the context of the surrounding neighbourhood. The subject lands are within an existing neighbourhood with adequate servicing capacity, road network capacity, and other required infrastructure and therefore represents a cost- effective infill project that minimizes land consumption and servicing costs. There are a Page 48 of 476 variety of low-rise residential uses throughout the immediate areas. Based on the above, 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. Policy 2.2.6.1(a) Municipalities will support housing choice through the achievement of the minimum intensification and 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. Policy 2.2.1.4(c) This plan will support the achievement to provide a diverse range and mix of housing options within the city. The proposed multiple dwelling residential development will provide a greater mix of housing types in the neighbourhood and. Planning staff is of the opinion that the development proposal conforms to the Growth Plan. Regional Official Plan (ROP): The subject lands are located in the "Urban Area" and designated "Built -Up Area" on Schedule 3a of the Regional Official Plan (ROP). Permitted uses of the Urban Area and Built -Up Area in the ROP include residential uses among others. In addition, the subject lands are designated Low Rise Residential in the City of Kitchener Official Plan. The Low Rise Residential designation permits residential uses. The ROP outlines a hierarchy of development based on Strategic Growth Areas, which include Urban Growth Centres, Major Transit Station Areas, Urban Corridors and Urban Nodes followed by gentle intensification within the Built -Up Area. The subject lands are located in the Built -Up Area. On April 11, 2023, the Minister of Municipal Affairs and Housing (MMAH) approved the Region of Waterloo's Regional Official Plan Amendment (ROPA) No. 6 with modifications. Section 1.6 of the Regional Official Plan establishes the overview of the Regional Planning Framework and Section 2.13.1 and 2.0 establish policies for the Urban System. Section 2.F of the Regional Official Plan establishes policies for annual intensification targets within the delineated Built -Up Area, which is set at 60% for the City of Kitchener. Furthermore, development in the Built -Up Area is intended to provide gentle density and other missing middle housing options that are designed in a manner that supports the achievement of 15 -minute neighbourhoods. Regional staff understand that the proposed development includes 160 residential units within 10 buildings that represents the missing middle housing form. Furthermore, Regional staff acknowledge that the subject lands are in proximity to a planned cycling route within the City of Kitchener, which can provide opportunities for walking, and cycling. Page 49 of 476 The subject lands are located north of a City of Kitchener employment area that is designated Business Park Employment in the City of Kitchener Official Plan. Regional staff understand that the existing and underlying use of the subject lands is residential and that the application is to permit a density increase of a sensitive land use and as a result, Regional staff have no objection to the application from a land use compatibility perspective. Regional staff have reviewed the study entitled "404-430 New Dundee Road Environmental Noise Study Revision 1, dated July 11, 2023" prepared by JPE Engineering. The report reviewed transportation noise from New Dundee Road (RR#12), Pinnacle Drive (local municipal street) and Highway 401. The report determined that the proposed development requires various control measures for multiple dwellings (e.g., designing the buildings with the provision of air conditioning and the installation of central air conditioning). In addition, the report has included preliminary assumptions to calculate the required special building components and has determined that the walls and windows meeting the minimum Ontario Building Code (OBC) standards will meet the indoor noise level criteria. Finally, the report recommends that that all the dwelling units be installed with Central Air Conditioning based on the worst-case scenario. Regional staff accept the conclusions and recommendations contained in the report subject to implementing the recommendations outlined in the report. Regional staff are reviewing the Functional Servicing Report entitled "404-430 New Dundee Road, Functional Servicing and Stormwater Management Report" prepared by MTE, dated August 19, 2022, revised September 6, 2023. Staff have not fully completed its assessment but is willing to support a Holding Provision. City staff have implemented the Holding Provision as part of the By-law attached to this report. It cannot be lifted until such time as the Region provides the City with its clearance to do so. The Transportation Impact Brief prepared by SBM, dated August 18, 2022, was reviewed and Regional staff accept the findings and recommendations contained in the report. An access permit will be required as a condition of site plan approval and the lefthand turn lane is to be constructed to Regional standards and paid for by the developer. Regional comments are provided in Attachment 'E' City of Kitchener Official Plan: Urban Structure The subject lands are identified as a `Community Areas' in the City's Urban Structure (Map 2). The planned function of Community Areas is to provide residential uses as well as non- residential supporting uses intended to serve the immediate residential areas. Community Areas may have limited intensification with development being sensitive and compatible with the character, form, and planned function of the surrounding context. Page 50 of 476 Land Use Designation The subject lands are designated `Low Rise Residential' in the City's Official Plan (Map 3). Low Rise Residential areas are intended to accommodate a full range of low-density housing types including single detached, semi-detached, townhouse, and low-rise multiple dwellings (i.e., stacked townhouses). The Low -Rise Residential designation states that the City will encourage and support the mixing and integrating of innovative and different forms of housing to achieve and maintain a low-rise built form. No buildings shall exceed 3 storeys or 11 metres in height. However, policy 15D.3.12 supports an increase in building height due to unusual slopes providing it is compatible with surrounding lands. Furthermore, because the subject lands are adjacent to a Regional Roadway, building heights up to 14 metres are supported in accordance with Policy 15D.3.13. To support the successful integration of different housing types, specifically multiple residential developments, through new development/redevelopment and/or residential intensification, within lands designated Low Rise Residential, Medium Rise Residential or High Rise Residential, the City will apply design principles in accordance with the Urban Design Policies in Section 11. An emphasis will be placed on a) compatibility of building form with respect to massing, scale, design; b) the relationship of housing to adjacent buildings, streets and exterior areas; c) adequate and appropriate parking areas are provided on site; and Section 16 Part D City of Kitchener Official Plan: A Complete & Healthy Kitchener 16-1 d) adequate and appropriate amenity areas and landscaped areas are provided on site. Therefore, an Official Plan Amendment is required only to allow an increase in the permitted FSR from 0.6 to 0.9 as a site-specific amendment to the existing Low Rise Residential designation. The proposed development intends to develop a low-rise stacked townhouses which are a form permitted in the Low Rise Residential designation. Moreover, the design, massing, and scale of the development is consistent with adjacent multiple dwelling and townhouse developments proposed along New Dundee Road further west. Given the site's location, it will also act as a buffer or transition to existing detached properties from employment areas situated along the opposite side of New Dundee Road. The conceptual site plan will function appropriately and are satisfied adequate parking and amenity space are provided. These details are captured in the Urban Design Brief attached to this report and to be used to guide a future site plan application. It is worth noting however that the increase in FSR is attributed to the fact that the subject lands are sloped thus exposing partially below grade ground floor area which must be factored in the FSR calculation. If the subject lands were flat, for example, then the FSR would be closer to 0.6. The slope of the subject land exposing more floor area is a technical consideration and therefore any impact is considered negligible, particularly given the fact that increased height of 4 storeys and massing will face New Dundee Road whereas 3 storeys will back onto Pearwood Court properties. As such, Planning staff is of the opinion that the requested Official Plan Amendment proposing an increase in FSR will facilitate a housing form that conforms with the Low - Rise Residential land use designation in the City's Official Plan for the reasons stated above. Page 51 of 476 Urban Design The City is committed to achieving a high standard of urban design, architecture, and place -making to positively contribute to quality of life, environmental viability and economic vitality. Urban design is a vital component of city planning and goes beyond the visual and aesthetic character of individual buildings and considers the functionality and compatibility of development as a means of strengthening complete communities. Urban Design policies in the 2014 Official Plan support creating visually distinctive and identifiable places, structures and spaces that contribute to a strong sense of place and community pride, a distinct character and community focal points that promote and recognize excellence and innovation in architecture, urban design, sustainable building design and landscape design. The City requires a high-quality urban design of development applications. The subject lands have been designed in accordance with the policies in the Official Plan and with the principles of the Urban Design Manual. These are outlined in the attached Urban Design Brief and will be used to direct the development through a future site plan application. Some of the key highlights are high quality design and construction, transit supportive development, positive streetscape edge and enhanced landscape design. The proposed development requires site plan approval and will be subject to further review. Housing The City's primary objective with respect to housing in the Official Plan is to provide for an appropriate range, variety and mix of housing types and styles, densities, tenure, and affordability to satisfy the varying housing needs of our community through all stages of life. This low-rise multiple dwelling proposal is a "missing middle" housing type and provides an option that bridges the gap between high density residential towers and single detached dwellings. The proposed housing type is an important segment in Kitchener's housing continuum. Policy 4.C.1.8 states that where special zoning regulations are requested, proposed, or required to facilitate residential intensification or a redevelopment of lands, the overall impact of the special zoning regulations will be reviewed, but not limited to the following to ensure, that: a) Any new buildings and any additions and/or modifications to existing buildings are appropriate in massing and scale and are compatible with the built form and the community character of the established neighbourhood. b) Where front yard setback reductions are proposed for new buildings in established neighbourhoods, the requested front yard setback should be similar to adjacent properties and supports and maintain the character of the streetscape and the neighbourhood. c) New additions and modifications to existing buildings are to be directed to the rear yard and are to be discouraged in the front yard and side yard abutting a street, except where it can be demonstrated that the addition and/or modification is compatible in scale, massing, design, and character of adjacent properties and is in keeping with the character of the streetscape. d) New buildings, additions, modifications, and conversions are sensitive to the exterior areas of adjacent properties and that the appropriate screening and/or Page 52 of 476 buffering is provided to mitigate any adverse impacts, particularly with respect to privacy. e) The lands can function appropriately and not create unacceptable adverse impacts for adjacent properties by providing both an appropriate number of parking spaces and an appropriate landscaped/amenity area on the site. Policy 4.C.1.9 states that residential intensification and/or redevelopment within existing neighbourhoods will be designed to respect existing character. A high degree of sensitivity to surrounding context is important in considering compatibility. Policy 4.C.1.12 notes 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. Policy 4.C.1.22 encourages the provision of a range of innovative housing types and tenures such as rental housing, freehold ownership and condominium ownership including common element condominium, phased condominium, and vacant land condominium, as a means of increasing housing choice and diversity. Staff is of the opinion this proposal satisfies Section 4 Housing policies. The re- development proposal incorporates appropriate vegetation buffers and has an enhanced rear yard setback to Pearwood Court properties to improve compatibility and mitigate impacts associated with proposed special regulations for height and FSR. Policy Conclusion The proposed use of land is permitted in the Low Rise Residential land use designation in the Official Plan. The proposed amendment is more a function of ensuring the design is appropriate and compatible, serviceable and any impacts associated with increased FSR/height can be mitigated. The conceptual plan is functional and serviceable. Compatibility has been achieved with a 14 -metre rear yard setback, reduced building massing through smaller blocks and a vegetation buffer to screen the development. Therefore, Planning staff are of the opinion that the proposed Official Plan Amendment Application is consistent with policies of the Provincial Policy Statement, conforms to the Growth Plan for the Greater Golden Horseshoe, the Regional Official Plan, and the City of Kitchener Official Plan, and represents good planning. Proposed Zoning By-law Amendment: The subject lands are currently zoned `Low Rise Residential One Zone (RES -1)' to reflect the estate lotting pattern of development that has existed for decades. With the emergence of adjacent expanding suburban development over the last 5 years, municipal services are now available to service these making these estate lots ideal for re- development. In anticipation of this occurring, the subject lands are already designated `Low Rise Residential' in the Official Plan to support their eventual redevelopment. The policy context has been discussed in the previous section of this report. In support of the proposal, `Low Rise Residential Five Zone (RES -5)' in Zoning By-law 2019-051 is being proposed. This zone permits the use of a multiple dwelling (i.e., Stacked townhomes) subject to meeting zoning and parking regulations. Given context, proximity to New Dundee Road — a Regional Roadway — the slope of the land and land use policy, the Page 53 of 476 applicant has requested site specific regulations. This is reflected as Site -Specific Provision (372) in the By-law attached to this report. The table below illustrates the zoning, parking, and bicycle regulations and whether the proposal complies. Justification is provided where a regulation is not being met and why. These are in bold. Page 54 of 476 Minimum Lot Area 495 m2 2.4ha Complies Minimum Lot Width 19.0 m 147 m Complies Minimum Front Yard Setback 4.5 m 8.4m Complies Minimum Interior Side Yard 3.0 m 5.4/5.9m Complies Setbacks Minimum Rear Yard Setback 7.5 m 14m Complies - This well exceeds the minimum to provide greater separation Maximum Height 11.0m 11.0 metres Due to the from the slope of the highest grade lands and how and height is approximately measured. 14.0 metres to Notwithstandin the lowest g this complies grade with policy 15.D. 3.12 of the OP that supports relief in height due unusual grade conditions and increase in overall building height next to Regional roads. Maximum Floor Space Ratio 0.6 0.9 Due to slope of lands and how FSR is calculated. Maximum Number of Storey's 3 4 OP policy supports increased building heights for properties located on a Regional roadway Minimum Landscaped Area 20% 52.3% Complies Minimum Parking Rate 1.0 / unit 1.05 / unit Complies Maximum Parking Rate 1.4 / unit 1.4 / unit Complies Total Parking Required 160 186 Complies Page 54 of 476 Visitor Parking Rate 0.15/unit or 24 0.10/unit or 16 186 parking spaces spaces spaces equates to a parking rate of 1.16 parking spaces per dwelling unit. The zoning regulations requires a min. of 1/unit plus 15% or 0.15 visitor allocation or 184 in total. Instead of allocating 15%, 10% is proposed meaning more parking would be allocated to resident arkin . Barrier Free Parking Rate 2 spaces 2 spaces Complies Class A Bicycle Parking 0.5 spaces/unit Not shown Requirement Class B Bicycle Parking 6 Not shown Requirement Planning Conclusions: In considering the foregoing, staff are supportive of the Zoning By-law Amendment Application. Staff is of the opinion that the subject application is consistent with policies of the Provincial Policy Statement, conforms to Growth Plan for the Greater Golden Horseshoe, the Regional Official Plan, and the City of Kitchener Official Plan and represents good planning. Staff recommends that the Zoning By-law Amendment Application be approved. The proposed application represents an opportunity to provide `missing middle' housing that addresses a need in our community. WHAT WE HEARD 10 people provided written comments ''����DJI�IIIIUIIVIIIo a� One (1) Neighbourhood Meeting and One (1) meeting held at MHBC offices with Pearwood Court residents were held 178 households were circulated and notified. Ad posted in the Record. Supporting documentation with updates posted on City's website Page 55 of 476 Department and Agency Comments: Preliminary circulation of the Zoning By-law Amendment was undertaken in December 2022 to applicable City departments and other review authorities. No major concerns were identified by any commenting City department or agency. Copies of the comments are found in Attachment `E' of this report. The following reports and studies were considered as part of this proposed Official Plan and Zoning By-law Amendments: • A Conceptual Site Plan for the subject property, prepared by MHBC Planning Ltd; • A Planning Justification Report, prepared by MHBC Planning Ltd.; • An Urban Design Brief, prepared by MHBC Planning Ltd.; • A Sustainability Statement, prepared by MHBC Planning Ltd.; • An Arborist Report/Tree Management Plan, prepared by WSP; • A copy of correspondence to the Region confirming the Region's scope for the EIS, and containing a summary of an Environmental Impact Brief; • An Environmental Noise Study, prepared by JPE Engineering, • A Scoped Transportation Impact Brief, prepared by Strik, Baldinelli, Moniz ltd. (SBM); • A Functional Servicing and Stormwater Management Report, MTE Consultants Inc.; and, • An Engineering Drawing Set, MTE Consultants Inc., containing: o An Existing Conditions Plan; o A Functional Grading and Stormwater Management Plan; and, o A Functional Servicing Plan Community Input and Staff Response: Staff received written responses form ten (10) residents with respect to the proposed development. These can be found in Attachment `F'. A summary of what was heard, and staff responses are noted below. What We Heard Staff Comment This proposal will exacerbate New Dundee Road is a Regional Roadway. traffic concerns along this Regional Roads are designed to carry large amounts section of New Dundee Road of traffic. especially given new developments that are under or The Region of Waterloo maintains a computerized soon to be constructed. model for the traffic network throughout the Region that includes all known development proposals that have been approved to ensure that they are addressing traffic impacts as needed. The Region also monitors signalized intersections to evaluate volume -to -capacity ratios, vehicle delay, and more to ensure that signal timing is optimized to reduce delay and help traffic flow as efficiently as possible. Page 56 of 476 Page 57 of 476 Typical of larger development proposals that are in excess of 100 units, a Traffic Impact Brief was submitted in support of the application at the request of the Region. Any terms of reference for the study are determined between the applicant/traffic consultant and the Region. The Brief has been reviewed and accepted by Regional staff as confirmed through correspondence received and attached to this report. Site Access and Safety The development proposes one access point to New Concerns Dundee Road. City Transportation Planning staff are satisfied with the location of the access from a site visibility perspective. However, since New Dundee Road is a Regional road, an access permit from the Region is required as a condition of Site Plan Approval. This is to ensure it meets the construction standards for ingress/egress vehicular purposes. A Traffic Impact Brief was undertaken for the development, and it identified the need to build a lefthand turning lane to improve safety and flow of traffic. This will be a requirement of the approval of the development. The Region is re -constructing this section of New Dundee Road in 2024 to bring the roadway up to urban standards including constructing a roundabout at Robert Ferrie Drive and New Dundee Road, as well as changing this section to a more urban profile with a slower design speed. Plans also include lowering the speed limit to improve safety. Not enough parking spaces are Required parking is being achieved. The proposed development is proposing 186 parking spaces for 160 dwelling units equating to a rate of 1.16 parking spaces (inclusive of visitor). The Zoning By-law requires a minimum of 1.15 parking spaces inclusive of visitorper dwelling unit. Exceptions to building height Official Plan policies 15D.3.12 and 15D.3.13 support and floor space ratio should not increases to building height based on two factors: 1. be granted Slope of land considerations and 2. Being located next to a Regional roadway. The slope of the land will result in exposing more building area thereby increasing the FSR ratio. In this instance, increased height and massing will face New Dundee Road and not towards existing residential areas. This, combined with a 14 metre rear yard setback, will mitigate the effects of those increases. Page 57 of 476 Development has poor Ideally, Regional plans to re -construct New Dundee walkability given no sidewalks Road should include sidewalks and/or multi -use trail planned on New Dundee Road but they are not as detailed design has been approved and tender underway. City staff had requested sidewalks be included. To address connectivity, however, the developer has worked with the adjacent property owner to have a walkway connection between developments so that pedestrians can connect with the community. The development is not Region and City OP policies support `missing middle' compatible with the surrounding forms of housing within established residential areas. area Stacked towns on a Regional road that transition to detached dwellings with a 14 -metre rear yard setback and vegetation buffer is considered compatible in the opinion of staff. Noise Concerns/impacts A Noise study was submitted in accordance with the Ministry of the Environment and Climate Change (MOECC) guideline called Environmental Noise Guideline - Stationary and Transportation Sources - Approval and Planning (NPC -300). The review and approval of this study lies with the Region of Waterloo who has delegated approval authority. Through correspondence received and attached to this report, Regional staff have advised City staff that they have no concerns with the findings of the study and that recommendations to mitigate noise are to be implemented through a Section 51 agreement with the Region. Property Values Impacts Planning staff are not able to predict the impact of a new development on property values. For assessment purposes, which is used to calculate taxes, MPAC assesses property based on up to 200 different factors including the size of lot and house, the quality of construction, as well as many others. The assessed value usually differs from the market value of a property, and market value is influenced by numerous factors as well. Loss of Trees An updated Tree management plan was submitted in support of the application in accordance with the City's Tree Management Policy. It identifies that a number of trees on-site will have to be removed due to grading and construction but a number of perimeter trees and along the frontage of the Page 58 of 476 property, will be retained. The plan has been reviewed and accepted by City staff. 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: There are no financial implications associated with this recommendation. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Council / Committee meeting. A large billboard notice sign was posted on the property and information regarding the application was posted to the City's website. Following the initial circulation referenced below, an additional courtesy notice of the public meeting was circulated to all property owners within 240 metres of the subject lands, those responding to the preliminary circulation and Notice of the Public Meeting was posted in the Waterloo Region Record on December 29, 2023 (a copy of the Notice in Attachment `D' CONSULT — The proposed Zoning By-law Amendment was originally circulated to property owners within 240 metres of the subject lands in November 2022. In response to this circulation, staff received written responses from 10 residents, which are included in Attachment `F'. A Neighbourhood Meeting was held on January 19, 2023, with a follow up meeting attended by Pearwood Court property owners with staff and the applicant/owner at MHBC offices in February 2023. PREVIOUS REPORTS/AUTHORITIES: • Zoning By-law 2019-051 • Official Plan, 2014 • Regional Official Plan, 2010 and ROPA 6 • Provincial Policy Statement, 2020 • Planning Act, 1990 • A Place to Grow Growth Plan, 2020 REVIEWED BY: Tina Malone -Wright, Manager of Development Approvals, Development and Housing Approvals Division APPROVED BY: Justin Readman - General Manager, Development Services ATTACHMENTS: Attachment A - Proposed Official Plan Amendment Attachment B - Proposed By-law and Map No. 1 Attachment C - Urban Design Brief Attachment D - Newspaper Ad Attachment E - Department and Agency Comments Attachment F - Community Consultation Comments Page 59 of 476 Page 60 of 476 AMENDMENT NO. XX TO THE OFFICIAL PLAN OF THE CITY OF KITCHENER CITY OF KITCHENER 404-430 New Dundee Road Page 61 of 476 AMENDMENT NO. TO THE OFFICIAL PLAN OF THE CITY OF KITCHENER minFY SECTION 1 TITLE AND COMPONENTS SECTION 2 PURPOSE OF THE AMENDMENT SECTION 3 BASIS OF THE AMENDMENT SECTION 4 THE AMENDMENT APPENDIX 1 Notice of the Meeting of Planning & Strategic Initiatives Committee of January 22, 2024 APPENDIX 2 Minutes of the Meeting of Planning & Strategic Initiatives Committee — January 22, 2024 APPENDIX 3 Minutes of the Meeting of City Council — February 12, 2024 Page 62 of 476 AMENDMENT NO. XX TO THE OFFICIAL PLAN OF THE CITY OF KITCHENER 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 and Schedule 'A'. SECTION 2 — PURPOSE OF THE AMENDMENT The purpose of this amendment is to add a site-specific Policy to the 2014 Official Plan to increase the maximum permitted density on the subject lands and to amend Map 5 Specific Policy Areas. The subject lands are located at 404 to 430 New Dundee Road. The subject lands are designated `Low Rise Residential' in the consolidated version of the 2014 City of Kitchener Official Plan. The Low Rise Residential designation encourages a range of low density housing, including street and cluster townhouse forms, at a maximum net density of 30 units per hectare and a maximum Floor Space Ratio (FSR) of 0.6 and up to 0.75 without an amendment to the Official Plan. An Official Plan Amendment is required to add a Site Specific Policy to the Low Rise Designation to permit a maximum Floor Space Ratio (FSR) of 0.9 prior to any development occurring on the lands. The subject lands are located in the Doon South Community and are identified in the 2014 Official Plan as being within the Doon South Specific Policy Area. The proposed development includes a low density residential development that will provide another form of low density housing within an established community. Existing Official Plan policies and ROPA 6 support stacked townhomes within established residential areas. Given the slope of the subject property and the way in which the City calculates Floor Space Ratio, an increase to 0.9 is required as the basement or the fourth level of blocks of townhomes is exposed at grade facing New Dundee Road. Policy 15.D.3.12 recognizes an increase in building height due to slopes but does not do the same with Floor Space Ratio, which is capped at 0.75 without an amendment to the City's Official Plan. As are result, this is viewed as a technical amendment because if the lands were not sloped and basements fully underground, the FSR would be less and in the 0.6 range. The proposal is consistent with the Provincial Policy Statement, conforms to the Growth Plan and complies with the Regional Official Plan and ROPA 6, as it promotes intensification within the built boundary, and a development that is transit- supportive, that maximizes the use of existing and new infrastructure, and assists in development of this area as a compact and complete community through the broad range of uses. Page 63 of 476 The 2014 City of Kitchener Official Plan is hereby amended as follows: a) Part D, Section 15.D.12 Area Specific/Site Specific Policy Areas is amended by adding new 15.D.12.65 thereto as follows: "15.D.12.65.- 404-430 New Dundee Road Notwithstanding the Low Rise Residential land use designation and policies, on lands municipally addressed as 404-430 New Dundee Road, the maximum permitted Floor Space Ratio will be 0.9. a) Part D, Section 15.D.12, Policy 15.D.12.4 is amended by added k) thereto as follows: 404-430 New Dundee Road k) Notwithstanding the Low Rise Residential land use designation and policies, on lands municipally addressed as 404-430 New Dundee Road, the maximum permitted Floor Space Ratio will be 0.9. Page 64 of 476 APPENDIX 1: Notice of the Planning & Strategic Initiatives Committee Page 65 of 476 APPENDIX 2: Minutes of the Planning & Strategic Initiatives Committee Meeting Page 66 of 476 APPENDIX 3 - Minutes of the Meeting of City Council Page 67 of 476 OF THE CORPORATION OF THE CITY OF KITCHENER (Being a by-law to amend By-law No. 2019-051, as amended, known as the Zoning By-law for the City of Kitchener — Klondike Investments Ltd. and Klondike Homes Ltd. — 404-430 New Dundee Road) WHEREAS it is deemed expedient to amend Zoning By-law 2019-051; NOW THEREFORE the Council of The Corporation of the City of Kitchener enacts as follows: 1. Zoning Grid Schedule Number 253 of Appendix "A" to By-law 2019-051 is hereby amended by changing the zoning applicable to the parcel of land specified and illustrated as Area 1 on Map No. 1 attached hereto, from Low Rise Residential One Zone (RES -1) to Low Rise Residential Five Zone (RES -5) with Site Specific Provision (372) and Holding Provision (49H). 2. Section 19 to By-law 2019-051 is hereby amended by adding Site Specific Provision 372 thereto as follows: "(372) Notwithstanding Section 7.3 of this By-law, for the lands zoned RES - 5, as shown on Zoning Grid Schedule 253 of Appendix "A", the following additional regulations shall apply: i) The maximum Floor Space Ratio (FSR) for the entire site shall be 0.9. ii) The maximum permitted building height shall be 13.5 metres and 4 storeys. iii) The minimum rear yard setback shall be 13.5 metres; and iv) The minimum required visitor parking for a multiple dwelling shall be 0.1 spaces per dwelling unit." 1 Page 68 of 476 "(49H) Notwithstanding Section 7 of this By-law, within the lands zoned RES -5 and shown as being affected by this subsection on Zoning Grid Schedule Number 253 of Appendix "A", only those uses that lawfully existed on the date of passing of this By-law shall be permitted until such time as a Functional Servicing and Stormwater Management report has been completed and implementation measures addressed to the satisfaction of the Region of Waterloo". 4. This By-law shall become effective only if Official Plan Amendment No. XX, 404- 430 New Dundee Road comes into effect, pursuant to Section 24(2) of The Planning Act, R.S.O. 1990, c. P.13, as amended. PASSED at the Council Chambers in the City of Kitchener this day of 2024. Mayor Clerk 2 Page 69 of 476 F— LU ❑ a LU ZLU z LU LU a w rn Q mi z LU 0 z z O z 0 W W O W J WZOIN �WNOa ZIN O ❑ m �N LU N Z Z ZO O Lu 0 : � N Q 2 Z IN O O J Z O ~ O W Q 1-7 LLJm IN m o O w Z g W �a Qo¢¢g¢¢a °J ❑ o Co m z ¢ > z ~> z z z z Z Cn LU 0-' Q Q J Z m Q o LLJ z of- ? 2Ewoo0ooz U r U) = �U N z J cn W CL U) ❑ oZcncncoU)U) ) OU z m Z O z to m �O 0 C�ofofofof�m UUZ Of� z ? 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Planning & Strategic Initiatives Committee Date: January 22, 2024 Location: Council Chambers, Kitchener City Hall 200, King Street West o Virtual Zoom Fleeting Go to kitchener.ca/meetings and select: • Current agendas and reports (posted 10 days before meeting) • Appear as a delegation • Watch a meeting To learn more about this project, including information on your appeal rights, visit: www.kitchenenca/ PlanningApplications or contact: Brian Bateman, Senior Planner brian.bateman@ kitchener.ca 519.741.2200 x7869 The City of Kitchener will consider applications to amend the City's Official Plan and Zoning By-law to add a site-specific policy and provision to allow an increase in the maximum permitted Floor Space Ratio (FSR) from 0.6 to 0.9, to allow a building height of up to 14 metres and to permit a visitor parking rate of 10% instead of the required 15% to facilitate the development of 160 stacked townhoufD8At&s wf bPbfaiti rospaces. City of Kitchener Official Plan Amendment & Zoning By-law Amendment Comment Form Project Address: 404-430 New Dundee Road File Number: OPA22/014/N/BB & ZBA22/025/N/BB Date of Meeting: No meeting Comments Of: Transportation Services Commenter's Name: Steve Ryder Email: steven.ryder@kitchener.ca Phone: (519) 7412200 x 7152 Date of Comments: January 13, 2023 ❑ I plan to attend the meeting (questions/concerns/comments for discussion) ❑ I do NOT plan to attend the meeting (no concerns) 1. Recommendation of Commenting Division: Transportation Planning staff has reviewed the submitted Official Plan Amendment and Zoning By-law Amendment applications (and supporting documents) for 404-430 New Dundee Road and offer the following comments and recommendations: • Transportation Services does not have any concerns with the proposed Official Plan Amendment (OPA); • The applicant is seeking to amend the Zoning By-law parking regulations to the following: 0 1.05 resident parking spaces per unit; 0 0.1 visitor parking spaces per unit; • The proposed amended parking rates for the proposed development (160 total units) result in the following parking space counts (shown in the site plan concept included with the traffic impact brief from SBM): o 186 total parking spaces; 0 168 of those spaces are allocated for residents (1.05 spaces per unit) 0 18 of those spaces are allocated for visitor parking (0.1 spaces per unit) • The sightline analysis completed notes that there are sufficient sightlines in both directions of New Dundee Road for both left- and right -turns out of the site access; o At least 250m of sight distance for left -turns (210m required at 100km/h design speed) o At least 500m of sight distance for right -turns (185m required at 100km/h design speed) A City for Everyone Working Together — Growing Thoughtfully — Building Community Page 103 of 476 The left -turn lane warrant (design speed 100km/h) analysis concludes that a left -turn lane with 30m of storage length is warranted for the proposed development on New Dundee Road; o If the design speed is reduced to 60 km/h, a left -turn lane is still warranted but with less storage length as only 25m is required; City of Kitchener Transportation staff recommendations: • Transportation Services staff can support the proposed Zoning By-law amendments related to parking regulations, as follows: o 1.05 resident spaces per unit; o 0.1 visitor spaces per unit; • Transportation Services recommends coordinating with the Region of Waterloo regarding a potential left -turn lane into the site being included as part of the design for the upcoming New Dundee Road re -construction in the future. 2. Conditions of Site Plan Approval in Principle: 0 N/A 3. Conditions of the S. 41 Development Agreement: ❑ Traffic Control Signs (2e) ❑ Special Condition(s): 4. Policies, Standards and Resources: o Urban Design Manual: o Barrier -free space standards: o https://www.kitchener.ca/en/resourcesGeneral/Documents/DSD PLAN UD 5.0 Access ibilitv Standards For The Built Environment. odf o Access to Roads: o https://www.kitchener.ca/en/resourcesGeneral/Documents/DSD PLAN UD 2.0 Access To Roads.pdf 5. Anticioated Fees: o N/A A City for Everyone Working Together — Growing Thoughtfully — Building Community Page 104 of 476 91 December 14, 2022 MTE Consultants Inc. Chelsea Dahmer 520 Bingemans Centre Drive Kitchener, ON N2B 3X9 Dear Ms. Dahmer Re: 404-430 New Dundee Road, ZBA22/025/N/BB 1St Submission ZBA Engineering Comments City of Kitchener Sanitary Servicing: 1) The sanitary design is acceptable. DEVELOPMENT ENGINEERING SERVICES Niall Melanson, C.E.T. Project Manager 200 King St. W. — 9th Floor Kitchener, ON N2G 4G7 Phone: (519) 741-2200 ext. 7133 TTY: 1 866 969-9994 niall.melanson@kitchener.ca www.kitchener.ca Water Servicing — Comments provided by Angela Mick with Kitchener Utilities: 2) Please provide a fire hydrant at the end of the municipal stub along New Dundee Road. 3) Please add a note to Section 3.2.1 documenting that the detailed design of the watermain extension will be completed under separate cover and will be coordinated with the City of Kitchener and the Region of Waterloo. Storm Servicing & Stormwater Management: 4) Detailed review of the SWM design will be reviewed during the Site Plan Application process. Please make the requisite revisions and resubmit one (1) copy of same for review at your earliest convenience. Sincerely, Niall Melanson, C.E.T. Project Manager SAGeneral\03-06-002 Site Plan Files\Site Plans\404-430 New Dundee Rd\ZBA22 025 N BB\1st Submission\404-430 New Dundee Road - 1st SuNsssi 19A Of 476 Engineering Comments.dom From: Mike Seiling Sent: Monday, December 12, 2022 9:07 AM To: Brian Bateman Subject: FW: Circulation for Comment - 404-430 New Dundee Road (OPA/ZBA) Attachments: 404-440 ND Rd. Agency Letter.pdf Building; no concerns. From: Christine Kompter <CIhiril.stilon_e. IKairn er( Sent: Friday, December 9, 2022 3:10 PM To: MTO -Jeremiah Johnston Q_gjig.Mil_ In.Jol .nstcsn on ario._ca) <Q it m hu:iplhon tpin n. rip ca>; s .g.Q_!2q.rtIh_dua_mfr es ca; 'clerks@cambridge ca' <clerlks@cambri Jge >; _DL_#_DSD_Planning <Ir)S_D-- ¢ l rnrniinglL uvusiorn@Ikutclhener.ca>; Bell - c/o WSP <ciirc ul t cains.@_�nasfa.cginm>; Carlos Reyes <Carlos.Ifteys@Ikitchen�r ca>, Darren Kropf <II) rr fn Kr o(@Ikutclhciner c>; Dave Seller .... <Dave.Selllg.r. . Ik l.clheIner„ca.>; David Paetz <Davil_d'_,_� etz.... Ikitclheiner.ca>; Ellen Straus .__................_......._..................................................................... <IE:VV ur.,Srr uas Or.u.t h ner._ca>; Enova Power Corp. -Greig Cameron <grgi:.c�rrier�aun �nc�y�ryp�nr�r �pu�n>; . _._............. Enova Power Corp. -Shaun Wang <s07uuun.v�rrugunyinnrm>; Feds <v.(s>; GRCA - Planning (12.D nning@gr rn riv r_ca) <p0 nnoro.g gEgII Jrove�r._c >; Greg Reitzel <Gr g.Reit7.6@kitchener.ca>; Hydro One - Dennis DeRango <I_andu,us�.pj.�_in_in_un�6n droo >; Jim ............... ..._.... Edmondson <Ji_m.lE::c)_u�nondson.C_... u.tc.he_ner.ca.>; Justin Readman <Jugs.ti_rr_.Readma n.@kitc6n_e n.er.ca>; Katherine Hughes<IKatlheriiine,_H�.uglh_cs_@Ikii:tclhenei::.ca>; Mike Seiling <IIMike.S_eii_liing. lkii:tclh n ir._c >; .. Ontario Power Generation <Exacu.utiiv vtn.._la_ aind_devell_csp! :gjgt cr ag.cgim>; Park Planning (SM) <, rlk.Pll in inning@kiitcln inair.ca>; Region -Planning <, Il in iniifng p ! ca.t.ii ins. _fr .giipinn unr cull o..c >; Property Data Administrator (SM) <�.r...... nniiin@Ikirtclh in r.ca>; Robert Morgan <Robeirt.Moirg in@_I�.i clhe.iner.ca>; Steven Ryder <S:Leven.Ry. fir_@_�itcln_e_rneir..ca>; Sylvie Eastman .................................................._. ............................ <Syllviia.IF stun ln..@Ikii.tclnenera_ca>; WCDSB -Planning <inll ininiiing@ nrcdslb.ca>; WRDSB -Board Secretary (ellaiine brns@rdsb c.) <ell�pine... Iuirins@irdslbc>; WRDSB - Planning <pI_ain.n.iing@irslb.ca> Cc: Brian Bateman <Birii_ain:_Bat m n@.I itclhein_enr.,ca> Subject: Circulation for Comment - 404-430 New Dundee Road (OPA/ZBA) Please see attached. Additional documentation can be found in AMANDA folders 22- 127987 & 22- 127988 (City staff) and Slha_rc_Fil.l_e. (external agencies). Comments or questions should be directed to Brian Bateman, Senior Planner (copied on this email). Christine Kompter Administrative Assistant I Planning Division I City of Kitchener 200 King Street West, 6t” Floor I P.O. Box 1118 Kitchener ON N2G 4G7 519-741-2200 ext. 7425 1 TTY 1-866-969-9994 christine.kompter@kitchener.ca ii�iiiiill 11IR' I 1 151711 i Im Page 106 of 476 Page 107 of 476 City of Kitchener COMMENT FORM Project Address: 404 — 430 New Dundee Road Application Type: Official Plan Amendment OPA22/014/N/BB Zoning By-law Amendment ZBA22/025/N/BB Comments of: Environmental Planning — City of Kitchener Commenter's Name: Carrie Musselman Email: carrie.mussel man@kitchener.ca Phone: 519-741-2200 X 7068 Date of Comments: October 3, 2023 1. Plans, Studies and Reports submitted as part of a complete Planning Act Application: • Arborist Report 404-430 New Dundee Road, prepared by WSP Canada Inc., dated August 2022. • Arborist Report 404-430 New Dundee Road, prepared by WSP Canada Inc., dated June 2023. 2. Site Specific Comments & Issues: Environmental Planning staff have reviewed the June 2023 Arborist Report and restate that ... Environmental Planning staff can support the Official Plan and Zoning By Law Amendment. Although the number of trees to be removed is considerable, the loss may be offset with the transplantation of trees onsite, details of which can be discusses following approval of the OPA/ZBA through the City's Site Plan requirements (Landscaping). A City for Everyone Working Together — Growing Thoughtfully — Building Community Page 108 of 476 City of Kitchener - Comment Form Project Address: 404-430 New Dundee Road Application Type: OPA and ZBA Comments of: Environmental Planning (Sustainability) — City of Kitchener Commenter's name: Gaurang Khandelwal Email: gaurang.khandelwal@kitchener.ca Phone: 519-741-2200 x 7611 Written Comments Due: January 13, 2023 Date of comments: January 3, 2023 1. Plans, Studies and/or Reports submitted and reviewed as part of a complete application: Sustainability Statement — 404-430 New Dundee Road, prepared by MHBC, dated October 26, 2022 2. Comments & Issues: I have reviewed the documentation (as listed above) to support an Official Plan Amendment and a Zoning By-law Amendment for the proposed development of 10 stacked townhouse blocks with 16 units each for a total of 160 units, regarding sustainability and energy conservation and provide the following: • Although the Ontario Building Code (OBC) is advanced, going forward all developments will need to include robust energy conservation measures as the City (and Region of Waterloo) strive to achieve our greenhouse gas reduction target. • It is recommended that more progressive measures that go beyond the OBC be explored to further energy conservation, generation and operation, and benefit future residents/tenants. An updated Sustainability Statement incorporating a more progressive energy conservation and efficient design is required to support the Official Plan and Zoning Bylaw Amendment. • Potential items for consideration are: o Community/ common gardens and urban agriculture o On-site composting o Use of alternative water supply and demand management systems such as rainwater harvesting and grey water reuse o Building envelope (wall, roof and window thermal performance) designed beyond OBC requirements Zr,w Page 109 of 476 o Use of alternative or renewable energy systems such as solar photovoltaic panels, ground source or air source heat pumps, and solar thermal hot water system o Sustainable sourcing of construction and building materials • 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. 3. Policies. Standards and Resources: • Kitchener Official Plan Policy 7.C.4.5. The City will encourage and support, where feasible and appropriate, alternative energy systems, renewable energy systems and district energy in accordance with Section 7.C.6 to accommodate current and projected needs of energy consumption. • Kitchener Official Plan Policy 7.C.6.4. In areas of new development, the City will encourage orientation of streets and/or lot design/building design with optimum southerly exposures. Such orientation will optimize opportunities for active or passive solar space heating and water heating. • Kitchener Official Plan Policy 7.C.6.8. Development applications will be required to demonstrate, to the satisfaction of the City, energy is being conserved or low energy generated. • Kitchener Official Plan Policy 7.C.6.27. The City will encourage developments to incorporate the necessary infrastructure for district energy in the detailed engineering designs where the potential for implementing district energy exists. 4. Advice: ➢ As part of the Kitchener Great Places Award program every several years there is a Sustainable Development category. Also, there are community-based programs to help with and celebrate and recognize businesses and sustainable development stewards (Regional Sustainability Initiative - http://www.sustainablewaterlooregion.ca/our-programs/regional-sustainability- initiative and TravelWise - http://www.sustainablewaterlooregion.ca/our-programs/travelwise). ➢ The 'Sustainability Statement Terms of Reference' can be found on the City's website under 'Planning Resources' at ... https://www.kitchener.ca/SustainabilitVStatement Page 110 of 476 Brian Bateman Senior Planner City of Kitchener 200 King Street West, 6t" Floor P.O. Box 1118, Kitchener, ON N2G 4G7 Dear Mr. Bateman, PLANNING, DEVELOPMENT AND LEGISLATIVE SEPVICES Community Planning 150 Frederick Street 8th Floor Kitchener Ontario N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4466 www.regionofwaterloo.ca Melissa Mohr 1-226-752-8622 File: D17/2/22014 C14/2/22025 June 6, 2023 Re: Proposed Official Plan Amendment OPA 22/14 and Zoning By-law Amendment ZBA 22/25 404-430 New Dundee Road MHBC Planning Inc. (C/O Pierre Chauvin) on behalf of Klondike Investments Inc. (C/O Paul Florica) CITY OF KITCHENER MHBC Planning has submitted a site-specific Official Plan Amendment and Zoning By- law Amendment Application for a development proposal at 404 to 430 New Dundee Road (referred to as subject lands) in the City of Kitchener. The applicant has proposed the redevelopment of the site with 10 stacked townhouse blocks containing 16 units in each block for a total of 160 units. The proposed development also contains amenity areas, a private access road and 168 surface parking spaces. The subject lands are located in the Urban Area and designated Built Up Area in the Regional Official Plan. The site is designated Low Rise Residential in the City of Kitchener Official Plan and zoned Residential One (R1)/Residential One (RES -1) Zone in the City of Kitchener Zoning By-law. The Owner has requested an Official Plan Amendment to add a special policy area to permit an increased FSR of 0.9 and a density exceeding 30 units/ha. The Owner has requested a Zoning By-law Amendment to rezone the subject lands from R-1 in By-law 85-1 to RES -5 in By-law 2019-051 with a site-specific provision for FSR, building height, unit parking and visitor parking. Document Number: 4403183 Version: 1 Page 111 of 476 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 Low Rise Residential in the City of Kitchener Official Plan. Regional Official Plan Conformity: The subject lands are located in the "Urban Area" and designated "Built -Up Area" on Schedule 3a of the Regional Official Plan (ROP). Permitted uses of the Urban Area and Built -Up Area in the ROP include residential uses among others. In addition, the subject lands are designated Low Rise Residential in the City of Kitchener Official Plan. The Low Rise Residential designation permits residential uses. Planned Community Structure The ROP outlines a hierarchy of development based on Strategic Growth Areas, which include Urban Growth Centres, Major Transit Station Areas, Urban Corridors and Urban Nodes followed by gentle intensification within the Built Up Area. The subject lands are located in the Built Up Area. Section 1.6 of the Regional Official Plan establishes the overview of the Regional Planning Framework and Section 2.13.1 and 2.0 establish policies for the Urban System. Section 2.F of the Regional Official Plan establishes policies for annual intensification targets within the delineated Built -Up Area, which is set at 60% for the City of Kitchener. Furthermore, development in the Built Up Area is intended to provide gentle density and other missing middle housing options that are designed in a manner that supports the achievement of 15 -minute neighbourhoods. Regional staff understand that the proposed development includes 160 residential units within 10 buildings that represents the missing middle housing form. Furthermore, Regional staff acknowledge that the subject lands are in proximity to a planned cycling route within the City of Kitchener, which can provide opportunities for walking, rolling and cycling. Land Use Compatibility The subject lands are located north of a City of Kitchener employment area that is designated Business Park Employment in the City of Kitchener Official Plan. Regional staff understand that the existing and underlying use of the subject lands is residential and that the application is to permit a density increase of a sensitive land use and as a result, Regional staff have no objection to the application from a land use compatibility perspective. Document Number: 4403183 Version: 1 Page 112 of 476 Water and Sanitary Services: ROP policy 2.C.2.2 (c) requires development occurring within the Urban Area to be developed in a manner that is serviced by a municipal water and wastewater system. Through the reconstruction of New Dundee Road, local water and sanitary services are to be installed; therefore, Regional staff have no objection to the development, which proposes to be serviced by municipal water sanitary connection within New Dundee Road. 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: Regional Water Services: Regional staff require the proposed servicing plan and the existing conditions plan to show the location of the 450mm regional watermain. In addition, where the sanitary crosses overtop water mains, there must be a utility conflict crossing drawing between the sanitary sewer and watermain, including elevations. Finally, the applicant should vacuum excavate, in daylight, to confirm the horizontal/verticals elevations and alignment to ensure there is no conflict. Regional staff require the servicing plan to be updated prior to a recommendation being made to the City of Kitchener Council. Corridor Planning: Official Plan Amendment and Zoning By-law Amendment Stage: Environmental Noise Study Regional staff reviewed the study entitled "Environmental Noise Study 404-430 New Dundee Road, Kitchener, Ontario" dated September 14, 2022, prepared by JPE Engineering and the Region cannot accept the study at this time as additional details are required regarding the noise wall. Regional staff have the following comments regarding the study: The study assessed noise attenuation measures due to transportation noise from New Dundee Road (Regional Road #12) and Highway 401 with traffic forecast provided by the Region. The study determined that the proposed development requires various noise control measures for various blocks which include designing the building(s) with the provision of air conditioning, the installation of central air conditioning, special building components and noise attenuation barriers including at 2.4m noise wall that is to be located along New Dundee Road with returns to bring the noise into the backyards for thee units abutting New Dundee Road. Regional staff require a detailed noise study that addresses typical design details including a cross section for the noise barrier(s), which shall include the existing and proposed grades around the barrier(s). In addition, additional information for the Document Number: 4403183 Version: 1 Page 113 of 476 finished elevations of the foundation of the noise wall and berm (if required) shall be required for the Region's review and acceptance. Furthermore, please be advised that the noise barrier(s) must be located entirely within the private lands and common elements if a condominium is proposed with a minimum of 0.3m clearance area around the wall. The separate blocks must be shown on the grading plan and the noise detailed plans on which the noise wall is to be located. The above issues shall be addressed prior to a recommendation being made or alternatively, the detailed noise study can be addressed through the following holding provision. The required wording of the holding provision shall be: That a holding provision shall apply to the entirety of the subject lands until a satisfactory detailed transportation noise study has been completed and implementation measures addressed to the satisfaction of the Regional Municipality of Waterloo. Functional Servicing Report: The Functional Servicing and Stormwater Management Report, prepared by MTE and dated August 19, 2022 has been reviewed and Regional staff are not satisfied with the stormwater section of the report. The report notes that a new 300mm water service line will be provided from the existing 200 mm municipal watermain that currently terminates at the intersection of Pinnacle Drive and New Dundee Road. Any new services are subject to approval by the Region and shall be coordinated with the road project along New Dundee Road. The report also indicated that sanitary services for the subject lands will be provided by an extension of the sanitary sewer from Robert Ferrie Drive and New Dundee Road intersection. The study further indicates that stormwater from the subject lands currently flows into the roadside ditch, ultimately discharging into Blair Creek and the proposed onsite storm sewer will be designed to convey a 5 -year storm event. Regional staff advise that the development shall be designed for the 5-100 year post to pre -storm flows (unless there are other grounds or parameters set by the City for this watershed.) Regional staff require additional information regarding the stormwater flows and stormwater design. In addition, if stormwater flows under the post -development situation are more than pre - development levels, the capacity and adequacy of the roadside ditch along New Dundee Road carrying the stormwater flows must be confirmed. For further information, please contact the Region's Project Manager, Saman Ajamzadeh at Document Number: 4403183 Version: 1 Page 114 of 476 SAjamzadehCa)-regionofwaterloo.ca. In addition, further comments are to follow regarding concerns with the proposed headwall. The Functional Servicing Report must be updated to address Regional concerns prior to a recommendation being made on this application or alternatively, the Region shall require a holding provision to obtain a satisfactory Functional Servicing and Stormwater Report. Transportation Impact Brief. The Transportation Impact Brief prepared by SBM, dated August 18, 2022 was reviewed and Regional staff accept the findings and recommendations contained in the report at this stage. Regional staff note that a left turn lane is not warranted for less than 5% of advancing volumes for the left turning vehicles. The proposed development created 3.5% advancing volumes instead of the 5% advancing volumes; therefore, the left turn lane is not warranted and not permitted on New Dundee Road at the site access. The access shall be designed with a separate left and right turn lane and shown on the future site plan application. Site Plan Application Sage: Site Grading & Stormwater Management: The applicant shall submit electronic copies of the detailed Site Grading and Drainage Control Plan(s) and Site Servicing Plan(s) along with a detailed Stormwater Management Report for Regional review and approval. The report shall include drainage details for the subject lands, the abutting lands and the public road allowance to ensure compatible drainage. In addition, the plans shall show all existing and proposed conditions to the municipal storm sewers, sanitary sewers and water mains and all detailed erosion and siltation control features, all to the satisfaction of the Regional Municipality of Waterloo. The grading must be compatible with the existing road grades and the proposed reconstruction of New Dundee Road. The site must be graded in accordance with the approved plans, and the Regional Road allowance must be restored to the satisfaction of the Regional Municipality of Waterloo. Please note that storm sewers within the Regional right-of-way are generally sized and designated to only accommodate stormwater from the right-of-way and, in some instances, off-road surface drainage under existing conditions. A private stormwater Document Number: 4403183 Version: 1 Page 115 of 476 connection to any storm sewer on New Dundee Road (RR# 12) will be discouraged where an alternate stormwater connection is available, including infiltration if soil conditions and Source Protection under the Clean Water Act permit or if it is determined that the New Dundee Storm sewer does not have the sufficiency (condition and capacity) to accommodate private stormwater follows from this site. It is the responsibility of the applicant's engineering consultant to determine any appropriate stormwater outlet from this site and the sufficiency of the receiving storm system if there is no other option available and to include this information in the stormwater management report. The applicant or their consultant should contact Malcolm Lister, Manager, Technical Services for the Region of Waterloo at mlister(c-regionofwaterloo.ca to determine if any engineering plans and/or further technical information is available for New Dundee Road that may be of assistance. Transit Planning: The nearest stops are currently located on Robert Ferrie at Blair Creek Drive, approximately 700m from the subject lands with 2 -way transit service provided through Route 36 on New Dundee Road. Once Robert Ferrie Drive is connected to Strasburg Road, Route 16 will be replaced Routes 36, providing a connection to Kitchener and Waterloo when the service may shift from New Dundee to Thomas Slee Drive and Pinnacle Drive at New Dundee/Pinnacle controlled intersection. If, at the development stage, the transit services remains on New Dundee Road, a 9.5m x 3m concrete landing pad with electrical conduit (providing enough space for shelter integration in the future) or funds in lieu will be required. An on-site bus bay to allow for safe boarding and alighting activity may also be required due to the high speeds on New Dundee Road. It is expected that there will be sufficient width in the right-of-way along the frontage for both a 3.5m bay and a 3m combined landing/shelter pad. Staff also note that in case the transit services uses Pinnacle Drive, the site would be within a 5 -minute walk of potential stops at the Pinnacle Drive/New Dundee Road intersection and no stop infrastructure is required. The transit requirements will be determined at the site plan application stage. Access Permit: A Regional access permit application with the fee of $230.00 shall be required for the proposed access of New Dundee Road and for the proposed Emergency Access. Document Number: 4403183 Version: 1 Page 116 of 476 The left turn lane, as mentioned above, will be allowed at the owner's cost, pending acceptance of Functional Plans, Cost Estimate and an Agreement to Provide Funds for actual construction. All costs associated with the Access will be the Owner's responsibility. The existing residential and redundant entrances on New Dundee Road will be closed as a condition of the Access Permit and the Regional boulevard shall be required to be restored to Regional standards. The application for the access permit is available here: https://forms.regionofwaterloo.ca/ePay/PDLS-Online-Payment-Forms/Commercial- Access-Permit-Application Site Servicing/Work Permit/Municipal Consent: The Functional Servicing Report must be approved by the Region prior to site plan approval and Municipal Consent shall be required for the installation of any proposed/required 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. Further information can be found here: https://rmow.permitcentral.ca/ Transportation Capital Project (TCP): This section of New Dundee Road is scheduled for reconstruction in 2023. It is not expected that functional servicing details can be finalized at this early stage to allow future servicing stubs; however, for more information on the road project, please contact Saman Ajamzadeh, Project Manager, at SAjamzadeh(a)regionofwaterloo.ca. Hydrogeology and Source Water Programs Please be advised that through a future site plan application or future condominium application, a salt management plan shall be required for review and acceptance by Regional staff. As part of the future salt management plan, Regional staff encourage the proponent to incorporate design considerations with respect to salt management, including: • Ensuring that cold weather storm water flows are considered in the site design. Consideration should be given to minimize the transport of meltwater across the parking lot. This also has the potential to decrease the formation of ice and thereby the need for de-icing. • Directing downspouts towards pervious (i.e. grassy) surfaces to prevent runoff from freezing on parking lots and walkways. • Locating snow storage areas on impervious (i.e. paved) surfaces. • Locating snow storage areas in close proximity to catch basins. • Using winter maintenance contractors that are Smart About SaItTM certified. • Using alternative de-icers (i.e. pickled sand) in favour of road salt. The proponent is eligible for certification under the Smart About SaItTM program for this property. Completion of the SMP is one part of the program. To learn more about the Document Number: 4403183 Version: 1 Page 117 of 476 program and to find accredited contractors please refer to: http://www.smartaboutsait.com/. Benefits of designation under the program include cost savings through more efficient use of salt, safe winter conditions by preventing the formation of ice, and potential reductions in insurance premiums. Housinq Services The following Regional policies and initiatives support the development and maintenance of affordable housing: • Regional Strategic Plan • 10 -Year Housing and Homelessness Plan • Building Better Futures Framework • Region of Waterloo Official Plan The Region supports the provision of a full range of housing options, including affordable housing. Rent levels and house prices that are considered affordable according to the Regional Official Plan are provided below. Should this development application move forward, staff ask the Owner/Developer to consider providing a number of affordable housing units on the site, as defined in the Regional Official Plan. In order for affordable housing to fulfill its purpose of being affordable to those who require rents or purchase prices lower than the regular market provides, a mechanism should be in place to ensure the units remain affordable and establish income levels of the households who can rent or own the homes. For the purposes of evaluating the affordability of an ownership unit, based on the definition in the Regional Official Plan, the purchase price is compared to the least expensive of: Housing for which the purchase price results in annual accommodation costs which do not exceed 30 percent of gross $385,500 annual household income for low and moderate income households Housing for which the purchase price is at least 10 percent below the average $576,347 purchase price of a resale unit in the regional market area "Based on the most recent information available from the PPS Housing Tables (2021). In order for an owned unit to be deemed affordable, the maximum affordable house price is $385,500. For the purposes of evaluating the affordability of a rental unit, based on the definition of affordable housing in the Regional Official Plan, the average rent is compared to the reasr expensive or: A unit for which the rent does not exceed $1,470 30 per cent of the gross annual Document Number: 4403183 Version: 1 Page 118 of 476 household income for low and moderate income renter households A unit for which the rent is at or below the Bachelor: $950 average market rent (AMR) in the 1 -Bedroom: $1,134 regional market area 2 -Bedroom: $1,356 3 -Bedroom: $1,538 4+ Bedroom: $3,997 "Based on the most recent information available from the PPS Housing Tables (2021) In order for a rental unit to be deemed affordable, the average rent for the proposed units which have fewer than 3 bedrooms must be at or below the average market rent in the regional market area as shown above. For proposed units with three or more bedrooms, the average rent for the units must be below $1,470. Fees Please be advised that the Region acknowledges receipt of the Official Plan Amendment and Zoning By-law Amendment review fees totalling $10,000 (Deposited December 15, 2022). Follow Up: Prior to final comments being provided from the Region and a recommendation being made to the City of Kitchener/a recommendations being made, the following must be updated and Regional staff must be satisfied with: 1. That a detailed transportation study containing details regarding the noise walls be provided. Alternatively, the Region shall accept a holding provision until the above has been addressed to the Region's satisfaction; and, 2. The Functional Servicing Report and Servicing Plan must be updated to address Regional concerns. Alternatively, the Region shall accept a holding provision until the above is addressed to the Region's satisfaction. Conclusions and Next Steps: Prior to final approval, Regional staff require a copy of the Functional Servicing and Stormwater Management Report and Detailed Transportation Noise Study for review. These documents are to be prepared to the Region's satisfaction. Please be advised that any future development on the lands subject to the above -noted application will be subject to the provisions of Regional Development Charge By-law 19- 037 or any successor thereof. Document Number: 4403183 Version: 1 Page 119 of 476 Further, please accept this letter as our request for a copy of the decision pertaining to this application. Should you have any questions, please do not hesitate to contact me. Yours truly, Melissa Mohr, MCIP, RPP Senior Planner C. MHBC Planning Inc. C/O Pierre Chauvin Klondike Investments Inc. C/O Paul Florica (Owner) Document Number: 4403183 Version: 1 Page 120 of 476 Brian Bateman Senior Planner City of Kitchener 200 King Street West, 6t" Floor P.O. Box 1118, Kitchener, ON N2G 4G7 Dear Mr. Bateman, PLANNING, DEVELOPMENT AND LEGISLATIVE SEPVICES Community Planning 150 Frederick Street 8th Floor Kitchener Ontario N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4466 www.regionofwaterloo.ca Melissa Mohr 1-226-752-8622 File: D17/2/22014 C14/2/22025 June 6, 2023 Re: Proposed Official Plan Amendment OPA 22/14 and Zoning By-law Amendment ZBA 22/25 404-430 New Dundee Road MHBC Planning Inc. (C/O Pierre Chauvin) on behalf of Klondike Investments Inc. (C/O Paul Florica) CITY OF KITCHENER MHBC Planning has submitted a site-specific Official Plan Amendment and Zoning By- law Amendment Application for a development proposal at 404 to 430 New Dundee Road (referred to as subject lands) in the City of Kitchener. The applicant has proposed the redevelopment of the site with 10 stacked townhouse blocks containing 16 units in each block for a total of 160 units. The proposed development also contains amenity areas, a private access road and 168 surface parking spaces. The subject lands are located in the Urban Area and designated Built Up Area in the Regional Official Plan. The site is designated Low Rise Residential in the City of Kitchener Official Plan and zoned Residential One (R1)/Residential One (RES -1) Zone in the City of Kitchener Zoning By-law. The Owner has requested an Official Plan Amendment to add a special policy area to permit an increased FSR of 0.9 and a density exceeding 30 units/ha. The Owner has requested a Zoning By-law Amendment to rezone the subject lands from R-1 in By-law 85-1 to RES -5 in By-law 2019-051 with a site-specific provision for FSR, building height, unit parking and visitor parking. Document Number: 4403247 Version: 1 Page 121 of 476 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 Low Rise Residential in the City of Kitchener Official Plan. Regional Official Plan Conformity: The subject lands are located in the "Urban Area" and designated "Built -Up Area" on Schedule 3a of the Regional Official Plan (ROP). Permitted uses of the Urban Area and Built -Up Area in the ROP include residential uses among others. In addition, the subject lands are designated Low Rise Residential in the City of Kitchener Official Plan. The Low Rise Residential designation permits residential uses. Planned Community Structure The ROP outlines a hierarchy of development based on Strategic Growth Areas, which include Urban Growth Centres, Major Transit Station Areas, Urban Corridors and Urban Nodes followed by gentle intensification within the Built Up Area. The subject lands are located in the Built Up Area. Section 1.6 of the Regional Official Plan establishes the overview of the Regional Planning Framework and Section 2.13.1 and 2.0 establish policies for the Urban System. Section 2.F of the Regional Official Plan establishes policies for annual intensification targets within the delineated Built -Up Area, which is set at 60% for the City of Kitchener. Furthermore, development in the Built Up Area is intended to provide gentle density and other missing middle housing options that are designed in a manner that supports the achievement of 15 -minute neighbourhoods. Regional staff understand that the proposed development includes 160 residential units within 10 buildings that represents the missing middle housing form. Furthermore, Regional staff acknowledge that the subject lands are in proximity to a planned cycling route within the City of Kitchener, which can provide opportunities for walking, rolling and cycling. Land Use Compatibility The subject lands are located north of a City of Kitchener employment area that is designated Business Park Employment in the City of Kitchener Official Plan. Regional staff understand that the existing and underlying use of the subject lands is residential and that the application is to permit a density increase of a sensitive land use and as a result, Regional staff have no objection to the application from a land use compatibility perspective. Document Number: 4403247 Version: 1 Page 122 of 476 Water and Sanitary Services: ROP policy 2.C.2.2 (c) requires development occurring within the Urban Area to be developed in a manner that is serviced by a municipal water and wastewater system. Through the reconstruction of New Dundee Road, local water and sanitary services are to be installed; therefore, Regional staff have no objection to the development, which proposes to be serviced by municipal water sanitary connection within New Dundee Road. 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: Regional Water Services: Regional staff require the proposed servicing plan and the existing conditions plan to show the location of the 450mm regional watermain. In addition, where the sanitary crosses overtop water mains, there must be a utility conflict crossing drawing between the sanitary sewer and watermain, including elevations. Finally, the applicant should vacuum excavate, in daylight, to confirm the horizontal/verticals elevations and alignment to ensure there is no conflict. Regional staff require the servicing plan to be updated prior to a recommendation being made to the City of Kitchener Council. Corridor Planning: Official Plan Amendment and Zoning By-law Amendment Stage: Environmental Noise Study Regional staff reviewed the study entitled "Environmental Noise Study 404-430 New Dundee Road, Kitchener, Ontario" dated September 14, 2022, prepared by JPE Engineering and the Region cannot accept the study at this time as additional details are required regarding the noise wall. Regional staff have the following comments regarding the study: The study assessed noise attenuation measures due to transportation noise from New Dundee Road (Regional Road #12) and Highway 401 with traffic forecast provided by the Region. The study determined that the proposed development requires various noise control measures for various blocks which include designing the building(s) with the provision of air conditioning, the installation of central air conditioning, special building components and noise attenuation barriers including at 2.4m noise wall that is to be located along New Dundee Road with returns to bring the noise into the backyards for thee units abutting New Dundee Road. Regional staff require a detailed noise study that addresses typical design details including a cross section for the noise barrier(s), which shall include the existing and proposed grades around the barrier(s). In addition, additional information for the Document Number: 4403247 Version: 1 Page 123 of 476 finished elevations of the foundation of the noise wall and berm (if required) shall be required for the Region's review and acceptance. Furthermore, please be advised that the noise barrier(s) must be located entirely within the private lands and common elements if a condominium is proposed with a minimum of 0.3m clearance area around the wall. The separate blocks must be shown on the grading plan and the noise detailed plans on which the noise wall is to be located. The above issues shall be addressed prior to a recommendation being made or alternatively, the detailed noise study can be addressed through the following holding provision. The required wording of the holding provision shall be: That a holding provision shall apply to the entirety of the subject lands until a satisfactory detailed transportation noise study has been completed and implementation measures addressed to the satisfaction of the Regional Municipality of Waterloo. Functional Servicing Report: The Functional Servicing and Stormwater Management Report, prepared by MTE and dated August 19, 2022 has been reviewed and Regional staff are not satisfied with the stormwater section of the report. The report notes that a new 300mm water service line will be provided from the existing 200 mm municipal watermain that currently terminates at the intersection of Pinnacle Drive and New Dundee Road. Any new services are subject to approval by the Region and shall be coordinated with the road project along New Dundee Road. The report also indicated that sanitary services for the subject lands will be provided by an extension of the sanitary sewer from Robert Ferrie Drive and New Dundee Road intersection. The study further indicates that stormwater from the subject lands currently flows into the roadside ditch, ultimately discharging into Blair Creek and the proposed onsite storm sewer will be designed to convey a 5 -year storm event. Regional staff advise that the development shall be designed for the 5-100 year post to pre -storm flows (unless there are other grounds or parameters set by the City for this watershed.) Regional staff require additional information regarding the stormwater flows and stormwater design. In addition, if stormwater flows under the post -development situation are more than pre - development levels, the capacity and adequacy of the roadside ditch along New Dundee Road carrying the stormwater flows must be confirmed. For further information, please contact the Region's Project Manager, Saman Ajamzadeh at Document Number: 4403247 Version: 1 Page 124 of 476 SAjamzadehCa)-regionofwaterloo.ca. In addition, further comments are to follow regarding concerns with the proposed headwall. The Functional Servicing Report must be updated to address Regional concerns prior to a recommendation being made on this application or alternatively, the Region shall require a holding provision to obtain a satisfactory Functional Servicing and Stormwater Report. Transportation Impact Brief. The Transportation Impact Brief prepared by SBM, dated August 18, 2022 was reviewed and Regional staff accept the findings and recommendations contained in the report at this stage. Regional staff note that a left turn lane is not warranted for less than 5% of advancing volumes for the left turning vehicles. The proposed development created 3.5% advancing volumes instead of the 5% advancing volumes; therefore, the left turn lane is not warranted and not permitted on New Dundee Road at the site access. The access shall be designed with a separate left and right turn lane and shown on the future site plan application. Site Plan Application Sage: Site Grading & Stormwater Management: The applicant shall submit electronic copies of the detailed Site Grading and Drainage Control Plan(s) and Site Servicing Plan(s) along with a detailed Stormwater Management Report for Regional review and approval. The report shall include drainage details for the subject lands, the abutting lands and the public road allowance to ensure compatible drainage. In addition, the plans shall show all existing and proposed conditions to the municipal storm sewers, sanitary sewers and water mains and all detailed erosion and siltation control features, all to the satisfaction of the Regional Municipality of Waterloo. The grading must be compatible with the existing road grades and the proposed reconstruction of New Dundee Road. The site must be graded in accordance with the approved plans, and the Regional Road allowance must be restored to the satisfaction of the Regional Municipality of Waterloo. Please note that storm sewers within the Regional right-of-way are generally sized and designated to only accommodate stormwater from the right-of-way and, in some instances, off-road surface drainage under existing conditions. A private stormwater Document Number: 4403247 Version: 1 Page 125 of 476 connection to any storm sewer on New Dundee Road (RR# 12) will be discouraged where an alternate stormwater connection is available, including infiltration if soil conditions and Source Protection under the Clean Water Act permit or if it is determined that the New Dundee Storm sewer does not have the sufficiency (condition and capacity) to accommodate private stormwater follows from this site. It is the responsibility of the applicant's engineering consultant to determine any appropriate stormwater outlet from this site and the sufficiency of the receiving storm system if there is no other option available and to include this information in the stormwater management report. The applicant or their consultant should contact Malcolm Lister, Manager, Technical Services for the Region of Waterloo at mlister(c-regionofwaterloo.ca to determine if any engineering plans and/or further technical information is available for New Dundee Road that may be of assistance. Transit Planning: The nearest stops are currently located on Robert Ferrie at Blair Creek Drive, approximately 700m from the subject lands with 2 -way transit service provided through Route 36 on New Dundee Road. Once Robert Ferrie Drive is connected to Strasburg Road, Route 16 will be replaced Routes 36, providing a connection to Kitchener and Waterloo when the service may shift from New Dundee to Thomas Slee Drive and Pinnacle Drive at New Dundee/Pinnacle controlled intersection. If, at the development stage, the transit services remains on New Dundee Road, a 9.5m x 3m concrete landing pad with electrical conduit (providing enough space for shelter integration in the future) or funds in lieu will be required. An on-site bus bay to allow for safe boarding and alighting activity may also be required due to the high speeds on New Dundee Road. It is expected that there will be sufficient width in the right-of-way along the frontage for both a 3.5m bay and a 3m combined landing/shelter pad. Staff also note that in case the transit services uses Pinnacle Drive, the site would be within a 5 -minute walk of potential stops at the Pinnacle Drive/New Dundee Road intersection and no stop infrastructure is required. The transit requirements will be determined at the site plan application stage. Access Permit: A Regional access permit application with the fee of $230.00 shall be required for the proposed access of New Dundee Road and for the proposed Emergency Access. Document Number: 4403247 Version: 1 Page 126 of 476 The left turn lane, as mentioned above, will be allowed at the owner's cost, pending acceptance of Functional Plans, Cost Estimate and an Agreement to Provide Funds for actual construction. All costs associated with the Access will be the Owner's responsibility. The existing residential and redundant entrances on New Dundee Road will be closed as a condition of the Access Permit and the Regional boulevard shall be required to be restored to Regional standards. The application for the access permit is available here: https://forms.regionofwaterloo.ca/ePay/PDLS-Online-Payment-Forms/Commercial- Access-Permit-Application Site Servicing/Work Permit/Municipal Consent: The Functional Servicing Report must be approved by the Region prior to site plan approval and Municipal Consent shall be required for the installation of any proposed/required 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. Further information can be found here: https://rmow.permitcentral.ca/ Transportation Capital Project (TCP): This section of New Dundee Road is scheduled for reconstruction in 2023. It is not expected that functional servicing details can be finalized at this early stage to allow future servicing stubs; however, for more information on the road project, please contact Saman Ajamzadeh, Project Manager, at SAjamzadeh(a)regionofwaterloo.ca. Hydrogeology and Source Water Programs Please be advised that through a future site plan application or future condominium application, a salt management plan shall be required for review and acceptance by Regional staff. As part of the future salt management plan, Regional staff encourage the proponent to incorporate design considerations with respect to salt management, including: • Ensuring that cold weather storm water flows are considered in the site design. Consideration should be given to minimize the transport of meltwater across the parking lot. This also has the potential to decrease the formation of ice and thereby the need for de-icing. • Directing downspouts towards pervious (i.e. grassy) surfaces to prevent runoff from freezing on parking lots and walkways. • Locating snow storage areas on impervious (i.e. paved) surfaces. • Locating snow storage areas in close proximity to catch basins. • Using winter maintenance contractors that are Smart About SaItTM certified. • Using alternative de-icers (i.e. pickled sand) in favour of road salt. The proponent is eligible for certification under the Smart About SaItTM program for this property. Completion of the SMP is one part of the program. To learn more about the Document Number: 4403247 Version: 1 Page 127 of 476 program and to find accredited contractors please refer to: http://www.smartaboutsait.com/. Benefits of designation under the program include cost savings through more efficient use of salt, safe winter conditions by preventing the formation of ice, and potential reductions in insurance premiums. Housinq Services The following Regional policies and initiatives support the development and maintenance of affordable housing: • Regional Strategic Plan • 10 -Year Housing and Homelessness Plan • Building Better Futures Framework • Region of Waterloo Official Plan The Region supports the provision of a full range of housing options, including affordable housing. Rent levels and house prices that are considered affordable according to the Regional Official Plan are provided below. Should this development application move forward, staff ask the Owner/Developer to consider providing a number of affordable housing units on the site, as defined in the Regional Official Plan. In order for affordable housing to fulfill its purpose of being affordable to those who require rents or purchase prices lower than the regular market provides, a mechanism should be in place to ensure the units remain affordable and establish income levels of the households who can rent or own the homes. For the purposes of evaluating the affordability of an ownership unit, based on the definition in the Regional Official Plan, the purchase price is compared to the least expensive of: Housing for which the purchase price results in annual accommodation costs which do not exceed 30 percent of gross $385,500 annual household income for low and moderate income households Housing for which the purchase price is at least 10 percent below the average $576,347 purchase price of a resale unit in the regional market area "Based on the most recent information available from the PPS Housing Tables (2021). In order for an owned unit to be deemed affordable, the maximum affordable house price is $385,500. For the purposes of evaluating the affordability of a rental unit, based on the definition of affordable housing in the Regional Official Plan, the average rent is compared to the reasr expensive or: A unit for which the rent does not exceed $1,470 30 per cent of the gross annual Document Number: 4403247 Version: 1 Page 128 of 476 household income for low and moderate income renter households A unit for which the rent is at or below the Bachelor: $950 average market rent (AMR) in the 1 -Bedroom: $1,134 regional market area 2 -Bedroom: $1,356 3 -Bedroom: $1,538 4+ Bedroom: $3,997 "Based on the most recent information available from the PPS Housing Tables (2021) In order for a rental unit to be deemed affordable, the average rent for the proposed units which have fewer than 3 bedrooms must be at or below the average market rent in the regional market area as shown above. For proposed units with three or more bedrooms, the average rent for the units must be below $1,470. Fees Please be advised that the Region acknowledges receipt of the Official Plan Amendment and Zoning By-law Amendment review fees totalling $10,000 (Deposited December 15, 2022). Follow Up: Prior to final comments being provided from the Region and a recommendation being made to the City of Kitchener/a recommendations being made, the following must be updated and Regional staff must be satisfied with: 1. That a detailed transportation noise study containing details regarding the noise walls be provided. Alternatively, the Region shall accept a holding provision until the above has been addressed to the Region's satisfaction; and, 2. The Functional Servicing Report and Servicing Plan must be updated to address Regional concerns. Alternatively, the Region shall accept a holding provision until the above is addressed to the Region's satisfaction. Conclusions and Next Steps: Prior to final approval, Regional staff require a copy of the Functional Servicing and Stormwater Management Report and Detailed Transportation Noise Study for review. These documents are to be prepared to the Region's satisfaction. Please be advised that any future development on the lands subject to the above -noted application will be subject to the provisions of Regional Development Charge By-law 19- 037 or any successor thereof. Document Number: 4403247 Version: 1 Page 129 of 476 Further, please accept this letter as our request for a copy of the decision pertaining to this application. Should you have any questions, please do not hesitate to contact me. Yours truly, Melissa Mohr, MCIP, RPP Senior Planner C. MHBC Planning Inc. C/O Pierre Chauvin Klondike Investments Inc. C/O Paul Florica (Owner) Document Number: 4403247 Version: 1 Page 130 of 476 From: Chris Foster -Pengelly <cfosterpengelly@grandriver.ca> Sent: Monday, December 12, 2022 10:53 AM To: Brian Bateman Subject: RE: Circulation for Comment - 404-430 New Dundee Road (OPA/ZBA) Attachments: OPA-22-014-N-BB & ZBA22-025-N-BB - GRCA Map.pdf The subject lands are not regulated by the GRCA under Ontario Regulation 150/06. As such, we will not e providing comments. We trust that the City will ensure appropriate stormwater management for the site. Chris IF tear ll:)engellllll , Il i. c., Office: 519-621-2763 ext. 2319 Toll-free: 1-866-900-4722 ..rrilYerr::.c.. 1 X22!„rm,....w.iij.lh......u'.M......!CV......wad,g,ii ,ll......im. e....lia.. From: Planning<1p.Ila_rnroiing.@.grarnd_river.a> Sent: Monday, December 12, 2022 8:46 AM To: Chris Foster -Pengelly <cf ste.r ernge.Illly_( gr rndriveir.a a> Subject: FW: Circulation for Comment - 404-430 New Dundee Road (OPA/ZBA) From: Christine Kompter <rus.tuon V<cur0rIu.tprJrc> Sent: December 9, 2022 3:10 PM To: MTO - Jeremiah Johnston Q_!!�r Mo_ h.JoOuns.t �_pr71ar.o..._ ) <Q rprrlu Inoj 600usr.prr un. rir�. r >; asage..@_In.p.rthdua_mfries.ca. 'clerks@cambridge.ca' <pl.erks cambriaJge >; _DL #DSD Planning <If ...................... F-.19 nnin r.)rviisioln_.ykiitch_enerr. ra>; Bell - c/o WSP <pi.irc ulatirpins..@. sp... raj >; Carlos Reyes <C rlps..�� ps_@.I it In rn it r >; Darren I<ropf <, )acre.in:K.irpVp.(@Ikirtclhenerr..ca>; Dave Seller <Daye..,Selll_e.nr. .lki.tclhein_er.ca>; David Paetz <,Dayii_d_.P_ etz@Il i.r lh_ener,cp>; Ellen Straus <E lIein_..,S.tirauas.@ Kii..tc_he1eir._ca>; Enova Power Corp. - Greig Cameron<greiigxameroin(@enovalaower.corn>; Enova Power Corp. - Shaun Wang <slh_au.u.n...w ing@enoval�ower.com>; Feds <v.IpedC feds.ca>; Planning <I Ilannin randriver.ca>; Greg Reitzel <ire„Ifteirtzell@kVtcheiner.ca>; Hydro One - Dennis DeRango <Ila_nd_asepllaniniinghydiroone.com>; Jim Edmondson <JU m_._Eclirnoinds rJ_��.I<irt lh in .ir cp.>; Justin Readman <Jus:tii_rn_._Readma_p_@_kiltch _nelr.c�>; Katherine Hughes <lKa.tlh_e.r.i_In_ _..II.. a Ihes@kiitcheneir.ca>; Mike Seiling <lMike.Se.ii.11.irn @Ikirtcheiner.ca>; Ontario Power Generation<I::Xepp!tirveVp.lawainddevellopirnent@op .coinn>; _. Park Planning (SM) <Pa.�rlk._P.Ila.ininirn @Ikiitcheiner.ca>; Region - Planning <11lar�r�i.pg:.p.ppupa:turns@_reg.ionof ateirloo.c >; Property Data Administrator (SM) ............... <I{Grp.lp_ a:toj�d!rniin( Iki.tclheln_eir.ca>; Robert Morgan <,Rcnberrt.Mor. ain@II<i elh rn r.ra>; Steven Ryder <Steven.R d rr.@Ikir lhein_e_ir ca.>; Sylvie Eastman <S. lyi:g E.ias: r .in.@V<gtchern.er._ca>; WCDSB - Planning .......................................... <plla_In_IJ.i_I2g..@ cdsl .ca>; WRDSB - Board Secretary ( V_auln_e_..._b ur_LVs. _nrr s .ca) < Ilaur�e....._ uarrrns.@ rrdsl a>; WRDSB - Planning <p.11arnrro.urng@vnrirdsl .ca> Page 131 of 476 Cc: Brian Bateman <111ri in t min lk)tclhen_er.ca> Subject: Circulation for Comment - 404-430 New Dundee Road (OPA/ZBA) Please see attached. Additional documentation can be found in AMANDA folders 22- 127987 & 22- 127988 (City staff) and S6hau- _ .J.l_e. (external agencies). Comments or questions should be directed to Brian Bateman, Senior Planner (copied on this email). Christine Kompter Administrative Assistant I Planning Division I City of Kitchener 200 King Street West, 61h Floor I P.O. Box 1118 Kitchener ON N2G 4G7 519-741-2200 ext. 7425 1 TTY 1-866-969-9994 christine.kompter@I<itchener.ca Page 132 of 476 From: Johnston, Jeremiah (MTO) <Jeremiah.Johnston@ontario.ca> Sent: Tuesday, December 13, 2022 11:23 AM To: Christine Kompter; Brian Bateman Cc: Hodgins, Allan (MTO) Subject: RE: Circulation for Comment - 404-430 New Dundee Road (OPA/ZBA) Attachments: Site Plan - October 24 2022.pdf Christine and 1Brian, Phe Il iilniistlry. of Firanspolrtatiio[n (IIS FO) Ihas no objection to t1his application.. "The subject properties alre Ilooated Ibeyond our 1111imits of Ipelrrniit oolntlroll and therefore IIS FO Ireviiew, alplprovall and permilts wiillll Inot Ihe required. Phalnk you for the olplpolrtu-ulniity to Ireviiew and comment.. Jerein'�4'i Johnston Corridor ManagemenL Planner Corridor Management .Section Ministry of Transportation Operations Branch West 659 1::xeter IRoad, London, ON N6E 113 M: (22.6)..980..6407 From: Christine Kompter < hUu_s.d n_e.a.V<p_Ou.lpter(�kutchener.ca> Sent: December 9, 2022 3:10 PM To: Johnston, Jeremiah (MTO)<Jeirerrio_a_ih_.Jphnston.@_p.r11g.Ei �.o_ca>; q., eCge orthduu�nfr'ies ca; 'clerks@cambridge.ca' <c0erks rn(2roadg o >; _DL # DSD Planning <I[)S_D- (112.nn..iungl[).uyu.sio.un.L.ki cVnener.ca>; Bell - c/o WSP <ci_rcul.ations@ .sp.cr U10>; Carlos Reyes <Carlos Reyes@Vcrtcheneo >, Darren Kropf <I[)arre_rn Krop_(@kot.chener c.>; Dave Seller .. ..... ..... .... <1Dave_.5e.01_e_r. _kkchen_e_r.c.a.>; David Paetz <,Dayu_d'_.Pa.etz@_V itc.7_ener.ca>; Ellen Straus <ElIllen Strauskutchenerca>; Enova Power Corp. - Greig Cameron inp@i._.>; Enova Power Corp. -Shaun Wang <slh u�u..n....nrain@intr12r:m>; Feds <1r.[p@.(s..,>; GRCA - Planning (n.Ilrnrniing@irin_rivr.) <�ininiin@g1eine.iriivir.>; Greg Reitzel <r g.:riitlliitclhrnr:c>; Hydro One -Dennis DeRango ndus Jim Edmondson <J:iiirn_..IE"d.nno nd.,snn... k� tclheine1.na>; Justin Readman<Jua_s.ti_in_.Readirnn.a_in_.�kirtchener.ca>; Katherine Hughes .......... _.. ._ ......_ @ ._................................................................. <IKatlh_e.mine..Vi_u. Ihes91kitclhener.ca>; Mike Seiling<.Mii_ke..,Seiill.ii.ing.@_kiitclne_rneir._ca>; Ontario Power _._._.. Generation<.Exenu�u.tivevp.IlavranddeveIopinn eint@o pg.com>; Park Planning (SM) <..earlk..Pllaininiing@kiitcheiner.ca>; Region - Planning <,EII_a.ini2in. YApp llicatiioin.s@re iionoiwateirlloo.ca>; Property Data Administrator (SM) <Prn.pI[2 1gA.e.irm.ii.in..@.Ikii. nlh in_ _r >; Robert Morgan <lRobe.rt..Ifi�_n.ir�;an@Ikitclhener.ca>; Steven Ryder <Steven.R�der@kitcheneir.ca>; Sylvie Eastman <2 lvie.Eastman@kitc�reineraca>• WCDSB - Planning_ _r7_r7.uo� [� <,.._V . g@�nrc s .ca>; Elaine Burns <eaine bu@ca>; WRDSB - Planning <.2 _sb.V _t_tn @wrd.sb.ca> Cc: Brian Bateman <Brp_ain.._B tern n.C.!<itcEhe.n_e_rxa> Subject: Circulation for Comment - 404-430 New Dundee Road (OPA/ZBA) CAUTION -- EXTERNAL E-MAIL - Do not click links or open attachments unless you recognize the sender. Page 133 of 476 Please see attached. Additional documentation can be found in AMANDA folders 22- 127987 & 22- 127988 (City staff) and Slha_r._Fol_e. (external agencies). Comments or questions should be directed to Brian Bateman, Senior Planner (copied on this email). Christine Kompter Administrative Assistant I Planning Division I City of Kitchener 200 King Street West, 6th Floor I P.O. Box 1118 Kitchener ON N2G 4G7 519-741-2200 ext. 7425 1 TTY 1-866-969-9994 christine.l<ompter@I<itchener.ca Page 134 of 476 City of Kitchener Zone Change / Official Plan Amendment Comment Form Address: 404-430 New Dundee Road Owner: Klondike Homes Application: OPA22/014/N/BB and ZBA22/025/N/BB Comments Of: Parks and Cemeteries Commenter's Name: Lenore Ross Email: Lenore. ross@Kitchener.ca Phone: 519-741-2200 ext 7427 Date of Comments: October 03 2023 ❑ I plan to attend the meeting (questions/concerns/comments for discussion) 0 No meeting to be held ❑ I do NOT plan to attend the meeting (no concerns) 1. Documents Reviewed: I have reviewed the documentation noted below resubmitted September 20 2023 in support of an Official Plan Amendment to add a special policy area to the Low Rise Residential designation such that the subject lands be permitted a maximum Floor Space Ratio (FSR) of 0.9 and a density exceeding 30 units per hectare. The Zoning by-law amendment is proposing re -zoning the subject lands from R-1 in By-law 85-1 to RES -5 in By-law 2019-051 with a site-specific provision for FSR, building height, parking, and visitor parking. Revised Conceptual Site Plan dated June 20 2023 prepared by MHBC Planning Ltd. Revised Urban Design Brief dated September 2023 prepared by MHBC Planning Ltd. Arborist Report dated June 2023 prepared by WSP Canada Inc. Updated Environmental Noise Study (rev 1) dated July 112023, prepared by JPE Engineering Civil plans prepared by MTE Consultants Inc., containing: An Existing Conditions Plan; • A Functional Grading and Stormwater Management Plan; and, A Functional Servicing Plan. 2. Site Specific Comments & Issues: Although Parks and Cemeteries has no significant concerns with the proposed Official Plan and Zoning Bylaw applications and can provide conditional support subject to the minor updates to submitted studies that are noted below. A City for Everyone Working Together — Growing Thoughtfully — Building Community NfM of 476 City of Kitchener Zone Change / Official Plan Amendment Comment Form 3. Comments on Submitted Documents The following comments should be addressed at this time. 1) Arborist Report dated June 2023 prepared by WSP Canada Inc a) The Regional Municipality of Waterloo may wish to comment on the impacts to trees within the regional right of way. 2) Planning Justification Report, prepared by MHBC Planning Ltd dated October 2022 a) An updated Planning Justification Report was not circulated. b) Previous comment - It is positive that a centralized on-site amenity space has been shown on the conceptual site plan. The commentary and justification provided in Section 4.4 - City of Kitchener Official Plan and specifically related to Section 8 of the OP related to Parks, Open Space and Urban Forests and policies 8.C.1.21 and 8.C.1.22 should be slightly revised to include a clear commitment to providing robust on-site amenities including, as a minimum, the base amount of outdoor amenity space as outlined in the Urban Design Manual on site. 3) Conceptual Site Plan, prepared by MHBC Planning Ltd. Dated June 20 2023 a) A pedestrian connection to/through adjacent private property is not likely a feasible or acceptable solution for improved access to local amenities and infrastructure and would require the registration of a public access easement across the adjacent property to secure in perpetuity. b) It is positive that a centralized on-site amenity space has been shown on the conceptual site plan as the Doon South Planning Community has been identified as underserved with active neighbourhood park space with only 4. 1M2 / person available within the immediate neighbourhood. Active public park space is not easily accessible from the site and the public park spaces noted in the PJR and UDB are —1200m away. A new park — Wetland Way Park — is somewhat closer at —700m+ but will still require residents to walk along New Dundee Road to Robert Ferrie Dr. Robust on-site outdoor amenity spaces with good solar access, protection from wind and incorporating seating and play equipment for residents of all ages and abilities will be critical to this proposal. 4) Urban Design Brief, prepared by MHBC Planning Ltd dated October 2022 a) Active public park space is not within easy walking distance of the site and the expected walking route to reach local public park facilities would be along New Dundee Road. The developer should provide a clear commitment to providing robust on-site amenities including, as a minimum, the base amount of outdoor amenity space as outlined in the Urban Design Manual on site. This should be reflected in the higher -order Planning studies. b) Section 3.1, page 13 — 8th bullet commentary is inconsistent with site plan layout; 91h bullet commentary should likely be removed as a registered public access easement over adjacent lands is not likely feasible; 111h bullet should be revised to include "seating and play equipment for residents of all ages and abilities." c) Previous comment - The Urban Design Brief should provide conceptual details for on-site amenity spaces including commentary and precedent images to guide detailed site design through the site plan application. Robust on-site 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. d) Section 3.1, page 15 - The precedent images provided should include active play spaces and equipment. A City for Everyone Working Together — Growing Thoughtfully — Building Community � fM of 476 City of Kitchener Zone Change / Official Plan Amendment Comment Form e) An updated Urban Design Brief is required. 4. Policies. Standards and Resources: • City of 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 5. Anticipated Fees: Parkland Dedication The parkland dedication requirement for this submission is deferred and will be assessed at a future Site Plan Application. Parkland dedication will be assessed based on the land use class(es) and density approved through the OPA and ZBA and required as a condition of Site Plan Approval Parkland dedication is required for the application as cash -in -lieu of land according to the Planning Act, Bylaw 2022-101 and the Park Dedication Policy 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. 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 �f9 of 476 From: Katey Crawford Sent: Friday, November 17, 2023 10:16 AM To: Pierre Chauvin; Brian Bateman Cc: Paul Florica; Chelsea Dahmer; Dave F. Hicks; Bicudo, Joao; Vander Veen, Benjamin; Luisa Vacondio Subject: RE: 404-430 New Dundee, Klondike Homes Good morning, Pierre, Thanks to the project team for making the requested changes. I am satisfied with the revised plans and arborist report for this application. Please provide an updated urban design brief reflective of the changes and noting a robust playground including play structure/s within the on-site amenity space on page 15. Best, Katey Katey Crawford, GALA, CSLA Senior Urban Designer / Planning Division / City of Kitchener 519-741-2200 ext. 7157 / TTY 1-866-969-9994 Ite awford Ikiitchener„ca 0 0 0 CID a)"'++�nnNllPf� ll.. From: Pierre Chauvin <pclhgr�rnmlhlpV.circo> Sent: Tuesday, November 14, 2023 1:49 PM To: Brian Bateman <IE3c� in t m in Vc�. clhen ir:c >; Katey Crawford <IK .tau Cu Jnr. a I..........................................................l, > Cc: Paul Florica <auVkVondoVchoruos coma>, Chelsea Dahmer <CDahrne_�r(@mt_5 coma>; Dave F. Hicks <I?FIcks >; Bicudo, Joao <......................................................... . u u o rt�_.nVander Veen, Benjamin <13enManderVeen _ s. om>; Luisa Vacondio <0vacondio «�.mhO_b_cp an.com> .................................................................................................................................. Subject: 404-430 New Dundee, Klondike Homes Hi Brian/Katey, Further to our meeting on October 23rd, I have included below a dropbox link with a revised site plan, grading plan and TMP. Ih tps;(/v w ,,_dropsVgIK /t/y As requested, the site plan has been revised to reflect the latest townhouse design (similar to the Morrison site) and more importantly the two blocks of stacked towns along New Dundee Road on the east side of the entrance has been shifted to now provide an approximately 11 metre setback to protect Page 138 of 476 the trees along this frontage. The grading plan and TMP have been revised accordingly. The TMP also includes a signed letter from the Region, as requested. The notation on the site plan and grading plan has been revised to properly note the height of the retaining wall (max. 1.4 m) along the rear property line. Other items updated in the TMP include: • updated wording in the report regarding preservation methods for trees at the front of the property • temporary and permanent tree protection fencing on plans • aeration pipe detail • and signed Region letter including all of the trees the City was concerned about I trust the enclosed satisfies your outstanding requirements such that we can move this matter forward to a Council decision at the next available PSIC/Council meetings. We appreciate your timely review of the enclosed and I look forward to your response. PIERRE CHAUVIN, MA, MCIP, RPP I Partner MHBCPlanning, Urban Design s Landscape Architecture 540 Bingemans ## Kitchener I ON I N213 3X9 I T 519 576 3650 X Follow URBAN DES� N LANDSCAPE This communication is intended solely for the named addressee(s) and may contain information that is privileged, confidential, protected or otherwise exempt from disclosure. No waiver of confidence, privilege, protection or otherwise is made. If you are not the intended recipient of this communication, please advise us immediately and delete this email without reading, copying or forwarding it to anyone. Page 139 of 476 From: Planning <planning@wcdsb.ca> Sent: Wednesday, January 11, 2023 2:02 PM To: Brian Bateman Subject: RE: Circulation for Comment - 404-430 New Dundee Road (OPA/ZBA) Good Afternoon Brian, The Waterloo Catholic District School Board has reviewed the subject application and based on our development circulation criteria have the following comment(s)/condition(s): A) That any Education Development Charges shall be collected prior to the issuance of a building permit(s). B) That the developer shall include the following wording in the site plan agreement / future condominium declaration to advise all purchasers of residential units and/or renters of same: "7n order to limit risks, public school buses contracted by Student Transportation Services of Waterloo Region (STSWR), or its assigns or successors, will not travel on privately owned or maintained right-of-ways to pick up and drop off students, and so bussed students will be required to meet the bus at a congregated bus pick-up point." If you require any further information, please contact me by e-mail at Jordan. Neale@wcdsb.ca. Thank you, Jordan Neale Planning Technician, WCDSB 480 Dutton Dr, Waterloo, ON N2L 4C6 519-578-3660 ext. 2355 From: Christine Kompter<Ihiris:tirn:IKcrimp> Sent: Friday, December 9, 2022 3:10 PM To: MTO - Jeremiah Johnston (ItL! r. �o_ _h o ns�ra_rr..@_pn arie�.:_ca) <IeUemoah,iphnston@ontario.ca>• ...................... asag.a.@_rp. rtlhd_u_Irirnfrics..ca.. 'clerks@cambridge.ca' <d.erlks_@ca.i _ rid. e.ca>; _DL_#_DSD_Planning <I S_I .::: { V_a_r _nein l .0 ro�iorti_@kotch_enerxa>; Bell - c/o WSP <dreulatopins@ sp_,! pqj m>; Carlos Reyes <Carlos.1Re a ,s..@_Vci h ru_ _ra a>; Darren Kropf <[ arren.K�rol �@Ikitcheneir.ca>: Dave Seller <Dave.Selller@Ikitclhenner.ca>; David Paetz <Davi.d..P.aetz.@.ki.tch_a_in_e.r..ca.>; Ellen Straus ...................................................... ..._........... <if; V.V rn_oStrau.as.@_O<. c_Dr rgar.o_a>; Enova Power Corp. -Greig Cameron<,�reogocameUon@enova�poweUocom>; Enova Power Corp. - Shaun Wang <sh_a.0 n..wang.( g!1.2ygpower.com>; Feds <v.e..(_.ig�_s..�a,>; GRCA - Planning (p.ia_rnrn.:ir7g@grandriver.ca) <pn0annun @ UandUuveUoca>; Greg Reitzel < regoi utx V@Kit hener.ca>; Hydro One -Dennis DeRango<Iaru�aus�p0.a_rr_rr_ung@6�ydrpu�� .�prra>; Jim Edmondson <Jim lE dmondson.C.!Otc.hener ca>; Justin Readman <Juus�in Readma_n.L ku chener.ca>; ........ ......... ....... Katherine Hughes <IKatlh..... .. .. Ontario Power Generation<Execuutiivpvp.._Ja_wa!n_d_d_evei_p.la.f !ging:.@_p.lpg.cplr!>; Park Planning (SM) <,Fla_irlk.Pllaininiiin.g_@.._k:iitcln_e.ineir.ca>; Region - Planning <,PII_ain J.n.g thlnpllica:t.ii ins@ira giinin nnra irll n.ca>; Page 140 of 476 Property Data Administrator (SM) <Prpp.2�t Adinng.in.. .lk(O Ihginer:g .>; Robert Morgan <.1.1.2h.211.Mp.�ganC kitcheneU,ca>; Steven Ryder <5t veru.Ryder@kitcheruer,ca>; Sylvie Eastman ................... .............................. <,S,Vv'ue.11 astman@k'utcheneir.ca>; Planning <pVg_ru_ru.i B@wcdsboca>; WRDSB - Board Secretary eVaM burns a wrd.sb.ca <e0aing buairns@wirdsboca>; WRDSB - Planning <planr'ung@wirdsb.ca> Cc: Brian Bateman<IE... p:.olEte_rp_r.._Vcu.cheu.._e_.p.> Subject: Circulation for Comment - 404-430 New Dundee Road (OPA/ZBA) Caution - External Email - This Message comes from an external organization. Do NOT click on unrecognized links or provide your username and/or password. Please see attached. Additional documentation can be found in AMANDA folders 22- 127987 & 22- 127988 (City staff) and Slha_1e_F.l_e. (external agencies). Comments or questions should be directed to Brian Bateman, Senior Planner (copied on this email). Christine Kompter Administrative Assistant I Planning Division I City of Kitchener 200 King Street West, 6th Floor I P.O. Box 1118 Kitchener ON N2G 4G7 519-741-2200 ext. 7425 1 TTY 1-866-969-9994 christine.kompter@kitchener.ca �16 #T MmsRiill Disclaimer - This email and any files transmitted with it are confidential and contain privileged or copyright information. You must not present this message to another party without gaining permission from the sender. If you are not the intended recipient you must not copy, distribute or use this email or the information contained in it for any purpose other than to notify us. If you have received this message in error, please notify the sender immediately, and delete this email from your system. We do not guarantee that this material is free from viruses or any other defects although due care has been taken to minimize the risk. Any views expressed in this message are those of the individual sender, except where the sender specifically states them to be the views of the Waterloo Catholic District School Board. Page 141 of 476 From: Christie Kent <christie kent@wrdsb.ca> Sent: Wednesday, January 11, 2023 11:10 AM To: Brian Bateman Subject: WRDSB Circulation Comments: 404-440 New Dundee Road OPA/ZBA You don't often get email from christie kentC@wrdsb.ca. Learn why this is important Good Morning Brian, The WRDSB offers the following comments for information and consideration with respect to the above noted circulation: Student Accommodation As this time, the subject lands are designed to attend Groh PS and Huron Heights SS; however due to significant enrolment pressures at both schools, WRDSB Planning Staff will be recommending that a Development Area is established over the subject lands. Temporary student accommodation would be provided at alternative schools, to be identified and recommended as part of the Annual Development Area Report to be presented to the Board of Trustee for decision in February 2023. WRDSB Administrative Procedure 4992 provides information on Development Areas, including notification protocols, public consultation and annual reporting. Funding and site approval has been obtained for the construction of a new school at Thomas Slee Drive and Ian Ormston Drive. Construction has not yet begun and a timeline for opening of the new elementary school cannot be confirmed at this time. It is noted that future permanent student accommodation for elementary students within the Development Area will be included in a boundary review process. Student Transportation The WRDSB supports active transportation, and pedestrian safety and connectivity should be considered in site design and through the construction process. Please be advised that Student Transportation Services of Waterloo Region (STSWR)'s school buses will not travel privately owned or maintained right-of-ways to pick up/drop off students. Transported students may be required to meet the bus at a congregated bus pick-up point on a municipal right-of- way. Education Development Charges Please be advised that any development on the subject lands will be subject to the WRDSB's Education Development Charges By-law, 2021, as amended or any successor thereof and the payment of Education Development Charges may be required prior to the issuance of a building permit. Please do not hesitate to reach out with any questions or concerns. I will provide an update regarding the Development Area recommendations once the report is publicly available. Thank you, Christie Christie Kent MCP RPP Page 142 of 476 Senior Planner Waterloo Region District School Board 51 Ardelt Avenue, Kitchener ON, N2C 2R5 C: 226-748-4803 T: 519-570-0003 Ext. 4459 E: christie trent(-vrrdsb.ce Page 143 of 476 From: Paul Ayotte Sent: Tuesday, December 20, 2022 11:45 AM To: Brian Bateman Cc: Danielle Ayotte Subject: 404-430 New Dundee Road Importance: High You don't often get email from . Learn why this is important Hi Brian, This proposed development is in my backyard. I just read the notice and it says to direct concerns to you. In advance, thanks for listening. In general, I am pro development when it is done the right way. My concern here is that many families moved into this area because of the estate style homes and large lots associated with it. People paid for this with the expectation that future development would preserve the fabric of the neighborhood. Stacked townhomes do not do this, they add traffic, noise and increased wear and tear on the infrastructure we pay for. This development is right beside a heritage designated home. I have lived in this area for 5 years now and have seen litter, illegal dumping, theft, vandalism and speeding all get worse as the development density has increased. If they are going to develop they should build detached homes. Let me know if there is another forum I should be submitting these concerns to. Thanks, PaU Ayotte l e liiormalll Vice Il urealiidermf Cainada W,A" � ��� ���� An equal opportunity employer � � r The contents of this email are confidential and intended for the recipient only. If you have received this email in error, please notify us, and destroy all copies. Page 144 of 476 From: Sent: To: Cc: Subject: Follow Up Flag: Flag Status: Hi Brian, Wafik Moussa Monday, February 27, 2023 11:21 AM 'RICHARD PIEKARZ'; Brian Bateman Tina Malone -Wright; Christine Michaud; Anne Hastings; Brandi Hilton; Emily Morris; Frenec Mihaly; Irene Prahaler; Judy Schill; Werner Hohn Re: Proposed Meeting Date - February 16 at 6:30 at MHBC Offices Follow up Flagged I want to summarize the point I stressed during the meeting: We understand that population growth might make re -zoning this parcel of land to RES -5 attractive. What we fail to understand is the city's motive to consider granting exceptions to existing bylaws to allow 160 units to exist on this parcel. The exceptions requested by the developer are to increase Floor Space Ratio (FSR) by 50% (0.6 to 0.9) and the height to 14 meters instead of the allowed 11 m. The reasoning the city planning committee drove forward on the meeting to accept the exceptions is simply not based on reasonable or logical grounds: "The 4th floor is partially under grade due to the slope of the land and thus shouldn't count fully in FSR calculations or height calculations" Even taking that in consideration assuming the 4th floor is fully underground (which is not the case) that warrants an increase of 25% to the FSR which results in an FSR of 0.75 not 0.9. Multiplying the capacity by a factor of 1.5X is very unreasonable. The by-law is in place to prevent against overcrowding and straining infrastructure. Increasing the number of units in such a drastic fashion is unjustifiable. Same reasoning was brought forward about height which again doesn't make sense and loses track of the need for development to blend in with the surrounding as per the City of Kitchener Urban Design Policy (11.C.1.31 - 11.C.1.33). Furthermore, the fact that the development is overlooking a regional road on the South does not justify a height exception at the North end at the boundary of a residential single homes (our backyards). Finally something that was never mentioned is that according to the City of Kitchener Zoning By-law 2019-051 Section 7, the maximum number of storeys in RES -5 Cluster Townhouse Dwelling Unit is 3. The developer is simply breaking this rule that again protects against both overcrowding and the need for a new development to blend in within its surroundings. If the number of units are reduced by removing a floor from each building: - FSR ratio would be at 0.75 (still above the allowed 0.6 requiring an exception but not by 50%) - Height would not require an exception - Number of storeys would abide to zoning by-law All the problems we discussed about lack of infrastructure around parking, traffic/mobility (lack of pedestrian side walks, biking lanes, bus routes) and noise would be solved if the city does not agree to grant these exceptions. The city planning committee has a duty of care to protect our interests as residents of the city and the interests of future residents of this development and to safeguard both our and their safety, comfort and well-being. The only reason the city would grant this exception is to appease a developer driven by profit. That argument for efficiency and solving the housing market problem would only apply if the developer is not Page 145 of 476 commending market price for these units or if the developer is a non -for-profit organization. I am all for a developer to profit from their project, I just think this needs to happen within reason and while respecting the zoning by-laws in place to protect us. Thanks for your support throughout this process. I hope the city enforces its by-laws and exercise its right to offer exceptions responsibly based on logically sound and fair grounds. Regards, Wafik Moussa, MASc, MBA, P.Eng. On Friday, February 24, 2023 at 10:40:08 a.m. EST, Brian Bateman <brian.batemanCa-)kitchener.ca> wrote: Received — thank you, Richard. I will be in touch regarding next steps. Brian From: RICHARD PIEKARZ Sent: Friday, February 24, 2023 9:34 AM To: Brian Bateman <Brian.Bateman(&kitchener.ca> Subject: Re: Proposed Meeting Date - February 16 at 6:30 at MHBC Offices HI Brian See enclosed Questions and Notes pertaining to the Meeting on Feb 16 th Also Attachment's that are part of the file Any questions or Concerns please advise Please confirm receipt and next steps forward Kind Regards Richard Piekarz Page 146 of 476 On Monday, February 13, 2023, 12:43:14 p.m. EST, Brian Bateman <brian.batemanakitchener.ca> wrote: Richard, Sending you the Agenda for Thursday's meeting. See you there. Brian From: Brian Bateman Sent: Friday, February 10, 2023 4:09 PM To: 'PIEKARZ' Cc: Tina Malone-Wright<Tina.MaloneWright(a)kitchener.ca>; Christine Michaud <Christine. Michaud(a)kitchener.ca> Subject: RE: Proposed Meeting Date - February 16 at 6:30 at MHBC Offices Hi Richard, Sorry the delay in responding. I think it is prudent to meet first with the owner to discuss the issues to see if there can be any resolutions reached. Depending on the outcome, responses can be provided. Looking forward to the meeting. Brian From: PIEKARZ Sent: Wednesday, February 8, 2023 4:55 PM To: Brian Bateman <Brian.Bateman(a,kitchener.ca> Cc: Tina Malone -Wright <Tina.MaloneWright(cDkitchener.ca>; Christine Michaud <Christine. Michaud(okitchener.ca> Subject: Re: Proposed Meeting Date - February 16 at 6:30 at MHBC Offices Hi ... Brian When do you think we can get a response back on the questions Page 147 of 476 Best Regards Richard Piekarz On Jan 31, 2023, at 12:25 PM, Brian Bateman <Brian.Bateman (cDkitchener.ca> wrote: Thank you, Richard. From: PIEKARZ Sent: Tuesday, January 31, 2023 12:00 PM To: Brian Bateman <Brian.Batemanakitchener.ca> Cc: Tina Malone -Wright <Tina. MaloneWright(a)kitchener.ca>; Christine Michaud <Christine. Michaud(cD_kitchener.ca> Subject: Re: Proposed Meeting Date - February 16 at 6:30 at MHBC Offices Hi Brian We are good with that date and time Best Regards Richard Piekarz On Jan 31, 2023, at 9:16 AM, Brian Bateman <Brian.Bateman(aDkitchener.ca> wrote: Hello Richard, Just following up on my earlier email. Can you please advise asap as calendar are booking up. Thanks. Brian From: Brian Bateman Sent: Friday, January 27, 2023 3:40 PM Page 148 of 476 To: RICHARD PIEKARZ Cc: Tina Malone-Wright<Tina.MaloneWright(a-)kitchener.ca>; Christine Michaud <Christine.Michaud(a)kitchener.ca> Subject: RE: Proposed Meeting Date - February 16 at 6:30 at MHBC Offices Richard, Pierre Chauvin, MHBC, has offered to hold a meeting at their offices on February 16 at 6:30. Can you please canvass your group to see if that date and time works? Agenda will follow. Brian From: Brian Bateman Sent: Wednesday, January 25, 2023 9:35 AM To: RICHARD PIEKARZ Cc: Tina Malone -Wright <Tina. MaloneWright(a)kitchener.ca>; Garett Stevenson <Garett.Stevensona()kitchener.ca>; Christine Michaud <Christine. Michaud(d-)kitchener.ca> Subject: FW: Proposed Development in Doon Hello Richard, I wanted to acknowledge receipt of your email and thank you for providing your concerns and question. I will review them and respond accordingly. Will be in touch. Brian From: RICHARD PIEKARZ Sent: Tuesday, January 24, 2023 10:01 AM To: Brian Bateman <Brian.Bateman(a)kitchener.ca> Subject: Re: Proposed Development in Doon Page 149 of 476 Hi Brian Please Confirm Receipt of this Documents and can you please forward a Copy to Christine our ward Councillor Enclosed is a follow UP to the Zoom Meeting Contained in this documents is a series of Questions that need answers for the residents on Pearwood Court . Can you have your team go thru this documents and Add answers and forward it back to us Once we have your answers our group on Pearwood can review the responses. We would like to schedule a meeting with yourself and anyone you feel that would be necessary. On Monday, January 16, 2023, 05:00:15 p.m. EST, Brian Bateman <brian.bateman[a)kitchener.ca> wrote: Richard, See responses below. Brian From: RICHARD PIEKARZ Sent: Monday, January 16, 2023 12:45 PM To: Brian Bateman <Brian.Bateman(a)kitchener.ca> Subject: Re: Proposed Development in Doon Brian a Few Questions Can you give us a proposed agenda of the zoom meeting_ - 7:00 pm Welcome and Introduction 7:05 pm Presentation City of Kitchener Page 150 of 476 Applicant Team What We Heard 7:30 pm Questions & Answers through Q & A 8:00 pm Next Steps 8:05 pm Open Dialogue 8:30 pm Wrap Up How much time will be given to the residents of Pearwood Court - about an hour Will the Meeting be recorded and will we have access this meeting call at a later date - Yes and yes Do you have a list of Proposed attendees from the cities side plus any other individuals that you know of that will be on the call I assume Christine Michaud our ward Councillor will be on the call - there will be several City staff to help run the meeting in addition to myself; the landowner and his planning and engineering consultant; Christine is scheduled to attend . Brian Kind Regards On Friday, January 6, 2023, 05:00:31 p.m. EST, Brian Bateman <brian.bateman(a)kitchener.ca> wrote: Hi Richard, Thanks for the follow up — I have attached the proposed grading plan for your information. With respect to rear building elevations and detailed planting plans, typically they are submitted with a site plan application. At this point, the owner is seeking land use approvals so the massing, height and setbacks are considerations. This information is detailed in the Urban Design Brief. However, I will ask the owner's planning consultant if preliminary elevations are available and show them at the meeting. Brian Page 151 of 476 You don't From: PIEKARZ Sent: Thursday, January 5, 2023 9:46 AM To: Brian Bateman <Brian.Bateman(a�kitchener.ca> Subject: Re: Proposed Development in Doon email from earn why this is important Hi Brian Couple items Could not open grading info in the file seems it is open Also to get a perspective on what this will look like we would need Any proposed Architectural drawing of the rear of these town homes facing the rear of Pearwood court Also we would like to see the proposed planting schedule and design drawing and design for the 4.5 m buffer zone from retaining wall to property lines In my review of all documents I find many mistakes and perceived issues from traffic studies to noise studies to the simple basic mathematical calculation of lot size. Page 152 of 476 The sole purpose of mutual understanding of what is to be built to give people to understand what they will be looking at, so it is significantly important. I trust that you can dig around to find this data needed for our meeting Best Regards Richard Piekarz LLC file 2 On Dec 30, 2022, at 5:00 PM, Brian Bateman <Brian.Bateman(a)kitchener.ca> wrote: Hi Richard, Thank you for your email and for taking the time to contact me. Here's a link to the City's website that contains all the applicant's technical supporting material: sUPPORTING dOCUMENTS (kitchener.ca). Trusting this is satisfactory. Brian From: RICHARD PIEKARZ Sent: Friday, December 30, 2022 11:18 AM To: Brian Bateman <Brian.Batemanna.kitchener.ca> Subject: Proposed Development in Doon Page 153 of 476 You don't often get emaillfdom Learn why this is important We recently received a development card in the mail regarding a townhouse development on Dundee Rd For the people on Pearwood court that would rear face this development and for us to formulate constructive questions for your zoom meeting can you provide us with the following : Lot plan of the development with said mention of clearances to the rear yards of homes on Pearwood court Rear elevation view of Town Houses the proposed development to the lot lines of Pearwood court at current grade level Copy of the application for Demolition of the proposed Homes Copy of the Traffic study Copy of the plan or Environmental Study of the Green space trees in the rear of Pearwood court along the proposed development Copy of the building Permit Application for the development Page 154 of 476 Copy of the Application for Zoning Change Any proposed Architectural drawing of the rear of these town homes facing the rear of Pearwood court Having this information will give us a opportunity to formulate questions on the zoom meeting and offer clear transparency for the development to the doon community. Kind Regards Richard Piekarz : Resident and Property Owner of Pearwood Court File LLC 1 Page 155 of 476 From: Wafik Moussa Sent: Wednesday, December 21, 2022 12:55 PM To: Brian Bateman Cc: cchristine.muchaud@kitchener.ca Subject: Comments on Proposed Development 404-430 New Dundee Road You don't often get email from Learn why this is important Dear Mr. Bateman, We are submitting our comments regarding the "404-430 New Dundee Road" proposed development. On behalf of ourselves, our family and many neighbors living on Pearwood Court I want to echo our concern and disappointment that the City of Kitchener is entertaining the idea of having such a large development in our backyards. Concentrating that many units (160 units) in this parcel of land within a suburban area destroys the value of our homes and eliminates all the peace, quiet and privacy we sought after when we chose this location to live. I cannot imagine the amount of noise pollution and air pollution that 186 cars and that many residents can produce at a 10 meters distance from our home. Looking at the proposed conceptual site plan it reflects a lack of taste and consideration for the families living in this project's backyard. In fact the project has no backyard. A set of 5 groups of 16 unit stacked townhomes are lined up right where our backyards end. Each one of these is 14 meters high. Why not move the green areas to face our residential homes instead of being faced with the back of these 14 meter high building? Why not build less units to keep height at par with the rest of the neighborhood? The developer has no regard for tax paying residents who lived here peacefully for years, the developer only cares to maximize profit no matter the consequences. As proud residents of this neighborhood and this city, we are hoping that the city would protect our interests in maintaining our homes as a peaceful safe haven for our families to grow protected from the harms of pollution produced by poorly planned overcrowded developments and with access to the right to see greenery when we open our windows and when our kids play in their backyard and not hideous concrete walls. The city should not accept a proposal where we lose our peace, we lose our privacy, we lose the value of our homes and dignity for a developer to profiteer. In conclusion my feedback is this project should not be allowed to proceed with the current proposed site plan if the city is keen on protecting our wellbeing as residents. Thanks for your support. Regards, Wafik Moussa, MASc. MBA P.Eng. Mira Moussa, H.BSc JD Residents of Pearwood Court Page 156 of 476 From: Sent: To: Cc: Subject: You don't often get email from Good Afternoon, Werner Hohn Wednesday, December 28, 2022 1:19 PM Brian Bateman; cchristine.michaud@kitchener.ca Tracey Jurevicius 404-430 New Dundee Road Learn why this is important I am writing concerning the Notice of Development that my wife and I recently received. We reside at 38 Pearwood Court which is directly behind the proposed development. Our home was purchased and occupied by us in February 2001. Our concerns are as follows: 1) The proposed height of the low rise residential stacked townhouses is 14 meters which is 46 feet. The current homes in this area are 2 stories with a height of approximately 7.3 meters or 24 feet. These so- called low rise townhouses would be twice the height and dwarf the existing homes. 2) Privacy in our backyard is another issue due to the 46 foot height of the townhouses. 3) How close to the existing property lines would the townhouses be located? 4) There are a substantial number of mature trees in the backyards of the current large homes located on New Dundee Road. Would these all be cut down? And if so, does the developer intend to create a buffer and plant new trees to separate the existing homes on Pearwood Court from the planned townhouses? 5) Where will the entrance/exit from the proposed development be located on New Dundee Road? The current amount of traffic and the speed of the cars travelling on New Dundee Road already make it difficult and dangerous to turn onto New Dundee Road from Thomas Slee Drive to get out of our subdivision. 6) A major concern is the impact to the current property values of the existing homes located on Pearwood Court. When we purchased our home in September 2000 we paid a lot premium due to the location. These are the concerns that presently come to mind. I am sure our neighbours will have concerns of their own in addition to ours. We definitely will be at the January 19th Zoom meeting to receive additional feedback concerning this proposed development. Sincerely, Werner and Tracey Hohn Page 157 of 476 From: Sent: To: Subject: You don't often get email from Hi Brian Couple items PIEKARZ Thursday, January 5, 2023 9:46 AM Brian Bateman Re: Proposed Development in Doon Learn why this is important Could not open grading info in the file seems it is open Also to get a perspective on what this will look like we would need Any proposed Architectural drawing of the rear of these town homes facing the rear of Pearwood court Also we would like to see the proposed planting schedule and design drawing and design for the 4.5 m buffer zone from retaining wall to property lines In my review of all documents I find many mistakes and perceived issues from traffic studies to noise studies to the simple basic mathematical calculation of lot size . The sole purpose of mutual understanding of what is to be built to give people to understand what they will be looking at, so it is significantly important. I trust that you can dig around to find this data needed for our meeting Best Regards Richard Piekarz LLC file 2 Page 158 of 476 On Dec 30, 2022, at 5:00 PM, Brian Bateman <Brian.Bateman@kitchener.ca> wrote: Hi Richard, Thank you for your email and for taking the time to contact me. Here's a link to the City's website that contains all the applicant's technical supporting material: SUPPORTING clOCUMENTS (kitchener.ca). Trusting this is satisfactory. Brian From: RICHARD PIEKARZ Sent: Friday, December 30, 2022 11:18 AM To: Brian Bateman <Brian.Bate man@kitchener.ca> Subject: Proposed Development in Doon You don't often get email from Learn why this is important We recently received a development card in the mail regarding a townhouse development on Dundee Rd For the people on Pearwood court that would rear face this development and for us to formulate constructive questions for your zoom meeting can you provide us with the following : Lot plan of the development with said mention of clearances to the rear yards of homes on Pearwood court Rear elevation view of Town Houses the proposed development to the lot lines of Pearwood court at current grade level Copy of the application for Demolition of the proposed Homes Copy of the Traffic study Copy of the plan or Environmental Study of the Green space trees in the rear of Pearwood court along the proposed development Copy of the building Permit Application for the development Copy of the Application for Zoning Change Any proposed Architectural drawing of the rear of these town homes facing the rear of Pearwood court Having this information will give us a opportunity to formulate questions on the zoom meeting and offer clear transparency for the development to the doon community. Kind Regards Richard Piekarz : Resident and Property Owner of Pearwood Court Page 159 of 476 File LLC 1 Page 160 of 476 From: Sent: To: Subject: You don't often get email from Hi Brian RICHARD PIEKARZ Friday, December 30, 2022 11:18 AM Brian Bateman Proposed Development in Doon Learn why this is important We recently received a development card in the mail regarding a townhouse development on Dundee Rd For the people on Pearwood court that would rear face this development and for us to formulate constructive questions for your zoom meeting can you provide us with the following : Lot plan of the development with said mention of clearances to the rear yards of homes on Pearwood court Rear elevation view of Town Houses the proposed development to the lot lines of Pearwood court at current grade level Copy of the application for Demolition of the proposed Homes Copy of the Traffic study Copy of the plan or Environmental Study of the Green space trees in the rear of Pearwood court along the proposed development Copy of the building Permit Application for the development Copy of the Application for Zoning Change Any proposed Architectural drawing of the rear of these town homes facing the rear of Pearwood court Having this information will give us a opportunity to formulate questions on the zoom meeting and offer clear transparency for the development to the doon community. Kind Regards Richard Piekarz : Resident and Property Owner of Pearwood Court File LLC 1 Page 161 of 476 From: Sent: To: Cc: Subject: Follow Up Flag: Flag Status: You don't often get email from Hi drjaspreet Singh gill Thursday, January 5, 2023 7:44 PM Brian Bateman cchristine.michaud@kitchener.ca Regarding New Townhomes Doon South URGENT Follow up Flagged Learn why this is important lam writing in response to letter received regarding building townhomes on new dundee. I believe this is extremely unfortunate and disappointing. My views in this regard 1. New dundee is a very busy and dangerous road , with many safety concerns including speedy vehicular traffic. More construction will add to apathy of the situation. 2. Entire landscape of doon south is already destroyed with that new storage construction along with the multistorey rainbow lake apartments . ( extremely overpriced and at a vulnerable spot,) New townhomes location is absolutely shocking. There are big houses all around The whole calm atmosphere is going to take a beat. More construction will completely destroy doon south. There are new homes by activa coming up on new dundee. What is the point of taking down a single home and built townhomes between the houses ? We are completely moving towards pulling down the ecosystem and natural environment. My suggestion and future recommendations 1. We need a good community center in doon south. So many new people have moved in this community. Have we done enough for them? Lack of community centers has forced us to travel to far off places for basic facilities. Our children are traveling to far off locations for swimming and other basic activities. 2 Have we ever thought about our seniors in the community? There are no small grocery centers nearby . There are no good libraries ( lack of community center ) for them to visit during their free time . All this has lead to no community programs and no interaction among the doon south locality. 3. Are we only focused on getting more people by building townhomes or are we focused on building the communities. Lack of good schools ( no schools for newly built construction)have lead our children traveling kms everyday. Our parents and seniors can't walk down with the children to school due to distance. We are not doing enough to bring everyone together and create a close knit community with all facilities. Page 162 of 476 4. The biggest issue is that we are only focusing on destroying doon south by building townhomes and condos rather than providing facilities for the existing residents. Kindly reject this new proposal and save #Doonsouth for our children and our future. If you need more discussion and recommendations on this please feel free to contact Thanks Regards Jaspreet Gill Resident Doon South Kitchener Sent from Yahoo Mail on Android Page 163 of 476 From: brandi hilton Sent: Wednesday, May 10, 2023 12:44 PM To: Brian Bateman; Christine Michaud Cc: Michael Rand Subject: Impact of 430 New Dundee are on 54 Pearwood Court Attachments: IrRage.jpegi Image.jpegi lxRage.jpeg; lxRage.jpegi Image.jpegi lm g - Hi Brian , I know we are waiting to hear from Paul in regards to all our concerns. I just want to clarify by way of a few photos the exact issue we're concerned about at our home. Christine did come out a few years back to see our concern with the development at 448 New Dundee Rd. But 430 has a much bigger impact on our yard with regards to the berm being flattened. We had an arborist out and showed him the design development of 430 ND rd. with the removal of the berm. The arborist made it clear to us that the 6 large spruce trees we planted on our side, along fence, are at very high risk of damage with the berm flattened and the wind, dust and debris. Debris and it's not possible to relocate them. I've attached photos of our trees and the berm. Our trees are roughly 12 feet tall and young and healthy. The concern is that when they die (and it could take a year), Paul would have to replace them and he won't be able to get the equipment down into our yard for the 12-15 feet trees and we have concrete steps on both sides. He would have to have the concrete steps ripped up and replace them along with the trees and grass etc. Please forward these images and our concern along to him for his consideration while planning. We feel that leaving the berm behind our home is imperative to protecting our property. In fact, we would appreciate it if you could come and see what we are trying to explain if possible. Regards, Brandi and Mike Pearwood Court, Kitchener Get Outlook for iOS Page 164 of 476 From: brandi hilton Sent: Sunday, January 8, 2023 10:41 AM To: Brian Bateman Cc: Christine Michaud; Michael Rand Subject: 404-430 New Dundee Rd Hi Brian, I'm a resident on Pearwood Court greatly concerned about this huge development going in behind our property. We have been in touch last year with Andrew Pinell and our Councillor Christine Michaud regarding the development of 448 New Dundee Rd. We are located at 54 Pearwood Court and our property boarders both of these developments (404-430 and 448 New Dundee). We have been in touch with engineers who warn us that the slope of the land and the sandy area puts our backyard at great risk of damage and we've recently invested over 150k in upgrades (inground pool, concrete steps, mature trees, deck and shed). There is a large berm behind us between our yard and 430 New Dundee Rd. Do you know if this will remain? We're very concerned about grading and sediment if this is removed. Is the city planning to leave the treeline to protect the residents of Pearwood Crt ? Will there be a large retaining wall to protect the existing mature properties from the noise of the 401? Can the city do anything to have the two developers work together to build a safe road in from Ridgemount Street? We've been living on Pearwood Court for 10 years now and we've seen a huge increase in traffic on New Dundee Rd as well as parking concerns in the new Activa development on Ormston where the new school is going in, how are cars going to get in and out of this development with 160 new residents? Thank you in advance for hearing our concerns. We look forward to some answers at the Zoom meeting in two weeks. Brandi Hilton and Mike Rand Pearwood Court, Kitchener Page 165 of 476 From: Laura Obal Sent: Saturday, January 7, 2023 5:48 PM To: Brian Bateman; cchristine.michaud@kitchener.ca; Christine Michaud Subject: Development at 404-430 New Dundee Road Hello Brian and Christine, We received the notice about the development proposed for 160 stacked townhouse units at 404-430 New Dundee Road. Please DO NOT build any more in this beautiful area. We live on Thomas Pedder Court and are already upset enough about the high rise building that went in across New Dundee from the Ormston Property. We moved here to be on a court in a quiet neighborhood with low traffic. We understand that there is a need for more housing in the area but this is certainly not the best place for it as there are no amenities nearby to accommodate high density units. We need more police, firefighters, hospitals etc. We cannot continue to grow without being proactive with this highly needed infrastructure. There are all kinds of concerns that haven't been addressed first. This will lead to crowding, more crime in our city etc. The proposed Doon South II Public School was approved in 2019 but doesn't actually have enough funding to complete the project due to material cost increases (thanks to the currently Provincial Government). This will mean that there is no school to support all of the extra people moving into the area. As it is, children are being sent to already overcrowded temporary schools. We desperately need the funding so that this school can be built (not to mention the fact that we need at least 2 other High Schools in the area). There is also no easy entrance or exit to this proposed development area. New Dundee is a busy and fast road. This property is also on a hill and will require too many trees to be cut down. The entrance and exit point for these condos cannot be between the exciting homes. Please do not approve this project!!! Thank you for your time, Laura Sent from my iPhone Page 166 of 476 From: ahastings007 Sent: Saturday, January 7, 2023 6:25 AM To: Brian Bateman Subject: 404-430 New Dundee Rd You don't often get email from Dear Mr Bateman, I have been a resident of Pearwood Court in Kitchener since 1999. 1 purchased my home with the knowledge that I was backing on to large homes with large properties allowing me privacy, which is why I located here. I'm sure I can speak for the other residents along this side of Pearwood Crt, that they too found that as a big part of their decision to purchase here. So to find out that we are now going to have 160 stacked townhouse units, which according to the concept drawing, look nothing more than a bunch of cement blocks, ( not much architecture there!) is more than disappointing! Looking at the tree report, there are 347 trees in total, of which only 23 will remain. Are you kidding me? Yes, I saw that 140 could "possibly" be relocated... but no guarantees. And where would these "transplants " be going? How is this even close to being environmentally responsible? Trees provide us (humans)with oxygen, natural cooling for the planet, homes and nesting spots for birds and other wildlife, a natural sound barrier from the ever increasing traffic noise of the 401 and New Dundee Rd, and also privacy for the residents of Pearwood Crt... which is what we paid for! Where are our rights in all of this? Are we just to be submissive to the hands of the developer, who has much deeper pockets? The number of units should be reduced and the height of the units should be lowered. A dense tree line and the privacy of the residents must be maintained... period! There are 160 units to be built ... most households these days have more than one vehicle, usually 2 on average ... (not 1.05! )Who owns 1.05 vehicles? According to my math, that makes 320 vehicles. There are 186 parking spaces, and it appears, (according to the vague plans) that there may be 4 spots per 16 unit block that have a garage/driveway. So call that 40 + 186 = 226. That looks like there will be a possible overflow of 94 vehicles.... where exactly are they to park? On New Dundee Rd where the posted speed limit is 80kms? Which we know people drive faster than that. Where there are future plans for a truck company/stop in the undeveloped land across the street? How safe will that be? Was that even a consideration? This is irresponsible planning in my opinion. This project is totally out of place in this neighborhood. I would have expected more from the city to protect the rights and privacy of the current residents whom have been taxpayers for a very long time ... and also from Klondike homes as the developer ... I was under the impression they built nice high end homes. I guess I'm mistaken. Both entities have let us, the existing residents, down! Anne Hastings Sent from my Galaxy Page 167 of 476 From: brandi hilton Sent: Friday, February 17, 2023 12:46 PM To: Brian Bateman Cc: Michael Rand Hi Brian, Thank you for taking the time to hear our concerns last night. Mike and I would like to add one more comment that we're hoping you could bring to Paul's attention. The buffer between our property and the development is more narrow than the rest AND the height of the buildings are higher in comparison to the others. As I mentioned our engineer is concerned for the sand and grading and damages to our upgraded yard. Could he consider increasing the buffer on our side ? Should he build any one building with less stories could it be the one on west side behind us. Although we're all impacted on Pearwood Crt, we feel we are really being hit the hardest. Thank you, Brandi and Mike Get Outlook for iOS Page 168 of 476 From: Sent: To: Cc: Subject: Attachments: You don't often get email from Hi Brian, brandi hilton Sunday, January 29, 2023 9:16 AM Brian Bateman; Michael Rand Christine Michaud Fw:oPearwood Cres Pearwood Cres.pdf Learn why this is important Last year when the city proposed the owner of 448 New Dundee Rd's plans to develop his land, Mike and I were very concerned for the destruction and damage of our backyard. We contacted JD Barnes and spoke with the engineer below who did an arial view and expressed concern that we could end up with sink holes etc. The grading of the land and the sand puts our recently renovated backyard at great risk. Now the owner of 430 New Dundee Rd's plan raises this same concern for us. MTE came out and did a free survey of our property along with 58 and 62 Pearwood Court as we all had simialr concerns. They offered this service free of charge for their developer (448) as it seems very unfair for us to to have to pay $3,000 or more to have our own engineers look at the situation from our backyards. We have not heard anything snce these surveys were done last summer. Our concern with the current proposed plan is that it shows the entire berm that protects our backyard is flattened with a short retaining wall (shorter than the rest of the street). The owner of 430 New Dundee Rd gave us permission 6 years ago to plant mature trees on this berm. We've invested thousands of dollars planting trees which will now be torn down. While we are well aware this was always a risk, it is environmentally unethical. These are young healthy spruce trees. Can the city please provide and engineer to look at this situation from our backyards to assess our risks of damage and help propose a fair deal with this developer. When we installed our inground pool and concrete we had concrete steps put in on both sides of our home since our walkout is so steep. We planted 13 eight foot spruce trees on our land to help protect us from all this. If we lose our trees, or our concrete cracks and our fibreglass pool lifts or is damage, we are landlocked with our concrete steps and cannot get the equipment in again to replace what is there. As you can see in the quote below, our engineer suggested we seek legal counsel which is very unfortunate. Thank you for hearing our concern and we look forward to the meeting with the other residents soon. Brandi Hilton and Mike Rand Pearwood Court Page 169 of 476 From: Jason Elliott Sent: January 7, 2022 6:26 PM To: Subject:oPearwood Cres Hi Brandi, As per our discussion earlier today, I hope that your neighbor is kind and you are not forced into protecting yourself. Please find the attached proposal for what we can provide for some As -built/ settlement surveying. I believe your very smart to think ahead of this construction, let me know If you have any questions or concerns about what we could provide. Kind Regards, Jason Elliott, O.L.S. Project Supervisor J.D. Barnes Limited 100-4273 King Street East Kitchener, Ontario, N2P 2E9 T: (519) 578-2220 F: (519) 650-5625 .Agj.l.i.!2.t.t..@.Ldlbarnes.com . . RES Page 170 of 476 From: Wafik Moussa Sent: Monday, February 27, 2023 11:21 AM To: 'RICHARD PIEKARZ'; Brian Bateman Cc: Tina Malone -Wright; Christine Michaud; Anne Hastings; Brandi Hilton; Emily Morris; Frenec Mihaly; Irene Prahaler; Judy Schill; Werner Hohn Subject: Re: Proposed Meeting Date - February 16 at 6:30 at MHBC Offices Follow Up Flag: Follow up Flag Status: Flagged Hi Brian, I want to summarize the point I stressed during the meeting: We understand that population growth might make re -zoning this parcel of land to RES -5 attractive. What we fail to understand is the city's motive to consider granting exceptions to existing bylaws to allow 160 units to exist on this parcel. The exceptions requested by the developer are to increase Floor Space Ratio (FSR) by 50% (0.6 to 0.9) and the height to 14 meters instead of the allowed 11 m. The reasoning the city planning committee drove forward on the meeting to accept the exceptions is simply not based on reasonable or logical grounds: "The 4th floor is partially under grade due to the slope of the land and thus shouldn't count fully in FSR calculations or height calculations" Even taking that in consideration assuming the 4th floor is fully underground (which is not the case) that warrants an increase of 25% to the FSR which results in an FSR of 0.75 not 0.9. Multiplying the capacity by a factor of 1.5X is very unreasonable. The by-law is in place to prevent against overcrowding and straining infrastructure. Increasing the number of units in such a drastic fashion is unjustifiable. Same reasoning was brought forward about height which again doesn't make sense and loses track of the need for development to blend in with the surrounding as per the City of Kitchener Urban Design Policy (11.C.1.31 - 11.C.1.33). Furthermore, the fact that the development is overlooking a regional road on the South does not justify a height exception at the North end at the boundary of a residential single homes (our backyards). Finally something that was never mentioned is that according to the City of Kitchener Zoning By-law 2019-051 Section 7, the maximum number of storeys in RES -5 Cluster Townhouse Dwelling Unit is 3. The developer is simply breaking this rule that again protects against both overcrowding and the need for a new development to blend in within its surroundings. If the number of units are reduced by removing a floor from each building: - FSR ratio would be at 0.75 (still above the allowed 0.6 requiring an exception but not by 50%) - Height would not require an exception - Number of storeys would abide to zoning by-law All the problems we discussed about lack of infrastructure around parking, traffic/mobility (lack of pedestrian side walks, biking lanes, bus routes) and noise would be solved if the city does not agree to grant these exceptions. The city planning committee has a duty of care to protect our interests as residents of the city and the interests of future residents of this development and to safeguard both our and their safety, comfort and well-being. The only reason the city would grant this exception is to appease a developer driven by profit. That argument for efficiency and solving the housing market problem would only apply if the developer is not commending market price for these units or if the developer is a non -for-profit organization. I am all for a Page 171 of 476 developer to profit from their project, I just think this needs to happen within reason and while respecting the zoning by-laws in place to protect us. Thanks for your support throughout this process. I hope the city enforces its by-laws and exercise its right to offer exceptions responsibly based on logically sound and fair grounds. Regards, Wafik Moussa, MASc, MBA, P.Eng. Page 172 of 476 On Monday, February 13, 2023, 12:43:14 p.m. EST, Brian Bateman <brian.batemanakitchener.ca> wrote: Richard, Sending you the Agenda for Thursday's meeting. See you there. Brian From: Brian Bateman Sent: Friday, February 10, 2023 4:09 PM To: 'PIEKARZ' Cc: Tina Malone-Wright<Tina.MaloneWright(a)kitchener.ca>; Christine Michaud <Christine. Michaud(a)kitchener.ca> Subject: RE: Proposed Meeting Date - February 16 at 6:30 at MHBC Offices Hi Richard, Sorry the delay in responding. I think it is prudent to meet first with the owner to discuss the issues to see if there can be any resolutions reached. Depending on the outcome, responses can be provided. Looking forward to the meeting. Brian From: PIEKARZ Sent: Wednesday, February 8, 2023 4:55 PM To: Brian Bateman <Brian.Bateman(a,kitchener.ca> Cc: Tina Malone -Wright <Tina.MaloneWright(cDkitchener.ca>; Christine Michaud <Christine. Michaud(okitchener.ca> Subject: Re: Proposed Meeting Date - February 16 at 6:30 at MHBC Offices Hi ... Brian When do you think we can get a response back on the questions Page 173 of 476 Best Regards Richard Piekarz On Jan 31, 2023, at 12:25 PM, Brian Bateman <Brian.Bateman (cDkitchener.ca> wrote: Thank you, Richard. From: PIEKARZ Sent: Tuesday, January 31, 2023 12:00 PM To: Brian Bateman <Brian.Batemanakitchener.ca> Cc: Tina Malone -Wright <Tina. MaloneWright(a)kitchener.ca>; Christine Michaud <Christine. Michaud(cD_kitchener.ca> Subject: Re: Proposed Meeting Date - February 16 at 6:30 at MHBC Offices Hi Brian We are good with that date and time Best Regards Richard Piekarz On Jan 31, 2023, at 9:16 AM, Brian Bateman <Brian.Bateman(aDkitchener.ca> wrote: Hello Richard, Just following up on my earlier email. Can you please advise asap as calendar are booking up. Thanks. Brian From: Brian Bateman Sent: Friday, January 27, 2023 3:40 PM Page 174 of 476 To: RICHARD PIEKARZ Cc: Tina Malone-Wright<Tina.MaloneWright(a-)kitchener.ca>; Christine Michaud <Christine.Michaud(a)kitchener.ca> Subject: RE: Proposed Meeting Date - February 16 at 6:30 at MHBC Offices Richard, Pierre Chauvin, MHBC, has offered to hold a meeting at their offices on February 16 at 6:30. Can you please canvass your group to see if that date and time works? Agenda will follow. Brian From: Brian Bateman Sent: Wednesday, January 25, 2023 9:35 AM To: RICHARD PIEKARZ Cc: Tina Malone -Wright <Tina. MaloneWright(a-)kitchener.ca>; Garett Stevenson <Garett.Stevensona()kitchener.ca>; Christine Michaud <Christine. Michaud(d-)kitchener.ca> Subject: FW: Proposed Development in Doon Hello Richard, I wanted to acknowledge receipt of your email and thank you for providing your concerns and question. I will review them and respond accordingly. Will be in touch. Brian From: RICHARD PIEKARZ Sent: Tuesday, January 24, 2023 10:01 AM To: Brian Bateman <Brian.Bateman@kitchener.ca> Subject: Re: Proposed Development in Doon Page 175 of 476 Hi Brian Please Confirm Receipt of this Documents and can you please forward a Copy to Christine our ward Councillor Enclosed is a follow UP to the Zoom Meeting Contained in this documents is a series of Questions that need answers for the residents on Pearwood Court . Can you have your team go thru this documents and Add answers and forward it back to us Once we have your answers our group on Pearwood can review the responses. We would like to schedule a meeting with yourself and anyone you feel that would be necessary. On Monday, January 16, 2023, 05:00:15 p.m. EST, Brian Bateman <brian.bateman[a)kitchener.ca> wrote: Richard, See responses below. Brian From: RICHARD PIEKARZ Sent: Monday, January 16, 2023 12:45 PM To: Brian Bateman <Brian.Bateman(a)kitchener.ca> Subject: Re: Proposed Development in Doon Brian a Few Questions Can you give us a proposed agenda of the zoom meeting_ - 7:00 pm Welcome and Introduction 7:05 pm Presentation City of Kitchener Page 176 of 476 Applicant Team What We Heard 7:30 pm Questions & Answers through Q & A 8:00 pm Next Steps 8:05 pm Open Dialogue 8:30 pm Wrap Up How much time will be given to the residents of Pearwood Court - about an hour Will the Meeting be recorded and will we have access this meeting call at a later date - Yes and yes Do you have a list of Proposed attendees from the cities side plus any other individuals that you know of that will be on the call I assume Christine Michaud our ward Councillor will be on the call - there will be several City staff to help run the meeting in addition to myself; the landowner and his planning and engineering consultant; Christine is scheduled to attend . Brian Kind Regards On Friday, January 6, 2023, 05:00:31 p.m. EST, Brian Bateman <brian.bateman(a)kitchener.ca> wrote: Hi Richard, Thanks for the follow up — I have attached the proposed grading plan for your information. With respect to rear building elevations and detailed planting plans, typically they are submitted with a site plan application. At this point, the owner is seeking land use approvals so the massing, height and setbacks are considerations. This information is detailed in the Urban Design Brief. However, I will ask the owner's planning consultant if preliminary elevations are available and show them at the meeting. Brian Page 177 of 476 You don't From: PIEKARZ Sent: Thursday, January 5, 2023 9:46 AM To: Brian Bateman <Brian.Bateman(a�kitchener.ca> Subject: Re: Proposed Development in Doon email from Learn why this is important Hi Brian Couple items Could not open grading info in the file seems it is open Also to get a perspective on what this will look like we would need Any proposed Architectural drawing of the rear of these town homes facing the rear of Pearwood court Also we would like to see the proposed planting schedule and design drawing and design for the 4.5 m buffer zone from retaining wall to property lines In my review of all documents I find many mistakes and perceived issues from traffic studies to noise studies to the simple basic mathematical calculation of lot size. Page 178 of 476 The sole purpose of mutual understanding of what is to be built to give people to understand what they will be looking at, so it is significantly important. I trust that you can dig around to find this data needed for our meeting Best Regards Richard Piekarz LLC file 2 On Dec 30, 2022, at 5:00 PM, Brian Bateman <Brian.Bateman(a)kitchener.ca> wrote: Hi Richard, Thank you for your email and for taking the time to contact me. Here's a link to the City's website that contains all the applicant's technical supporting material: sUPPORTING dOCUMENTS (kitchener.ca). Trusting this is satisfactory. Brian From: RICHARD PIEKARZ Sent: Friday, December 30, 2022 11:18 AM To: Brian Bateman <Brian.Batemanna.kitchener.ca> Subject: Proposed Development in Doon Page 179 of 476 You don't often get emaillfdom Learn why this is important We recently received a development card in the mail regarding a townhouse development on Dundee Rd For the people on Pearwood court that would rear face this development and for us to formulate constructive questions for your zoom meeting can you provide us with the following : Lot plan of the development with said mention of clearances to the rear yards of homes on Pearwood court Rear elevation view of Town Houses the proposed development to the lot lines of Pearwood court at current grade level Copy of the application for Demolition of the proposed Homes Copy of the Traffic study Copy of the plan or Environmental Study of the Green space trees in the rear of Pearwood court along the proposed development Copy of the building Permit Application for the development Page 180 of 476 Copy of the Application for Zoning Change Any proposed Architectural drawing of the rear of these town homes facing the rear of Pearwood court Having this information will give us a opportunity to formulate questions on the zoom meeting and offer clear transparency for the development to the doon community. Kind Regards Richard Piekarz : Resident and Property Owner of Pearwood Court File LLC 1 Page 181 of 476 From: RICHARD PIEKAR Sent: Friday, February 24, 2023 9:34 AM To: Brian Bateman Cc: Tina Malone -Wright; Christine Michaud; Anne Hastings; Brandi Hilton; Emily Morris; Frenec Mihaly; Irene Prahaler; Judy Schill; Wafik Moussa; Werner Hohn; Anne Hastings; Brandi Hilton; Emily Morris; Frenec Mihaly; Irene Prahaler; Judy Schill; Wafik Moussa; Werner Hohn Subject: Re: Proposed Meeting Date - February 16 at 6:30 at MHBC Offices Attachments: Febuary 16 2023 MHBC - Pearwood Residents Meeting Notes and Comments Rev Sub.pdf; IDOT_traffic_noise_weather_web.pdf; HVAC Noise Calculations.pdf; Driving-Harm.pdf; CBC News Article Kitchener pilot project may reduce speed limits in 3 nieghbourhoods ) Aug 12 2019.pdf HI Brian See enclosed Questions and Notes pertaining to the Meeting on Feb 16 th Also Attachment's that are part of the file Any questions or Concerns please advise Please confirm receipt and next steps forward Kind Regards Richard Piekarz On Monday, February 13, 2023, 12:43:14 p.m. EST, Brian Bateman <brian.batemana-kitchener.ca> wrote: Richard, Sending you the Agenda for Thursday's meeting. See you there. Brian From: Brian Bateman Sent: Friday, February 10, 2023 4:09 PM To: 'PIEKARZ' Cc: Tina Malone -Wright <Tina. Mal oneWright(a)_kitchener.ca>; Christine Michaud <Christine. Michaud(cr)_kitchener.ca> Subject: RE: Proposed Meeting Date - February 16 at 6:30 at MHBC Offices Page 182 of 476 Hi Richard, Sorry the delay in responding. I think it is prudent to meet first with the owner to discuss the issues to see if there can be any resolutions reached. Depending on the outcome, responses can be provided. Looking forward to the meeting. Brian From: PIEKARZ Sent: Wednesday, February 8, 2023 4:55 PM To: Brian Bateman <Brian.Bateman akitchener.ca> Cc: Tina Malone -Wright <Tina. Mal oneWright(a)_kitchener.ca>; Christine Michaud <Christine. Michaud(a)_kitchener.ca> Subject: Re: Proposed Meeting Date - February 16 at 6:30 at MHBC Offices Hi ... Brian When do you think we can get a response back on the questions Best Regards Richard Piekarz On Jan 31, 2023, at 12:25 PM, Brian Bateman <Brian.Bateman (a)kitchener.ca> wrote: Thank you, Richard. From: PIEKARZ Sent: Tuesday, January 31, 2023 12:00 PM To: Brian Bateman <Brian.Batemana_kitchener.ca> Cc: Tina Malone-Wright<Tina.MaloneWright(a-)kitchener.ca>; Christine Michaud <Christine.Michaud@kitchener.ca> Subject: Re: Proposed Meeting Date - February 16 at 6:30 at MHBC Offices Page 183 of 476 Hi Brian We are good with that date and time Best Regards Richard Piekarz On Jan 31, 2023, at 9:16 AM, Brian Bateman <Brian.Bateman(abkitchener.ca> wrote: Hello Richard, Just following up on my earlier email. Can you please advise asap as calendar are booking up. Thanks. Brian From: Brian Bateman Sent: Friday, January 27, 2023 3:40 PM To: RICHARD PIEKAR Cc: Tina Malone -Wright <Tina. MaloneWright(c)_kitchener.ca>; Christine Michaud <Christine.Michaud(a)_kitchener.ca> Subject: RE: Proposed Meeting Date - February 16 at 6:30 at MHBC Offices Richard, Pierre Chauvin, MHBC, has offered to hold a meeting at their offices on February 16 at 6:30. Can you please canvass your group to see if that date and time works? Agenda will follow. Brian From: Brian Bateman Sent: Wednesday, January 25, 2023 9:35 AM To: RICHARD PIEKARZ Cc: Tina Malone -Wright <Tina. MaloneWright(cDkitchener.ca>; Garett Stevenson <Garett. Stevenson(a)kitchener.ca>; Christine Michaud Page 184 of 476 <Christine.Michaud @kitchener.ca> Subject: FW: Proposed Development in Doon Hello Richard, I wanted to acknowledge receipt of your email and thank you for providing your concerns and question. I will review them and respond accordingly. Will be in touch. Brian From: RICHARD PIEKARZ Sent: Tuesday, January 24, 2023 10:01 AM To: Brian Bateman <Brian.Bateman(c_bkitchener.ca> Cc: Subject: Re: Proposed Development in Doon Hi Brian Please Confirm Receipt of this Documents and can you please forward a Copy to Christine our ward Councillor Enclosed is a follow UP to the Zoom Meeting Contained in this documents is a series of Questions that need answers for the residents on Pearwood Court . Can you have your team go thru this documents and Add answers and forward it back to us Once we have your answers our group on Pearwood can review the responses. We would like to schedule a meeting with yourself and anyone you feel that would be necessary. On Monday, January 16, 2023, 05:00:15 p.m. EST, Brian Bateman <brian.bateman(okitchener.ca> wrote: Page 185 of 476 Richard, See responses below. Brian From: RICHARD PIEKARZ Sent: Monday, January 16, 2023 12:45 PM To: Brian Bateman <Brian.Bateman(a-)kitchener.ca> Subject: Re: Proposed Development in Doon Brian a Few Questions Can you give us a proposed agenda of the zoom meeting. - 7:00 pm Welcome and Introduction 7:05 pm Presentation City of Kitchener Applicant Team What We Heard 7:30 pm Questions & Answers through Q & A 8:00 pm Next Steps 8:05 pm Open Dialogue 8:30 pm Wrap Up How much time will be given to the residents of Pearwood Court - about an hour Will the Meeting be recorded and will we have access this meeting call at a later date - Yes and yes Do you have a list of Proposed attendees from the cities side plus an other individuals that you know of that will be on the call I assume Christine Michaud our ward Councillor will be on the call - there will be several City staff to help run the meeting in addition to myself; the landowner and his planning and engineering consultant; Christine is scheduled to attend . Brian Kind Regards On Friday, January 6, 2023, 05:00:31 p.m. EST, Brian Bateman <brian.bateman(a)kitchener.ca> wrote: Hi Richard, Thanks for the follow up — I have attached the proposed grading plan for your information. With respect to rear building elevations and detailed planting plans, typically they are submitted with a site plan application. At this point, the owner is seeking land use approvals so the massing, height and setbacks are considerations. This information is detailed in the Urban Design Brief. However, I will ask the owner's planning consultant if preliminary elevations are available and show them at the meeting. Brian Page 186 of 476 You don't off From: PIEKAR Subject: Re: Proposed Development in Doon t email from piekarzCo)rogers.com.Learn why this is important Hi Brian Couple items Could not open grading info in the file seems it is open Also to get a perspective on what this will look like we would need Any proposed Architectural drawing of the rear of these town homes facing the rear of Pearwood court Also we would like to see the proposed planting schedule and design drawing and design for the 4.5 m buffer zone from retaining wall to property lines In my review of all documents I find many mistakes and perceived issues from traffic studies to noise studies to the simple basic mathematical calculation of lot size. The sole purpose of mutual understanding of what is to be built to give people to understand what they will be looking at, so it is significantly important. I trust that you can dig around to find this data needed for our meeting Best Regards Richard Piekarz LLC file 2 Page 187 of 476 On Dec 30, 2022, at 5:00 PM, Brian Bateman <Brian.BatemanCcDkitchener.ca> wrote: Hi Richard, Thank you for your email and for taking the time to contact me. Here's a link to the City's website that contains all the applicant's technical supporting material: sUPPORTING dOCUMENTS (kitchener.ca). Trusting this is satisfactory. Brian From: RICHARD PIEKARZ Sent: Friday, December 30, 2022 11:18 AM To: Brian Bateman <Brian.Bateman(a-)kitchener.ca> Subject: Proposed Development in Doon You don't often get ern Iill froLearn why this is important We recently received a development card in the mail regarding a townhouse development on Dundee Rd For the people on Pearwood court that would rear face this development and for us to formulate constructive questions for your zoom meeting can you provide us with the following : Lot plan of the development with said mention of clearances to the rear yards of homes on Pearwood court Rear elevation view of Town Houses the proposed development to the lot lines of Pearwood court at current grade level Copy of the application for Demolition of the proposed Homes Copy of the Traffic study Copy of the plan or Environmental Study of the Green space trees in the rear of Pearwood court along the proposed development Copy of the building Permit Application for the development Copy of the Application for Zoning Change Any proposed Architectural drawing of the rear of these town homes facing the rear of Pearwood court Page 188 of 476 Having this information will give us a opportunity to formulate questions on the zoom meeting and offer clear transparency for the development to the doon community. Kind Regards Richard Piekarz : Resident and Property Owner of Wearwood Court File LLC 1 Page 189 of 476 Staff Report l IKgc.;i' r� R Development Services Department www.kitchener.ca REPORT TO: Planning and Strategic Initiatives Committee DATE OF MEETING: January 22, 2024 SUBMITTED BY: Garett Stevenson, Director of Development and Housing Approvals, 519-714-2200 ext. 7319 PREPARED BY: Andrew Pinnell, Senior Planner, 519-741-2200 ext. 7668 WARD INVOLVED: 4 DATE OF REPORT: January 3, 2024 REPORT NO.: DSD -2023-402 SUBJECT: Zoning By-law Amendment Application ZBA2010031N/AP 448 New Dundee Road Hayre Properties Inc. RECOMMENDATIONS: That Zoning By-law Amendment Application ZBA20/003/N/AP for 448 New Dundee Road be approved in the form shown in the Proposed By-law and Map No. 1, attached to Report DSD -2023-402 as Attachment `A'; and further, That the Urban Design Brief prepared by GSP Group Inc., dated October 2023, attached as Attachment `B' to report DSD -2023-402 be endorsed, and that staff be directed to implement the Urban Design Brief through a future Site Plan Approval process, and at the discretion of the City's Director of Development and Housing Approvals, significant changes to the Urban Design Brief will be to the satisfaction of Council. REPORT HIGHLIGHTS: • The purpose of this report is to evaluate and provide planning recommendations regarding the Zoning By-law Amendment (ZBA) application requested by Hayre Properties Inc. for the subject property, addressed as 448 New Dundee Road. It is Planning staff's recommendation that the ZBA be approved and that the associated Urban Design Brief be endorsed. • The proposed amendment would facilitate the redevelopment of the lands with a vacant land condominium consisting of a mix of single detached dwellings and semi-detached dwellings fronting onto a private road. • Community engagement included: o Circulation of a preliminary notice letter to property owners within 120 metres of the subject property; o Installation of two notice signs on the property; *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 190 of 476 o Virtual neighbourhood meeting held on November 25, 2021; o Follow-up through one-on-one correspondence with members of the public and a meeting with abutting neighbours on Pearwood Court; o Postcard advising of the statutory public meeting was circulated to all property owners and occupants within 240 metres of the subject property (an expansion of the original circulation based on new protocols), 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 December 29, 2023. This report supports the delivery of core services. EXECUTIVE SUMMARY: The owner of the subject property is requesting to change the zoning, from `Low Rise Residential One Zone (RES -1)' to `Low Rise Residential Four Zone (RES -4) with Site Specific Provision (384) and Holding Provision (58H)', to facilitate a development concept consisting of 26 vacant land condominium units (14 single detached dwellings and 12 semi- detached dwellings), a private common element road, two amenity areas, visitor parking, and a stormwater management facility. The holding provision would prevent development until the subject property is consolidated with the lands fronting Ridgemount Street and a site plan has been approved and a Functional Servicing Report has been submitted to the satisfaction of the Region. Planning staff recommends that the Zoning By-law Amendment Application be approved. BACKGROUND: The subject property is located on the north side of New Dundee Road, between Robert Ferrie Drive and Pinnacle Drive, in the Doon South Planning Community. The lands to the west were recently developed as part of the Ormston Subdivision (registered in 2018) and comprise mainly single detached dwellings and street townhouses. A large stormwater management facility for this subdivision immediately abuts the subject property near New Dundee Road. The properties to the north front onto Thomas Slee Drive and were developed with single detached dwellings in the late 1990s and early 2000s. The lands to the northeast comprise properties which front onto Pearwood Court, a cul-de-sac street, that was developed with single detached dwellings in the late 1990s and early 2000s. The adjacent lands to the east, between the subject property and the dwellings fronting onto Pinnacle Drive (i.e., 398 to 430 New Dundee Road) are developed with single detached dwellings that were constructed in the 1980s on "estate lots". The lands addressed as 404- 430 New Dundee Road, located immediately to the east, have an area of approximately 2.5 hectares (6.2 acres), and have been consolidated by a different developer (Klondike Investments Ltd.). These lands are the subject of a separate Official Plan Amendment Application (OPA22/014/N/BB) and Zoning By-law Amendment Application (ZBA22/025/N/BB). These applications propose to establish 10 stacked townhouse buildings containing a total of 160 residential dwelling units. Each building would front onto a private driveway off New Dundee Road that would connect to the internal private road system. These adjacent applications and are being considered at the same Planning & Strategic Initiatives Committee meeting as the subject application. Page 191 of 476 The subject property comprises an "estate lot" addressed as 448 New Dundee Road with a frontage on New Dundee Road of approximately 60.9 metres and an area of 1.2 hectares. This lot contains an existing single detached dwelling constructed in approximately 1966. A relative of the property owner is currently living in the dwelling and he intends to move out shortly. The property is sloped downwards significantly from the north end towards New Dundee Road. The lot is separated from Ridgemount Street to the west by a development block currently owned by Activa Holdings Inc (Block 101, Plan 58M-616). While creation of an access over the Activa block appears viable, Planning staff is of the opinion that a Consent Application to create a parcel for access from this block is premature, in advance of a Council decision regarding the subject application. Figure 1 — The subject property, addressed as 448 New Dundee Road The subject property is designated `Low Rise Residential' on Map 3 — Land Use within the Official Plan and is identified as `Community Areas' on Map 2 — Urban Structure. The subject property is presently zoned `Low Rise Residential One Zone (RES -1)' under Zoning By-law 2019-051. Highlights of the `RES -1' Zone are as follows: • Permits single detached dwellings, along with additional dwelling units, • Minimum lot area of 929 m2 (0.23 acres), and • Minimum lot width of 24.0 metres. Page 192 of 476 e, c )()� ,5 1.), SUBJECT I AREACA Figure 1 — The subject property, addressed as 448 New Dundee Road The subject property is designated `Low Rise Residential' on Map 3 — Land Use within the Official Plan and is identified as `Community Areas' on Map 2 — Urban Structure. The subject property is presently zoned `Low Rise Residential One Zone (RES -1)' under Zoning By-law 2019-051. Highlights of the `RES -1' Zone are as follows: • Permits single detached dwellings, along with additional dwelling units, • Minimum lot area of 929 m2 (0.23 acres), and • Minimum lot width of 24.0 metres. Page 192 of 476 The owner of the subject property, known as Hayre Properties Inc, has made application for a Zoning By-law Amendment. This application would facilitate the redevelopment of the lands with a vacant land condominium consisting of a mix of single detached dwellings and semi-detached dwellings fronting onto a private road (see details in the Report section). REPORT: The owner is requesting a Zoning By-law Amendment (ZBA) to facilitate a proposed development concept that consists of the following main features (see Figure 2): • a mix of single detached dwellings (14 units) and semi-detached dwellings (12 units), • a private, common element road that grants access to the property from Ridgemount Street and terminates at an emergency -services -only access at New Dundee Road, • a treed common amenity area at the rear of the property, • an open common amenity area with an area of approx. 411 m2, • a total of 17 visitor parking spaces, including 2 barrier -free spaces, • a stormwater management facility adjacent to New Dundee Road, and • a 3 -metre -wide walkway connection to the proposed walkway system on the adjacent lands to the east, addressed as 404-430 New Dundee Road. This will assist in providing pedestrian connectivity to Ridgemount Street. 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City Of IICItC�te11e1` CAGPILP 448 New Dundee Rd, 90-94 Ridgemount St GAZE Odcber 11, 2b23 5P17146a DWG DEVELOPMENT SERVICES DEPARTMENT Figure 2 — Proposed Development Concept A "unit" within a Vacant Land Condominium is similar to a "lot" within a Plan of Subdivision. In this case, the single detached dwelling units are proposed to be a minimum of 292 square metres in area and have a minimum unit width of 11.5 metres. Semi-detached dwelling units Page 193 of 476 are proposed to be a minimum of 215 square metres and have a minimum unit width of 8.4 metres. It should be noted that the proposed unit areas and widths, for both single detached dwellings and semi-detached dwellings, are greater than the required minimums found in the `RES -4' Zone, which is found immediately to the west of the subject property. Also, the proposed single detached dwelling unit widths and areas are not the smallest in the community, rather they are slightly greater than many existing lots located within the immediately adjacent Ormston Subdivision. Moreover, the proposed single- and semi- detached dwelling units are significantly wider and greater in area than the street townhouse lots in the Ormston Subdivision, with many townhouse lots less than 180 square metres in area and lot widths of 5.5 metres. Furthermore, since the proposed single- and semi- detached dwellings will be established as part of a condominium, the dwelling units may cater to a different demographic than freehold units. A future Vacant Land Condominium (VLC) and Site Plan Application (SPA) are required to facilitate the development concept. The ZBA is discussed in the below Planning Analysis. Planning Analysis: Planning Act, R.S.O. 1990, c. P.13 25. Section 2 of the Planning Act establishes matters of provincial interest and states that the Minister, the council of a municipality, a local board, a planning board and the Tribunal, in carrying out their responsibilities under this Act, shall have regard to, among other matters, matters of provincial interest such as, d) The conservation of features of significant architectural, cultural, historical, archaeological or scientific interest; f) The adequate provision and efficient use of communication, transportation, sewage and water services and waste management systems; g) The minimization of waste; h) The orderly development of safe and healthy communities; j) The adequate provision of a full range of housing, including affordable housing; p) The appropriate location of growth and development; q) The promotion of development that is designed to be sustainable, to support public transit and to be oriented to pedestrians; r) The promotion of built form that, (i) Is well-designed, (ii) Encourages a sense of place, and (iii) Provides for public spaces that are of high quality, safe, accessible, attractive and vibrant; s) The mitigation of greenhouse gas emissions and adaptation to a changing climate. These matters of provincial interest are addressed and are implemented through the Provincial Policy Statement, 2020. The City's Official Plan is the most important vehicle for the implementation of the Provincial Policy Statement, 2020 and to ensure Provincial policy is adhered to. Page 194 of 476 The Ministry of Municipal Affairs and Housing is proposing an integrated province -wide land use planning policy document, potentially replacing the Provincial Policy Statement and A Place to Grow: Growth Plan for the Greater Golden Horseshoe, with a singular Provincial Planning Statement (PPS) which is in draft form and not in effect at the time this report was prepared. Provincial Policy Statement, 2020: The Provincial Policy Statement (PPS) provides policy direction on matters of provincial interest related to land use planning and development. Section 1.4.3(b) of the PPS promotes all types of residential intensification, and sets out a policy framework for sustainable, healthy, liveable and safe communities. The PPS promotes efficient development and land use patterns, as well as accommodating an appropriate mix of affordable and market-based residential dwelling types with other land uses, while supporting the environment, public health and safety. Provincial policies promote the integration of land use planning, growth management, transit -supportive development, intensification, and infrastructure planning to achieve cost-effective development patterns, optimization of transit investments, and standards to minimize land consumption and servicing costs. To support provincial policies relating to the optimization of infrastructure, transit and active transportation, the proposed zoning facilitates a compact form of development which efficiently uses the lands; the subject lands are near bus transit; and the proposed development 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 development includes a mix of single- and semi- detached units that will be established as part of a condominium, thereby providing additional housing choice. Planning staff is of the opinion that the proposed application will facilitate the intensification of the subject property with a 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 the development will make use of existing services. 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. 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: Page 195 of 476 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. The subject lands are located within the City's delineated Built -Up Area. 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 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. 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 has indicated it has no objections to the proposed application, subject to a holding provision to require a satisfactory Functional Servicing and Stormwater Management Report (see Appendix `D'). Planning staff is of the opinion that the application conforms to the Regional Official Plan. Page 196 of 476 City of Kitchener Official Plan: Urban Structure The subject property is located within the `Community Areas' as noted on Map 2 — Urban Structure of the City's Official Plan. The planned function of Community Areas is to provide for residential uses as well as non-residential supporting uses intended to serve the immediate residential areas. Per Policy 3.C.2.52 limited intensification may be permitted within Community Areas in accordance with the applicable land use designation on Map 3 — Land Use and the Urban Design Policies in Section 11. The proposed development must be sensitive to and compatible with the character, form and planned function of the surrounding context. Planning staff is of the opinion that the proposed development is sensitive to and compatible with the character, form, and planned function of the surrounding context. The proposal would facilitate the development of low-density residential land uses, which are the predominant land use in the area, while allowing for compatible intensification. As aforementioned, the proposed single- and semi- detached condominium units are greater in area and width than many other lots within the immediately adjacent Ormston Subdivision, to the west. Planning staff suggests that these slightly larger units will act as a transition to the larger lots on Thomas Slee Drive, to the north, and Pearwood Crescent, to the northeast. Also, the proposal is sensitive to and compatible with the surrounding neighbourhood, including the proposed development for the lands to the east (owned Klondike Investments). Land Use Designation The subject property is designated `Low Rise Residential' in the Official Plan. The Low Rise Residential land use designation permits a full range of low density housing types which includes, for example, single detached dwellings, semi-detached dwellings, street townhouse dwellings, and low-rise multiple dwellings. In this designation, the City encourages and supports the mixing and integrating of innovative and different forms of housing to achieve and maintain a low-rise built form. The Low Rise Residential land use designation considers a Floor Space Ratio up to 0.75 and allows a maximum building height of 3 storeys or 11 metres. In this case, a new and innovative approach to providing housing is proposed for the area: constructing single- and semi- detached dwellings on units within a vacant land condominium, with frontage on a common element road. Floor Space Ratio is not a consideration for single detached and semi- detached dwellings. The proposed dwellings would be 2-3 storeys in height. The proposed development concept conforms to the Low Rise Residential policies. It should also be noted that an Official Plan Amendment is not required to facilitate the proposal. Policy Conclusion: Planning staff is of the opinion that the requested Zoning By-law Amendment Application is consistent with policies of the Provincial Policy Statement, conforms to the Growth Plan for Page 197 of 476 the Greater Golden Horseshoe, the Regional Official Plan and City of Kitchener Official Plan, and represents good planning. Requested Zoning By-law Amendment: To facilitate the future Vacant Land Condominium and Site Plan Application, the applicant has requested a Zoning By-law Amendment (ZBA) to change the zoning of the subject property from `Low Rise Residential One Zone (RES -1)' to `Low Rise Residential Four Zone (RES -4) with Site Specific Provision (384) and Holding Provision (58H)', under Zoning By- law 2019-051. This approach tailors the zoning to the proposed development concept. A comparison of the current zoning for the subject property (RES -1), the proposed base zoning (RES -4), and the requested Site Specific Provision, is included below: Page 198 of 476 Land Use Current RES -1 Base RES- Site Specific Zone (By-law 4 Zone Provision (384) 2019-051) (By-law 2019-051) Minimum Single Detached 929 m2 235 m2 N/A Lot Area Dwellings Semi -Detached Not permitted 210 m2 N/A Dwellings Minimum Single Detached 30.0 m for lots 9.0 m N/A Lot Width Dwellings without full municipal services Semi -Detached Not permitted 7.5 m N/A Dwellings Minimum Single Detached 30.0 m for lots 12.8 m N/A Corner Lot Dwellings without full Width municipal services Semi -Detached Not permitted 12.0 m N/A Dwellings Minimum Single Detached 6.0 m 4.5 m N/A Front Yard Dwellings or Exterior Semi -Detached Not permitted 4.5 m N/A Yard Dwellings Setback Minimum Single Detached 3.0 m 1.2 m 1.0 m on one side only Interior Dwellings Side Yard Semi -Detached Not permitted 1.2 m N/A Setback Dwellings Minimum Single Detached 7.5 m 7.5 m N/A Rear Yard Dwellings Setback Semi -Detached Not permitted 7.5 m N/A Dwellings Page 198 of 476 Maximum Single Detached 55% 55% N/A Lot Dwellings Coverage Semi -Detached Not permitted 55% N/A Dwellings Maximum Single Detached 11.0 m 11.0 m N/A Building Dwellings Height Semi -Detached Not permitted 11.0 m N/A Dwellings Maximum Single Detached 3 3 N/A Number of Dwellings Storeys Semi -Detached Not permitted 3 N/A Dwellings It should be noted that Section 4.4.2 of Zoning By-law 2019-051 will apply and will require units within the future Vacant Land Condominium to comply with all zoning provisions that apply to single- and semi-detached dwellings. This general regulation of the Zoning By-law ensures future unit owners redevelop or modify their homes in accordance with the vision and policies of the City's Official Plan. Holding Provision (58H) As aforementioned, the subject lands are separated from Ridgemount Street by a subdivision block that is owned by Activa Holdings. A future Consent Application is necessary to create a parcel from this block that would grant access and servicing to the subject property. To prevent development of the subject property until the subject property has been consolidated with the lands fronting Ridgemount Street and conditional approval of a Site Plan including, but not limited to, appropriate site access, has been granted, Planning staff recommends Holding Provision (58H) be applied. This approach gives the applicant conditional zoning approval and allows Council to decide the land use / zoning before a Consent Application is considered. In addition, at the request of the Region, Planning staff recommends a Holding Provision to prohibit development until a Functional Servicing Report has been submitted to the satisfaction of the Region. This requirement has been included within Holding Provision (58H). Planning staff recommends that the ZBA be approved as shown in Attachment W. Department and Agency Comments: Preliminary circulation of the Zoning By-law Amendment Application was undertaken in March 2020 to applicable City departments and other review authorities. All concerns were satisfactorily addressed through the application review. At the request of the Region, Planning staff is recommending a Holding Provision to prohibit development until such time as a Functional Servicing Report has been submitted, to the satisfaction of the Region. Department and Agency comments have been included as Attachment `D'. Page 199 of 476 The following reports and studies were considered as part of this proposed Zoning By-law Amendment Application: • Planning Justification Report Prepared by: GSP Consultants Inc., November 2019 • Urban Design Report Prepared by: GSP Consultants Inc., November 2019, Revised October 2023 • Conceptual Site Plan Drawing Prepared by: GSP Consultants Inc., October 17, 2023 • Sustainability Statement Prepared by: GSP Consultants Inc., January 9, 2023 • Environmental Noise Assessment Prepared by: MTE Consultants Inc., December 1, 2022 • Functional Servicing and Stormwater Management Report Prepared by: MTE Consultants Inc., November 7, 2022 • Functional Grading and SWM Plan Prepared by: MTE Consultants Inc., November 7, 2022 • Functional Servicing Plan Prepared by: MTE Consultants Inc., November 7, 2022 • Existing Conditions Plan Prepared by: MTE Consultants Inc., October 19, 2020 • Phase 2 Vegetation Management Plan and Tree Inventory Chart Prepared by: GSP Consultants Inc., January 19, 2023 • Environmental Noise Assessment Prepared by: MTE Consultants Inc., December 1, 2022 Page 200 of 476 Community Input & Staff Responses 1►JI ME 11TAIMMAIL� �7 58 households (occupants and property owners) were circulated and notified Approximately 23 people/households provided comments A City -led Neighbourhood Meeting was held on November 25,(����112021 and approximately 43 people togged on In response to community circulation related to the proposed applications, Planning staff received written responses from 23 households. These are found in Attachment `E'. A summary of the main comments that staff heard from the community regarding the proposal, along with staff responses, is noted below: What Staff Heard from the Community Staff Response Traffic: New Dundee Road is a Regional road. The Region has Concern regarding traffic along advised it does not support a standard access onto New New Dundee Road due to Dundee Road. The concept plan has been designed vehicle volume and speed, accordingly and shows that the only standard access is including vehicle entry to and onto Ridgemount Street. To meet emergency services exit from the neighbourhood. requirements, an emergency -only access has been Also, concern that the provided to New Dundee Road. Also, the City's proposed development will Transportation Services advises that a Transportation exacerbate existing traffic Impact Study is not required due to the low number of issues. proposed dwellings (26 units total). Based on the ITE Trip Generation Manual, the expected number of trips that would be added by this development to Ridgemount Street would be 16 trips in the AM peak hour and 20 trips in the PM peak hour. The number of trips is not considered significant from a technical perspective and is not anticipated to cause any adverse impacts to the local traffic network. Natural Environment: It should be noted that the subject property does not Concern that the proposed contain natural heritage features, as defined by the development will result in the City's Official Plan. loss of trees / natural environment / wildlife. A tree management plan submitted with the subject application recommends retention of 20 trees, which are Page 201 of 476 Page 202 of 476 generally located towards the northern portion of the property, within a proposed amenity area (see Figure 3, below). These trees will provide buffering to several properties that front onto Thomas Slee Drive and Pearwood Court. Approximately 102 trees will be removed, several of which are in poor or moderate health, or are dead. Wildlife species found within the property are common and abundant in the area and have, for the most part, adapted to human -altered or urban environments. Density: The proposed development would facilitate the Concern that the density of the applicant's development concept for single detached proposed development is too dwellings and semi-detached dwellings. It should be high. noted that the lands to the west are zoned `RES -4' (same as proposed zoning) and contain townhouses, which are denser than the proposed development. Also, the lands to the west are subject to development applications which propose to establish 10 stacked townhouse buildings containing a total of 160 residential dwelling units. Planning staff is of the opinion that the proposed density is appropriate for the context. Also, the proposed development represents a compatible built form at a comparable density and offers housing variety and choice. Property Values: Assessing the impacts to property values is not a Concern that the proposed planning consideration. Planning applications are development will reduce reviewed based on the principles of `good planning' in surrounding property values. the public interest which includes policy direction, serviceability, and functionality of the proposal. Privacy: The proposed low-rise development will be at a lower Concern that the privacy of the elevation than the existing dwellings on Pearwood Court homes on Thomas Slee Drive and Thomas Slee Drive, due to natural elevation and Pearwood Court will be differences. Moreover, 20 trees are proposed to be compromised as a result of the retained at the rear of the property, directly abutting the proposed development. properties fronting Thomas Slee Drive, which will act as a visual barrier to the proposed development (see Figure 3, below). For these reasons, Planning staff is not concerned about privacy. Grading: Planning staff met with property owners of adjacent Concern that proposed properties on Pearwood Court to discuss concern that retaining walls may negatively proposed grading and retaining walls on the subject impact immediately adjacent property may cause grading -related issues to the rear properties on Pearwood Court. yards of adjacent properties (e.g., damage to existing swimming pools and landscaping). In response, Planning staff met with the applicant and the owner's engineering consultant. The owner's engineering consultant prepared grading surveys of the adjacent Page 202 of 476 Page 203 of 476 properties and a revised grading plan for the subject property. These plans took into consideration existing landscaping and features of adjacent homes and included, for example, shifting proposed retaining walls 1.5 metres away from adjacent properties. It should also be noted that these plans are designed to ensure stormwater run-off generated from the subject property is contained and managed within the property. Construction Impacts: Engineering Services notes that through the future Site Concern about dust and Plan Application process, construction dust can be construction noise during mitigated by wetting unvegetated areas, in accordance construction. with a standard maintenance condition in the Site Plan agreement. At the site plan stage, Engineering Services will require the applicant to do this. It should also be noted that construction is only permitted to occur during construction hours as outlined in City by-laws. Page 203 of 476 Figure 3 — Revised excerpt of Preliminary Vegetation Management Plan. Trees to be retained are shown in red. Planning Conclusions In considering the foregoing, Planning staff recommends approval of the attached Zoning By-law. Staff is of the opinion that the subject application is consistent with policies of the Provincial Policy Statement, conforms to Growth Plan for the Greater Golden Horseshoe, the Regional Official Plan, and the City of Kitchener Official Plan. Moreover, the proposal represents good planning. Accordingly, Planning staff recommends that the application be approved. Page 204 of 476 STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee / Council meeting. Two notice signs were posted on the subject property and information regarding the application was posted to the City's website in March 2020. Following the initial circulation referenced below, an additional postcard advising of the Neighbourhood Meeting was sent by mail. A third postcard was mailed with notice of the statutory public meeting was circulated to all owners and occupants within 240 metres of the subject property and those who responded to the preliminary circulation (an expansion of the original circulation based on new protocols). Notice of the Statutory Public Meeting was also posted in The Record on December 29, 2023 (a copy of the Notice is attached as Attachment 'C'). CONSULT — The requested Zoning By-law Amendment was originally circulated to property owners within 120 metres of the subject property on March 12, 2020. In response to this circulation, staff received written responses from 58 households, which are summarized as part of this staff report. A virtual neighbourhood meeting was held on November 25, 2021, notice for which was sent via postcard to all owners and occupants within 240 metres and all those who responded to the original circulation notice. Planning staff also responded to several emails and met with several abutting neighbours. PREVIOUS REPORTS/AUTHORITIES: • Planning Act, R.S.O. 1990, c. P.13 • Provincial Policy Statement, 2020 • A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 • Regional Official Plan, Regional Municipality of Waterloo, 2015 • City of Kitchener Official Plan, 2014 • City of Kitchener Zoning By-law 2019-051 REVIEWED BY: Tina Malone -Wright — Manager, Development Approvals APPROVED BY: Justin Readman — General Manager, Development Services ATTACHMENTS: Attachment 'A' — Proposed By-law and Map No. 1 Attachment 'B' — Urban Design Brief Attachment 'C' — Newspaper Notice Attachment 'D' — Department and Agency Comments Attachment 'E' — Community Comments Page 205 of 476 PROPOSED BY — LAW 2024 BY-LAW NUMBER OF THE CORPORATION OF THE CITY OF KITCHENER (Being a by-law to amend By-law 2019-051, as amended, known as the Zoning By-law for the City of Kitchener — Hayre Properties Inc. — 448 New Dundee Road) WHEREAS it is deemed expedient to amend By-law 2019-051 for the lands specified above; NOW THEREFORE the Council of the Corporation of the City of Kitchener enacts as follows: 1. Zoning Grid Schedule Number 253 of Appendix "A" to By-law Number 2019-051 is hereby amended by changing the zoning applicable to the parcel of land specified and illustrated as Area 1 on Map No. 1, in the City of Kitchener, attached hereto, from Low Rise Residential One Zone (RES -1) to Low Rise Residential Four Zone (RES -4) with Site Specific Provision (384) and Holding Provision (58H). 2. Zoning Grid Schedule Number 253 of Appendix "A" to By-law Number 2019-051 is hereby further amended by incorporating additional zone boundaries as shown on Map No. 1 attached hereto. 3. Section 19 of Zoning By-law 2019-051 is hereby amended by adding Site Specific Provision (384) thereto as follows: "(384). Notwithstanding Section 7.3 and Table 7-2 of this By-law, within the lands zoned Low Rise Residential Four Zone (RES -4) and shown as being affected by this subsection on Zoning Grid Schedule Number 253 of Appendix "A", the following site specific provision shall apply: a) The Minimum Interior Side Yard Setback shall be 1.0 metres on one side and shall be 1.2 metres on the other side." 4. Section 20 of Zoning By-law 2019-051 is hereby amended by adding Section (58H) thereto as follows: "(58H). Notwithstanding Section 7 of this By-law within the lands zoned Low Rise Residential Four Zone (RES -4) and shown as being affected by this Page 206 of 476 subsection on Zoning Grid Schedule Number 253 of Appendix "A", no new uses shall be permitted until such time as the following conditions have been met and this holding provision has been removed by by-law: a) The parcel of land has been consolidated with the lands fronting Ridgemount Street and conditional approval of a Site Plan including, but not limited to, appropriate site access and servicing, has been granted by the City's Director of Planning; and b) A satisfactory Functional Servicing and Stormwater Management Report (FSR/SWM) has been completed to the satisfaction of the Regional Municipality of Waterloo. 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E = 0 " r- — 0 -0 C: 0 CD 0 — 0) r C: 0 a > 0 cm U) m 0 U) lo cn (D 0 E m (:h3 U) :3 U) o i;m cu E o 7-- c w a) a) rx Z U) — M a) a) 0 0 CL a) ai cu cn 0) a) co CL 0 0 5 C: 0 U) a) r- o a) 0 a) a) a 2 cn cn 0) o _0 0 :D i— :D c (D E ®„IllpO Fn -0 ') 0 0 AID - IIS "Illwrvu Z < q- E m m c 0 U) 0 NOTICE OF PUBLIC MEETING for a development in your neighbourhood 448 New Dundee Road Conceptual Site Plan Have Your Voice Heard! Planning & Strategic Initiatives Committee Date: January 22, 2024 Location: Council Chambers, Kitchener City Hall 200, King Street West o Virtual Zoom Fleeting Go to kitchener.ca/meetings and select: • Current agendas and reports (posted 10 days before meeting) • Appear as a delegation • Watch a meeting To learn more about this project, including information on your appeal rights, visit: www.kitchenenca/ PlanningApplications or contact: Andrew Pinnell, Senior Planner andrew.pinnell@ kitchener.ca 519.741.2200 x7668 The City of Kitchener will consider a Zoning By-law Amendment Application to change the zoning of the property to allow a mix of 14 single detached and 12 semi-detached dwellings; private road providing access to Ridgemount Street, two common amenity areas; 57 parking spaces, including 17 visitor and 2 barrier -free spaces; and side yard setback reduction. The applicant anticipates submitting a future Vacant Land Condominium and Site Plan Application. A Holding Provision is proposed to prev4R1aqwl224nofi47fscess to Ridgemount Street is achieved (vehicular access to New Dundee Road is for emergencies only) and to require a satisfactory Functional Servicing Report. Andrew Pinnell From: Sandro Bassanese Sent: Thursday, March 2, 2023 4:06 PM To: Andrew Pinnell Cc: Niall Melanson Subject: Updated ZBA Submission re 448 New Dundee Rd Hi Andrew I have had a chance to review the following documents provided in response to staff comments for the zoning bylaw amendment for 448 New Dundee road and offer the following comments: Site Plan: • The current unit mix reflected on the site plan is positive as it provides a mix of singles and semis, • The common amenity area provided on site is a positive improvement to the plan. • The revised retaining wall layout helps to create a better transition to the proposed and existing rear yards. • Tree preservation has been maximized at the north end of the property. • As per discussions internally the applicant is advised to explore a pedestrian connection from the adjacent property if grading and site design permits. Tree Management Plan: • The tree management plan as submitted is acceptable. Grading Plans: The grading plans submitted have been reviewed in conjunction with engineering staff and the following items are noted: • The retaining wall proposed along the easterly property line has been reduced in length significantly, • The grade difference along the common easterly property line has been reduced significantly. With the above noted changes urban design staff is in support of the zone change application moving forward. Let me know if you have any questions or concerns. Thanks Sandro Bassanese Supervisor Site Plank Planning Division I City of Kitchener 519-741-2200 ext. 7305 1 TTY 1-866-969-9994 1 sand ro.bassanese(cb-kitchener.ca 1 Page 225 of 476 City of Kitchener COMMENT FORM Project Address: 448 New Dundee Road Application Type: Zoning By-law Amendment ZBA20/004/H/AP Comments of: Environmental Planning — City of Kitchener Commenter's Name: Carrie Musselman Email: carrie.musselman@kitchener.ca Phone: 519-741-2200 X 7068 Date of Comments: February 27, 2023 1. Plans, Studies and Reports submitted as part of a complete Planning Act Application: • Phase 2 Vegetation Management Plan (Dwg. L1) and Phase 2 Tree Inventory Chart (Dwg. 1-2), 448 New Dundee Road, prepared by GSP Group., dated November 29, 2018 REV January 19, 2023. 2. Site Specific Comments & Issues: I have reviewed the revised Vegetation Management Plan as noted above that has been submitted as part of a complete application for a zoning bylaw amendment at 448 New Dundee Road, and provide the following: 1) A total of 121 tree are located on the subject property. The condition of the trees is: i) 47 trees are in good condition. ii) 54 trees are in fair -good condition. iii) 9 trees are in fair condition iv) 1 tree in fair -poor condition v) 4 trees are in poor condition vi) 6 trees are dead 2) Site grading and servicing works to support the proposed development will require the removal of 102 trees. Thus, 19 trees are proposed to be retained. 3) 1 can advise that if the proposed ZBA is approved (supporting the proposed development concept) it will result in the removal of the majority of the trees from the property. Also, on ecologically sound tree replacement plan (or landscaping plan) to offset the removals (submitted with a future site plan application) will be difficult to implement. 3. Policies, Standards and Resources: Tree Management • As per Section 8.C.2.16. of the Official Plan, the City will require the preparation and submission of a tree management plan in accordance with the City's Tree Management Policy (available on the City's Website), where applicable, as a condition of a development application. A City for Everyone Working Together — Growing Thoughtfully — Building Community Page 226 of 476 o Any tree management plan must identify the trees proposed to be removed, justify the need for removal, identify the methods of removal and specify an ecologically sound tree replacement scheme and any mitigative measures to be taken to prevent detrimental impacts on remaining trees. As per Section 8.C.2.6. of the Official Plan, the City will incorporate existing and/or new trees into the streetscape or road rights-of-way and encourage new development or redevelopment to incorporate, protect and conserve existing healthy trees and woodlands in accordance with the Urban Design Policies in Section 13 (Landscape and Natural Features) of the Urban Design Manual and the Development Manual. Hedgerows • As per Section 8.C.2.19. of the Official Plan, when considering development, redevelopment or site alteration proposals, the City may require the protection and enhancement of hedgerows, especially where: a) they link other elements of the Natural Heritage System; b) wildlife regularly use them as habitat or movement corridors; c) they are composed of mature, healthy trees; d) they contain trees that are rare, unique, culturally important or over 100 years in age; or, e) they contribute to the aesthetics of the landscape. Natural Heritage Features • The mapping and criteria for identifying individual natural heritage features is included in the Kitchener Natural Heritage System Technical Background Report (rev. June 2014). 4. Advice: • The subject property is greater than 1 acre in size and so the City's Tree Conservation By-law applies. If the owner(s) would like to remove a tree (not part of a planning approval), a tree conversation permit may be required. Additional information can be found on the City's website at: https://www.kitchener.ca/en/building-and-development/tree- conservation.aspx#Tree-conservation-permits. A City for Everyone Working Together — Growing Thoughtfully — Building Community Page 227 of 476 City of Kitchener - Comment Form Project Address: 448 New Dundee Road Application Type: ZBA Comments of: Environmental Planning (Sustainability) — City of Kitchener Commenter's name: Gaurang Khandelwal Email: gaurang.khandelwal@I<itchener.ca Phone: 519-741-2200 x 7611 Written Comments Due: February 27, 2023 Date of comments: March 2, 2023 1. Plans, Studies and/or Reports submitted and reviewed as part of a complete application: • Sustainability Statement — 448 New Dundee Road, prepared by GSP Group, dated January 9, 2023 2. Comments & Issues: I have reviewed the documentation (as listed above) to support a Zoning By-law Amendment to permit a residential development with 26 two-storey dwelling units in single detached and semi-detached formats on the subject site, regarding sustainability and energy conservation and provide the following: • Although the Ontario Building Code (OBC) is advanced, going forward all developments will need to include robust energy conservation measures as the City (and Region of Waterloo) strive to achieve our greenhouse gas reduction target. • The proposed development is anticipated to satisfy the Ontario Building Code for water conservation and energy conservation and generation, with consideration to other sustainability measures. It is recommended that more progressive measures that go beyond the OBC be explored to further water and energy conservation, generation and operation, and benefit future residents/tenants. • A Sustainability Statement (as per the City's Terms of Reference) will be required as part of a complete Site Plan Application which can further explore and/or confirm additional sustainability measures that are best suited to the development. • Potential items for consideration are: o Community/ common gardens and urban agriculture o On-site composting o Use of alternative water supply and demand management systems such as rainwater harvesting and grey water reuse 1 1II�!11 ge Page 228 of 476 c Building envelope (wall, roof and window thermal performance) designed beyond OBC requirements c Use of alternative or renewable energy systems such as solar photovoltaic panels, ground source or air source heat pumps, and solar thermal hot water system c Sustainable sourcing of construction and building materials 3. Policies, Standards and Resources: • Kitchener Official Plan Policy 7.C.4.5. The City will encourage and support, where feasible and appropriate, alternative energy systems, renewable energy systems and district energy in accordance with Section 7.C.6 to accommodate current and projected needs of energy consumption. • Kitchener Official Plan Policy 7.C.6.4. In areas of new development, the City will encourage orientation of streets and/or lot design/building design with optimum southerly exposures. Such orientation will optimize opportunities for active or passive solar space heating and water heating. • Kitchener Official Plan Policy 7.C.6.8. Development applications will be required to demonstrate, to the satisfaction of the City, energy is being conserved or low energy generated. • Kitchener Official Plan Policy 7.C.6.27. The City will encourage developments to incorporate the necessary infrastructure for district energy in the detailed engineering designs where the potential for implementing district energy exists. 4. Advice: ➢ As part of the Kitchener Great Places Award program every several years there is a Sustainable Development category. Also, there are community-based programs to help with and celebrate and recognize businesses and sustainable development stewards (Regional Sustainability Initiative - http://www.sustainablewaterlooregion.ca/our-programs/regional-sustainability- initiative and TravelWise - http://www.sustainablewaterlooregion.ca/our-programs/travelwise). ➢ The 'Sustainability Statement Terms of Reference' can be found on the City's website under 'Planning Resources' at ... https://www.kitchener.ca/SustainabilityStatement 2 111�!11 ge Page 229 of 476 Andrew Pinnell From: Mike Seiling Sent: Friday, February 24, 2023 4:39 PM To: Andrew Pinnell Cc: Leslie Collins; Moira Coughlan; Dwayne Hordyk Subject: RE: Updated ZBA Submission re 448 New Dundee Rd Building; No concerns however the applicant needs to be aware if the setback is 1m spatial separation Building Code requirements will not allow windows and require the walls to be upgraded from standard construction. Copying the MBO II PE's. Thanks Mike From: Andrew Pinnell <Andrew.Pinnell@kitchener.ca> Sent: Thursday, February 23, 2023 3:06 PM To: Mike Seiling <Mike.Seiling@kitchener.ca> Subject: FW: Updated ZBA Submission re 448 New Dundee Rd Hi Mike I believe I usually get comments from you on behalf of Building for ZBAs. This is an older ZBA that we just got a revised submission in for. See below Sharefile link. The concept plan shows semis and singles (SP17146j.pdf). Some of these dwellings have 1.Om setbacks rather than 1.2m. Is this okay from a Building perspective? Thanks, Andrew Pinnell, MCIP, RPP Senior Planner I Planning Division I City of Kitchener 519-741-2200 x7668 I TTY 1-866-969-9994 1 andrew.pinnell@kitchener.ca From: Andrew Pinnell Sent: Monday, February 13, 2023 9:51 AM To: Sandro Bassanese<Sandro.Bassanese@kitchener.ca>; Niall Melanson <Niall.Melanson@kitchener.ca>; MMohr <MMohr@regionofwaterloo.ca>; Carrie Musselman<Carrie.Mussel man@kitchener.ca>; Gaurang Khandelwal <Gaurang.Khandelwal@kitchener.ca>; Steven Ryder <Steven.Ryder@kitchener.ca>; Carol Bacon <Carol.Bacon@kitchener.ca>; Lenore Ross <Lenore.Ross@kitchener.ca> Subject: Updated ZBA Submission re 448 New Dundee Rd Hi all, Page 230 of 476 Please review the updated ZBA submission for 448 New Dundee Road. The updated materials can be found here. If you have trouble accessing these files, please let me know (Melissa, note that you will need to log in using the Region's generic access login). More info can be found below. Please provide me with written comments, even if the comments are "no concerns", by February 2P'. Thanks! Andrew Pinnell, MCIP, RPP Senior Planner I Planning Division I City of Kitchener 519-741-2200 x7668 I TTY 1-866-969-9994 1 andrew.pinnell@kitchener.ca From: Brandon Flewwelling <brandonf@gspgroup.ca> Sent: Wednesday, January 25, 2023 4:53 PM To: Andrew Pinnell <Andrew.Pinnell@kitchener.ca> Cc: Garett Stevenson <Garett.Stevenson@kitchener.ca>; Sandro Bassanese<Sandro.Bassanese@kitchener.ca>; Dave F. Hicks <DHicks@mte85.com>; Amarjit <amariithayre@live.com> Subject: RE: Additional ZBA Matters re 448 New Dundee Rd (]Ilo d afternoon Andrew, i warn Ihappy to cx)n irrrn that we now hawas11ll of ou it da:;aa uarrne nts Ipira::nl(aaared for an resualalm fission, i will u.aplla:;naad the followng docrrurrnei nts/dlraawlrigs to the City's haarrnllllr" Platform. I.Jpdaau'EA Silte Pla:nn Updated Eng„ neeriing DraaaMnf!s & i&ll * lalaa'ise Study Su.ustaao nan gni11 ity Staa k:&rwnent i lee Management Naain u 4' !,;i rn"nlrnaary Meilm:a of u.apdaates and rrnraf'oinse to past (x)rnrn"nrnlralrs r(:1ce., We Ilaaok forwaaral to aadvaanr'ilrn g thisthisaslplplia aaiJon. We i ..l..lhn as Irn IIB, s, Brandon Tr r,* no �7 IMICIP, ..., Development office: 519.569.8883 direct: 226.243.6521 226.220.5463 email: Dirgi SOO Suite 201 f nnrnnrnruu i� �Ira�i�llrulnln r°R,u This communication is intended solely for the named addressee(s) and may contain information that is privileged, confidential, protected or otherwise exempt from disclosure. If you are not the intended recipient of this communication, please advise us immediately and delete this email without reading, copying or forwarding it to anyone. Page 231 of 476 Andrew Pinnell From: Steven Ryder Sent: Monday, February 27, 2023 11:09 AM To: Andrew Pinnell Subject: RE: Updated ZBA Submission re 448 New Dundee Rd Hi Andrew, I don't think I had any issues with the ZBA itself for this site in the past. Looking through some emails, no TIS was required, and they are meeting the parking requirements. If I missed anything, please let me know, but I think I am good for the ZBA for 448 New Dundee. Thanks, Steven Ryder, C.E.T. Traffic Planning Analyst I Transportation Services I City of Kitchener 519-741-2200 ext 71521 TTY. 1-866-969-9994 1 Steven. Ryder(Lkitchener.ca 111iA I' Ii 'i ,r^ l:;i.�li',N"ir=r )h i`I"il, c'1"1"iJII. From: Andrew Pinnell <Andrew.Pinnell@kitchener.ca> Sent: Monday, February 13, 2023 9:51 AM To: Sandro Bassanese <Sandro.Bassanese@kitchener.ca>; Niall Melanson <Niall.Melanson@kitchener.ca>; MMohr <MMohr@regionofwaterloo.ca>; Carrie Musselman <Carrie.Musselman@kitchener.ca>; Gaurang Khandelwal <Gaurang.Khandelwal@kitchener.ca>; Steven Ryder <Steven.Ryder@kitchener.ca>; Carol Bacon <Carol.Bacon@kitchener.ca>; Lenore Ross <Lenore.Ross@kitchener.ca> Subject: Updated ZBA Submission re 448 New Dundee Rd Hi all, Please review the updated ZBA submission for 448 New Dundee Road. The updated materials can be found here. If you have trouble accessing these files, please let me know (Melissa, note that you will need to log in using the Region's generic access login). More info can be found below. Please provide me with written comments, even if the comments are "no concerns", by February27rn. Thanks! Andrew Pinnell, MCIP, RPP Senior Planner I Planning Division I City of Kitchener 519-741-2200 x7668 I TTY 1-866-969-9994 1 andrew.pinnell@kitchener.ca Wiroi�J l 1 Page 232 of 476 Andrew Pinnell From: Niall Melanson Sent: Tuesday, February 14, 2023 4:13 PM To: Andrew Pinnell Subject: RE: Updated ZBA Submission re 448 New Dundee Rd Hey Andrew The revised grading has addressed Engineering concerns. Furthermore, they are now proposing to outlet sanitary flows on to a proposed sanitary sewer on New Dundee Road; no more private sanitary pumping station. Engineering can provide ZBA clearance. Thanks Niall Melanson, C.E.T. Project Manager I Development Engineering I City of Kitchener 519-741-2200 Ext. 7133 1 TTY 1-866-969-9994 1 niall.melanson@kitchener.ca From: Andrew Pinnell <Andrew.Pinnell@kitchener.ca> Sent: Monday, February 13, 2023 9:51 AM To: Sandro Bassanese <Sandro.Bassanese@kitchener.ca>; Niall Melanson <Niall.Melanson@kitchener.ca>; MMohr <MMohr@regionofwaterloo.ca>; Carrie Musselman<Carrie.Musselman@kitchener.ca>; Gaurang Khandelwal <Gaurang.Khandelwal@kitchener.ca>; Steven Ryder <Steven.Ryder@kitchener.ca>; Carol Bacon <Carol.Bacon@kitchener.ca>; Lenore Ross <Lenore.Ross@kitchener.ca> Subject: Updated ZBA Submission re 448 New Dundee Rd Hi all, Please review the updated ZBA submission for 448 New Dundee Road. The updated materials can be found here. If you have trouble accessing these files, please let me know (Melissa, note that you will need to log in using the Region's generic access login). More info can be found below. Please provide me with written comments, even if the comments are "no concerns", by February2rh. Thanks! Andrew Pinnell, MCIP, RPP Senior Planner I Planning Division I City of Kitchener 519-741-2200 x7668 I TTY 1-866-969-9994 1 andrew.pinnell@kitchener.ca �a �I�II ��.x From: Brandon Flewwelling <brandonf@gspgroup.ca> Sent: Wednesday, January 25, 2023 4:53 PM To: Andrew Pinnell <Andrew.Pinnell@kitchener.ca> Cc: Garett Stevenson<Garett.Stevenson@kitchener.ca>; Sandro Bassanese <Sandro.Bassanese@kitchener.ca>; Dave F. Page 233 of 476 City of Kitchener Zone Change / Official Plan Amendment Comment Form Address: 448 New Dundee Road Owner: Hayre Developments Inc Application: ZBA20/003/N/AP Comments Of: Parks and Cemeteries Commenter's Name: Lenore Ross Email: Lenore.ross@kitchener.ca Phone: 519-741-2200 ext 7427 Date of Comments: Feb 27 2023 ❑ 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 updated submissions noted below submitted in support of a ZBA to change the zoning from R-1 to R-6 to permit the development of single detached dwellings and semi-detached dwellings. Site Plan of City template dated Sept 15 2022; GSP Group Phase 2 Vegetation Management Plan and Tree Inventory Chart dated 2023.01.19; MTE Inc Functional Grading and SWM rev #5 dated Nov. 07 2022; MTE Inc Functional Servicing rev #5 dated Nov. 07 2022. 2. Site Specific Comments & Issues: Parks and Cemeteries has no concerns with the proposed Zoning Bylaw amendment. 3. Comments on Submitted Documents There are different retaining walls illustrated on the TMP, Site Plan and Functional Grading Plans. 4. Policies, Standards and Resources: • Kitchener Official Plan • City of Kitchener Park Dedication Bylaw 2022-101 and Park Dedication Policy • City of Kitchener Development Manual • 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 A City for Everyone Working Together — Growing Thoughtfully — Building Community IBdgu A4 of 476 City of Kitchener Zone Change / Official Plan Amendment Comment Form 5. Anticipated Fees: Parkland Dedication The parkland dedication requirement for this submission is deferred and will be assessed at a future Site Plan Application or Vacant Land Condominium Application. Parkland dedication will be assessed based on the land use class(es) and density approved through the ZBA and required as a condition of Site Plan Approval or Draft Plan of Condominium Parkland dedication is required for the application as cash -in -lieu of land. The proposed lot fronting on Ridgemount St was subject to 30T-13203 and Parkland Dedication will not be required for this portion of the property. The City of Kitchener Park Dedication Bylaw and Park Dedication Policy have recently been updated and new parkland dedication criteria, rates and land values have been approved by Council on August 22, 2022. The Transition Provisions that are included within the Bylaw allow for formal Planning Act applications that have been deemed complete to proceed under the old Park Dedication By-law 2008-93 but require that the application receive final site plan approval / draft plan approval within 12 months. If final site plan approval / draft plan approval is not granted within this time the new Park Dedication By law, Policy and rates will apply. 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 �Ag of 476 Andrew Pinnell From: Chris Foster -Pengelly <cfosterpengelly@grandriver.ca> Sent: Tuesday, March 31, 2020 2:34 PM To: Andrew Pinnell Subject: RE: Circulation for Comment - Proposed Zoning By-law Amendment (448 New Dundee Road) Hi Andrew, The subject property is not regulated by the GRCA under Ontario Regulation 150/06. As such, we will not be providing 2 17, 17 Wo i Chris Faster -Pengelly, M.Sc., CAN-CISEC P: (519) 621-2763 x2319 F: (519) 621-4844 www.grandriver.ca From: Andrew Herreman <aherreman@grandriver.ca> Sent: Tuesday, March 10, 2020 3:23 PM To: Chris Foster -Pengelly <cfosterpengelly@grandriver.ca> Subject: FW: Circulation for Comment - Proposed Zoning By-law Amendment (448 New Dundee Road) Andrew Herreman, CPT Grand River ConservationAuthority 400 Clyde Road, PO Box 729, Cambridge, Ontario N1R SWi 621-2763 x 2228 1 www.grandriver.ca From: Christine. Kompter@kitchener.ca<Christine.Kompter@kitchener.ca> Sent: Tuesday, March 10, 2020 3:17 PM To: Aaron. McCrimmon-Jones@kitchener.ca; Andrew.Ramsaroop@kitchener.ca; circulations@wsp.com, Dave.Seller@kitchener.ca; David. Paetz@kitchener.ca; DSDPlanningDivision@kitchener.ca; vped@feds.ca; Andrew Herreman <aherreman@grandriver.ca>; Greg. Reitzel@kitchener.ca; landuseplanning@hydroone.com; Jim.Edmondson@kitchener.ca; gcameron@kwhydro.on.ca; Lesley.MacDonald@kitchener.ca; Linda.Cooper@kitchener.ca; Mike.Seiling@kitchener.ca; aIla n.hodgins@ontario.ca; Bonnie. L. Baker@ontario.ca; Executivevp.lawanddevelopment@opg.com; Park. Planning@kitchener.ca; Parmi.Takk@kitchener.ca; akutler@regionofwaterloo.ca; ballen@regionofwaterloo.ca; ibhatia@regionofwaterloo.ca; Mmohr@regionofwaterloo.ca; syip@regionofwaterloo.ca; PropDataAdmin@I<itchener.ca; rparent@regionofwaterloo.ca; Robert. Morgan@kitchener.ca; Steven. Ryder@I<itchener.ca; Steven.amirikah@uwaterloo.ca; planning@wcdsb.ca; elaine burns@wrdsb.ca; planning@wrdsb.ca Subject: Circulation for Comment - Proposed Zoning By-law Amendment (448 New Dundee Road) Please see attached. Comments or questions should be directed to Andrew Pinnell, Senior Planner (andrew.pin nell@kitchener.ca; 519-741-2200 x7668). Page 236 of 476 CITY DEPARTMENT & AGENCY COMMENT FORM Zoning By-law Amendment Application ZBA2O/0O3/VN\P Address: 44ONew Dundee Road Owner: Hayre Developments Inc. If you have NDconcerns or comments, please complete, detach and return to the writer. Depz 4enAgency P/ease return bz Andr*wPinneU.Seniorp|anner Planning Division City Hall, Bmfloor P.O. Box 1118.Kitchener, Ontario, N2G4G7 Fax 51Q-741-22OOx7SS8 Email: and new.pinne||@khohener.na \AeArv'k CA, Name of Representative (please print) Signature of Representative Page 237 of 476 Andrew Pinnell From: Shawn Callon <shawn_callon@wrdsb.ca> Sent: Friday, April 17, 2020 3:10 PM To: Planning Cc: Christine Kompter; Andrew Pinnell Subject: Re: Circulation for Comment - Proposed Zoning By-law Amendment (448 New Dundee Road) The Waterloo Region District School Board has no comments on or concerns with this application. Thanks, Shawn Callon Principal Planner On Tuesday, March 10, 2020 at 3:17:20 PM UTC -4, Christine. Kompter@kitchener.ca wrote: Please see attached. Comments or questions should be directed to Andrew Pinnell, Senior Planner (andrew.pin nell@kitchener.ca; 519-741-2200 x7668). Sincerely, Christine Kompter Administrative Assistant I Planning Division I City of Kitchener 200 King Street West, 6t" Floor I P.O. Box 1118 1 Kitchener ON N2G 4G7 519-741-2200 ext. 7425 1 TTY 1-866-969-9994 1 christine.kompter@kitchener.ca UINININEINIMIN i Page 238 of 476 Andrew Pinnell From: Hodgins, Allan (MTO) <AIIan.Hodgins@ontario.ca> Sent: Friday, March 13, 2020 9:40 AM To: Andrew Pinnell Cc: Christine Kompter Subject: RE: Circulation for Comment - Proposed Zoning By-law Amendment (448 New Dundee Road) MTO review, approval and permits are not required. Allan Hocfqins I rrl r e n t nor () Ph. (226) 973-8580 1 Fax (519) 873-4228 Email: allan.hodgins anontario.ca The Ministry of Transportation of Ontario West Region I Highway Corridor Management 15t Floor 1 659 Exeter Road, London, Ontario, N6E 1L3 htti)s://www.hcms.mto.gov.on.ca NEW PHONE NUMBER ALERT: (226) 973®3560 From: Christine. Kompter@kitchener.ca<Christine.Kompter@kitchener.ca> Sent: March 10, 2020 3:17 PM To: Aaron. McCrimmon-Jones@kitchener.ca; Andrew.Ramsaroop@kitchener.ca; circulations@wsp.com; Dave.Seller@kitchener.ca; David. Paetz@kitchener.ca; DSDPlanningDivision@kitchener.ca; vped@feds.ca; aherreman@grandriver.ca; Greg. Reitzel@kitchener.ca; landuseplanning@hydroone.com; Jim.Edmondson@kitchener.ca; gcameron@kwhydro.on.ca; Lesley. MacDonald @kitchener.ca; Linda.Cooper@kitchener.ca; Mike.Seiling@kitchener.ca; Hodgins, Allan (MTO) <Allan.Hodgins@ontario.ca>; Baker, Bonnie L. (MTO) <Bonnie.L.Baker@ontario.ca>; Executivevp.lawanddevelopment@opg.com; Park.Planning@kitchener.ca; Parmi.Takk@kitchener.ca; akutler@region ofwaterloo.ca; ballen@regionofwaterloo.ca; jbhatia@regionofwaterloo.ca; Mmohr@regionofwaterloo.ca; syip@regionofwaterloo.ca; PropDataAdmin@kitchener.ca; rparent@regio nofwaterloo.ca; Robert.Morgan@kitchener.ca; Steven. Ryder@kitchener.ca; Steven.amirikah@uwaterloo.ca; planning@wcdsb.ca; Burns, Elaine <elaine_burns@wrdsb.ca>; planning@wrdsb.ca Subject: Circulation for Comment - Proposed Zoning By-law Amendment (448 New Dundee Road) CAUTION -- EXTERNAL E-MAIL - Do not click links or open attachments unless you recognize the sender. Please see attached. Comments or questions should be directed to Andrew Pinnell, Senior Planner (andrew.pin nell@kitchener.ca; 519-741-2200 x7668). Sincerely, Christine Kompter Administrative Assistant I Planning Division I City of Kitchener 200 King Street West, 6t" Floor I P.O. Box 1118 I Kitchener ON N2G 4G7 519-741-2200 ext. 7425 1 TTY 1-866-969-9994 I christine.kompter@kitchener.ca / i ''I'll 11111711 771 11� � //Y 7 ab r tl%I a % Page 239 of 476 Andrew Pinnell Senior Planner City of Kitchener 200 King Street West, 6t" Floor P.O. Box 1118, Kitchener, ON N2G 4G7 Dear Mr. Pinnell, PLANNING, DEVELOPMENT AND LEGISLATIVE SEPVICES Community Planning 150 Frederick Street 8th Floor Kitchener Ontario N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4466 www.regionofwaterloo.ca Melissa Mohr 1-226-752-8622 File: C14/2/20003 November 6, 2023 Re: Proposed Zoning By-law Amendment ZBA 20/003 — 3rd submission 448 New Dundee Road Hayre Developments Inc. CITY OF KITCHENER The purpose of the Zoning By-law Amendment is to rezone the property from the Residential One (R1) Zone to the Residential Six (R6) Zone, from the Residential four (R-4) Zone to a Residential Six (R6) Zone with special provisions and from the Residential Four (R4) Zone with special provisions to a Residential Six (R6) Zone with special provisions to permit the construction of 14 single detached and 12 semi- detached dwelling units (26 units in total) with frontage onto a private road and one (1) proposed lot with frontage on Ridgemount Street. The site currently contains an existing single detached residential dwelling. The applicant is proposing to demolish the existing dwelling to construct 27 Single Detached Dwellings with frontage onto a private road and Ridgemount Street. A future plan of condominium is anticipated to facilitate this proposal. The zoning by-law amendment is required to permit the proposed use. Regional staff have reviewed the application and comments relating to the proposal are outlined below: 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 Low Rise Residential in the City of Kitchener Official Document Number: 4517130 Version: 1 Page 240 of 476 Plan. Permitted uses of the Urban Area and Built -Up Area in the ROP include a mix of housing uses (including single detached residential condo units), among others. Please note that Section 4.2 and 4.3 of the Planning Justification Report (PJR) prepared by GSP Group dated November 2019 refers to the subject lands being located in the Designated Greenfield Area and justifies the development based on policies that are relevant to the Designated Greenfield Area. As stated above and in the pre -submission comments, this site is designated Built -Up Area in the ROP. Regional staff kindly ask that Section 4.2 and 4.3 of the PJR be updated and justified based on the relevant policies within the Growth Plan and Regional Official Plan. Generally, Regional staff are supportive of the proposal for residential units on the subject lands, subject to the above and following technical comments being addressed. Please be advised that if a Plan of Condominium is contemplated for this development, a subsequent application and fees shall be required. Additional requirements (e.g. reports/studies) for a Plan of Condominium will come through pre -submission consultation review. Corridor Planning Zoning By-law Amendment Specific Comments: Environmental Noise: The proposed residential development will be impacted by environmental noise from traffic on New Dundee Road (RR #12) and Highway 401. The applicant has submitted an Environmental Noise study entitled "Environmental Noise Assessment, 448 New Dundee Road, Kitchener, ON prepared by MTE Consultants Inc. dated December 1, 2022". Regional staff have received an update to the study on November 3, 2023 and Regional staff are reviewing the additional material received. The noise study must be accepted by the Region prior to a decision being made on the application. As a plan of condominium is anticipated to permit this development, Regional staff require the noise study to be addressed either through the use of a holding provision or as part of the future Condominium Application. In addition, the accepted mitigation measures (e.g. installation of central air conditioning and special building components prior to occupancy and noise warning clauses within the purchase and sale agreements and Condominium Declaration) shall be implemented through the design of the building at the building permit stage and secured through a registered development agreement. Functional Stormwater Management Report and Plan: The preliminary stormwater management design within the Functional Servicing Report indicates the site will be attenuated to the 2, 5 and 100 year storm events as per the Upper Blair Creek Drainage Study. If these allowable rates are more than the pre - development storm flows, detailed calculations must be provided to confirm that the north side road ditch and the downstream conveying system has capacity and is adequate to take these discharges. Document Number: 4517130 Version: 1 Page 241 of 476 The consultant is required to identify the elevations at the crossing of the sanitary service and the 450 regional water main within the Functional Servicing Report. The 450mm CSP Culvert must be a smooth surface HDPE instead of CSP and the manhole on the 200 diameter sanitary line appears to be located on the Regional Road property line. Please be advised that the manhole shall be relocated to be completely on the private property. Furthermore, the concrete headwall must be moved so that it is located entirely within the private property as it appears to be abutting the Regional road property line. The applicant may be required to hydro vac to confirm the vertical and horizontal location of the water main. In addition, the existing residential access along with the existing Corrugated Steel Pipe (CSP) must be removed and the Regional Road Boulevard along the affected property frontage must be restored to Regional standards to match the existing road section with the side ditch to be restored and sodded. Finally, please confirm that the grading and extension of servicing is compatible with and coordinated through the proposed New Dundee Road re -construction project currently scheduled during 2024. Cross sections across the property frontage (preferably at 10m interval) must be provided to demonstrate how the proposed development grades will be compatible with both the existing road grades and the future road project grades. For any further information please contact Saman Ajamzadeh at 226-750-7503 Email: SAjamzadeh(cr�regionofwaterloo.ca The above noted Functional Servicing Report and Plan is required to be updated to addresses these comments prior to the Region accepting the study. The Region recommends that the updated study either be secured through a Holding Provision until the above is updated to the satisfaction of the Region or alternatively, the Region can defer this requirement to the site plan stage. Future Site Plan Application: Site Grading & Stormwater Management: The applicant must submit electronic copies of detailed Site Grading & Drainage Control Plan(s) and Site Servicing Plan(s) along with a detailed Stormwater Management (SWM) report for Regional review and approval. This should include drainage details for the subject property, abutting properties and the public road allowance so as to ensure compatible drainage and to show thereon all existing and proposed connections to the municipal storm sewers, sanitary sewers and water mains and all detailed erosion and siltation control features, all to the satisfaction of the Regional Municipality of Waterloo. The site grading must be compatible with the existing road grades and be compatible with the proposed reconstruction of New Dundee Road. The site must be graded in accordance with the approved plan and the Regional Road allowance must be restored to the satisfaction of the Regional Municipality of Waterloo. Document Number: 4517130 Version: 1 Page 242 of 476 Please note that Storm Sewers within the Regional right-of-way are generally sized and designed to only accommodate stormwater from the right-of-way and in some instances off road surface drainage under existing conditions. A private stormwater connection to any storm sewer on New Dundee Road (RR #12) will be discouraged where an alternate stormwater connection is available, including infiltration if soil conditions and Source Protection under the Clean Water Act permit, or if it is determined that the New Dundee storm sewer does not have the sufficiency (condition and capacity) to accommodate private stormwater flows from this site. It is the responsibility of the applicant's engineering consultant to determine an appropriate stormwater outlet from this site and the sufficiency of the receiving storm system if there is no other option available and to include this information in the stormwater management report. The applicant or their consultant should contact Mr. Malcolm Lister, manager, Technical Services for the Region of Waterloo at 519-575-4432 or mlister@regionofwaterloo.ca to determine if any engineering plans and/or further technical information for New Dundee Road (RR #12) is available which may be of assistance. Finally, the Owner/Developer is advised that a composite Utility Plan will be required at the Site Plan Stage. Please show all proposed shallow services (gas, telecommunication, hydro) on the plan and note any abandoned, decommissioned or existing unused shallow utilities, adjacent to or related to this development. Any decommissioned or unused utilities are to be fully removed the Region's road allowance. Municipal Consent: Municipal Consent shall be required for the installation of any proposed/required service 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://rmowroadpermits.mirasan.ca/ for further guidance. Access Regulation: A Regional access permit application with a fee of $230 (in accordance with Regional By-law 20-001) shall be required for the `Emergency Access' on New Dundee Road (RR #12). The existing residential access on New Dundee Road and any other redundant access on New Dundee Road shall be closed as condition(s) of the Access Permit. A boulevard along the Regional Road shall be required to Regional standards. A fee shall not be required for the closure of the existing access. The Application for the Access Permit is available at: httgs://www.regionofwaterloo.ca/en/resources/Access Perm it-access.pdf Transit Planning: There are no transit requirements for the above development. However, staff wish to advise you of the following: Document Number: 4517130 Version: 1 Page 243 of 476 • GRT service currently operates along New Dundee Road adjacent to this property. The closest stop is about 350m away at Robert Ferrie Drive/Blair Creek Drive. • Future transit plans in this vicinity include adding weekend service and potentially serving this area with a revised Route 16 along the Strasburg Rd extension. • Service may also shift north to Thomas Slee Drive from New Dundee Road, if transit supportive improvements are made at the Pinnacle Drive/New Dundee intersection. • Potential stop locations have already been identified on Thomas Slee Drive through previous developments. Without any improvements, service would continue to exit onto New Dundee Road from Robert Ferrie Drive using the new traffic signals. • Pedestrian connections should be provided from the proposed development to transit service in this area. Housing Comments The Region supports the provision for a full range of housing including affordable housing. Staff recommend that the applicant consider affordable housing through this proposal and dispersing the number of affordable housing units throughout the entire development in each phase (if the proposal is to be phased). 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. Housing for which the purchase price results in annual accommodation costs $1,470 which do not exceed 30 percent of gross $385,500 annual household income for low and moderate income households Bachelor: $950 Housing for which the purchase price is 1 -Bedroom: $1,134 at least 10 percent below the average $576,347 purchase price of a resale unit in the 3 -Bedroom: $1,538 regional market area 4+ Bedroom: $3,997 "Based on the most recent information available from the PPS Housing Tables (2021). In order for an owned unit to be deemed affordable, the maximum affordable house price is $385,500. For the purposes of evaluating the affordability of a rental unit, based on the definition of affordable housing in the Regional Official Plan, the average rent is compared to the least expensive of: A unit for which the rent does not exceed 30 per cent of the gross annual $1,470 household income for low and moderate income renter households A unit for which the rent is at or below the Bachelor: $950 average market rent (AMR) in the 1 -Bedroom: $1,134 regional market area 2 -Bedroom: $1,356 3 -Bedroom: $1,538 4+ Bedroom: $3,997 Document Number: 4517130 Version: 1 Page 244 of 476 "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 three (3) bedrooms, must be at or below the average market rent in the regional market area as shown above. For proposed units with three or more bedrooms, the average rent for the units must be below $1,470. Fees By copy of this letter, the Region of Waterloo acknowledges receipt of the review fees. General Comments Based on the above, the Region has no objection to the above noted application, subject to holding provisions to address the following: 1. That a holding provision shall apply to the entirety of the subject lands until a satisfactory detailed transportation (road) noise study has been completed and implementation measures addressed to the satisfaction of the Regional Municipality of Waterloo. 2. That a holding provision shall apply to the entirety of the subject lands until a satisfactory Functional Servicing and Stormwater Management Report has been completed to the satisfaction of the Regional Municipality of Waterloo. The FSR/SWM shall include additional information regarding the attenuation rates, ensure conformity with the Upper Blair Creek Functional Drainage Study and include elevations at the crossing of the sanitary service and the 450 regional water main. Alternatively, the noise study shall be addressed through the future condominium application and the Functional Servicing Report and Plan shall be updated as part of the future site plan application. Any future development on the lands subject to the above -noted application will be subject to the provisions of Regional Development Charge By-law 19-037 or any successor thereof. Please accept this letter as our request for a copy of the decision pertaining to this application. Should you have any questions, please do not hesitate to contact me. Yours truly, Melissa Mohr, MCIP, RPP Senior Planner C. Amarjit Hayre/Hayre Developments Inc. (Owner) Brandon Flewwelling/GSP Group (Applicant) Document Number: 4517130 Version: 1 Page 245 of 476 Andrew Pinnell From: Melissa Mohr <MMohr@regionofwaterloo.ca> Sent: Wednesday, November 22, 2023 9:12 AM To: Andrew Pinnell Subject: FW: Noise Study Review Comments- 448 New Dundee Road Attachments: DOCS ADMIN -#4517542 -v1 -KIT 448 _NEW_DUNDEE_ROAD_NOISE_STUDY_REVIEW_COM MENTS.pdf Good Morning Andrew, Please see the attached set of comments related to the noise study entitled "448, New Dundee Road, Environmental Noise Assessment" prepared by MTE, Dated December 1, 2022, revised October 27, 2023. Regional staff have reviewed the report and it is acceptable at this stage (ZBA stage) and a Holding Provision is not required. I wish to advise that there are multiple implementation measures required as a condition of approval for the future condominium, through the implementation of a registered development agreement between the Regional Municipality of Waterloo and the Owner/Developer to implement the recommendations and mitigation measures contained in the noise study. The registered development agreement shall address: 1) The developer agrees to implement the recommendations of the report "448 New Dundee Road Environmental Noise Assessment Revised October 27, 2023 (original December 1, 2022)" as prepared by MTE and further agrees that: 2) Units 11, 12, 13, 14, 15, 16, 17, 18 and 19: a) All units will be designed with special building components. Prior to the issuance of building permits, final architectural details of the windows, walls, and doors will be verified by a qualified Acoustic Professional to ensure the required sound transmission loss rating (STC) will be acceptable to meet indoor sound levels. b) All units shall be installed with air ducted heating and ventilation system suitably sized and designed for central air conditioning installed prior to occupancy 3) Units 5, 6, 7, 8, 9, 10, 20, and 21: All units shall be installed with air ducted heating and ventilation systems suitable sized and designed for the provision of central air conditioning at the owner/occupants' discretion. 4) Units 9, 10, 11, 12, 13, 14 and 15 (Noise Attenuation Barriers): a) Public and Private barriers noise barriers of varying lengths and heights, as detailed in section 4.2.2 of the report and shown on MTE Drawing 44367-100-NA1.1, will be constructed with a minimum surface density of 20 kg /M2 with Durisol of equivalent construction to the Region's satisfaction. b) Prior to construction, a Noise Wall Design Report for the detailed design material and location, grades, drainage, etc. of the noise wall must be submitted in compliance with the Region's Noise Policy Implementation Guideline. c) Upon construction of the noise walls as mentioned in a) above, a certificate of compliance for the construction of the above-mentioned noise barriers will be provided to the Region by a qualified Professional Engineer. d) The noise barrier must be installed to the satisfaction of the Region of Waterloo within 1 (one) year of receiving a building permit from the Area Municipality for the development. e) All the public and private noise walls will be considered as common elements of future Condominium Corporation. f) Suitable arrangements for replacement funds and/or long-term maintenance for the public and private noise barriers will be made as deemed appropriate by the City of Kitchener. g) The developer agrees to preserve the function of and maintain the acoustic barrier located upon the lands. The purpose of the barrier is to attenuate noise from New Dundee Road / Highway 401. The developer agrees that the Region, through its employees and agents, has the right to enter the lands to inspect the acoustic barrier. The developer agrees to repair or, if necessary, replace the acoustic barrier. Should the developer fail to repair or replace the barrier upon receipt of a written notice from the Region, as the Region deems necessary, the developer agrees that the Region may undertake such work upon the expiration of the time set out in the notice. If such work is undertaken by the Region, the developer hereby agrees to permit entry upon the lands for this purpose and agrees to reimburse the Region fully for all costs of undertaking such work. 5) The following noise warning clauses shall be registered on the title for the units as detailed below: a) Units 11, 12, 13, 14, 15, 16, 17, and 18: "Purchasers/tenants are advised that despite the inclusion of noise control features in the development and within the building units, sound levels due to increasing road traffic may occasionally interfere with some activities of the Page 246 of 476 dwelling occupants as the sound levels exceed the sound level limits of the Municipality and the Ministry of the Environment, Conservation and Parks. This dwelling unit has been supplied with a central air conditioning system, which will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Municipality and the Ministry of the Environment, Conservation and Parks. " b) Unit 19: "Purchasers/tenants are advised that sound levels due to increasing road traffic may occasionally interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Municipality and the Ministry of the Environment, Conservation and Parks. This dwelling unit has been supplied with a central air conditioning system, which will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Municipality and the Ministry of the Environment, Conservation and Parks." c) Units 9 and 10: "Purchasers/tenants are advised that despite the inclusion of noise control features in the development and within the building units, sound levels due to increasing road traffic may occasionally interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Municipality and the Ministry of the Environment, Conservation and Parks. This dwelling unit has been designed with the provision for adding central air conditioning at the occupant's discretion. Installation of central air conditioning by the occupant in low and medium -density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Municipality and the Ministry of the Environment, Conservation and Parks." d) Units 5, 6, 7, 8, 20, and 21: "Purchasers/tenants are advised that sound levels due to increasing road traffic may occasionally interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Municipality and the Ministry of the Environment, Conservation and Parks. This dwelling unit has been designed with the provision for adding central air conditioning at the occupant's discretion. Installation of central air conditioning by the occupant in low and medium -density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Municipality and the Ministry of the Environment, Conservation and Parks. " e) Units 22 and 23: "Purchasers/tenants are advised that sound levels due to increasing road traffic may occasionally interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Municipality and the Ministry of the Environment, Conservation and Parks. " That prior to the issuance of any building permit(s), an acoustical Engineer licensed in the Province of Ontario, certify that the noise attenuation measures are incorporated in the building plans and upon completion of construction, an acoustical Engineer also certify that the dwelling units have been constructed in accordance with the accepted noise study, and the development meets the MECP NPC -300 noise guideline noise level criteria. Should you have any questions regarding the above, please do not hesitate to ask. Kind Regards, Melissa Melissa Mohr, MCIP, RPP Senior Planner Confidentiality Notice: This email correspondence (including any attachments) may contain information which is confidential and/or exempt from disclosure under applicable law, and is intended only for the use of the designated recipient(s) listed above. Any unauthorized use or disclosure is strictly prohibited. If you are not the intended recipient, or have otherwise received this message by mistake, please notify the sender by replying via e-mail, and destroy all copies of this original correspondence (including any attachments). Thank you for your cooperation. From: Melissa Mohr Sent: November 22, 2023 8:54 AM To: 'Andrew Pinnell' <Andrew.Pinnell@kitchener.ca> Subject: Noise Study Review Comments- 448 New Dundee Road Page 247 of 476 Andrew Pinnell From: Alan O Goillidhe Sent: Tuesday, June 23, 2020 7:27 PM To: Andrew Pinnell Subject: 448 New Dundee Road Hi Andrew, I was reading your letter about the proposed development for 27 single detached homes in a condominium for 448 New Dundee Road. I am writing to ask do you know the status of this? Has this been approved? Thanks Alan Page 248 of 476 Andrew Pinnell From: Alexander Godlewski Sent: Wednesday, April 1, 2020 2:18 PM To: Andrew Pinnell Subject: ZBA20/003/N/AP 448 New dundee road Hey, I'm writing to strongly object to this new application. Specifically around the changes to the back of the lot There's 8 existing houses wrapping around it, and like mine: 7 other houses just built or being built facing it. I am not sure what people have seen but it's a very private area with lots of trees. All the surrounding lots are fairly big. It doesn't make sense to take away that privacy and space to cram in tons of tiny lots. This will devalue people's homes, as so many people look for houses with trees/nature/privacy nearby. There are quite a few houses that have been bought that aren't even yet completed and already their expected back yard view is expected to change. Many will have chosen their lots specifically for what is behind it I wouldn't even object to the houses closer to new dundee if the back of the lot were converted to a park/forested area with a path What is the current state of this? Have others complained? Keep me posted, thanks Page 249 of 476 Andrew Pinnell From: brandi hilton Sent: Wednesday, March 18, 2020 3:09 PM To: Andrew Pinnell Cc: Barbara Steiner; Gloria MacNeil; Della Ross Subject: Fwd: Petition Signed to Save Trees Hello Andrew, We have received your mail about the property owner of 448 New Dundee requesting by-law changes for a housing development project. From what I understand the request is to change from an R-1 zone to an R-6 zone which means each home would only require a lot area of 235 m2 (instead of 4,000 m2 and a width of only 9m2 from 30m2) according to your footnote 1. The residents of Pearwood Court are very concerned about the fabric of our neighbourhood. We were under the impression that this residential property had not even had approval for zoning last April when the community signed my petition to save some trees. We were under the impression that 118 of those trees were to be protected. What's changed? Thank you, Brandi Hilton Get Outlook for iOS From: brandi hilton Sent: Sunday, March 10, 2019 7:05 PM To: barbara.steiner@kitchener.ca; del Ia. ross@kitchener.ca; gloria.macneil@kitchener.ca Subject: Petition Signed to Save Trees Hello, i Page 250 of 476 Yvonne Fernandes has seen my petition on Facebook and reached out providing me with your contact information. I'm hoping for some help or clarification at least. I'm writing to inform you of some suspicious tree cutting that is about to take place tomorrow (Monday March 11th) at 448 New Dundee Rd in Kitchener. Our neighbourhood is very concerned and as of now we have 194 signatures on a petition I created yesterday to help save some of these trees. Please take a moment to read this petition below: https://www.change.org/p/christine-michaud-kitchener-ca-save-our-trees Last year, we noticed some surveyors out on our rear neighbours property (448 New Dundee Rd) who shared the home owners plans to sell to developers who will build 45 row houses. The plans showed all trees removed. As concerned neighbours, we contacted the city and were told last spring that there was no pre - approval for rezoning of that gradient land. We were further informed that we would be notified of any rezoning permits taking place and then be given the opportunity to have our voices heard. We have never heard a word from the city. Last week we noticed the property equipped with diggers and such. On Friday, we saw a young man in a workmens vest out removing every tag on the boardering trees. My husband spoke with him and he shared that he worked for a lumber company and that they will be removing EVERY SINGLE tree on the property starting Monday. We called the city again to see about an update and were told that there have still been no rezoning permits approved but the home owner does have a permit to remove trees. We are concerned that this is a case of irresponsible building as he may remove every tree and still not be approved for rezoning. It seems shameful. I am aware that this is private property but aren't there any laws out there for SOME tree protection? Particularly the ones along the fence line that drape into neighbouring land? Thank you in advance for hearing our voices, Brandi Hilton Page 251 of 476 Andrew Pinnell From: Charles Wah Sent: Friday, October 30, 2020 4:17 PM To: Andrew Pinnell Subject: [EXTERNAL] Re: 448 New Dundee Road Hi Andrew, Thank you for the information. What is the current status of the zoning by-law amendment? Have a great weekend! Regards, Charles On Fri, Oct 30, 2020 at 4:13 PM Andrew Pinnell <Andrew.Pinnell@kitchener.ca> wrote: Hi Charles, The planning consultant for the zoning by-law amendment application for 448 New Dundee Road is GSP Group (c/o Brandon Flewwelling). At this time, there is no site plan application for this property. I hope this helps. Have a great weekend. Sincerely, Andrew Pinnell, MCIP, RPP Senior Planner I Planning Division I City of Kitchener 519-741-2200 x7668 I TTY 1-866-969-9994 1 andrew.pinnell(o)-kitchener.ca ild II:h� i Page 252 of 476 From: Charles Wah Sent: Friday, October 30, 2020 1:45 PM To: Andrew Pinnell <Andrew.Pinnell@kitchener.ca> Subject: [EXTERNAL] 448 New Dundee Road Hi Andrew, I'm looking for a planning consultant for a potential site near 448 New Dundee Road. I didn't see a planning firm on the proposed site plan. Can you please let me know who the planning consultant is for that site? Thanks, Charles Page 253 of 476 Andrew Pinnell From: Denise Wamsley Sent: Tuesday, April 14, 2020 12:00 AM To: Andrew Pinnell Subject: 448 New Dundee Rd Zoning Change I am writing so that our concerns about this project can be brought forward to council. 1a. Has the city of Kitchener consulted with the Ministry of Transportation regarding the four-laning of New Dundee Road? 1b. Is the Ministry of Transportation considering a reduction in the speed limit along this area? The speed limit is currently 80 km an hour. Currently it can be a harrowing turn into our driveway. Fast moving vehicles behind you blare horns and sometimes worse things. With the steady stream of traffic during rush hours currently, it can be a long way to make a safe left hand turn out of our driveway. As you are aware, there were recently stop lights installed @robert ferrie, however the right turn lane onto Robert ferrie does not provide for more than 2 or 3 vehicles at a time which does impede traffic on New Dundee road. Also as you are aware high-density neighborhoods are already being built right beside 448 New Dundee road. The sheer volume of traffic once the existing subdivisions are completed is hard to imagine. This new proposal to allow 27 homes (each with a vehicle or two) will undoubtedly cause backups for the residents while trying to exit their private driveway. What is the long-term plan for traffic on New Dundee road? 2. 1 would like to know if these are affordable housing units? If not, why is there a push for more high-density housing along this area? Affordable housing is a real issue for Kitchener. Is this proposal to change zoning a part of that plan? 3. also there is no foot access to the property which can create a danger on the roadway, particularly if residents need to walk down to catch a bus at Robert ferrie. 4. Has the city of Kitchener approved the plan for snow removal? Lastly, I did make a call to by law last Summer as many massive trees were being taken down and major property grading had already begun and had already being approved. Denise and Steve Morrison Page 254 of 476 Andrew Pinnell From: Sent: To: Subject: Address: 448 New Dundee Road Dear Andrew, emily wang Monday, April 6, 2020 10:38 PM Andrew Pinnell Zoning By-law Amendment Application ZBA20/003/N/AP We recently received a letter in regards to re -zoning 488 New Dundee property. The letter with our response is in the mail. To be prudent, I'm reiterating what we have commented on the letter. 1. We dislike the further deforestation of the area. We already cut down a HUGE amount of trees when the subdivision was put in on Thomas Lee. The quality of life on the area will continue deteriorate. We've seen as the population grow in this area, the traffic and air pollution are much worse than before. This also coincide with increase in crimes in the area. Perhaps the property to be sold to a single owner who appreciate nature and such a private property. 3. We can say re -zoning of the land is driven by greed. Although it's hard for an individual or corporation to resist, we must do our part to help them to see the bigger picture. History has told us one thing. Greed is short-sighted and only benefit the minority of the population. Yet the damage from these acts are long-term and can't be reverse easily. Thank you for your careful considerations on this matter and the effort to solicit inputs from the public. Name: Emily Morriss Date: April 6, 2020 Page 255 of 476 COMMENT FORM Zoning By-law Amendment Application ZBA20/003,/N/AP Address.- 448 New Dundee Road Owner: Hayre Developments Inc. ry - . ............. . . .. ... .. ............... „mem. . .......... . .......... . . . ..... �jr,l NI ""1 4 A ILIT" L21 2, WhalJ t clI cloyou suged'for the requested application? ,1 4 441 011 1 1-c", ""'I'd, -'r 1 ,J, Any additional comments? A- (0 1 V 4P — . ........ .................. . ofr, Y ..... ... .. .. . .. . . .. .. .. . .. .. .. .. .. .. .. ... . . ...... .... . ... ....... J, j . ... . I . . . . . T P 6"i;_i jr f Av V it 14�j , no) or 4 'yCU r 4,44 ito� thi*a It tr,� r It tliii ��I T�(,,�, "rte vt,.� i h ot IN] Ow" ty"It vtt ct f.nommo,"ra"s, each individual, staff can only consider carnments if they include a name and address. Please note that all comments contained on this form may be used as part of a public staff report; however your name will be kept confidential. Separate letters or ernaiis are also welcome. Name: SIgnature: Date: Address: Please direct all correspondence tw, Andrew Pinnell, Senior Planner Phone: 519-741-2200 x7668 E(nail: and rempi nne 110q kitchener,ca Fax: 51-9-741-2624 Mail: City flail 200 King Street West, 61' Floor, PO Box 1118 K40,iener, ON II 4G7 COMMENT FORM . ........Official Plan Amendment Apppication OPA20/001/H/AP Zoning By-law Amendment Application ZBA20/004,/H/AP Address: 1.593 & 1.603 Highland Road West Owner: LJM Developments I. What do you like or dislike about the requested Offi6al Plan ArnendrYwmf and Zoning By-law Amendment .......... . Vihat rhanfres do you suggest for the requested applications? .­ . . ... . . .. . . . ­_­ .......... ­ ........... . ......... . ..... . ....... —",/".,—/—,"" ...... . ..... . . . .. ....... q, / I "v It . . .. . ......... . ........ .. .......... I-_11 --- 1/11-1-11--_ . ........... . ........... ­'­ .............. . . ............... . ......... . ........ 3, Any additional comments? j nanK you tar taking the 'Unik3 to fill out this form. Io ensure that we reoeEve or0y one set of comment's fro(rt each individual, staff can only consider coati-rients If they include a name and address, PIP -ase. note that all comments contained on this fora) may be used as part of a public staff iep ort; however yow narne will be kept confidential. Separate letters or emalls are also welcome. Name: Signature� Date: Address. _'_ ............ . ........... w. ......... . . . ....... Andrew Pinnell, Senior Planner Mail: Phone- 51.9-741-2200 x7668 City Had 200 King, Street West, Fax� 51.9-741-2624 6" Floor, PO Box 1.118 Kitchener, ON N2G 4G 7 Community member comments Re: Zonung By-law Ammendment ApIphcatbri Z13 2®/00 /N/ P We are not against new development in the area. The proposed development, on the other hand, raises some serious questions and concerns: 1) Until now, all new development was carefully kept away from the high -traffic Waterloo Regional Road #12 also known as New Dundee Road. Access to RR #12 is currently only possible at two locations: at Pinnacle Drive and at Robert Ferrie Drive. This is the first new residential development proposal we see directly adjacent to and with direct access from RR #12. What has changed? Are we now developing land directly along RR #12? If yes, what will that development look like? What is the proposed new zoning for the area? How are we dealing with increased traffic? Are we widening RR #12 to add a left - turn lane? Are we planning roundabouts or traffic lights? Sidewalks? Unfortunately, the Doon South Community Land Use Plan Map currently available publicly form the city's website, dated 2010, does not answer any of these questions. 2) Rezoning from R-1 to R-6 is all about increasing residential density. While we are not against higher - density residential development, we question whether this proposal is the right place and the right way of doing it. The long-term success of higher -density development seems tied to reasonably good walkability scores. The walkability score here is rock bottom. Let's compare it, for example, with the nearby Pioneer Park area, which has a good mix of higher -density residential units. It also has a grocery store, a pharmacy, restaurants, pizzeria, doctor's and dentist's offices, community center, public library, sports fields and a network of community trails in the surrounding extensive greenspace. All of it within easy walking distance. What is available near the proposed development? Nothing. It is entirely car dependent, at the very edge of the city, along what is, and will likely remain for the foreseeable future, a country road. One needs to walk almost 2 km each way to buy a cup of coffee or a piece of gum. We know how to develop successfully at higher densities. Why aren't we? 3) Remaining on the topic of residential density. Not even twenty years ago, the city approved new single -dwelling development on large sized lots zoned R-1 close nearby, along Pinnacle Drive. It looks like building at higher densities in this area wasn't yet considered desirable. We are now looking at re- developing existing property at higher densities at a location, which is, in our opinion, a lot worse. Again, it would be good to know what has changed in these intervening twenty years. 4) This is a proposed redevelopment of an existing residential property. The property is narrow, not very large overall and situated on a hill. Its redevelopment raises some challenges. A couple of these challenges are discussed separately below, under points 5) and 6). Let's just say here that overall, infill development is not the best way of developing residential property. Yes, it is frequently used to revitalize older areas of large cities, where no other approach is feasible. But is there a real need for such a redevelopment here? Are properties in the area languishing unsold on the market? Are property prices depressed? Is there urban decay? Have we run out of all new land to develop? We are not aware of any such issues. A couple of similar properties were sold recently in the area. Both found new owners who are enjoying and lovingly maintaining their properties. Page 258 of 476 5) Talking about the challenges of infill developments, we are not a huge fan of the proposed private access road. Regardless of its proposed status as a private road, the physical reality is that it will be a connecting road between RR #12 and Ridgemount Street. A barrier will have to be installed to prevent car access and "No trespassing" signs erected to keep bikers and pedestrians out. While adults can be expected to obey the signs, kids and adolescents are more likely to ignore them. In our experience, private roads like this become a constant source of tension in the neighborhoods where they are present. It will only add to the tension if the condo residents and their visitors will start using Ridgemount Street as overflow parking, which is predictable. In our opinion, it would be better to either build a regular public access road or to have no access to Ridgemount Street at all. However, neither of these alternatives may be possible because of various regulations and the physical limitations of the property being developed. As we already mentioned above, these are well-known issues with infill developments: plans are presented not because they are desirable, but because it is the only way to even minimally satisfy the regulations. 6) The proposed development is on a hill, with significant elevation difference from top to bottom and compared to the surrounding properties. The hill is mostly of sand mixed with some loose gravel, prone to erosion. The proposal demands the removal of a significant volume of sand and the erection of three separate retaining walls on three property lines. It is quite possible that strictly from an engineering point of view such work can be carried out. The better question is why are we doing it in the first place? We will leave behind to generations to come these retaining walls as a testament of our inability to develop according to a plan. For example, the proposed development will likely demolish and possibly partially rebuild an existing retaining wall along the property line with neighboring properties off Pearwood Court, built not even twenty years ago. And the proposed retaining wall on the west side of the property will hold back sand mostly moved there just a few years ago, as part of the development along Ridgemount Street. These are signs of poor planning, or better said, no planning. 7) Finally, the issue of fairness needs to be raised. There are other R-1 zoned properties on the north side of RR #12. The owners of those properties may be similarly motivated to maximize the value of their property. If this rezoning request is approved, it will be very difficult for the city to deny similar requests from other property owners. This can mean unplanned and uncontrolled infill development for years to come. We do not consider this desirable at all. Development is not bad, if it is done according to a plan. Haphazard development, on the other hand, is almost always bad. In conclusion, we are asking the city to deny the rezoning request. If a redevelopment of the R-1 zoned area is deemed necessary, the city can develop a comprehensive plan and discuss it with the area residents. A comprehensive plan seems the only fair way forward and the only way to prevent the haphazard, lot -by -lot infill redevelopment of the entire R-1 zoned area, which we believe nobody considers desirable. Dr. Ferenc Mihaly, P. Eng. Page 259 of 476 ......... . ....... OMIMENr FCAW ZIN'Ing fWWw Awwv6rTient Aggijw*n Z A6110*4", "a4 lW.V Durk nwul Owre'r: Karpla rA6A'OA)p7Mjs �e'c' 2. r, "VOW A W y W kka pr 6WIkeabuiA the feq!Mw*$ I , flning lby Mw Aawrwrnara W'WA Z Omat OUXIMS do YDUI UVAPM, For the rw=w'qrv"AWO).W! .... ...... ...... rya f"A:La k"" E's"A3, ww* nu NO t*W% theOrne to, flaout throl A�'wnt To 041%(�PTL% t'JT'jr' pW# t"VeNv, On+y Cxr* Vvt of carn'"MMAS Yom" Oxh OdMd"k sWR can w1h, MW AW V" WW ursbd al's part o" 14 pokfic staff r W—A.' fWpow sfe Wows ew 6muviro Woo 'A43tome "Tel , NNW � Z . ......... . ..... . swmwe" Dsi&� Addrv;s PWOO dirOct 30 CvnwOMdOfW4'tv: AwWww F%vol, Sa*x Nonnor Phone ' 51 1' 4, 741, 2200 x 7 668 EMMA Fwc 549441 QGZ4 MMI: C3q M114 200 Kinp Snftw-t 61" Floor, PO Bear 1" 1, IS MAchiefser, ON W20, 4G7 Page 260 of 476 Andrew Pinnell From: Kerry -Ann Baker Sent: Tuesday, April 14, 2020 5:51 PM To: Andrew Pinnell Subject: Zoning By -Law Amendment Application ZBA20/003/N/AP Hello Andrew, I trust you are well. I received the request for comment but unfortunately missed the date to send my response back by mail. I hope you will consider my comments via email instead. I live at and my comments are below in response to your questions: 1. What do you like or dislike about the requested Zoning By-law Amendment application? a. I dislike the sheer number and size of the homes requested in the amendment. I cherish the view we have from our backyard and realize this would be changed significantly if this request is approved as it is. What changes do you suggest for the requested application? a. If approval is being considered, I would suggest reducing the number and increasing the size of the homes. This would also help to ensure property values remain high for existing homes within the area. Any additional comments? It is unclear to me why visitor parking spaces would be required for single detached homes. I would be even more opposed to condominium or freehold townhomes in the area. Thank you for considering my feedback. Please let me know if you need any additional information. Many thanks, This e-mail message (including attachments, if any) is intended for the use of the individual or entity to which it is addressed and may contain information that is privileged, proprietary, confidential and exempt from disclosure. If you are not the intended recipient, you are notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify the sender and erase this e-mail message immediately. Le present message 6lectronique (y compris les pi6ces qui y sont annex6es, le cas 6ch6ant) s'adresse au destinataire indiqu6 et peut contenir des renseignements de caract6re priv6 ou confidentiel. Si vous n'6tes pas le destinataire de ce document, nous vous signalons qu'il est strictement interdit de le diffuser, de le distribuer ou de le reproduire. Si ce message vous a 6t6 transmis par erreur, veuillez en informer 1'exp6diteur et le supprimer imm6diatement. Page 261 of 476 Address*. 448 New Dundoe Rol Owner: Rtyre Developments Inc 11. What do, yoU, like, or dKilike, about� the requested Zonivig Sy4aw Amendme appillicafloft? I ft, strongly disappro", of Me requileoled Zoniing By-law Amendment 11sloclabovie due to, the loss, of trees,, priviacy, and how it wild Oiange thefebric and character of 'i,gl"tbourhood, S�mpllly poll, we feel that sqpeezingi twenty-soveti Piralpl(60-8, 10 oto nic C414 this lnd would be greedy ainid krespairogoVe,) LaV year, aher heednq th, at this awrw was going to take, down every trele on his11a, nd,w* went W a Penan to "'Serve the Trees', 1only a, to days, we IrieceioW nearly 300 signatures from our neiohl in support, On your website you stale that "treeS aro, ()ne of w mist re ins inaluraill resources - iirrodlua, We commruNty assets that are! in need ofour protWionw� AR) wefo infoffnied at, that. to mu from the City of Kdchlef*rs Environmental Unimittee that 118, of, the trees on this prof*rtywere prot'll will has ON, I)Ned? Afterwat&ing ft dolvastabon of this land owrier lakinq down dose to 2W heafthy trees last ytmt,, W* havIO already nalficed actuy)qe to, the wildlife, and to ow, taubf-ul Wkyard viewps,, This 7(x*Y4 By4*w knendment'sito, plan" wlould silgnifican:14t affect our property valk*s, and ptivacy, olfwfilich Ym have paid a large premium, Mat *61 bodone, to, rMfigateth'9 t u` "W loss, WVJ lows ofpdvacyl if this, was, to be rxnsiler od? Aos ftfi,, 040 neighbours would agree that our n6ohbourhood has had a, large increase in traffic, Saftty, arvj notse issues, due to the wnstruction thiat we have experienextid, aver Me past few, years, Adding, the, density,of 27 homies tundee Road would only,exacerbate ttv czns. 1 1 1 p r� �a ill 11 Protect as, many trs poises ble, if txj1de%) must U*epW.,,e (Michwe are ag strongly Opposed to) Consift, NAIding to homes tui protect more trees, and to, ftke, lerss of an impact, on current, homeowners. we,don,'j, t)6hove tbiat, "nig tot ml u adoWlOplient into a very nairrow Property is the best decision for ourcomimunity'. The Icting pattem suqgiemad is riot gut all consistent. W111i Owsurfounding nileighbourbiciod in trms, ol'size andd(I.Ah, The large emaW to to the east, will ailiso fikcqy develop in, the, Mmjre as traffic increases and these ow1wts ftdde 11hat O*e once trarqUI estate tat in the countrys4e, is, no IOMW, viaboe as ,a sing$e t t r, t r Ihome, The question; is whather yw, want to create a danqerw$ preaxsenit,(o ali, oweach of the propertyowners to, develop, cotheir CmO,,, Or Whether you want, to =siider this appfliwtioin; pxemature unifil i lands to ft eat sire ame,bled, `thiswWd allowti, bM.Ier p4anned afttion to this, neighbourhood to be matedth a toconventional rcadpaft)',O'fFn,, sind, targer tots mifith, bettiOt Spatial separaltibn from the existinglots, Thiswouild ble better sufteo k), I* area giNvin tho, "raphy of the neighbourhoOd to reisin trees. Itis iir*vItem WIo,,I, the'site plan'would reqtke massivie goo(Orq,, IAIhatis thio vogOW iOli plan, or tree Prom ration I einhanCernent plan,,,, it thisamendmentwaso to be, considered? Wooir* very, Concerned about the trees on our property fine,being rorrmwed as the majority of, the; trees hanig vvieron,01 our, property. We befieve that The roots, to theso vOql large treeswouldgo under our tmok, gafidens,%Ohtri our retairvinig wall, As s*j&i,, we aro, very, ov,jcemed about whether our retainingwaill,, d,0,0,, pool, and oLiir ftyundiabon wou$dlhold up, TryirV tojam, a slap art into a w&—r nairriciew pfropedy linisoiiabxm is unacceplabi4e. M ask that tho mmil d"s not W40w Oiiiis zoning &ar,ge to taike, P'111'8M in Is avent foirm. NAME", Kirsten SWOOT0111 and My $kVmon $IGNA'WRES: DATE: Matth, Wh, 7.02.0 UOTOWN age of Andrew Pinnell From: M.McLelland Sent: Saturday, October 30, 2021 1:17 PM To: Andrew Pinnell Subject: [EXTERNAL] New Dundee Road Speed Limit Dear Mr. Pinnell As a resident in the Doon area I am writing this letter asking you to consider reducing the speed limit along New Dundee Road between Homer Watson and Robert Ferrie Drive. Exiting onto New Dundee Road from Thomas Slee is becoming extremely dangerous due to the volume of traffic and the speed at which cars drive.lm afraid that there will soon be a serious accident and perhaps even a fatality. It makes absolutely no sense to have the speed limit set at 60km per hour from Homer Watson to Princess Auto and then have it increased to 80km per hour after that given the fact that you are closer to a residential area. With the increase in residential construction along the New Dundee Road corridor, would it not make sense to reduce the speed limit to 60km per hour ? I'm sure that you will agree that safety should be a priority. Sincerely, Mark McLelland Page 264 of 476 Andrew Pinnell From: Meredith Schaefer Sent: Tuesday, November 2, 2021 12:08 PM To: Andrew Pinnell Subject: [EXTERNAL] Development proposal Good afternoon, I am a resident on sportsman hill street in Kitchener. I received a notice about the zoom meeting regarding the proposed development of homes. Can you send me any more Information , drawings, builder etc. Thank you Meredith Schaefer Sent from my iPhone Page 265 of 476 Andrew Pinnell From: Reema Masri Sent: Tuesday, April 28, 2020 1:07 PM To: Andrew Pinnell Subject: ZBA Application ZBA20/003/N/AP - 448 New Dundee Road by Hayre Developments Inc. Hello Andrew, I am contacting you on behalf of our client property which is adjacent to the property subject of the above mentioned ZBA Application. As you can appreciate the proposed zone change has direct effect on my client's property. There could also be opportunities for coordination to the advantage of the site plan proposal, as I see quite a bit of retaining walls and regarding that can benefit from a larger scope view. I would like to book a time with you to talk on the phone about my client's interests and concerns. Kindly, advise of your availability. Regards, Reema Masri, B Sc. Arch. Eng., OAA, MRAIC NOTE: This electronic message contains confidential information intended for the recipient only. If you are not the intended recipient and have received this in error, you are requested to notify the sender immediately and destroy this message. You are hereby advised that any disclosure, copying, distribution or use of this message and its attachments are strictly prohibited. Page 266 of 476 IIS III IIS II��...II�.. IIS:: IIG° III Zoning By- law Amendment Application ZBA20/003/N/AP Address: 448 New Dundee Road Owner: Hayre Developments Inc. 1 What do you like or dislike about the requested Zoning By-law Amendment application? Do not like the idea of having that many single-family homes behind us. I will like if someone looks After the land behind us. Are these going to be condominium or free hold where each one looks after them differently? My worry is students or investors purchasing and leasing them to students. 2. What changes do you suggest for the requested application? Mu suggestions would be to leave any trees on the site that separate the houses with what is being Proposed. I also suggest more natural landscaping to block between houses and the development. I suggest removing unit #1 and #27 to give more of a buffer. If they are to be built as condo's my suggestion is appearance has rules around keeping it constant and that exterior maintained by condo to ensure appearance. would like to see rules about renting, as we do not want these becoming a student ghetto. 3. Any additional comments? Please have the developer provide a more realistic picture of what may be built, as the site plan does not match the pictures of type of houses. What is the height of the planned properties? When the development had started down the street, we were told this development would be years away and only a possibility. Want a natural barrier between these. Ensure drainage from this property will not affect or drain into our properties. If this is granted what will be done to ensure dirt and garbage issues. The development that is taking place has caused nothing but issues and dirt and the developer does nothing to try to limit this and the garbage, which is constantly blowing onto our yard. For someone with a pool I am constantly vacuuming out sand from the construction and it is causing me time and money as things break because of the sand build up and makes it almost impossible to enjoy the outdoors for the last few years and now this. Would prefer if they were more high-end condominium's (single family). I would like to be further involved in what occurs. Thank you for taking the time to fill out this form. To ensure that we receive only one set of comments from each individual, staff can only consider comments if they include a name and address. Please note that all comments contained on this form may be used as part of a public staff report; however, your name will be kept confidential. Separate letters or emails are also welcome. Name: Peter Simon „Y Signature: ��..., Date: April 12, 2020 Address: Pleasedirect all correspondence to: Andrew Pinnell, Senior Planner Phone: 519-741-2 200 x7668 Email: andrew.pinnell@kitchener.ca Fax: 519.741®2624 Mall: City Hall 200 King Street West, 6th Floor, PO Box 1118 Kitchener, ON N2G 4G7 Page 267 of 476 Andrew Pinnell From: Bill Rae Sent: Sunday, December 19, 2021 10:12 PM To: Garett Stevenson Cc: Andrew Pinnell; Christine Michaud Subject: [EXTERNAL] RE: FW: 448 New Dundee Road Neighbourhood Meeting Survey EM Thanks for this great information. Who should we get in touch with should unforeseen problems arise due to the development? I am inquiring about this because we followed the guidelines that you mentioned below every step of the way for an adjoining development, meters from our home. Oza Inspections were over to our house to take pictures in 2017 and 2019 fort he Ormston development that used MTE for the engineering consultants. We spoke with the phase one leader from MTE, Braden, on many occasions on the phone and he visited our home on at least one occasion. We also were in touch with John Acaria from MTE on many occasions and had another gentleman by the name of Goran Dragonjevic over to our home from MTE. We were lead to believe that they would look after the damages once the homes were built in our immediate area. It was in the fifth year of the development that those homes were completed. Mr. Hicks himself was over to our home and saw for himself some of the damages we had endured. The silt fencing that was installed had been swallowed up by sand dunes and did not get replaced until late in the fourth year. This allowed our property to be pummelled with sand on a daily basis. When the homes beside us were completed in the spring of 2020 Mr Hicks came to our home and deferred us to Activa Homes. They provided no support and we were informed to seek legal counsel. We are still repairing damages caused to our home from this development project. There seems to be no compassion for the neighbouring home owners! Christine has been a great help to us but we need some support with a responsible party should unforeseen mishaps occur during the new project. The presentation of MTE and Mr. Hicks sounds fantastic but from our recent experiences with the handling of our misfortunes, we have concerns for a repeat performance for all of our neighbours. If we could get a name and contact information for someone that could be responsible for handling our concerns going forward; that would be great! Thanks, and looking forward to hearing from you! MR From: Garett Stevenson [mai Ito: Garett.Stevenson@kitchener.ca] Sent: December 16 20218:09 PM To: Cc: Andrew Pinnell; Christine Michaud Subject: RE: FW: 448 New Dundee Road Neighbourhood Meeting Survey Hello Mr. Rae, Andrew has prepared some additional information below. Thanks, Page 268 of 476 Garett Garett Stevenson, BES, RPP, MCIP Manager of Development Review I Planning Division I City of Kitchener 519-741-2200 x 7070 1 TTY 1-866-969-999 garett.stevenson(c)kitchener.ca 19 0(VA 10 0 (Wv) 0 ual °1, for the most up-to-date information about City services. Residents are encouraged to visit Il�wirl�,.la.L:��..'..!I��.�.i�....�.�.1�.�.�;,.dy„....... This property is currently undergoing a Zoning By-law Amendment (ZBA) to allow 24 single detached dwellings to be placed on one property. The ZBA process mainly looks at whether the proposed land use is appropriate. If the ZBA is approved, the developer would have to go through the Site Plan (SP) process. The SP process looks at the physical layout of the proposal in much greater detail. Through the SP process, detailed engineering plans will be submitted by the developer's engineering consultant (so far this looks like MTE) and will be reviewed by the City's Engineering Services Division. These plans will be prepared to ensure that neighbouring lands are not negatively affected by, for example: grading (including tree removals), erosion and sedimentation, and stormwater runoff — both during and post construction. Prior to construction commencing, sediment control fencing will be installed to prevent erosion and silt from encroaching onto neighbouring properties. The silt fencing would be inspected by the consulting engineer and maintained regularly throughout construction to ensure it is in good working order. Other mitigation measures will be undertaken such as construction of diversion berms and sediment basins. As part of the SP process, to ensure that the site is developed in accordance with the approved engineering plans, the developer must post financial securities which will not released until certifications that prove the work has been done properly are completed, and these certifications have been signed -off by the City. Through the SP process the City would also review tree removals in more detail. Further to your concern about tree removals along the westerly property line shared with the houses fronting onto Ridgemount Street, I have confirmed that there are presently no trees in this area. In this regard, there are no removals that can occur to have a negative impact on the adjacent properties. When I spoke with Dave Hicks of MTE, he advised that his company has recently initiated a practice, outside of the City's process, of putting in its contracts / tenders a requirement that pre -condition surveys be completed for all immediately abutting properties. Such pre -conditions surveys are completed by a third -party and document the state/condition of adjacent properties before construction starts. This includes inspections of houses (inside & outside), if permission is obtained by the home owner. If an adjacent property owner encounters damage as a result of construction, the pre- condition survey acts as an important document for insurance and remediation purposes — helping to protect the property owner. Not every engineering consulting firm does this, but MTE does. Mr. Hicks also stated that during the grading phase of construction, if MTE continues to be the consulting engineer on this project, MTE would attempt to keep sand down by having the contractor spray the ground with a hydroseeding mix (minus the seed), as needed. This process was applied during the later stages of construction for the Ormston subdivision with successful results. He advises that this is difficult to apply during active construction, but will be helpful during (where possible) and after the grading phase is completed and again, once the underground servicing /roadworks phase have been completed. The site should also be monitored during the house construction phase to ensure any loose garbage is cleaned -up. Page 269 of 476 From the functional grading plans provided at this early ZBA stage, it appears that the majority of the properties on Ridgemount Street, Thomas Slee Drive, and Pearwood Court "fall into" the 448 New Dundee Road, meaning that the grade of the surrounding lands is higher than proposed grade of the site. Furthermore, pre -grading elevations will also lower the site even further during the construction phase prior to homes being built. This may help to mitigate several engineering -related concerns, such as stormwater runoff during construction. It should be also noted that the subject site is much smaller in area than the Ormston subdivision, which one of your constituent raised concerns about, and so impacts are likely to be less significant for this reason alone. From: Bill Rae Sent: Tuesday, December 14, 20217:12 PM To: Christine Michaud <0hids.. Subject: [EXTERNAL] FW: 448 New Dundee Road Neighbourhood Meeting Survey I don't know if you had a chance to get any answers toheardw ., from Garett,+, or you. We understand that it is a busy time of the year but if we could get some follow 4 d greatly appreciate From: Bill Rae Sent: November 29, 20216:22 PM To: 'Garett Stevenson'; 'Andrew Pinnell' Cc: 'Christine Michaud' Subject: RE: 448 New Dundee Road Neighbourhood Meeting Survey Hello; We are the We were unable to voice our concern during the zoom meeting due to technical difficulties and wanted to pass along a couple of questions and concerns that we would appreciate answers to. I wanted to let you know that we are not against the development. The frustrating elements for us are the way that we were treated during the previous experiences during the Ormston subdivision build. We understand that even with the best intentions some misfortune can occur. The honourable person takes responsibility and will correct the situation. We had some unforeseen mishaps occur during our initial experience and either we were dealing with dishonourable companies/people, or taking responsibility for your actions that affect your neighbours, does not hold true in the development world. The City of Kitchener takes a deposit of 50% of the development costs in case of unforeseen hardship that may occur. Has any of that deposit money ever been used to compensate home owners that have been negatively impacted by a neighbouring development? Dave Hicks from MTE was the Phase two engineer from the previous development. He came over to our house and saw some of the destruction to our property. There was such an issue with sand that Activa and MTE reported seeking guidance from Collingwood and Sauble Beach; yet last night he referred to spraying water over the sand to contain it. We all know how that works! There never was a containment of the sand and we have pictures of damages to show how destructive it can be. We have been forced to incur thousands of dollars of expense from the actions of others, with no accountability and no responsible party to oversee that wrongs are made right. We are hoping that our misfortunes of the last unfinished development in our immediate vicinity will not be swept under the proverbial carpet. Our neighbours don't deserve similar experiences to ours either. We look forward to some answers to our questions during the last few emails that we have sent to you. Thanks For all you are doing: The Rae Family Page 270 of 476 Andrew Pinnell From: adam Dunn Sent: Tuesday, November 30, 2021 6:40 PM To: MMohr Cc: Garett Stevenson; Christine Michaud; Andrew Pinnell; Amanda Kutler Subject: [EXTERNAL] Re: Sorry - we are still here for a few minutes if you want to re -join to meeting Hi Melissa, I appreciate the time you took respond and the information within. I agree that the speed on New Dundee Road is often 100km/hour and it is getting busier. Thomas Slee Dr is the alternative road (which residents on Ridgemount take) and that had a posted zone of 50, recently changed to 40, however the average speed is closer 70, with some through traffic achieving 80. This is where our kids catch the bus, ride their bikes and play. The City has done ZERO to slow the traffic down on Thomas Slee with the new development and now you are proposing more traffic! It is a racetrack at the moment. We have just dealt with years of loud construction, heavy machinery, roads full of trucks and dust. We have put up with the development we knew one day would come, we play chicken on Thomas Slee Dr, hoping the City will actually do something, but we are over waiting. It is against the interests of the community of Doon South to further populate the immediate area, add more traffic to a dangerous road and put the residents through more construction. This out of province developer has missed the boat with this one, surely you and your team can see that. It was mentioned at the meeting several times "This owner bought the land with the intent to develop". Why does that matter? Having intent to develop should not give you the right, particularly when the 300 immediately neighbours bought their properties to build families, create lives and live in the Kitchener communities we know can be such a great environment. Please do not cave in to a developer with only his own pockets in mind, as everyone knows this would be a gateway development to the property around. Thank you, Adam Dunn On 29 Nov 2021, at 10:56 am, Melissa Mohr <MMohr@regionofwaterloo.ca> wrote: Good Morning, Thank you for your email. New Dundee Road (Regional Road 12) is a Regional Road under the jurisdiction of the Regional Municipality of Waterloo and therefore subject to the Region's Access Policy. As 448 New Dundee Road has access to a Local Road (Ridgemont Drive), the main vehicular access to this site shall be Ridgemont Page 271 of 476 Drive with New Dundee Road being Emergency Access Only. The Emergency Access to New Dundee Road shall be gated and signed in accordance with the City of Kitchener's Emergency Access design requirements. Further to the above, New Dundee Road (Regional Road 12) has a posted speed limit of 80 km/hr. Rural Regional Roads with speeds limits of 80 km/hr often have operating speeds of 100 km/hr or more, therefore, if there is an opportunity to provide an alternate access from a local side street, it is preferred to eliminate the collision potential on the Regional Road where speeds are higher. I trust the above is of assistance. Kind Regards, Melissa Melissa Mohr, MCIP, RPP Principal Planner Confidentiality Notice: This email correspondence (including any attachments) may contain information which is confidential and/or exempt from disclosure under applicable law, and is intended only for the use of the designated recipient(s) listed above. Any unauthorized use or disclosure is strictly prohibited. If you are not the intended recipient, or have otherwise received this message by mistake, please notify the sender by replying via e-mail, and destroy all copies of this original correspondence (including any attachments). Thank you for your cooperation. From: Garett Stevenson <Garett.Stevenson@kitchener.ca> Sent: November 28, 20215:05 PM To:'adam Dunn' Cc: Christine Michaud<christine.michaud@kitchener.ca>; Melissa Mohr <MMohr@regionofwaterloo.ca>; Andrew Pinnell <Andrew.Pinnell@kitchener.ca> Subject: RE: Sorry - we are still here for a few minutes if you want to re -join to meeting Hello, I have copied Melissa on this email who can best respond to the Region's position regarding access. Thanks, Garett Garett Stevenson, BES, RPP, MCIP Manager of Development Review I Planning Division I City of Kitchener 519-741-2200 x 7070 1 TTY 1-866-969-9994 1 aarett.stevenson((Dkitchener.ca 0 '� (!"61)"1 °� 000 0 Residents are encouraged to visit Il d'mII7 p it / d' l p: 9 for the most up-to-date information about City services. From: adam Dunn Sent: Friday, November 26, 202112:28 AM To: Garett Stevenson <Garett.Stevenson@kitchener.ca> Page 272 of 476 Cc: Christine Michaud<Christine.Michaud@kitchener.ca> Subject: [EXTERNAL] Re: Sorry - we are still here for a few minutes if you want to re -join to meeting Hi Garrett, Why can't the City require the Developer to lobby the Region of Waterloo to have access to New Dundee Road. The City (Kitchener) seems to be lobbying for the developers, rather then for the people. If the Region of Waterloo was OK, with this development entering into New Dundee Road, there would be less arguments. However, if the Region denied that request based on traffic, then you would understand what we are talking about. I dare you to spend an afternoon with your kids on Thomas Slee H WY 401. We are the fabric of Kitchener, don't be the person who breaks it. On 25 Nov 2021, at 8:29 pm, Garett Stevenson <Garett.Stevenson@kitchener.ca> wrote: Hello, We accidently ended the meeting. We will be here until 8:45pm if you wish to rejoin the meeting. Thanks, Garett Garett Stevenson, BES, RPP, MCIP Manager of Development Review I Planning Division I City of Kitchener 519-741-2200 x 7070 1 TTY 1-866-969-9994garett.stevensonCcb_kitchener.ca (OF41 111 l u t rr Residents are encouraged to visit .,, U......U......li .:.::.II ..:'... N. for the most up-to-date .. utl�.....��.a:l':.!I.. . information about City services. Page 273 of 476 Andrew Pinnell From: brandi hilton Sent: Thursday, November 18, 2021 9:05 PM To: Andrew Pinnell Cc: Christine Michaud; Carrie Musselmani Subject: [EXTERNAL] 448 New Dundee Rd Development Dear Mr. Pinnell, Thank you for taking the time to read our email and hear our voices. We have many concerns about Hayre Properties Inc.'s Application for Zoning By -Law Amendment (dated November, 2019) in order to develop the land of 448 New Dundee Rd. We are outlining our questions here and we look forward to your responses. 1. Why does Hayres' proposal dated November 2019 state there are 504 trees (Page 2 under vegetation) on the property and Carrie Musselman said there were 302? In March of 2019, many of us neighbours adjacent to the 448 New Dundee Rd. property witnessed trees being cut down on the property and suspicious activity (chainsaws in the dark). We were told by a young man we saw tagging trees on the land, that the owner had plans to clear out all the trees that week and sell to a lumber company. When we inquired with the city, we were told the land was over an acre and a Residential one (R-1) and that a tree conservation permit was required to remove trees on his land. Your planning team shared the tree conservation permit dated February 27, 2019. Your team said there were 302 trees and 118 of those trees were tagged as protected and could not be removed. The owner then cleared the other 194 he was permitted. 2. Does the owner now have a tree conservation permit to clear the remaining trees? Or is this something he will easily obtain, if you approve the by-law amendment to Residential six (R-6) as he is requesting? 3. If so, has this been vetted through the city's Environmental Committee? Or will it be in the future? 4. Who surveyed the land and took the tree inventory for the city? 5. Can we have a copy of it and the species of trees on the land? What about the wildlife? The new site plan dated August 3rd, 2021, shows 24 homes being built on theproperty with all the trees along the treelines to the homes backing onto Pear wood Court removed as well as a "common amenity" area behind the Thomas Slee homes. 6. What is happening in the Common Amenity Area behind the homes on Thomas Slee? Are those trees also being removed? The land behind 62, 58 and 54 Pearwood Court has extremely steep grading with many large, healthy mature trees along our fences with root systems deep within the undergrounds of our backyards. has recently shared via email his story about the development of the Ormston property adjacent to him. The sand of the land was causing major issues with destroying his own property (foundations, cement steps, and underground root systems of trees removed that in turn destroyed his own trees on his land). All his damages ended up coming out of his own pocket. The side of� property is hardly steep and yet Sauble Beach and Collingwood were involved to help rectify the mayor issues. Page 274 of 476 7. Who has looked at the grading, trees and sand behind our homes and approved this land to be developed upon when ours is far more gradient and steep than 803 Thomas Slee? How can we be sure that sand/soil composition won't be an issue for us with regard to erosion and collateral damage from excavation? 8. Who will be responsible if ourproperties are damaged when those tree roots are removed? Or the grading of that land is changed? 9. It has come to our attention that there is a likely possibility that 5 more homes East of 448 New Dundee Kd have sold. Is this another extension to the Hayres Properties Inc.? Is this an indication that there will be further requests for more Zoning By -Law Amendments? What makes it ok to tear down large healthy homes and vegetation to build more homes? We don't believe that trying to jam a development into a very narrow property is the best decision for our community. The lotting pattern suggested is not at all consistent with the surrounding neighbourhood in terms of size and depth. The question is whether you want to create a dangerous precedent to allow each of these properties to develop on their own, or whether you want to consider this application premature until other lands to the East are assembled. This would allow a better planned addition to this neighbourhood to be created with a more conventional road pattern, and larger lots with better spatial separation from the existing lots. This would be better suited to the area given the topography and desire of the neighbourhood to retain trees. 10. Why were the residents of Autumn Ridge able to keep their treeline between their mature homes and the new Ormston development? 11. Will the homes that this owner is hoping to build be detached homes? If they are single detached homes, why is there a community parking lot? The fabric of the mature Wyldwoods neighbourhood, is one of large homes built on large lots of land with backdrops of treelines and greenspace kept between many of the streets. Hayre's proposal quotes section 15.D.3.4 of the 2014 City of Kitchener Official Plan: A Complete and Healthy Kitchener: "...new residential buildings in predominantly low density neighbourhoods should be compatible with respect to the massing, scale, design and physical character of the established neighbourhood and have appropriate landscaped areas..." 12. How does Hayres Development fit with the fabric of our established mature neighbourhood? In closing, if you do decide the development of this property is in favour of our neighbourhood and approve the by-law amendment, we are asking you take into great consideration the impacts on our properties. We are asking you to request a new site plan from Hayre's proposal that doesn't include the development of sites 1— 6. We are asking that the treeline be kept behind the Thomas Slee and Pearwood court homes. We are asking that the steep gradient sandy land with mature trees behind our homes remain intact as is. We thank you kindly for taking the time and effort to complete a full and extensive investigation into this development and more so for considering it's impact on our homes and our lives. Sincerely, Brandi Hilton and Mike Rand Judy Schill Marty and Kirsten Skowron Page 275 of 476 Dear Andrew, We were sorry to have missed you at our community meeting and feel that it was very unfortunate that the meeting did not record the candid commentary, questions and concerns at the end. We wanted to once again share our concerns in terms of the potential development on 448 New Dundee Road. We are very concerned about allowing an R6 zone change due to the historical ethics of this developer. In Surrey, British Columbia, he developed under the name Tip Top Developments Ltd which no longer exists. It seems that once the zoning change was approved, the plans for the development changed. We are worried about this happening here, the plan for low rise bungalow development could lead to high rise development with the approval of the R6. As well, we are concerned about the liability for damage to our mature properties including, but not exclusive to, our retaining walls, pools and landscaping. At the meeting, we had been told that more information would be shared about the retaining walls. Why is it that the retaining wall backing onto Ridgemount Street is away from the property line, and the one behind the mature homes on Pearwood Court seems to be on the property line? We are unsure how putting a retaining wall behind 62 Pearwood Court, and keeping the trees that are listed on the plan are consistent. As you know, the land on 448 New Dundee Road is extremely gradient (15 metres difference) which is a huge concern for this development and the potential land issues. We feel strongly that this is a dangerous zoning change. In my original comment form that I had sent, I wrote that "The large estate lots to the east will also likely develop in the future as traffic increases and these owners decide that their once tranquil estate lot in the countryside is no longer viable as a single detached home". We have recently been told that this has now happened. Is this development premature, and is there a way to consider these two developments at the same time to create a better plan that suits the lotting and road pattern of the neighbourhood, and considers spatial consideration to existing lots? By keeping the treeline on the existing properties, that would support the noise concerns from the 401. We also have a concern for traffic, specifically on Thomas Slee Drive and turning onto New Dundee Road. With the future school being built and the current issues with traffic, involving the Police, we feel strongly that a Traffic Impact Study should be completed. Thank you for your ongoing support in this process, and we really appreciate you considering the many concerns about this development, Kirsten and Marty Skowron Page 276 of 476 Andrew Pinnell From: Mary Hundt Sent: Sunday, November 7, 2021 4:42 PM To: Andrew Pinnell Cc: Mary Hundt; murray Hundt Subject: [EXTERNAL] Feedback Re:Site Plan 448 New Dundee road Hi Andrew, We live at We are writing to voice our concerns regarding the development on New Dundee Road that will essentially be in our back yard. While we understand the need for development, we respectfully ask that you take into consideration the privacy we have had since building our home 22 years ago. We bought our lot believing there would be no future development behind our homes. We now see there we be a 24 home development in our back yard. While we know we cannot stop the progress and the meeting being held is likely just to "appease" current residents, we do ask that you take into consideration retaining our privacy by installing a tall privacy wall along with leaving some mature trees between our properties and the new development. We would also hope that the development will be at a lower grade than our lot. The pamphlet we received showing the map of the planned development was illegible, and due to not being able to read it, we had no idea what part of the development will be in our back yard. We plan to attend the meeting on November 25th to truly understand what the city has approved. Thank you in advance for taking our serious concerns into consideration. Murray and Mary Hundt Page 277 of 476 Andrew Pinnell From: Paul Florica Sent: Tuesday, December 28, 2021 2:06 PM To: Andrew Pinnell Cc: Christine Michaud; Garett Stevenson Subject: [EXTERNAL] RE: 448 New Dundee Road Neighbourhood Meeting Survey Good r r, odrew I thought I would formally submit our comments regarding8 New Dundee rd tit ensure developer is aware of or.should he wish to.,iw design update. Eliminate as much o. the proposed retaining wall as possible where 44meets 430 along easterly boundary. Rather blend grading to allow for a sensible grade at rear of 430 should development proceed on 430 as well. 2) This grade aw -nt would also allow the opportunity to provide "community o . . o n 404-430 1. Dundee rd to the balance of oSouth , I . From: Garett Stevenson <Garett.Stevenson@kitchener.ca> Sent: November 28, 20213:54 PM To: Andrew Pinnell <Andrew.Pinnell@kitchener.ca> Cc: Christine Michaud<Christine.Michaud@kitchener.ca> Subject: 448 New Dundee Road Neighbourhood Meeting Survey Hello, Thank you for participating in the virtual Neighbourhood Meeting (NM) for the Zoning By-law Amendment application for 448 New Dundee Road held on November 25, 2021. Here are the next steps: r") r. � -0 N�, I have updated the City's website with the presentation from the meeting (takes a few days to update), as well as a recording of the meeting,which can be found online at w Ilii-tclheineir.ca ainniiin a iicatiioins We know it is important for community members to be involved in decisions that affect them. In order to better serve the community, we would like to understand who currently participates in City -led engagement activities related to development services (e.g. urban planning, transportation planning, engineering, economic development). Please complete a short survey: ,Ifs,1 p.2:://,,,,,,,,,,,, W,... ir„ rlr;; ir, l lrn ,,,, u,l ,,,,lpll it it iiir We will use this information to help develop new engagement strategies that reach all members of our community. Thank you for your participation at the meeting and for your comments and questions on this application. Andrew will evaluate the comments received to date and will be in touch on the next steps for engagement. Page 278 of 476 OE OH W 00 v c CL m a s rD rD iid N W D N CD "*14�O CD W z D Page 279 of 476 Page 280 of 476 1 V "A ......................... 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W IN V "N I 0- 0 w m = m < 3 (D co V, (D rD rD 0- ff CY ID M ID Zol CD V, (D r) M M ZT 6- rD zs0 FD 0 rs C, rDZ5 rD Z5 0 Z-5, UQ 0 Vs3 Cl - m (D a - (D Page 288 of 476 fA, ff F I 0- 0 w m = m < 3 (D co V, (D rD rD 0- ff CY ID M ID Zol CD V, (D r) M M ZT 6- rD zs0 FD 0 rs C, rDZ5 rD Z5 0 Z-5, UQ 0 Vs3 Cl - m (D a - (D Page 288 of 476 fA, All I 0- 0 w m = m < 3 (D co V, (D rD rD 0- ff CY ID M ID Zol CD V, (D r) M M ZT 6- rD zs0 FD 0 rs C, rDZ5 rD Z5 0 Z-5, UQ 0 Vs3 Cl - m (D a - (D Page 288 of 476 Andrew Pinnell From: Sara Haertel Sent: Monday, November 29, 2021 1:26 PM To: Andrew Pinnell Subject: [EXTERNAL] New development at 448 new Dundee rd Hi there. We received the notice of the proposed new development on new Dundee Rd in Kitchener. As a resident that would be affected by this, we would like to raise our concerns. He were part of the meeting this past Thursday Nov 25. But still wanted our voices heard. We're not too sure where this process is, if it a done deal or not and the city is just going thru the motions. First, we would like to say we strongly oppose this development. It looks as though this has changed a few times. We are greatly concerned about the amount of traffic having the main access of this to be from Ridgemount st. Us, as well as many neighbours, have small children which raises great concerns for their safety. There will be increased vehicles on the street and with the proposed school just a few streets away, makes this a whole lot more scary having them walking to school. I know myself, that I've almost been in an accident trying to turn left from Thomas slee onto our street (ridgemount) when a vehicle decided to pass on the left side as I was slowing down to turn. I had a blinker on, but yet they still passed. This is dangerous. And this will be adding to the danger in a neighbourhood that already has issues. Next is the amount of homes that are proposed. This is excessive. Doon is known for the rolling hills and beautiful trees and greenery. As a resident of Kitchener my whole life, I've always lived in the area. This is what brought us to doon to raise our family. We believe this development will take away from what doon is known for. Taking down trees and destroying the wildlife is not what doon should be known for. I know in the past, they've left a green belt then built beyond that. Why can this not happen here. Next, we have great concern for the re -zoning of the lot. Going from an R-1 to and R-6 seems like a large jump which is a red flag for us. This tells us that they could possibly change the height of the buildings to 10.5m. Huge red flag here. Lastly, property value. I don't think you can say the values of our properties wouldn't decrease. Taking away hundreds of trees and destroying a beautiful view to build a condo development will absolutely decrease property values. No matter what the market is. We just moved in last December. So this was the first we heard of this. This felt like a punch to the stomach. We wish that our builder had mentioned this when we purchased. This looks as though it's been in the works since 2019. We bought in 2020 and nothing was said. This is truly disappointing. We would hope that these concerns be taken into consideration even though we're coming in late. Thank you for your time Sara Haertel and Marvin Williams Sent from my iPhone Page 289 of 476 Andrew Pinnell From: Sergey Galich Sent: Tuesday, November 2, 2021 10:14 AM To: Andrew Pinnell Subject: [EXTERNAL] Re. planning of development at 448 New Dundee Road Hello Andrew, I'm contacting you regarding development at 448 New Dundee Road. I trust there is enough school capacity to support extra few houses and I hope there will be some grocery planned around that area (currently if I want to walk to grocery store it would take me about an hour to get there). What I'd really like to highlight is that whole area around is using 2 exits from New Dundee road to neighborhood, one with traffic light and slow down lane (good) and one is a trouble where 40kmh neighborhood road meets 80kmh New Dundee road (New Dundee and Pinnacle Dr intersection). There is no slow down lane there turning into neighborhood is not safe. New development means that there will be more traffic executing unsafe maneuvers. Can this be addressed by the city? Regards, Sergey Galich Page 290 of 476 Staff Report J IKgc.;i' r� R Development Services Department www.kitchener.ca REPORT TO: Planning and Strategic Initiatives Committee DATE OF MEETING: January 22, 2024 SUBMITTED BY: Garett Stevenson, Director, Development and Housing Approvals, 519-741-2200 ext. 7070 PREPARED BY: Katie Anderl, Project Manager - Planning, 519-741-2200 ext. 7987 WARD(S) INVOLVED: Ward 4 DATE OF REPORT: January 4, 2024 REPORT NO.: DSD -2024-010 SUBJECT: Zoning By-law Amendment ZBA19/003/P/KA 86 Pinnacle Drive A & F Greenfield Homes Ltd. and Rosu Developments Inc. RECOMMENDATION: That Zoning By-law Amendment Application ZBA19/003/P/KA for A & F Greenfield Homes Ltd. and Rosu Developments Inc. be approved in the form shown in the `Proposed By-law', and `Map No. 1', attached to Report DSD -2024-010 as Attachment W. REPORT HIGHLIGHTS: • The purpose of this report is to evaluate and provide a planning recommendation regarding a Zoning By-law Amendment Application for the property located at 86 Pinnacle Drive. • It is Planning staff's recommendation that the Zoning By-law Amendment Application be approved. The proposed application represents an opportunity to provide `missing middle' housing that addresses a need in our community. • Community engagement included: o circulation of a preliminary notice letter to property owners within 120 metres of the subject site in May 2019, and a recirculation of the updated application to property owners and residents within 240 metres of the subject site and any individual previously engaged in the application process, in December 2022; o installation of a notice sign on the property; o an initial neighbourhood meeting was held September 10, 2019 and a second neighbourhood meeting was held January 10, 2023; 0 on-site small group meeting February 1, 2023; o postcard advising of the statutory public meeting was circulated to all property owners within 240 metres of the subject site, and those who responded to the preliminary circulation, and *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 291 of 476 o notice of the public meeting was published in The Record on December 29, 2023. This report supports the delivery of core services. EXECUTIVE SUMMARY: Planning Staff is recommending approval of the requested Zoning By-law Amendment Application to change the zoning from `Residential Four Zone (R-4)' in Zoning By-law 85-1 to `Low Rise Residential Five Zone (RES -5) with Site -Specific Provision (386)' in Zoning By-law 2019-051 to permit a 16 unit stacked back-to-back townhouse building. BACKGROUND: The City of Kitchener received an application for a Zoning By-law Amendment from A & F Greenfield Homes Limited for a development concept that proposes a three-storey 16 unit multiple dwelling in May 2019. At that time the City was initiating work on the Lower Doon Land Use Study which was intended to review current issues, zoning and land use designations in the Lower Doon and Conestoga College area. Following preliminary circulation and an initial neighbourhood meeting, the applicant agreed to pause the subject application while City -initiated work was progressing on the Lower Doon Land Use Study. The study was endorsed by Council in March 2021 and follow-up steps included bringing forward a City initiated Official Plan Amendment and Zoning By-law Amendment. The subject application remained on hold through 2021 and much of 2022. In November 2022, the applicant submitted a revised development concept for a 16 -unit stacked back-to-back townhouse (multiple dwelling). Notice of the revised application and an invitation to a second Neighbourhood Meeting was circulated in December 2022. The neighbourhood meeting was held in January 2023 and a follow-up on-site small group meeting was held in February 2023 with a small group of residents. As a result of the consultations, the applicant prepared a further revised concept to respond to concerns of residents in March 2023. Throughout the spring and summer of 2023, work was also progressing on the City initiated Official Plan and Zoning By-law Amendments for Lower Doon. The applicant again elected to hold off on pursuing the site-specific proposal in order to better understand the City's direction on the comprehensive amendments. Recommendations on the Lower Doon Secondary Plan and Implementing Zoning were brought before Committee for a Statutory Public Meeting in October 2023 and were considered by Council in November 2023. Staff recommended a mix of `Low Rise Residential (RES -4) Zone' and `Low Rise Residential (RES -5) Zone' for much of Lower Doon bound by Pinnacle Drive to the west, Doon Valley Drive to the south and Old Mill Road to the north. Following deliberations, Council elected to rezone the majority of these lands `RES -4' with the exception of lands which were previously zoned `R-6' which were rezoned to `RES -5. An appeal has been filed with the Ontario Land Tribunal regarding the Zoning By-law Amendment for Lower Doon and, at time of writing, the Official Plan Amendment has not yet been approved by the Region of Waterloo. The `RES -4' zone permits a range of low rise dwelling types including multiple dwellings up to 4 units. The proposed `RES -5' zone would permit a low-rise multiple with more than 4 units. The subject lands, being subject of a site-specific application did not proceed as part of the final zoning by-law for the Lower Doon area and remain zoned `Residential Page 292 of 476 Four Zone (R-4)' in Zoning By-law 85-1. A separate decision for this property is required, and based on the site-specific application and the merits of this development proposal. The applicant has revised their requested zoning by-law amendment application from the initial 2019 submission to align with the current development proposal for a stacked back- to-back townhouse with sixteen (16) residential units and proposes to bring the lands into Zoning By-law 2019-051 with RES -5 zoning. Site -Specific Provision (386) is proposed to require a minimum side yard setback of 2.5 metres and an increased front yard setback of 6.5 metres. The subject property is identified as `Community Areas' on the City's Urban Structure (Map 2 - City of Kitchener Official Plan), designated as `Low Rise Residential' (Map 3 - City of Kitchener Official Plan) and is zoned `Residential Four Zone (R-4)' in Zoning By-law 85-1. Site Context The subject lands are comprised of one lot addressed as 86 Pinnacle Drive and is located on the east side of Pinnacle Drive. The lot area of the subject site is approximately 0.215 hectares and the lot frontage is 42.3 metres. The lands currently contain a vacant single detached dwelling and accessory structures. As the existing building is vacant, there are no existing tenants being displaced with this proposed application and redevelopment. Through the review and evaluation of this application, the development concept was revised from the initial submission which proposed a 16 unit low-rise apartment style building (Figure 3) to a 16 unit stacked, back-to-back townhouse (Figures 4 and 5). The neighbourhood consists of a mix of low-rise dwelling types including single detached dwellings, semi-detached dwellings, cluster townhouses, and a commercial building at the corner of Doon Valley Drive and Pinnacle Drive (Figures 6 — 11). There is variation in building type and built form, architectural styles, building height, colours materials, age of construction, lot sizes, and building setbacks on Pinnacle Drive and throughout the neighbourhood. The images on the following pages show the location of the subject lands (86 Pinnacle Dr) and surrounding lots, provide images of the existing house at 86 Pinnacle Dr, the original and updated development concepts, and an overview of the existing Pinnacle Drive streetscape and existing dwellings. Page 293 of 476 .�n°, �,.. 1Ill f f.m f �„ .. %f r o�yT If / J ,'J y / uf�. 5i; Ni7b � V Qu Figure 1 - Location Map (86 Pinnacle Drive) Page 294 of 476 �,.. e .. f ............ _..� ,t 1 k ( ^Ju ✓ / ' Ir a M � I r 1 1 VII � 1 1 y g p q I� ^ V f ff II II II �"' II qq 1 y f /M r �64kr5wfN 7; i u fl k rte. � va � ;,� f � IIII II�� IIqq eu'dU '70. �91i d�. D V�/ ✓�� V ✓ V A J a { i 4, kf W I .......... r / J ,'J y / uf�. 5i; Ni7b � V Qu Figure 1 - Location Map (86 Pinnacle Drive) Page 294 of 476 Figure 2 — Existing single detached dwellings 86 Pinnacle Drive (subject lands) and 98 Pinnacle Drive (December 21, 2023) 4 67YA Win 441 2YIE6 ,. �, . �� �L � ��_ J I H 4u V Lr 4z DSCAPED �FFER. SIDE YARD SETaA,;K- 4 57M,57m STONE ASIUMED ROAD WIDENING WINDOWWELLf — PROPERTYLINE — RETAININGWALL Figure 3- Original Development Concept (2019) 001 RETAINING J WA'L, 1 w. BEN MR EIDE WANEI SETBACK 75al Page 295 of 476 �9.P TOeE. Gk P PERTW LINE N83 `a05 0 W48 €Smo BI,DG S T BArK 3.0m SN(bWti ,Ji rizE., - smxa3e��r err M rlr .. A 6dp vG rt, WID + F ea'E `�'' Ate► h„ ttr WG BINS �+ / r 1 � r "%' /////%�r- ✓ �71�� N W D P�.�.co-i ns i///�� O ".,_.. ri'— /gill I ✓ I f /iO% /iii%% t l y . uiroz ao 4 /i �//0 , nd Ub viz lr a ti Owl 0 � �'.w//�/ r /��r° r �'� + , d�l SM/MlI � n ✓//�%l � ///, .... , 4 lawn F��/i,, 16 //// Wf' i,%i%u%%,%,,! Bt.nsn �N87 nC3"M%%�PkCPEP1Y LN 16 UNITS /i��/�/ SITE PIAN 22 CAR PARKING 1.401 Parking per Unit 4. LI MT Aw,,nl:a 8 OUTDOOR BICYCLES & 10 INDOOR, BICYCLE PARKING Figure 4 — Current Development Concept (2023) Figure 5 — Rendering of Current Development Concept (2023) Page 296 of 476 Figure 6 — Existing semi-detached dwellings at 70-80 Pinnacle Drive (January 4, 2024). Figure 7 — Existing single -detached dwellings at 71 — 83 Pinnacle Drive (January 4, 2024). Page 297 of 476 Figure 8 — Existing single detached dwellings at 95 — 103 Pinnacle Drive (January 4, 2024) Figure 9 — Existing cluster townhouse at 50 Pinnacle Drive (January 4, 2024). Page 298 of 476 Figure 10 — Existing cluster townhouses at 105 Pinnacle Drive (January 4, 2024). Figure 11 — existing commercial building at 110 Pinnacle Drive (January 4, 2024) Page 299 of 476 REPORT: A & F Greenfield Homes is proposing to develop 86 Pinnacle Drive with a 16 -unit low-rise multiple dwelling. Twenty-two (22) surface parking stalls are proposed together with 10 Class A and 8 Class B bike parking spaces, barrier free parking and electric vehicle charging. A private outdoor amenity space is provided at grade. The applicant is seeking a site-specific regulation to permit a minimum interior side yard setback of 2.5 metres rather than 3.0 metres and an increased minimum front yard setback of 6.5 metres rather than 4.5 metres. Table 1 below highlights the development concept statistics. Table 1. Proposed Development Concept Statistics To facilitate the proposed development a Zoning By-law Amendment has been requested. The lands are currently zoned `Residential Four Zone (R-4)' in Zoning By-law 85-1. The subject application would remove the subject lands from Zoning By-law 85-1 and bring the lands into the new Zoning By-law 2019-051. The lands are proposed to be rezoned `Low Rise Residential Five Zone (RES -5) with Site Specific Provision (386)'. Planning Analysis: Provincial, Regional, and City planning policy provide guidance that must be considered when evaluating changes in land use permissions as discussed below. Planning Act, R.S.O. 1990, c. P.13 25. Section 2 of the Planning Act establishes matters of provincial interest and states that the Minister, the council of a municipality, a local board, a planning board and the Tribunal, in carrying out their responsibilities under this Act, shall have regard to, among other matters, matters of provincial interest such as, d) The conservation of features of significant architectural, cultural, historical, archaeological or scientific interest; f) The adequate provision and efficient use of communication, transportation, sewage and water services and waste management systems; g) The minimization of waste; h) The orderly development of safe and healthy communities; Page 300 of 476 Development Concept Number of Units 16 dwelling units Parking Spaces 22 parking spaces (2 barrier free, 3 visitor) Total Building Height 3 storeys (10.75 metres) Class A Bicycle Parking (weather protected secured) 10 spaces Class B Bicycle Parking outdoor visitor 8 spaces Electric Vehicle Ready Parking Stalls 20% of parking spaces Floor Space Ratio 0.58 Unit Types 16 — two bedroom To facilitate the proposed development a Zoning By-law Amendment has been requested. The lands are currently zoned `Residential Four Zone (R-4)' in Zoning By-law 85-1. The subject application would remove the subject lands from Zoning By-law 85-1 and bring the lands into the new Zoning By-law 2019-051. The lands are proposed to be rezoned `Low Rise Residential Five Zone (RES -5) with Site Specific Provision (386)'. Planning Analysis: Provincial, Regional, and City planning policy provide guidance that must be considered when evaluating changes in land use permissions as discussed below. Planning Act, R.S.O. 1990, c. P.13 25. Section 2 of the Planning Act establishes matters of provincial interest and states that the Minister, the council of a municipality, a local board, a planning board and the Tribunal, in carrying out their responsibilities under this Act, shall have regard to, among other matters, matters of provincial interest such as, d) The conservation of features of significant architectural, cultural, historical, archaeological or scientific interest; f) The adequate provision and efficient use of communication, transportation, sewage and water services and waste management systems; g) The minimization of waste; h) The orderly development of safe and healthy communities; Page 300 of 476 j) The adequate provision of a full range of housing, including affordable housing; p) The appropriate location of growth and development; q) The promotion of development that is designed to be sustainable, to support public transit and to be oriented to pedestrians; r) The promotion of built form that, (i) Is well-designed, (ii) Encourages a sense of place, and (iii) Provides for public spaces that are of high quality, safe, accessible, attractive and vibrant; s) The mitigation of greenhouse gas emissions and adaptation to a changing climate. These matters of provincial interest are addressed and are implemented through the Provincial Policy Statement, 2020. The City's Official Plan is the most important vehicle for the implementation of the Provincial Policy Statement, 2020 and to ensure Provincial policy is adhered to. The Ministry of Municipal Affairs and Housing is proposing an integrated province -wide land use planning policy document, potentially replacing the Provincial Policy Statement and A Place to Grow: Growth Plan for the Greater Golden Horseshoe, with a singular Provincial Planning Statement (PPS) which is in draft form and not in effect at the time this report was prepared. Provincial Policy Statement, 2020 The Provincial Policy Statement (PPS) provides policy direction on matters of provincial interest related to land use planning and development. Section 3(5) of the Planning Act requires that a decision of the council of a municipality shall be consistent with the policy statements that are in effect on the date of decision and shall conform with the provincial plans that are in effect on that date, or shall not conflict with them, as the case may be. The PPS focuses growth and development within urban and rural settlement areas. Land use must be carefully managed to accommodate appropriate development to meet the full range of current and future needs, while achieving efficient development patterns and avoiding significant or sensitive resources and areas which may pose a risk to public health and safety. Efficient development patterns optimize the use of land, resources and public investment in infrastructure and public service facilities. These land use patterns promote a mix of housing, including affordable housing, employment, recreation, parks and open spaces, and transportation choices that increase the use of active transportation and transit before other modes of travel. Policy 1.1.1 of the PPS states that, "Healthy, liveable and safe communities are sustained by: a) promoting efficient development and land use patterns which sustain the financial well-being of the Province and municipalities over the long term; b) accommodating an appropriate affordable and market-based range and mix of residential types (including single -detached, additional residential units, multi -unit housing, affordable housing and housing for older persons), employment (including industrial and commercial), institutional (including places of worship, cemeteries Page 301 of 476 and long-term care homes), recreation, park and open space, and other uses to meet long-term needs; e) promoting 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; g) ensuring that necessary infrastructure and public service facilities are or will be available to meet current and projected needs; h) promoting development and land use patterns that conserve biodiversity; and i) preparing for the regional and local impacts of a changing climate." The PPS notes that settlement areas include urban areas and rural settlement areas, and include cities, towns, villages and hamlets, and policy 1.1.3.1 states that settlement areas shall be the focus of growth and development. Policy 1.1.3.2 states that land use patterns within settlement areas shall be based on densities and a mix of land uses which; a) efficiently use land and resources; b) are appropriate for, and efficiently use, the infrastructure and public service facilities which are planned or available and avoid the need for their unjustified and/or uneconomical expansion. e) support active transportation f) are transit supportive, where transit is planned, exists or may be developed. Policy 1.1.3.3 Planning authorities shall identify appropriate locations and promote opportunities for transit -supportive development, accommodating a significant supply and range of housing options through intensification and redevelopment where this can be accommodated taking into account existing building stock or areas, including brownfield sites, and the availability of suitable existing or planned infrastructure and public service facilities required to accommodate projected needs. Policy 1.1.3.4 identifies that appropriate development standards should be promoted which facilitate intensification, redevelopment and compact form, while avoiding or mitigating risks to public health and safety. Policy 1.4.3 promotes providing an appropriate range and mix of housing, supports all types of housing options and residential intensification (in accordance with 1.1.3.3), promotes densities for new housing that efficiently uses land, resources, infrastructure and public service facilities, which supports the use of active transportation and public transit, and supports development standards which minimize the cost of housing and which promotes compact form while maintaining public health and safety. Policies of section 2.6 speaks to protection of cultural heritage resources. The subject property has been evaluated and does not contain and is not adjacent to a significant built heritage resource or a cultural heritage landscape. Staff note that through the Lower Doon Land Use Study Implementation, Council adopted an Official Plan Amendment which created the Lower Doon Cultural Heritage Landscape (CHL). The subject property was considered as part of the work which established the CHL however was not included as part of it, and is not contiguous or adjacent to lands which were included in the new CHL. Page 302 of 476 The subject lands are identified on Map 2 of the Official Plan as being `Community Areas' and designated on Map 3 as `Low Rise Residential' which is considered a settlement area. The proposed development represents a compatible intensification of the subject lands. As is further discussed in the following sections of this report, planning staff is of the opinion that the proposed application will contribute to an appropriate mix of housing types within the context of the surrounding neighbourhood. The subject lands are within an existing neighbourhood with adequate servicing capacity, road network capacity, and other required infrastructure and therefore represents a cost-effective development pattern that minimizes land consumption and servicing costs. The property is served by existing public transit and has good access to an integrated cycling network including off-road trails, multi -use pathways and on -street cycling lanes. Based on the above, 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. The Growth Plan recognizes that many communities are facing issues of housing affordability, which are being driven primarily by sustained population growth and factors such as a lack of housing supply with record low vacancy rates. To address this challenge, polices of the Growth Plan provide direction to plan for a range and mix of housing options, including additional residential units, 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. The Growth Plan places strong emphasis on optimizing the use of the existing urban land supply and supports an intensification first approach to development and city -building, one which focuses on making better use of existing infrastructure and public service facilities, and less on continuously expanding the urban area. The Growth Plan requires that municipalities achieve minimum density requirements to meet growth forecasts. Planned growth is directed to settlement areas, and as outlined in section 2.2.1 c) to delineated built up areas, locations with existing or planning transit and public services facilities (such as police and fire protection, schools, community centres, parks, etc.). Specific density targets are provided by the Region of Waterloo. Housing Policies of section 2.2.6.1(a) states that municipalities will support housing choice through the achievement of the minimum intensification and targets in this plan by identifying a diverse range and mix of housing options and densities which shall be implemented through zoning by-laws. The proposed development will help to achieve intensification and density targets to achieve the Growth Plan population forecasts. The Growth Plan emphasizes the development of complete communities. Section 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; Page 303 of 476 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 g) integrate green infrastructure and appropriate low impact development. The proposed development represents residential intensification, which will contribute to a greater mix of housing types in the neighbourhood. The proposed zoning will support a housing option that will help make efficient use of existing urban lands, infrastructure, parks, roads, trails, and transit. Planning staff is of the opinion that the application conforms 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 within the Urban Area and designated Built - Up Area in the ROP. Through ROP Amendment 6 the Region has set a minimum target that 60% of new growth will occur within the delineated Built -Up Area. Policies 2.B.1.1 supports intensification within the Urban Area and delineated Built Up Area through gentle density and missing middle housing options. Policy 2.D.5 requires area municipalities to establish policies in their official plans and implementing zoning by-laws to permit missing middle housing on residential lots located within an Urban Area. Missing middle housing includes stacked townhouses, multi-plexes, apartments and other low-rise housing options. The Region acknowledges that while strategic growth areas (such as Major Transit Station Areas) will play the primary role in achieving the intensification targets, intensification will also occur more broadly within existing neighbourhoods through gentle density. The ROP envisions this transition to occur gradually over time as new opportunities arise for infill, redevelopment, additional residential units, new missing middle housing options, development of vacant and/or underutilized lots, and the expansion or conversion of existing buildings. Regional policies require the City 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. Regional staff have indicated that they have no objections to the proposed applications (Attachment `C'). Planning staff are of the opinion that the application conforms to the Regional Official Plan. Page 304 of 476 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. The applicant has applied to change the zoning of the subject lands from `Residential Four Zone (R-4)' in Zoning By-law 85-1 to `Low Rise Residential Five Zone (RES -5) (386)' in Zoning By-law 2019-051. The effect of the proposed Zoning By-law Amendment is to increase the range of permitted low-rise and low-density dwelling types on the subject lands in order to permit a multiple dwelling with 16 units in a stacked, back-to-back townhouse form, whereas the current zoning permits single and semi-detached dwelling types with up to 2 additional dwelling units. Complete Communi The vision articulated in the Official Plan is to build an innovative, vibrant, attractive, safe, complete and healthy community contributing to an exceptional quality of life. A complete community creates and provides access to a mix of land uses including, a full range and mix of housing. Planning for a complete community will aid in reducing the cost of infrastructure and servicing, encourage the use of public transit and active modes of transportation, promote social interaction, and foster a sense of community. The applicant is proposing to contribute to a complete community with a 16 -unit multiple dwelling. Urban Structure The subject lands are identified as `Community Areas' in the City's Urban Structure (Map 2). The planned function of Community Areas is to provide residential uses as well as non- residential supporting uses intended to serve the immediate residential areas. Policy 3.C.2.51 states that within areas identified as Community Areas on Map 2, the applicable land use designation may include Low Rise Residential, Medium Rise Residential, High Rise Residential, Open Space, Institutional and/or Major Infrastructure and Utilities. Limited intensification may be permitted within Community Areas in accordance with the applicable land use designation on Map 3 and the Urban Design Policies in Section 11. The proposed development must be sensitive to and compatible with the character, form and planned function of the surrounding context. The proposed development of 16 units represents an appropriate intensification of the subject lot, with a low-rise, low-density multiple dwelling. The proposed zoning is permitted by the Low Rise Residential land use designation, and the built form is compatible with surrounding low-rise land uses including single detached dwellings, semi-detached dwellings and cluster townhouse dwellings. Land Use Designation ation The subject lands are designated 'Low Rise Residential' in the City's Official Plan (Map 3). This designation and associated policies were not changed as a result of the Lower Doon Land Use Study. Low Rise Residential areas are intended to accommodate a full range of low density housing types including single detached, semi-detached, townhouse, and low- rise multiple dwellings. The Low Rise Residential designation states that the City will encourage and support the mixing and integrating of innovative and different forms of housing to achieve and maintain a low-rise built form. No buildings shall exceed 3 storeys or 11 metres in height. No Official Plan amendment is required to implement the proposed Page 305 of 476 Zoning By-law Amendment. Planning staff is of the opinion that the requested zoning by- law amendment will facilitate a housing form that conforms with the Low Rise Residential land use designation in the City's Official Plan. J1n07.ii 91;0MR , The City is committed to achieving a high standard of urban design, architecture and place -making to positively contribute to quality of life, environmental viability and economic vitality. Urban design is a vital component of city planning and goes beyond the visual and aesthetic character of individual buildings and also considers the functionality and compatibility of development as a means of strengthening complete communities. Urban Design Policies in Section 11 of the City's OP outline areas which should be considered. In the opinion of staff, the proposed zoning will facilitate a development that will meet the intent of these policies, specifically: Streetscape; Safety; Universal Design; Site Design; Building Design, and Massing and Scale Design. The Planning Justification and Urban Design Report (October 6, 2022) was prepared in support of the subject application and is supported by Urban Design staff. Streetscape — The proposed development concept includes a 3 -storey building that orients massing and unit entrances towards the street line along Pinnacle Drive. The building is staggered so that the setback is varied and follows the angle of the road. Through the review of the application, and in response to comments from residents, the front yard setback has been increased and a minimum of 6.5 metres is recommended. While there is significant variation in setbacks along Pinnacle Drive ranging from less than 1 metre to more than 20 metres, the building has been aligned to so that it is generally in keeping with the setback of other dwellings on the east side of Pinnacle Drive. Street fronting facades include front doors, porches, and Juliet balconies facing the street. Safety — As part of the site plan approval process, staff will ensure Crime Prevention Through Environmental Design (CPTED) principles are achieved and that the site meets the Ontario Building Code and the City's Emergency Services Policy. Universal Design — The development will be designed to comply with Accessibility for Ontarians with Disabilities Act and the Ontario Building Code. Site Design, Building Design, Massing and Scale — The proposed development is of a scale that is compatible with the existing built form of the surrounding neighbourhood. Staff note that compatible should not be interpreted to mean "the same as" or even as "being similar to". The fact that the proposed development is a low-rise multiple dwelling does not mean that it is not compatible with surrounding dwellings and land uses; it is a form of housing that will allow additional people to live in the community. The proposed low-rise building has a maximum height that complies with the Low Rise Residential designation which limits heights to 3 storey and 11 metres. Adverse shadow and wind impacts are not generally associated with low rise forms of development. The building addresses the street and parking is oriented away from the public realm, which allows for landscaping and walkway connections between the building and street improving the public realm and pedestrian connectivity. Through the site plan review process, landscaping, lighting and details of grading and stormwater management will be Page 306 of 476 addressed. Staff note that the proposed multiple dwelling with 16 units is subject to site plan control and a Development Agreement, whereas smaller multiple dwellings with 10 units or fewer are not subject to site plan control. Site Plan control provides an opportunity for staff to review and approve details of the site design, ensures that the development is built to plan, and through the registration of a development agreement ensures that the development is maintained in accordance with the site plan in perpetuity. In response to comments of neighbouring property owners, the developer has amended the building design to include traditional design features such as a pitched roof rather than a mansard roof or a contemporary flat roof which were contemplated in earlier designs. Windows and balconies have been designed to face the street or overlook the parking area, minimizing overlook to the side yard and rear yards of adjacent properties. Planning and Urban Design Staff have reviewed the proposed development concept and are of the opinion that the proposed low-rise low-density multiple dwelling is compatible with surrounding low-rise residential land uses and has been designed to be functional and safe. Transportation The City's Official Plan contains policies to develop, support, and maintain a complete, convenient, accessible, and integrated transportation system that incorporates active transportation, public transit, and accommodates vehicular traffic. The proposed development provides sufficient on-site parking in accordance with zoning by-law regulations. Sufficient parking, barrier free parking, bicycle parking and visitor parking can be accommodated to achieve by-law requirements. Staff note that parking is provided at the maximum rate of 1.4 spaces per unit permitted by the zoning by-law in order to accommodate as much parking on site as possible in order to respond to resident concerns. In regard to alternate modes of transportation, objectives of the Official Plan include promoting land use planning and development that is integrated and conducive to the efficient and effective operation of public transit and encourages increased ridership of the public transit system. The City shall promote and encourage walking and cycling as safe and convenient modes of transportation. The proposed development aims to increase density on an existing site that is served well by public transit, with access to Grand River Transit Route 10 on Pinnacle Drive, and several routes connecting at Conestoga College including I -Xpress Routes 201, 203 and local routes 16, 36, 57, 61, 76 and 100, providing convenient transit options for future residents. The surrounding area has a well established cycling network with a combination of off-road trails, multi -use pathways, and on -road cycling lanes. The proposed development concept includes provision of safe, secure, weather protected bicycle storage to support active transportation. Staff is of the opinion that the requested zoning by-law amendment conforms with the transportation policies of the City's Official Plan. Parkland The proposed development includes private outdoor amenity space for residents. The parkland dedication requirement for this submission will be assessed at the time of Site Plan Approval and will be subject to the Parkland Dedication Policy in effect. Page 307 of 476 Public Health and Safety Official Plan policies seek to minimize and mitigate land use conflicts between sensitive land uses and natural hazards, sources of noise and vibration, potential contamination, and aviation safety hazards. The subject lands are not impacted by a flooding hazard, have not been identified as requiring a Record of Site Condition, are not impacted by road or rail noise or vibration sources, and are not impacted by aviation safety hazards. Housing The City's primary objective with respect to housing in the Official Plan is to provide for an appropriate range, variety and mix of housing types and styles, densities, tenure and affordability to satisfy the varying housing needs of our community through all stages of life. This low rise multiple dwelling proposal is a "missing middle" housing type and provides an option that bridges the gap between high density residential towers and single detached dwellings. The proposed housing type is an important segment in Kitchener's housing continuum and the proposed development will further help to achieve the City's housing commitments to the Province. Policies 4.C.1.7, 4.C.1.8 and 4.C.1.9 permit the City to require a site plan, elevation drawings, and other submissions to support and demonstrate that a proposed development or redevelopment is compatible with the surrounding neighbourhood, that any site specific zoning regulations have been reviewed to ensure that regard is had to urban design policies, that adverse impacts are not created or are mitigated and that redevelopment respect existing character and is sensitive to neighbourhood context. The required plans have been submitted and staff is satisfied that the proposed development achieves a positive relationship to the street, is compatible with the surrounding built form and community character and that adverse impacts are minimized. The proposed reduction to the side yard setback from 3.0 metres to 2.5 metres is appropriate as is further discussed in the zoning by-law regulations. In accordance with Policy 4.C.1.12 the City favours a land use pattern which mixes and disperses a full range of housing types and styles both across the city as a whole and within neighbourhoods. Policies 4.C.1.13 and 4.C.1.22 encourage the provision of a range of housing types and styles that are compatible with surrounding land uses, which support the development of complete communities, are transit supportive, and which support varied tenures including rental housing, freehold ownership and condominium ownership as a means of increasing housing choice and diversity. The proposed development introduces a low-rise housing type into this area increasing housing choice and dwelling styles, in a form that is compatible with surrounding residential land uses and supports housing choice and diversity. Planning staff is of the opinion that the proposed zoning by-law amendment complies with housing policies of the Official Plan. Cultural Heritage Policies of the Official Plan seek to conserve cultural heritage resources. The property municipally addressed as 86 Pinnacle Drive was identified on the Heritage Kitchener Inventory of Historic Buildings and was re-evaluated in in 2014 as part of the Council Page 308 of 476 approved 4 -step listing process for the listing of non -designated property of cultural heritage value or interest on the City's Municipal Heritage Register. The re-evaluation was completed by an evaluation sub -committee, made up of members of Heritage Kitchener and Heritage Planning staff and concluded that the property did not merit listing as a non- designated property of cultural heritage value or interest, or meet the criteria for designation under Ontario Regulation 9/06. Through the Lower Doon Land Use Study Implementation, Council adopted policies which created the Lower Doon Cultural Heritage Landscape. The subject lands and Pinnacle Drive were included as part of the Lower Doon Cultural Heritage Landscape Study Area which recommended that Willow Lake Park and the upper section of Pinnacle Drive from the intersection of Amherst Drive to Old Mill Road met the criteria for a Cultural Heritage Landscape. The remainder of the subject lands and lower section of Pinnacle Drive did not meet the criteria to be included as part of the CHL. As this property has no heritage status and is not adjacent to the boundaries of the CHL, Heritage Planning staff have no concerns or issues with the proposed development. Policy Conclusion Planning staff are of the opinion that the proposed Zoning By-law Amendment Application is consistent with policies of the Provincial Policy Statement, conforms to the Growth Plan for the Greater Golden Horseshoe, the Regional Official Plan and the City of Kitchener Official Plan, and represents good planning. Proposed Zoning By-law Amendment: The subject lands are currently zoned `Residential Four Zone (R-4)' in Zoning By-law 85-1. The applicant has requested to change the zoning to `Low Rise Residential Five Zone (RES -5) with Site Specific Provision (386)' in Zoning By-law 2019-051. The requested change in zoning category is to permit the proposed use of "Multiple Dwelling". 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. The applicant has requested that a site-specific provision be added to the lands to permit a side yard setback of 2.5 metres rather than 3.0 metres for the southern lot line. The purpose of requiring a 3.0 metre side yard for multiple dwellings is to accommodate for possible building projections such as driveways, balconies, porches, walkways and exit stairs which are permitted within required side yards, in order to provide adequate space for access to rear yard areas and for maintenance purposes. The proposed building design proposes only limited windows in the internal side yards, and no balconies or doors in order to respond to concerns of overlook onto neighbouring homes and yards. A minimum side yard of 2.5 metres provides sufficient space for site functions including grading and landscaping. Balconies and openings are provided to the front and rear of the building, and the driveway is located north of the building. Staff is of the opinion that the proposed reduction to the side yard setback is appropriate. Page 309 of 476 Staff recommend that an additional regulation be implemented to require a minimum front yard setback of 6.5 metres rather than 4.5 metres, in keeping with the development concept. Setbacks along Pinnacle Drive are variable, and the proposed building provides for a staggered frontage with setbacks increasing from north to south along the front lot line. This is consistent with the established orientation of the neighbouring semi-detached dwellings. Staff note that the southern point of the building is setback about 13 metres from the street which is in keeping with the single detached dwelling to the south. Staff is of the opinion that the proposed `RES -5' zone is appropriate for the subject lands. The proposed low-rise, low-density development represents a built form that is compatible with surrounding low-rise residential land uses including single detached dwellings, semi- detached dwellings, and low-rise multiple dwellings (cluster townhouses). The proposed `RES -5' zone has recently been applied to lands in the surrounding area and the form of development permitted by the zone is appropriate in the context of the low-rise residential neighbourhood. As discussed in the context of Official Plan Policies, the proposed zoning and development achieve appropriate urban design and align with housing policies by helping facilitate additional housing units and modest intensification in a `missing middle' form. The lands are located on a transit route and in proximity to the Conestoga College Transit hub and are located in an area well served by cycling infrastructure. Proposed Zoning By-law Amendment Conclusions Staff is of the opinion that the proposed zoning by-law amendment to change the zoning from `Residential Four Zone (R-4)' in Zoning By-law 85-1 to `Low Rise Residential Five Zone (RES -5) with Site -Specific Provision (386)' in Zoning By-law 2019-051 represents good planning as it will facilitate the redevelopment of the lands with a missing middle housing form that is compatible with the existing neighbourhood, and increases the supply of housing. Staff are supportive of the proposed development and recommend that the proposed Zoning By-law amendment be approved as shown in Attachment 'A'. Department and Agency Comments: Preliminary circulation of the Zoning By-law Amendment Application was undertaken August 21, 2019 and recirculation of the updated proposal November 15, 2022 to applicable City departments and other review authorities. No major concerns were identified by any commenting City department or agency. Copies of the comments are found in Attachment `C' of this report. The following reports and studies were considered as part of this proposed Zoning By-law Amendment: • Planning Justification Report Prepared by IBI Group, February 27, 2019) • Planning Justification and Urban Design Report Prepared by IBI Group, October 6, 2022 • Parking Justification Report Prepared by IBI Group, February 27, 2019 • Functional Grading, Servicing and Stormwater Management Report Page 310 of 476 Prepared by IBI Group, April 22, 2019 (updated September 27, 2022) • Tree Preservation Plan Prepared by IBI Group, submitted April 2019 (updated October 3, 2022) • Site Plan Prepared by Marsh Katsios, (updated October 5, 2022 and March 9, 2023) • Building Elevations and Architectural Drawings Prepared by Marsh Katsios, (updated October 14, 2022 and March 9, 2023) Community Input and Staff Response: I i N 2019 Circulation (120 metres) 132 addresses 2022 Circulation (240 metres) 245 addresses (occupants and property owners) were circulated and notified 66 people/households/businesses provided written comments City -led Neighbourhood Meeting (September 10, 2019) - 31 participants signed in City -led Neighbourhood Meeting (January 10, 2023) 41 different users logged on Small Group On -Site Meeting (February 1, 2023) Staff received written responses from 66 residents/households/businesses with respect to the proposed development. These can be found in Attachment `D'. A summary of what we heard, and staff responses are noted below. What We Heard Staff Comment The proposed low-rise The applicant has updated the form of the development multiple form of housing is from an apartment style building to a stacked townhouse inconsistent with other in order to respond to resident concerns. While both are development in Lower Doon considered low-rise multiples, the stacked townhouse is and does not match the a ground -oriented form that is more consistent with the character or architectural cluster townhouse multiples on nearby sites. The design established in the proposed stacked townhouse complies with maximum neighbourhood. height regulations of Zoning By-law 2019-051 of 11.0 metres. This height represents a 0.5 metres increase from By-law 85-1 and was updated for all low-rise residential zones as part of the Comprehensive Review Page 311 of 476 Page 312 of 476 of the Zoning By-law to align with Official Plan policies. The units are designed to have front doors, porches and windows fronting the street. Urban Design staff observe that residential buildings in the surrounding area have a variety of architectural styles, colours and materials, rather than one consistent style (see Figures 6 - 10). Existing buildings consist of a mix of single -detached, semi-detached and cluster townhouses with a mix of heights, rooflines, setbacks, etc. The proposal is too dense The proposed development is a low-rise residential use, for the subject site. which is permitted in the Low Rise Residential land use designation in the Official Plan. The scale and massing are compatible with the surrounding neighbourhood and the development concept complies with the maximum floor space ratio of 0.6. The site comfortably accommodates the maximum amount of parking permitted by the zone, and also provides for a shared outdoor amenity space for residents. The proposed 2 - storey, 2 -bedroom units are approximately 100 m2 which is larger than many 2 bedroom dwelling units. The subject lot is one of the larger lots in the neighbourhood and represents an opportunity for a low- rise, low-density multiple development as proposed by the applicant. Council has approved RES -4 zoning for other lands previously zoned R-4 in the Lower Doon area which will limit opportunities to introduce additional housing types such as cluster townhouses and multiple dwellings. Concerns were identified The proposed building has been oriented so that that the development will balconies and most windows face either the street (public impact privacy of realm), or overlook the on-site amenity space and neighbours. parking area, with a substantial separation from rear yard neighbours. The original design oriented the building so that many units overlooked the side yard and the back yard of the neighbours, which was a concern. The building has also been updated to remove upper storey balconies from the front elevation to respond to concerns of neighbours across Pinnacle Drive. Concerns were raised The revised site design introduces a large onsite private regarding lack of green amenity space for residents. Detailed design will occur space and amenity space through the site plan approval process, however the onsite. space indicated on the concept site plan exceeds minimum space requirement of 72 m2 based on Page 312 of 476 Page 313 of 476 requirements of the Urban Design Manual. Trees located on the site will need to be removed, however the owner will be required to plant new trees as part of the landscaping plan required through the Site Plan and will be required to plant street -trees. Concerns that the proposed The City's Heritage planner has commented on this development will remove a development proposal and comments are summarized in heritage resource. the preceding section of this report. The existing house was previously identified on the Heritage Kitchener Inventory of Historic Buildings. The property was evaluated as part of the Council -approved 4 -step listing process for the listing of non -designated property of cultural heritage value or interest undertaken by a subcommittee of Heritage Kitchener members and staff. The evaluation concluded that the property did not merit listing on the City's Municipal Heritage Register. As such, the property municipally addressed as 86 Pinnacle Drive has no heritage status, and the existing building may be removed. Heritage was also a consideration of the Lower Doon Land Use Study. Through the study this property was not identified as a heritage resource, and this section of Pinnacle Dr was also not identified as having characteristics that would warrant further protection. There were however recommendations for a Cultural Heritage Landscape which was adopted through the recent Official Plan Amendment for Lower Doon Land Use Study Implementation. The subject lands are outside of the Cultural Heritage Landscape and no further consideration is required. Residents raised concerns From a design perspective it is strongly preferred to have about a parking lot being parking located behind buildings as this helps to improve located in the rear yard. the streetscape with buildings having pedestrian connections and porches address the street, rather than a front yard parking lot, or several large driveways with numerous cars as could be the case for a single - detached, semi-detached or street -fronting townhouse dwellings. With respect to site specific design of the parking lot, staff note that the lands are somewhat lower than surrounding properties, and the lot will be fenced, providing a visual barrier to help prevent neighbouring dwellings from headlight glare. Further, lighting is required to be designed to minimize light spilling onto neighbouring lands, and this is reviewed and approved Page 313 of 476 Page 314 of 476 as part of the Site Plan. A review of lighting is not available without site plan control. Concerns about lack of on- The proposed development does not require a reduction site parking. to parking, and in fact provides the maximum number of spaces permitted by Zoning By-law 2019-051 (1.4 parking spaces per dwelling unit) which includes visitor and Barrier Free Spaces. In accordance with the by-law, secure and weather protected bike parking area has been included and this will accommodate 10 bicycles, in addition to 8 standard outdoor bike spaces. Concerns with on -street Transportation Services have been made aware of the parking concerns regarding on -street parking and staff are investigating to determine if changes to street parking signage and/or bylaws are required. Concerns with visibility at Transportation Services have been made aware of the driveway entrance to concerns regarding visibility at the driveway entrance Pinnacle Drive and a more detailed review will be undertaken through the site plan process. Staff note that the large trees and bushes along the street edge will be removed as a result of the development and new landscaping will be installed which will be designed to protect visibility for vehicles exiting the site. Lack of Sidewalks on Staff heard several concerns from residents that Pinnacle Drive Pinnacle Drive does not currently have sidewalks, which is a concern for pedestrians and especially children walking to and waiting for school buses. A preliminary design for sidewalks for Pinnacle Drive, Doon Valley Drive and Amherst Drive was developed and circulated to the neighbourhood about 5 years ago. Work and funding were paused due to the pandemic in 2020. This area will be re-evaluated for funding in 2024. Concerns with student The proposed development is a form of multiple housing and nuisance residential housing that will help to address housing associated with student needs in the City. The City cannot restrict housing housing (noise, car doors, choices based on demographic characteristics or age. smoking) Nuisance is often a matter for by-law enforcement and residents are urged to contact by-law if there is an infraction with respect to matters such as excessive noise, cars being parked inappropriately, garbage being stored inappropriately etc. Page 314 of 476 The 16 unit development is subject to site plan control which means that the City can review, approve and enforce site related matters such as lighting, organization of parking, provision of suitable bicycle parking facilities, confirmation of how garbage will be handled, and provision of snow storage areas. These items are reviewed and approved in accordance with by-law and urban design manual standards, and the owner (and subsequent owners) are bound by a Development Agreement which requires the site be maintained in accordance with the approved plan. Planning Conclusions: In considering the foregoing, staff are supportive of the Zoning By-law Amendment Application. Staff is of the opinion that the subject application is consistent with policies of the Provincial Policy Statement, conforms to Growth Plan for the Greater Golden Horseshoe, the Regional Official Plan, and the City of Kitchener Official Plan and represents good planning. Staff recommends that the application be approved. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: • TNA • This report has been posted to the City's website with the agenda in advance of the Council / Committee meeting. • A standard City Issued notice sign was posted on the property in 2019. • Information regarding the application was posted to the City's website in 2021. • Preliminary notice letter and comment form was provided to property owners within 120 metres of the subject lands in May 2019 (and in accordance with standard circulation procedures at that time). • A postcard advising of an updated development proposal was circulated to all residents and property owners within 240 metres of the subject lands, and those responding to the preliminary circulation in December 2022. • A postcard advising of the Statutory Public Meeting was circulated to all residents and property owners within 240 metres of the subject lands, and those responding to the preliminary circulation in January 2024. • Notice of the Statutory Public Meeting was also placed in The Record on December 29, 2023 (a copy of the Notice may be found in Attachment `B'). Page 315 of 476 CONSULT — • Preliminary notice letter and comment form was provided to property owners within 120 metres (later expanded to 240 metres) of the subject lands in May 2019 (and in accordance with standard circulations procedure at that time). • An in person Neighbourhood Meeting was held September 10, 2019 and 31 individuals signed in. • A virtual Neighbourhood Meeting was held January 10, 2023 and 41 separate participants logged -on. • A small group neighbourhood meeting was held February 1, 2023 and included approximately 15 residents. • Staff received written correspondence including emails, comment forms and letters from 66 separate addresses representing individuals, households and businesses/organizations which are summarized as part of this staff report and attached in Attachment `D'. • Planning staff also had one-on-one conversations with residents on the telephone and responded to emails. PREVIOUS REPORTS/AUTHORITIES: • Planning Act, R.S.O. 1990, c. P.13 • Growth Plan, 2020 • Provincial Policy Statement, 2020 • Regional Official Plan • City of Kitchener Official Plan, 1994 • City of Kitchener Zoning By-law 85-1 • City of Kitchener Zoning By-law 2019-051 • DSD -2023-434 - Lower Doon Land Use Study Implementation REVIEWED BY: Tina Malone -Wright - Manager, Development Approvals, Planning Division APPROVED BY: Justin Readman, General Manager - Development Services ATTACHMENTS: Attachment A — Proposed By-law with Map 1 Attachment B — Newspaper Notice Attachment C — Staff and Agency Comments Attachment D — Neighbourhood Comments Attachment D1 — Community Comment Matrix Attachment D1 B — Community Comments (Handwritten) Attachment D2 — Letter Attachment D3A — Resident Letter 1 Pt 1 Attachment D313 — Resident Letter 1 Pt 2 (studies) Attachment D4 — Resident Letter 2 Attachment D5 — 2019 NIM Attendees Page 316 of 476 Attachment "A" — Proposed Zoning By-law Amendment PROPOSED BY — LAW , 2024 BY-LAW NUMBER OF THE CORPORATION OF THE CITY OF KITCHENER (Being a by-law to amend By-law 85-1, as amended, and By-law 2019-051, as amended, known as the Zoning By-laws for the City of Kitchener - A & F Greenfield Homes Ltd. and Rosu Developments Inc. — 86 Pinnacle Drive WHEREAS it is deemed expedient to amend By-law 85-1 and By-law 2019-051 for the lands specified above; follows: NOW THEREFORE the Council of the Corporation of the City of Kitchener enacts as Schedule Number 256 of Appendix "A" to By-law Number 85-1 is hereby amended by removing therefrom the lands specified and illustrated as Area 1 on Map No. 1 attached hereto. 2. Schedule Number 256 of Appendix "A" to By-law Number 85-1 is hereby further amended by removing the zone boundaries as shown on Map No. 1 attached hereto. 3. Zoning Grid Schedule Number 256 of Appendix "A" to By-law Number 2019-051 is hereby amended by adding thereto the lands specified and illustrated as Area 1 on Map No. 1 attached hereto, and by zoning the lands specified and illustrated as Area 1 thereafter as Low -Rise Residential Five Zone (RES -5) with Site Specific Provision (386). 4. Zoning Grid Schedule Number 256 of Appendix "A" to By-law Number 2019-051 is hereby further amended by incorporating additional zone boundaries as shown on Map No. 1 attached hereto. 5. Section 19 of By-law 2019-051 is hereby amended by adding Section 19 (386) thereto as follows: "(386). Notwithstanding Table 7-6 of this By-law within the lands zoned RES -5 and shown as affected by this subsection on Zoning Grid Schedule Number 256 of Appendix `A', the following special regulations shall apply: Page 317 of 476 2024. Attachment "A" — Proposed Zoning By-law Amendment a) the minimum interior side yard setback shall be 2.5 metres; b) the minimum front yard setback shall be 6.5 metres." PASSED at the Council Chambers in the City of Kitchener this day of Mayor Clerk Page 318 of 476 p a Z i3Z O a Q WYl 6�', w Z Q J m e W LL N Z co O Z o ON Q rn �rn pm O N W N n N W N Z 2 Q m Z W CO W Z Q z w Z} p Q w Q N Q00 LL O O p Z Z ILL, Z Q 0 _ � w Y 00 �; Qj Appendix B — Newspaper Notice NOTICE OF PUBLIC MEETING for a development in your neighbourhood 86 Pinnacle Dr,ive Have Your Voice Heard! Planning& Strategic Initiatives Committee Concept Drawing Date: Januiary 22, 2024 Location: Council Chambers, Kitchener Clty Hall 200 in g, Street West, arVirtual Zoom Meeting Go to kitchienerca/meetings and select 6, Current agendas arid reports (posted 10 days befbre meetho Appear as a delegation 0 Watch a tweeting To liecirn n~ ore about this project, includhg inforrnation on your appeal rip ,lhts, visit. www.kitchener.ca/ PlanningApplications or contact: Katie And�ert, Project Manager Si k, (J JI[IdC(',`, ri i t katie.a ndert( )kitchener.ca S19.741.2200, x7987 rhe City of Kitchener will consider a site specific application to aimencl,ZoNng By-law 85-1 and 2019-051 for the property located at 86 Pinnacle Drive rhe su�b,Ject lands were not included in the Lower Doon, Land Use Study lmpiernentation and are proceeding separately. The applicant is proposing to develop the proper ty with a 1 6 -unit, back-to-back stacked townhouse. "The applicant is proposing to change Vile zoning from RA zone in ZoNng By-law 85-1 to RES -5 zone with Site Specific Provision 386 in Zoning By-law 2019-OS1 to, permilit the, proposed low-rise multliple dweiiing. Page 320 of 476 Katie Anderl From: Mike Seiling Sent: Wednesday, November 16, 2022 4:06 PM To: Katie Anderl Subject: FW: Circulation for Comment - 86 Pinnacle Drive (ZBA - Recirculation) Attachments: Department & Agency Recirc Letter (Nov 2022).pdf; ZBA1 9003 PKA.pdf Building; no concerns From: Christine Kompter <Christine.Kompter@kitchener.ca> Sent: Wednesday, November 16, 2022 3:46 PM To: Rojan Mohammadi <Rojan.Mohammadi@kitchener.ca>; Carrie Musselman <Carrie.Musselman@kitchener.ca>; Deeksha Choudhry <Deeksha.Choudhry@kitchener.ca>; Dave Seller <Dave.Seller@kitchener.ca>; Katie Wood <Katie.Wood@kitchener.ca>; Region - Shilling Yip <syip@regionofwaterloo.ca>; _DL _#_ DSD _Planning <DSD- PlanningDivision@kitchener.ca>; Bell - c/o WSP <circulations@wsp.com>; Carlos Reyes <Carlos.Reyes@kitchener.ca>; Darren Kropf <Darren.Kropf@kitchener.ca>; Dave Seller <Dave.Seller@kitchen er.ca>; David Paetz <David.Paetz@kitchener.ca>; Ellen Straus <EIIen.Straus@kitchener.ca>; Enova Power Corp. - Greig Cameron <greig.cameron@enovapower.com>; Enova Power Corp. - Shaun Wang <shaun.wang@enovapower.com>; Feds <vped@feds.ca>; GRCA - Planning (planning@grandriver.ca) <planning@grandriver.ca>; Greg Reitzel <Greg.Reitzel@kitchener.ca>; Hydro One - Dennis DeRango <landuseplanning@hydroone.com>; Jim Edmondson <Jim.Edmondson@kitchener.ca>; Justin Readman <Justin.Readman@kitchener.ca>; Katherine Hughes <Katherine.Hughes@kitchener.ca>; Mike Seiling <Mike.Seiling@kitchener.ca>; Ontario Power Generation <Executivevp.lawanddevelopment@opg.com>; Park Planning (SM) <Park.Planning@kitchener.ca>; Region - Planning <PlanningApplications@regionofwaterloo.ca>; Property Data Administrator (SM) <PropDataAdmin@kitchener.ca>; Robert Morgan <Robert.Morgan@kitchener.ca>; Steven Ryder <Steven.Ryder@kitchener.ca>; Sylvie Eastman <Sylvie.Eastman@kitchener.ca>; WCDSB - Planning <planning@wcdsb.ca>; WRDSB - Board Secretary (elaine_burns@wrdsb.ca) <elaine_burns@wrdsb.ca>; WRDSB - Planning <planning@wrdsb.ca> Cc: Katie Anderl <Katie.Anderl@kitchener.ca> Subject: Circulation for Comment - 86 Pinnacle Drive (ZBA - Recirculation) Please see attached — additional documents can be found in :S_gre_I"ille.. Comments or questions should be directed to Katie Anderl, Senior Planner (copied on this email). Christine Kompter Administrative Assistant Planning Division I City of Kitchener 200 King Street West, 6th Floor I P.O. Box 1118 Kitchener ON N2G 4G7 519-741-2200 ext. 7425 TTY 1-866-969-9994 christine.kompter@kitchener.ca Page 321 of 476 Katie Anderl From: Katie Wood Sent: Thursday, November 17, 2022 12:04 PM To: Katie Anderl Subject: FW: Circulation for Comment - 86 Pinnacle Drive (ZBA - Recirculation) Attachments: Department & Agency Recirc Letter (Nov 2022).pdf; ZBA1 9003 PKA.pdf Hey Katie, I checked the sanitary flows and they are the same as previously accepted. I have also confirmed with KU that the water distribution is satisfactory. Engineering has not concerns with the zone change proposed. Sincerely, Project Managerl Development Engineering 1 City of Kitchener 519-741-2200 ext. 7135 1 TTY 1-866-969-9994 1 .Ikatli.e.::_w.Q..Qd..@_1 :il.c.lhe.IrJ_ .r,,..a. t From: Christine Kompter <Christine.l<ompter@kitchener.ca> Sent: Wednesday, November 16, 2022 3:46 PM To: Rojan Mohammadi <Rojan.Mohammadi@kitchener.ca>; Carrie Musselman <Carrie.Musselman@kitchener.ca>; Deeksha Choudhry <Deeksha.Choudhry@kitchener.ca>; Dave Seller <Dave.Seller@kitchener.ca>; Katie Wood <Katie.Wood@kitchener.ca>; Region - Shilling Yip <syip@regionofwaterloo.ca>; _DL _#_ DSD _Planning <DSD- PlanningDivision@kitchener.ca>; Bell - c/o WSP <circulations@wsp.com>; Carlos Reyes <Carlos.Reyes@kitchener.ca>; Darren Kropf <Darren.Kropf@kitchener.ca>; Dave Seller <Dave.Seller@kitchen er.ca>; David Paetz <David.Paetz@kitchener.ca>; Ellen Straus <EIIen.Straus@kitchener.ca>; Enova Power Corp. - Greig Cameron <greig.cameron@enovapower.com>; Enova Power Corp. - Shaun Wang <shaun.wang@enovapower.com>; Feds <vped@feds.ca>; GRCA - Planning (planning@grandriver.ca) <planning@grandriver.ca>; Greg Reitzel <Greg.Reitzel@kitchener.ca>; Hydro One - Dennis DeRango <landuseplanning@hydroone.com>; Jim Edmondson <Jim.Edmondson@kitchener.ca>; Justin Readman <Justin.Readman@kitchener.ca>; Katherine Hughes <Katherine.Hughes@kitchener.ca>; Mike Seiling <Mike.Seiling@kitchener.ca>; Ontario Power Generation <Executivevp.lawanddevelopment@opg.com>; Park Planning (SM) <Park.Planning@kitchener.ca>; Region - Planning <PlanningApplications@regionofwaterloo.ca>; Property Data Administrator (SM) <PropDataAdmin@kitchener.ca>; Robert Morgan <Robert.Morgan@kitchener.ca>; Steven Ryder <Steven.Ryder@kitchener.ca>; Sylvie Eastman <Sylvie.Eastman@kitchener.ca>; WCDSB - Planning <planning@wcdsb.ca>; WRDSB - Board Secretary (elaine_burns@wrdsb.ca) <elaine_burns@wrdsb.ca>; WRDSB - Planning <planning@wrdsb.ca> Cc: Katie Anderl <Katie.Anderl@kitchener.ca> Subject: Circulation for Comment - 86 Pinnacle Drive (ZBA - Recirculation) Please see attached — additional documents can be found in _hlgre_IF i.Ile.. Comments or questions should be directed to Katie Anderl, Senior Planner (copied on this email). Page 322 of 476 Christine Kompter Administrative Assistant I Planning Division I City of Kitchener 200 King Street West, 6t" Floor I P.O. Box 1118 Kitchener ON N2G 4G7 519-741-2200 ext. 7425 1 TTY 1-866-969-9994 christine.kompter@kitchener.ca Page 323 of 476 From: Katie Pietrzak Sent: Monday, May 27, 2019 4:08 PM To: Katie Anderl Subject: 86 Pinnacle Drive Hey Katie In response to the Zone Change Application ZBA19/003/P/KA Engineering has the following comments: 1. The water distribution was accepted by Kitchener Utilities. 2. The sanitary flows are so minimal (less than 2 L/s) that there is no capacity issues proposed within the sanitary sewers. Engineering has no concerns with less than 2L/s coming from the proposed property. Please note that this is for zone change comments only and not for the site plan and SWM comments. That will be done through the site plan process. If you have any questions feel free to contact me. Sincerely, Project Manager) Development Engineering I City of Kitchener 519-741-2200 ext. 7135 1 TTY 1-866-969-9994 1 katie.pietrzak(a)kitchener.ca a�Yn1� .......�����,,,� 1„fISYO F➢FfY$i�� Wwwrww.ww.wx�✓aA� �O//� Page 324 of 476 City of Kitchener COMMENT FORM Project Address: 86 Pinnacle Drive Application Type: Zoning By-law Amendment ZBA/19/003/P/KA Comments of: Environmental Planning — City of Kitchener Commenter's Name: Carrie Musselman Email: carrie.musselman@kitchener.ca Phone: 519-741-2200 X 7068 Date of Comments: November 29, 2022 Comments required no later than: December 9, 2022 1. Plans, Studies and Reports submitted as part of a complete Planning Act Application: • Functional Grading, Servicing and Stormwater Report, 86 Pinnacle Drive, City of Kitchener, IBI Group. dated September 27, 2022. • Tree Preservation Plan (Sheet L-1 and L-2), IBI Group, dated 2022-10-05. • 86 Pinnacle Drive, Kitchener Planning Justification and Urban Design Report. IBI Group, dated October 6, 2022. 2. Site Specific Comments & Issues: I have reviewed the studies as noted above submitted in support of a zoning bylaw amendment [Residential Four Zone (R-4) to Residential Six Zone (R-6)] to permit a multiple residential development at 86 Pinnacle Drive. • The original application proposed a 2 -storey apartment style multiple dwelling containing 16 dwelling units. The applicant has amended their proposal to include 16 unit stacked, back-to- back townhouse development (multiple dwelling). Tree Preservation / Natural Heritage • There are no natural heritage features or functions of local, Regional, Provincial, or national significance on, or adjacent to the subject property. • As several trees are on the property, a Tree Preservation Plan was required to be submitted as part of a complete application to support the associated Zoning By-law Amendment (ZBA19/003/P/KA). I completed a review of the Tree Preservation Plan (TPP) (Sheet L-1 and Sheet L-2) that was prepared by IBI Group dated 03/2019 received April 24, 2019, and noted: o The TPP inventoried 38 trees on or near the subject property, 33 trees were recommended to be removed to accommodate the proposed development and associated grading. o Of the 33 trees to be removed only 8 were evaluated to be in good condition. o Three trees to be retained are located along the edge of the property boundary and will be protected during grading/construction. If possible, the design should be amended so that the landscaped buffer around Trees 3, 4, 5 and 6 all weeping Norway spruce in good condition be enlarged so that they can be retained. o Tree ID 19 and Tree ID 35 are in joint ownership and/or near the subject property. The removal of any trees on the property line or offsite will require the permission of the property owner. A City for Everyone Working Together — Growing Thoughtfully — Building Community Page 325 of 476 Based on my review of the supporting studies the Zoning By Law Amendment can be supported. At the time of the site plan application tree retention may be further evaluated. 3. Policies, Standards and Resources: • As per Section 8.C.2 — Urban Forests of the Official Plan ... o policy 8.C.2.16., the City requires the preparation and submission of a tree management plan in accordance with the City's Tree Management Policy (available on the City's Website), as a condition of a development application. o policy 8.C.2.6., the City will incorporate existing and/or new trees into the streetscape or road rights-of-way and encourage new development or redevelopment to incorporate, protect and conserve existing healthy trees and woodlands in accordance with the Urban Design Policies in Section 13 (Landscape and Natural Features) of the Urban Design Manual and the Development Manual. 4. Anticipated Fees: • N/A A City for Everyone Working Together — Growing Thoughtfully — Building Community Page 326 of 476 C Grand River Conservation Authority Resource Management Division Andrew Herreman, Resource Planning Technician 400 Clyde Road, P.O. Box 729 Cambridge, Ontario N 1 R 5W6 Phone: (519) 621-2761 ext. 2228 Fax: (519) 621-4945 E-mail: aherreman@grandriver.ca DATE: June 3, 2019 YOUR FILE: ZBA19/003/P/KA GRCA FILE: ZBA19-003-P-KA RE: Zoning By-law Amendment ZBA19/003/P/KA 86 Pinnacle Drive, City of Kitchener A & F Greenfield Homes Ltd. GRCA COMMENT*: We received a request for comments on a pre -submission application regarding 86 Pinnacle Drive. Please be advised that the subject lands do not contain features regulated by the GRCA. Therefore, we will not participate in the review of this application. We trust the City will ensure appropriate stormwater management measures are implemented where applicable. We trust this information is of assistance. If you have any questions, or require additional information, please contact the undersigned. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority * These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Grand River Conservation Authority. Page 1 of 1 Page 327 of 476 Katie Anderl From: VictohaGmhn Sent: Wednesday, ]uh17,20199:48AN To: KatieAnded Subject: RE: ZBA19/UO3/P/KA 86Pinnacle Drive Further to my email below, the property municipally addressed as 86 Pinnacle Drive was previously identified on the Heritage Kitchener Inventory of Historic Buildings. The property was re-evaluated as part of the Council - approved 4 -step listing process for the listing of non -designated property of cultural heritage value or interest on the City's Municipal Heritage Register. The evaluation concluded that the property did not merit listing. As such, the property municipally addressed as 86 Pinnacle Drive has no heritage status. Victoria Gwmhm Heritage Planner | Planning Division | City of Kitchener 519-741-22OOext. 7839|TTY 1-866-909-9994| From: Victoria Grohn Sent: Friday, June 7,2O194:0JPM To: Katie Anded<Kate,4nded@kitchenecca> Subject: ZBA19/003/P/KA - 86 Pinnacle Drive Hi Katie, Please see the attached comment form. Victoria VictsrimGmmhm Heritage Planner | Planning Division | City ofKitchener Page 328 of 476 DepartmentIftencly Comment Form Zoning By-law Amendment ZBA1 Address: 86 Pinnacle Drive Owner: /4&FGreenfield Homes Limited If you have NO concerns or comments, please complete and return. Departme /Agency Illy ­ Name (Print) U'Ll"10111"k - Signature of Representative Please direct at] correspondence to: Katie Andert, Senior Planner Phone: S19-74l'22UOx79O7 Email: katie.anderl@kitchener.ca Fax: 519-741-2624 Mail: City Hall 200King Street West, GmFloor, POBox 111D Kitchener, ON N2G 4G7 Page 329 of 476 City of Kitchener Heritage — OPA/ZBA Comment Form Project Address: 86 Pinnacle Drive File Number: ZBA19/003/P/KA Comments Of: Heritage Planning Commenter's Name: Deeksha Choudhry Email: deeksha.choudhry@kitchener.ca Phone: 519-741-2200 ext. 7291 Date of Comments: December 1, 2022 Heritage Planning staff has reviewed the following material for the proposed development on the lands municipally addressed as 86 Pinnacle Drive to provide the comments outlined below: • Concept Plan for the proposed development at 86 Pinnacle Drive; • Updated Planning Justification Report and Urban Design Report; • Proposed Site Plan for the proposed development at 86 Pinnacle Drive 1. Site Specific Comments: The subject property municipally addressed as 86 Pinnacle Drive has no heritage status. The property municipally addressed as 86 Pinnacle Drive was previously identified on the Heritage Kitchener Inventory of Historic Buildings. The property was then re-evaluated as part of the Council approved 4 - step listing process for the listing of non -designated property of cultural heritage value or interest on the City's Municipal Heritage Register. The evaluation concluded that the property did not merit listing. 2. Heritage Planning Comments As this property has no heritage status, Heritage Planning staff have no concerns or issues with the proposed development. A City for Everyone Working Together — Growing Thoughtfully — Building Community Page 330 of 476 City of Kitchener Zone Change / Official Plan Amendment Comment Form Address: 86 Pinnacle Dr Owner: A&F Greenfield Homes Limited Application: Zoning Bylaw Amendment ZBA19/003/P/KA recirculation Comments Of: Parks and Cemeteries Commenter's Name: Lenore Ross Email: Lenore. ross@kitchener.ca Phone: 519-741-2200 ext 7427 Date of Comments: Dec 12 2022 ❑ I plan to attend the meeting (questions/concerns/comments for discussion) Z No meeting to be held ❑ I do NOT plan to attend the meeting (no concerns) 1. Documents Reviewed: I have reviewed the documentation noted below submitted in support of a Zoning Bylaw Amendment to change from R-4 zone to R-6 zone to permit multiple dwelling (stacked townhouse); permit a parking ratio of 1.375 spaces per unit (whereas the original proposal proposed a ratio of 1.25 spaces per unit). By-law 85-1 currently requires 1.75 spaces per units. Applicant Cover letter_ IBI Group dated Oct 06 2022 Planning Justification and Urban Design Report — IBI Group dated Oct 06 2022 Conceptual Site Plan — Marsh Katsios Site Plan rev #12 dated Oct 05 2022 Conceptual Floor Plans and Elevations - Marsh Katsios A2 rev #10 dated Oct 14 2022 and A3 -A10 rev #9 dated Aug 04 2022 Tree Management Plan — IBI Group rev#1 dated Oct 05 2022 2. Site Specific Comments & Issues: Parks and Cemeteries has no significant concerns with the proposed Zoning Bylaw amendment and has no objection to the application. The parkland dedication requirement will be deferred at the Zoning By-law Amendment application and assessed at a future Site Plan Application. Parkland dedication will be assessed based on the land use class(es) and density approved through the ZBA and required as a condition of Site Plan Approval. Parkland dedication will be taken as cash -in -lieu of land. There are no existing street trees that will be impacted by the proposed development and the requirement for new street trees will be assessed at the site plan application. 3. Comments on Submitted Documents No comments or concerns A City for Everyone Working Together — Growing Thoughtfully — Building Community IB`of 476 City of Kitchener Zone Change / Official Plan Amendment Comment Form 4. Policies, Standards and Resources: • Kitchener Official Plan Policy • 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 S. Anticipated Fees: Parkland Dedication The parkland dedication requirement for this submission is deferred and will be assessed at a future Site Plan Application. Parkland dedication will be assessed based on the land use class(es) and density approved through the ZBA and required as a condition of Site Plan Approval Parkland dedication is required for the application as cash -in -lieu of land according to Bylaw 2022-101 Dedication requirements are subject to the Parkland Dedication Policy and rates in effect. Please be advised that an updated Parkland Dedication Policy and By-law were approved by City of Kitchener Council on August 22 2022. This update includes but is not limited to changes to the classes of lands requiring Parkland Dedication, standard land assessment values for determining Parkland Dedication, Parkland Dedication exemption categories and transition provisions for in -progress applications. The Bylaw is under appeal. Further changes to the Bylaw may be required as a result of the Bill 23 — More Homes Built Faster Act. A City for Everyone Working Together — Growing Thoughtfully — Building Community �`of 476 Department A enc comment Form Zoning By -Paw Amendment ZBA19/003/P/KA Address: 86 Pinnacle Drive Owner: A & F Greenfield Homes Limited If you have NO concerns or comments, please complete and return. Department/Agency Name (Print) M3wM, �M*F"" �w�",ub a"w .� _.. .i�% � �e'�° �n W �r� � ✓��G�,e ,P :d' Si n "ure of Trepresentative Date Please direct all correspondence to: Katie Anderl, Senior Planner Phone: 519-741-2200 x7987 Email: katie.anderl@kitchener.ca Fax: 519-741-2624 Mail: City Hall 200 King Street West, 6th,Floor, PO Box 1118 Kitchener, ON N2G 4G7 Page 333 of 476 Katie Anderl Senior Planner City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 Dear Ms. Anderl, PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES Community Planning 150 Frederick Street 8th Floor Kitchener Ontario N2G 4J3 Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4466 www.regionofwaterloo.ca Carolyn Crozier 575-4757 ext. 3657 File: C14-60/2/19003 June 10, 2019 Re: Proposed Zoning By -Law Amendment ZBA19/003/P/KA 86 Pinnacle Drive A & F Greenfield Homes Limited CITY OF KITCHENER Regional staff has completed its circulation of the above -noted proposed Zoning By-law Amendment and provide the following comments for your consideration. The applicant is proposing a Zoning By -Law Amendment to change the existing zoning from Residential (R4) to Residential (R6) to permit a low rise multiple dwelling, and to allow for a reduced parking ratio. The subject lands are designated Low Density Residential in the City of Kitchener Official Plan and Built -Up Area within the Region of Waterloo Official Plan. Community Planning Water Services Water Services staff have reviewed the Functional Grading, Servicing and Stormwater Management Report prepared by IBI Group dated April 22, 2019 and provide the following comments: Document Number: 3027520 Page 334 of 476 The applicant has not identified the use of an individual pressure reducing device. The applicant is advised that the subject property is located in Kitchener Zone 2 (W) with a static hydraulic grade line of 361 mASL. Any development with a finished road elevation below 304.8 mASL will require individual pressure reducing devices on each water service in accordance with Section B.2.4.7 of the Design Guidelines and Supplemental Specifications for Municipal Services for January 2019. Archeology and Cultural Heritage The property at 86 Pinnacle Drive contains a historic structure (house built circa 1883). The structure is not protected by any heritage status. Regional Cultural Heritage staff will not be requesting the submission of an archaeological assessment in support of the proposed development application. The applicant is advised that if archaeological resources are discovered during future development or site alteration of the subject property, the applicant will need to immediately cease alteration/development and contact the Ministry of Tourism, Culture and Sport. If it is determined that additional investigation and reporting of the archaeological resources is needed, a licensed archaeologist will be required to conduct this field work in compliance with S. 48(a) of the Ontario Heritage Act. If human remains/or a grave site is discovered during development or site alteration of the subject property, the applicant will need to immediately cease alteration and must contact the proper authorities (police or coroner) and the Registrar at the Bereavement Authority of Ontario in Compliance with the Funeral, Burial and Cremation Services Act, 2002 S. 96 and associated Regulations. Corridor Planning No concerns. Fees The Regional acknowledges receipt of the required Zone Change application fee. Summary In summary, Regional Staff has no objection to approval of the proposed Zone Change Application. General Comments Any future development on the lands subject to the above -noted application(s) will be subject to the provisions of Regional Development Charge By-law 14-046 or any successor thereof. Document Number: 2750528 Page 335 of 476 Should you have any questions, please do not hesitate to contact the undersigned. Yours truly, Carolyn Crozie M.Sc.PI, MCIP, RPP Principal Planner Document Number: 2750528 Page 336 of 476 Katie Anderl, MCIP, RPP Senior Planner City of Kitchener 200 King Street West, 6t" Floor P.O. Box 1118, Kitchener, ON N2G 4G7 Dear Ms. Anderl, PLANNING, DEVELOPMENT AND LEGISLATIVE SEPVICES Community Planning 150 Frederick Street 8th Floor Kitchener Ontario N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4466 www.regionofwaterloo.ca File: C14-60/2/19003 December 8, 2022 Re: Proposed Zoning By -Law Amendment ZBA 19/03 86 Pinnacle Drive IBI Group on behalf of A & F Greenfield Home Limited CITY OF KITCHENER The applicant is proposing to amend the Zoning By-law from Residential Four Zone (R4) to Residential Six Zone (R6) to construct a three (3) storey, 16 unit, back-to-back townhouse (multiple dwelling) development. A special provision to permit a parking ratio of 1.375 spaces per unit is also proposed whereas 1.75 spaces per unit is currently required. The property currently contains a single detached dwelling. Regional staff has reviewed the proposed application and offer the following comments for the City's consideration: Consistency with Provincial Legislation and Regional Official Plan Conformity The Provincial Policy Statement, 2020 (PPS) promotes building strong, heathy communities by encouraging the development of liveabe and resilient neighbourhoods that protect the environment, public health and safety of Ontarians. Settlement areas are intended to accommodate the majority of growth within the province and provide a range of housing types that efficiently use land and resources. In addition, the Growth Plan for the Greater Golden Horseshoe (Growth Plan) provides growth targets for each municipality to achieve regarding residents and jobs per hectare. The proposed application is consistent with the intent of the PPS and the Growth Plan. Page 337 of 476 Regional Official Plan The subject lands are designated "Urban Area" and "Built -Up Area" on Schedule 3 of the Regional Official Plan (ROP). Permitted uses of the Urban Area and Built -Up Area in the ROP include a mix of housing uses including, but not limited to supportive and affordable housing options. The Region directs the majority of intensification to the Urban Growth Areas and Major Transit Station Areas. Policy 2.D.1 provides general development policies for Urban Areas and requires that the proposed application contribute to the creation of a complete community through development patterns, densities and a mix of land uses that support walking, cycling and use of transit as well as protects the natural environment and respects the scale, physical character and context of established neighbourhoods. In ROP Chapter 3, the Region encourages Area Municipalities to provide a range of housing in terms of form, tenure, density and affordability to support the various physical, social, economic and personal support needs of current and future residents in neighbourhoods where health, safety, servicing and other reasonable standards or criteria can be met. Regional Official Plan Amendment 6 On August 18th, 2022, the Regional Municipality of Waterloo adopted ROP Amendment number 6 (ROPA 6), which will come into force and effect upon approval by the Minister of Municipal Affairs and Housing. Key objectives contained within the amendment include a new approach to accommodate the forecasted growth within 15 -minute neighbourhoods, which are compact, well-connected places where the everyday needs of residents for goods, services and employment can be met. A well-designed 15 -minute neighbourhood will contain a mix of land uses that provide for a variety of incomes and household sizes. The development densities will support a range of services and high quality public spaces. These policies also apply to designated greenfield areas to ensure that new neighbourhoods enable people reduce dependence on vehicle trips and are places that prioritize walking, cycling and transit. Population and employment forecasts anticipate 409,200 people and 170,500 jobs within the City of Kitchener by 2051. Over 60 percent of new residential growth within the Region is anticipated to occur within delineated built-up areas. The Region and area municipalities will collaborate to develop and adopt a strategy to meet or exceed the minimum targets set out in policy 2.F.2. The minimum intensification target set out for Kitchener is 60 percent or approximately an additional 31,660 units between 2022 and 2051. Additionally, a minimum target of 30 percent of new ownership and rental housing is to be affordable and accommodate a variety of housing options to address the needs of 2 Page 338 of 476 range of income and household incomes, sizes and ages. The Region will promote the inclusion of additional built forms including duplexes, triplexes, four-plexes, multiple dwellings and apartments. The proposed application is consistent with ROP policies regarding urban areas. Housing Comments The following Regional policies and initiatives support the development and maintenance of affordable housing: • Regional Strategic Plan o Objective 4.2 requires the Region to make affordable housing more available to individuals and families. • 10 -Year Housing and Homelessness Plan o contains an affordable housing target which is that 30% of all new residential development between 2019 and 2041 in Waterloo Region is to be affordable to low and moderate income households. • Building Better Futures Framework o shows how the Region plans to create 2,500 units of housing affordable to people with low to moderate incomes by 2025. The Region supports the provision of a full range of housing options, including affordable housing. Rent levels and house prices that are considered affordable according to the Regional Official Plan are provided below in the section on affordability. Staff recommend that the applicant consider providing a number of affordable housing units on the site, as defined in the Regional Official Plan, if the Zoning By-law amendment is approved. In order for affordable housing to fulfill its purpose of being affordable to those who require rents or purchase prices lower than the regular market provides, a mechanism should be in place to ensure the units remain affordable and establish income levels of the households who can rent or own the homes. Staff further recommend meeting with Housing Services to discuss the proposal in more detail and to explore opportunities for partnerships or programs and mechanisms to support a defined level of affordability. Affordability For the purposes of evaluating the affordability of an ownership unit, based on the definition in the Regional Official Plan, the purchase price is compared to the least expensive of: Housing for which the purchase price $385,500 results in annual accommodation costs 3 Page 339 of 476 which do not exceed 30 percent of gross annual household income for low and $1,470 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 1 -Bedroom: $1,134 regional market area 2 -Bedroom: $1,356 "Based on the most recent information available from the PPS Housing Tables (2021). In order for an owned unit to be deemed affordable, the maximum affordable house price is $385,500. For the purposes of evaluating the affordability of a rental unit, based on the definition of affordable housing in the Regional Official Plan, the average rent is compared to the least expensive of: A unit for which the rent does not exceed 30 per cent of the gross annual $1,470 household income for low and moderate income renter households A unit for which the rent is at or below the Bachelor: $950 average market rent (AMR) in the 1 -Bedroom: $1,134 regional market area 2 -Bedroom: $1,356 3 -Bedroom: $1,538 4+ Bedroom: $3,997 Based on the most recent information available from the PPS Housing Tables (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. Cultural Heritage The property at 86 Pinnacle Drive possesses the potential for the recovery of archaeological resources because of the presence of an historic structure on the property (c. 1883) and proximity to other historic structures, the proximity to water courses, including the Grand River and its location within an historic core area. Regional Cultural Heritage staff will not require the submission of an archaeological assessment in support of the proposed development application. However, the applicant should be aware that: F Page 340 of 476 If archaeological resources are discovered during future development or site alteration of the subject property, the applicant will need to immediately cease alteration/development and contact the Ministry of Tourism, Culture and Sport. If it is determined that additional investigation and reporting of the archaeological resources is needed, a licensed archaeologist will be required to conduct this field work in compliance with S. 48(a) of the Ontario Heritage Act; and/or, If human remains/or a grave site is discovered during development or site alteration of the subject property, the applicant will need to immediately cease alteration and must contact the proper authorities (police or coroner) and the Registrar at the Bereavement Authority of Ontario in Compliance with the Funeral, Burial and Cremation Services Act, 2002 S. 96 and associated Regulations. General Comments 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. In conclusion, the Region has no objections to the proposed zoning by-law amendment. 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, 911-- C' Jennifer Catarino, MCIP, RPP Senior Planner David Galbraith, IBI Group (via email) A & F Greenfield Home Limited (via email) 5 Page 341 of 476 From: Dave Seller Sent: Wednesday, June 5, 2019 1:21 PM To: I<atie Anderl Subject: ZBA comments: 86 Pinnacle Drive Hi Katie, Transportation Services have reviewed the IBI Parking Justification Report (February 27, 2019) and provide the following remarks. 1. The rational provided in the report to reduce the parking rate to 1.44 parking spaces per unit for 23 on-site parking spaces is acceptable. It should be noted that there was no reference of visitor parking in the conclusion and recommendations section. Therefore, an inclusive rate of 15% be applied, which results in, 4 visitor parking spaces and 19 tenant parking spaces for the proposed 23 on-site parking spaces. Site plan comments 2. Driveway visibility triangles be illustrated along the property line. 3. Barrier free and visitor signs be noted on the plan. 4. Truck movement plan be submitted for garbage pick-up. AutoTURN be used to illustrate truck turning movements. 5. Sidewalks internal to the site be 1.5 metres and 1.8 metres when adjacent to parking. Dimensioning be taken from back of curb. 6. Plan A1.01 notes one visitor parking space is being provided, this is insufficient. Additional visitor parking to be provided on-site. Dave Seller, C.E.T. Traffic Planning Analyst I Transportation Services I City of Kitchener 519-741-2200 ext. 7369 1 TTY 1-866-969-9994 1 dave.seller@kitchener.ca Page 342 of 476 Katie Anderl From: Rojan Mohammadi Sent: Monday, December 5, 2022 11:17 AM To: Katie Anderl Subject: 86 Pinnacle Drive - Urban Design Comments Hi Katie, Here are my comments on the recirculation for the above noted address: TMP: • Written permission for removal of or impact to trees in joint ownership along property lines is required • Please properly outline the property line on the plan • Details regarding Tree preservation fencing should be from City of Kitchener not Hamilton • Please ensure TPF is located 1.0+ outside of the dripline where appropriate Site plan: • It is recommended to relocate the gas/electrical meters location to a more appropriate space if possible Thankyou Rojan Mohammadi MA, MCIP, RPP, PMP (She/Her) Senior Urban Designer I Planning Division I City of Kitchener 519-741-2200 x 7326 TTY 1-866-969-9994Ifo ain imolharmlrm..Ii d)kitclhener„ca a 0 01 0 0 0 1 Page 343 of 476 Katie Anderl From: Planning <planning@wcdsb.ca> Sent: Thursday, December 1, 2022 1:11 PM To: Katie Anderl Subject: RE: Circulation for Comment - 86 Pinnacle Drive (ZBA - Recirculation) Good Afternoon Katie, 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 From: Christine Kompter<Christine.Kompter@kitchener.ca> Sent: Wednesday, November 16, 2022 3:46 PM To: Rojan Mohammadi <Rojan.Mohammadi@kitchener.ca>; Carrie Musselman <Carrie.Musselman@kitchener.ca>; Deeksha Choudhry <Deeksha.Choudhry@kitchener.ca>; Dave Seller <Dave.Seller@kitchener.ca>; Katie Wood <Katie.Wood@kitchener.ca>; Region - Shilling Yip <syip@regionofwaterloo.ca>; _DL _#_ DSD _Planning <DSD- PlanningDivision@kitchener.ca>; Bell - c/o WSP <circulations@wsp.com>; Carlos Reyes <Carlos.Reyes@kitchener.ca>; Darren Kropf <Darren.Kropf@kitchener.ca>; Dave Seller <Dave.Seller@I<itchener.ca>; David Paetz <David.Paetz@kitchener.ca>; Ellen Straus <EIIen.Straus@kitchener.ca>; Enova Power Corp. - Greig Cameron <greig.cameron@enovapower. com>; Enova Power Corp. - Shaun Wang <shaun.wang@enovapower.com>; Feds <vped@feds.ca>; GRCA - Planning (planning@grandriver.ca) <planning@grandriver.ca>; Greg Reitzel <Greg.Reitzel@kitchener.ca>; Hydro One - Dennis DeRango <landuseplanning@hydroone.com>; Jim Edmondson <Jim.Edmondson@kitchener.ca>; Justin Readman <Justin.Readman@kitchener.ca>; Katherine Hughes <Katherine.Hughes@kitchener.ca>; Mike Seiling <Mike.Seiling@kitchener.ca>; Ontario Power Generation <Executivevp.lawanddevelopment@opg.com>; Park Planning (SM) <Park.Planning@kitchener.ca>; Region - Planning <PlanningApplications@regionofwaterloo.ca>; Property Data Administrator (SM) <PropDataAdmin@kitchener.ca>; Robert Morgan <Robert.Morgan@kitchener.ca>; Steven Ryder <Steven.Ryder@kitchener.ca>; Sylvie Eastman <Sylvie.Eastman@kitchener.ca>; Planning <planning@wcdsb.ca>; WRDSB - Board Secretary (elaine_burns@wrdsb.ca) <elaine_burns@wrdsb.ca>; WRDSB - Planning <planning@wrdsb.ca> Cc: Katie Anderl <Katie.Anderl@kitchener.ca> Subject: Circulation for Comment - 86 Pinnacle Drive (ZBA - Recirculation) Caution - External Email - This Message comes from an external organization. Do NOT click on unrecognized links or provide your username and/or password. Page 344 of 476 Please see attached — additional documents can be found in 51]a_U.e.El . Comments or questions should be directed to Katie Anderl, Senior Planner (copied on this email). Christine Kompter Administrative Assistant I Planning Division I City of Kitchener 200 King Street West, 6t" Floor I P.O. Box 1118 Kitchener ON N2G 4G7 519-741-2200 ext. 7425 1 TTY 1-866-969-9994 christine.kompter@kitchener.ca Disclaimer - This email and any files transmitted with it are confidential and contain privileged or copyright information. You must not present this message to another party without gaining permission from the sender. If you are not the intended recipient you must not copy, distribute or use this email or the information contained in it for any purpose other than to notify us. If you have received this message in error, please notify the sender immediately, and delete this email from your system. We do not guarantee that this material is free from viruses or any other defects although due care has been taken to minimize the risk. Any views expressed in this message are those of the individual sender, except where the sender specifically states them to be the views of the Waterloo Catholic District School Board. Page 345 of 476 From: Sent: To: Cc: Subject: Attachments: Hi Katie, No comments, (please see attached) Shawn Shawn Callon <shawn callon@wrdsb.ca> Tuesday, May 14, 2019 2:12 PM Planning Katie Anderl; Christine Kompter Re: Circulation for Comment - Zoning By-law Amendment (86 Pinnacle Drive) 86Pinnacle.pdf On Monday, 13 May 2019 15:50:51 UTC -4, Christine. Kompter@kitchener.ca wrote: Please see attached. Comments or questions should be directed to Katie Anderl — Senior Planner (katie.anderl@kitchener.ca; 519-741-2200 x7987). Sincerely, Christine Kompter Administrative Assistant I Planning Division I City of Kitchener 200 King Street West, 6t" Floor I P.O. 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fo >+ C I} n m u m >, j, +� C O n > bn C O an C o 00 > O O >. a) ; I :w N O d M C f0 L } '(6 ai 0 (E CC Q C C LO O E N .� O +1 C i E C O L a) to vn C— cn a) C L p O I O C in ) O_ —_ bA C p° +, O L a1 • O L O +, >• v , O L_ N +, N OJ m p C C p +- C p S O C ; a1 O +, a) m ++,, O a) 4 - ° C ra a) L a) m -o E m C m p _O ai O L p U Q C +' Y �n ° a) C (6 4- O +1 \ d V) a) p t C 41 Q° Q +, m C +� N ro Cw C +� C Q n3 o C a) s a) L M Q U L C a) L vi a) a --I E O � > v N o Ln a) ro Q C a1 -FEm +, ; Q- C _ (..) +� 0 o .0 Y N a) w a) cn .� > s O i p N O M U a) a) a) a) a) s E not +o — C io C Q O U .— a O p p v I +, 6 Q s Q m � °MQ cu `r Q n ° m Qu +, _ Q) +� m 0 aim LA LA F=C a) O L Q V) o v) Ln a) Ln a _ Q) c _0 a� ro > Q Q +, p z a c0 ti O co 0 N ^ca I..L c0 ti 0 rn 0 N ca a) o co 0 M � a, O >-N ro u L V Q) L p p S +' C Nom,, - ; O >Ln ibbD a1 O -0 Un a) in 6 O L a! C (6 C 0 C Q p > co 4' 0 p Ca! N O •L U -C m a1 L a) to _ CO Ln U d � a_+ a1 O +-' C a1 U � +, +' p a1 a) O L N a1 U > C M Y a! .� O a) a) L1 _ a) Y •L U U U) U 41 C N O T E - � (B (1) > a) > — N pCL L L 4. L U 4• p Ct n `n 4- 0 7 V= v v C C O > d CL t0 vi -0 N LO '� a) 00 M 4. N >- 'C N ru i Ln O L O (n O vi +1 C Y_ C -C: N (L6 �O a O > O U b0 +' a) C N C +� _ Ln> c In 'to a1 C O > 0 C L +M L O a1 a1 N O .0 V> O i +, O H O ba -6 Q +JO a) > > E Y C Q C W N W +' O n Q m N (V U a Co t C +J m N O Q) 4� m � c -I •L L o z o z aj O cu O U L U L V) m a) 00 ra aJ c0 n C C CO C C Co a1 C a) c a) U CL U CI - :Ll N n +-' N Q Ln Y Z m�2-/ Z c0 ti 0 rn 0 N ca Page 410 of 476 COMMENT FORM Zoning By-law Amendment ZBA19/003/P/KA Address: 86 Pinnacle Drive I do not support the application to turn R4 into R6 zoning on Pinnacle Drive. I do not support the conversion of any existing single family home to R6 in Lower Doon. ... . .. .. .. .. ...... . ...... PHIMMOMM= • MEMO= 3, Any additional comments? This proposed development will increase traffic volume in the area. The population density in Lower Doon has already increase with the addition of two condominium communities on Pinnacle Drive, Can the historical Huron Bridge accommodate the increase traffic? Thank you for taking the time to fill out this form. To ensure that we receive only one set of comments from each individual, staff can only consider comments if they include a name and address. Please note that all comments contained on this form may be used as part of a public staff report; however your name will be kept confidential. Separate letters or emails are also welcome. Name (print): Signature: Date: Address: Postal Code: Katie Anderl, Senior Planner Phone: 519-741-2200 x7987 Maik Kitchener City Hall, 6th Floor 200 King Street West, P.O. Box 1118 Kitchener, ON N2G 4G7 Page 411 of 476 � COMMENT FORM Zoning By-law Amendment ZBA19/OU]/P/KA Address: 86Pinnacle Drive I. What doyou like ordislike about the proposed Zoning By-law Amendment? This development is not respectful of the existing character of the neighborhood. I'm against over intensification of the site. The city mnot taking Into consideration the character of the Lower000n neighborhood. The city of Kitchener has NO ability or right to regulate that seniors reside in the propos;d Qomplex, Also, Backyard parking is not acceptable. , 2. What changes doyou suggest for the proposed Zoning By-law Amendment? I request Comprehensive Study be done BEFORE any new development in Lower Doon take place. I support a development, iust NOT a development that is NOT respectful of the existing character of the neighborhood 3. Any additional comments? I do not SUpport changing the i of this property from R4 to R6 Thank you for taking the time to fill out this form, To ensure that we receive only one set of comments irom each individual, staff can only consider comments if they include a name and address. Please note that all comments contained on this form may be used as part of a public staff report; however your name will be kept confidential. Separate letters or emails are also welcome. Date: 6/26/19 Address: 20-105 PINNACLE DRIVE, KITCHENER, N2P 1138 Posta }Code: KadeAnderl, Senior Planner K4ei|: Kitchener City Hall, 6mFloor Phone: 519-741-22OOx7987 20OKing Street West, P.O.Box 11lO Email: Kitchener, ON W2G4G7 Page 412 of 476 77M 86 Pinnacle Drive (ZBA19/003/P/KA) T1I7MTM-'-7-MU(-GT&TV FEFITRI-M-1111 UUL LIM. I,qVTGT-TU-U r-L-Ul I full - each individual, staff can only consider comments if they include a name and address. Please note that all b I Name: Signature Date: Address: Postal Code �A. . . ............ ................. . Katle Anderl, Senior Planner Phone: 519-741-2200 x7987 Email: katie.anderl@kitchener. Fax: 519-741-2624 1 .. .. ..... . ..... .... Maik city Hall 200 King Street West & Floor, PO Box 1118 Kitchener, ON N2G 4G7 Page 413 of 476 Neighbourhood Information Meeting UNFA Comment Form 86 Pinnacle Drive (ZBA19/003/P/KA) i'09 C" ;/-- �> 0 Thank you for taking the time to fill out this form. Please return completed copies no later than September 20, 2019. Please note that all comments contained on this form will be included as part of a public staff report; however your name, email, phone number and signature will be kept confidential. Separate letters or emails are also welcome. Name: Signature: Date: Address: Postal Code: -2. . ... ..... . . . . . . .......... MM= Katie Anderl, Senior Planner Phone: 519-741-2200 x7987 ME,,0L, City Hall Email: katie.anderl@kitchener.ca 200 King Street West Fax: 519-741-2624 6th Floor, PO Box 1118 Kitchener, ON N2G 4G7 Page 414 of 476 COMMENT FORM Zoning By-law Amendment ZBA19/003/P/KA JW J�'rrc i �N� v 1;( 2 2019 Address: 86 Pinnacle Drive 1. What do you like or dislike about the proposed Zoning By-law Amendment? tl c I, I r _�) , Ao-, A- 2. What changes do you Suggest for the proposed Zoning By-law Amendment? ............. ............... . . ... . . . ........... .................. 3, Any additional comments? �� '� l"� "^�', +u'c'., MNI dN01 � ���� mJf'' „µ,,., , �'2YYn/fiWI �'"s r��uowl'^X. ,�.��...�,..�w MIy����",._""'"_'",'._._�u7F._ � � �I :.,, Th-ahk you for taking the time to fill out this form. To ensure that we receive Only one set of comments from each individual, staff can only consider comments if they include a name and address. Please note that all comments contained on this form may be used as part of a public staff report; however your name will be kept confidential. Separate letters or emails are also welcome. Narne �pdnt): Signature: Date: ta, Address: Postal Code: - ------- - - ----------- - - - - - --------- ---- - -- - . . ......... .. M T11-3 no Katie Anderl, Senior Planner Mail: Kitchener City Hall, 6th Floor Phone: 519-741-2200 x7987 200 King Street West, P.O. Box 1118 Email: l(atie.anderl oc Kitchener, ON N2G 4G7 �Ijtchener.ca Page 415 of 476 COMMENT FORM Zoning By-law Amendment ZBA19/003/P/KA Address: 86 Pinnacle Drive 1. What do you like or dislike about the proposed Zoning By-law Amendment? pbtNK . . .... ......... "IAI(3 n,,,. 2. What changes do you suggest for the proposed Zoning By-law Amendment? 3. Any additional comments? Thank you for taking the time to fill out this form. To ensure that we receive only one set of comments from each individual, staff can only consider comments if they. include a name and address, Please note that all comments contained on this form may be used as part of a public staff repowever your name will be kept confidential. Separate letters or emalls are also welcome. Katie Anderl, Senior Planner Mail: Kitchener City Hall, 6th Floor Phone: 519-741-2200 x7987 200 King Street West, P.O, Box 1118 Email: katie.anderl,-@I(itchener.ca Kitchener, ON N2G 4G7 Page 416 of 476 COMMENT FORM Zoning By-law Amendment ZBA19/003/P/KA Address: 86 Pinnacle Drive What do you like or dislike about the proposed Zoning By-law Amendment? Aug 0? Z019 ... . .. ... . ....... rk;v ............. .... 2. What changes do you suggest for the proposed Zoning By-law Amendment? 3. Any bclditlona�pmme A/ A IAI 6"'- Thank you for taking the time to fill out this form. To ensure that we receive only one set of comments from each individual, staff can only consider comments if they include a name and address. Please note that all comments contained on this form may be used as part of a 'public staff report; however your name will be kept confidential, Separate letters or emalls are also welcome. Name (print): Signature: Date: PA/ K Address: Postal Code: Katie Anderl, Senior Planner Mail: Kitchener City Hall, 6th Floor Phone: 519-741-2200 x7987 200 King Street West, P.O. Box 1118 Email: katiea derIC Kitchener, ON N2G 4G7 nc/?.I�jtchener.ca Page 417 of 476 COMMENT FORM Zoning By-law Amendment ZBA19/003/P/KA Address: 86 Pinnacle Drive zL What changes do yous for the proposed Zoning By-law Amendment? ' s Anvnridhinnn|rnmma"+c? j nan&'y&j. Tor taKing the time to till out this torm, To ensure that we receive only one set of comments from each individual, staff can only consider comments if they include a name and address. Please note that all comments contained on this form may be used as part of a public staff report; however your name will be kept confidential. Separate letters or emails are also welcome. 11113ROW01 Katie AnderLSenior Planner &0iafl� Kitchener City Hall, 6th Floor Phone: 5l9-74l-22Q0X7987 2OOKing Street West, P.O.Box 11l8 EDl8i[ Kitchener, ON N2G4G7 Page 418 of 476 STUDENTS INC Sana Banu, President Conestoga Students Incorporated Room 2A1O6 299 Doon Valley Drive, Kitchener, Ontario N2G4M4 January 31, 2023 Katie Anderl, Senior Planner City of Kitchener 200 King Street West, Kitchener, Ontario N2G 4G7 RE: Support for Proposed Development at 86 Pinnacle Drive Dear Katie Anderl, On behalf of Conestoga Students Inc., the official student association of Conestoga College representing over 24,000 students, I would like to express our support for the infill development proposed at 86 Pinnacle Drive. As an organization that has been rooted in the Lower Doon community for 50 years, we have been one of many stakeholders who have worked to ensure students are welcomed and become respectful members of the community through initiatives such as the Town and Gown Committee, the creation of the Student Living Guide, tenant rights and responsibilities education, and more. Today, the Lower Doon community is a hub for students to settle and pursue postsecondary education, while living alongside long-term local community members. As Conestoga College has grown its footprint in Lower Doon, students have not been able to find housing near the Doon campus due to the opposition of the local residents to any form of new development that is not a single-family detached dwelling. As this opposition has continued for years, compounded by a general lack of housing availability more broadly across the Region of Waterloo for both rental and market dwellings, we continue to encounter challenges in providing all persons in our communities with increased housing options. Neighbourhoods and communities should be developed to allow all persons to have options for where they want to live, and they should not be restricted to specific demographic groups. This includes ensuring a mix of residential dwellings, including single- family, semi-detached, townhome, and apartments, to create communities with a range of housing types and prices. The proposed infill development for 86 Pinnacle Drive is an example of how underutilized land can be repurposed to gently increase the density of existing neighbourhoods, thoughtfully and respectfully, while increasing the types of available housing. The amended C:°>0111IIF..;�..I..CSC� w:�..I..�.�IfDIF..IIg11S C."0IMII 519-748-5131 299 DOON VALLEY DRIVE E0®!/@CSTUDENTSINC C`kI11@ C.IIVIIF".wF.O.Q,_C. 0.1N C.:'A KITCHENER, ON N2G 4M4 Page 419 of 476 ''" STUDENTS INC proposal that has been submitted demonstrates respect for the previously raised concerns of local neighbours regarding landscaped areas, parking availability, development height, and privacy. It has also added amenities, such as secure, weather -protected bicycle parking, to encourage more sustainable lifestyles of its future residents. Adding an additional 16 dwelling units to the neighbourhood is a step forward in contributing to the estimated 70,800 units needed in Waterloo Region to address the housing supply shortage. Therefore, CSI supports the development of 86 Pinnacle Drive, for its positive impact on the neighbourhood's housing supply, thoughtfulness and respect for local residents, and impact on the diversity of dwelling types available in the neighbourhood. CSI appreciates the opportunity to submit our comments regarding this development and looks forward to continuing to work with stakeholders to improve housing availability and affordability in the community. Sincerely, Sana Banu, President C0IINIF..;�..I..CSC� w:�..I..�.�IfDIF..IfN11S C"0IMII 519-748-5131 299 D00N VALLEY DRIVE E0®!/@CSTUDENTSINC G.S.11@.0 C.IIVIIF".w F.O.G A. 0I4 C.:'A KITCHENER, ON N2G 4M4 Page 420 of 476 February 6, 2023 Prepared by the Citizens of Lower Doon Subject: Citizens Opposed to the Zoning Amendment ZBA19/003/P/KA to permit a multiple residential dwelling, stacked back to back townhouse development at 86 Pinnacle, Kitchener. Please find attached a list of issues prepared by the citizens of Lower Doon with respect to the proposed AF Greenfield Development at 86 Pinnacle, City of Kitchener. Our list is divided into six sections as described as follows. A. Issues related to the Unfinished New Secondary Plan for Lower Doon B. Issues Related to Applicants Planning Justification Report C. Issues Related to Applicants Parking Justification Report D. Issues Related to Site Specific Planning E. Conclusion Introduction Lower Doon is Kitchener's oldest neighbourhood. It is a small, self contained community of single family residences, semi-detached units, duplexes, lodging houses, three multiple unit developments and Conestoga College. The community has significant local history. The earliest documented evidence of human settlement in the area goes back to the 1500s when at least 2 indigenous groups existed in the Kitchener area, although it is believed that the area was used much earlier. The first Mennonites to the region settled in Lower Doon in 1800. The Community includes a rich "heritage and environmental landscape" comprised of a number of heritage residences, Homer Watson House and Gallery, Schneider's Creek and Willow Lake Park formerly the mill pond from 1830, the ruins of the Adam Ferrie Mill and the Grand River. A. Issues Related to the Unfinished New Secondary Plan City of Kitchener webpage: "We'll be developing draft materials and will undertake a broad community engagement campaign in early 2023, where we will present those materials, including new and/or revised policies, regulations, guidelines, and visualizations for Lower Doon." 1. If the rezoning of 86 Pinnacle is allowed to proceed; never again could it be said that an intense box like development would not be "sensitive to and compatible with the character, form and function" of Lower Doon. This development would set a new precedent; not by consensus and not the vision of the residents that live in Lower 1 of 16 Page 421 of 476 Doon. The neighbourhood has been participating in the development of a New Secondary Plan for Lower Doon. This process remains unfinished. The process is clearly outlined in the presentation dated April 5, 2022. 2. The Land Use Review by the Planning Partnership and Bray Heritage presented a Final Report which made 23 Recommendations. This Report was accepted by Council on March 22, 2021. Recommendation 17-- Prepare 7: Prepare urban design guidelines for the Lower Doon Neighbourhood to ensure compatibility. These guidelines are used to help direct the form and character of new development. These guidelines would define the nature and character of the neighbourhood based on the pattern of lots, streetscape conditions, building form/style and cultural heritage. The neighbourhood should be allowed to finish this process and the Applicant should redesign the project to fit the new policies and guidelines that will be developed; or alternatively build within the current Zoning, Official Plan Policies and Urban Design Guidelines. The Applicant initiated rezoning application of 86 Pinnacle represents an attempt to circumvent the process that has been developed for the creation of new policies and guidelines for development in Lower Doon. If the application is granted it will render the process moot. City of Kitchener: The Lower Doon Secondary Plan project will review and update the existing planning, including: • Official Plan policies • Zoning by-laws • Urban Design Guidelines • Cultural heritage policies/guidelines 3. From the City of Kitchener: 2023 - Winter. -Draft Secondary Plan policies, zoning, urban design guidelines, demonstration concepts - Winter -Spring: Community engagement regarding draft secondary plan materials - Summer. Draft consolidated Secondary Plan - Fall. Report to Council The Applicant states Section 3.4 Lower Doon Land Use Study, Planning Justification and Urban Design Report 2022 "The applicant agreed to the pause the processing of the development application until the completion of the Land Use 2of16 Page 422 of 476 Study in response to comments received from the community and land use planning staff at the City." The Land Use Process has not yet been completed. Council should not permit rezoning until the process is completed. 4. The proposed rezoning of 86 Pinnacle would become the precedent for all future development in Lower Doon. The Applicant has suggested that 50 Pinnacle is a similar development. 50 Pinnacle is not a precedent for 86 Pinnacle. This is a false. equivalence. 50 Pinnacle does not front on Pinnacle Drive, it is a townhome development tucked away from Pinnacle. 86 Pinnacle is a new housing type with incompatible features and not in keeping with the character of Lower Doon. It is a development in the wrong location. The proposed development belongs on an arterial road just as many other similar developments have been proposed for Trussler Road, New Dundee Road, Fisher Hallman, Victoria Street and Ottawa Street. 50 Pinnacle are 3 bedroom townhomes and a condo corporation. The 3 bedroom units at 50 Pinnacle maintain the character of Lower Doon with front yards, front doors, front porches, garages, backyards, gable roof lines and heritage lighting. The parking is contained within the site and all edges of the development maintain private backyard space for the residents. The backyards of 50 Pinnacle coincide with the backyards of the neighbouring existing residences. In maintaining private space the neighbourhood continues to maintain a desirable quality of life. The proposed development has a minimal front yard with a setback not in keeping with the neighbouring front yards. Zoning Bylaw 85-1 The average of the front yards of the abutting lots, plus 1.0 metre; This would be consistent with the City of Kitchener Planning Review Guidelines "achieving a consistent building setback". See the following renderings: 3of16 Page 423 of 476 The proposed development has virtually no backyard and would instead have a large parking lot with minimal setbacks. The small amenity space offered is a snow dump for winter months. There is no private backyard space for the residents of the proposed development at 86 Pinnacle. The building offers minimal setbacks and a backyard parking lot; infringing on the neighbouring homes backyards. This represents a complete departure from the character of Lower Doon. Quality of life is an issue when there is no landscaping around your home. The minimal setbacks and minimal landscaping indicate little regard for surrounding residences and the established functioning of the neighbourhood. 5. The residents of the neighbourhood of Lower Doon, as many other residents in neighbourhoods in Kitchener generally lack the planning vocabulary and knowledge to shape their neighbourhoods. In permitting the process of developing new Policies and Guidelines for the New Secondary Plan of Lower Doon, the neighbourhood will be given -opportunity to share in shaping their home. 6. The neighbourhood of Lower Doon exists with Conestoga College and this relationship can not be overlooked. "Northdale" in Waterloo is the student neighbourhood in Waterloo, adjacent to the University of Waterloo and pro Laurier University and offers a lens through which to see development in Lower Doon. Northdale is a residential neighbourhood that was once comprised of smaller residences and historical homes. It is still transforming and is now a student only neighbourhood. Lower Doon is at the beginning of the process that took place in Northdale. The first part of that process was the expulsion and exclusion of the permanent residents. This is not a desired methodology for Lower Doon. The lessons offered by Northdale in Waterloo are current and relevant. The exclusion of the permanent residents in Northdale is well documented - See attached article. "Constructing a College Town: Displacement in a Student Housing Building Boom". Nick Remington & Evelyn Hofmann, September 13, 2017 A careful study of how to achieve success without destroying the neighbourhood of Lower Doon should be included in the process. Understanding the dynamics of development in Northdale that has occurred over the last 2 decades is an opportunity to avoid the failures that are present in Northdale. Northdale is currently a student only neighbourhood without diversity of resident. See attached article "Post-studentification? Promises and pitfalls of a near -campus urban intensification strategy" Nick Remington, Institute national de la recherche scientifique, Canada, Urban Studies Journal Limited 2021 5of16 Page 425 of 476 Northdale photos 2023 7. Lower Doon has an existing Secondary Plan. There are policies and regulations for Lower Doon. According to the City. "The existing policies and regulations for Lower Doon were developed over 20 years ago, with some dating back to the late 1970s." The existing Secondary Plan of Lower Doon along with the corresponding zoning Bylaw 85-1, that the Applicant now wishes to use, instead of allowing the neighbourhood the ability to create a new more relevant Secondary Plan, prohibits multi unit residential. 1.2. That two family residential (semidetached or duplex) be permitted to develop only along Pinnacle Drive between Amherst and Doon valley Drive. 8. From the City of Kitchener recommendations for developing the New Secondary Plan Protect Heritage Recommendations ® Protect designated heritage properties ® Identify, protect, and celebrate additional heritage attributes, properties, and landmarks City Next Steps ® Retain a heritage consultant to assist in the development of a Heritage Character Area (Upper Pinnacle Drive) 6of16 Page 426 of 476 ® Develop policies and guidelines to protect key heritage assets Pinnacle Drive is a road that has existed since early 1800's. There are many homes on Pinnacle that are not protected but were built in the 1800s including the home that the Applicant wishes to demolish. The character of Lower Doon and Pinnacle Drive has a strong heritage component. There are 3 protected heritage homes, on this short stretch of road. The Proposal disregards the obvious heritage character of Pinnacle Drive and Lower Doon; as the proposed development has no heritage character and has ignored the obvious heritage precedents and inspiration on Pinnacle Drive. The creation of a new Secondary Plan also includes community engagement. The proposed rezoning is significant in that it sets a precedent that will render community engagement moot. An engagement meeting for the first proposed development was held in 2019. The engagement was held at the Museum and everyone was invited. The Applicant redesigned the project as a result. There has been another community engagement in 2023 with a limited opportunity for the neighbourhood to engage. Those without technology were denied attendance at the meeting. There has been no attempt by the Applicant to reach out to those that were unable to attend. S. Issues Related to Applicants Planning Justification Report Planning Act Provincial Policy Statement 2014 Growth Plan for the Greater Golden Horseshoe The City of Kitchener's Official Plan complies with the Ontario Planning Act, the Provincial Policy Statement and the Growth Plan for the Greater Horseshoe Area. The City of Kitchener has planned intensification as required by Provincial legislation. Lower Doon and the subject site in particular are located within a community area. The Official Plan directs that the majority of the necessary intensification will occur in areas other than community areas. Section 3.C.2.52 of the Official Plan states as follows: "Limited intensification may be permitted within Community areas in accordance with the applicable land use designation on Map 3 and the Urban Design Policies in Section 11. The proposed development must be sensitive to and compatible with the character form and planned function of the surrounding context." 7of16 Page 427 of 476 It is our submission that the Applicant's Planning Justification falls short of justifying the requested Rezoning. Planning Justification The following paragraph numbers correspond to the Applicant's Planning Justification. The quotes are statements from that report. 6.1. Location within the Regional and City Built up Area. The applicant states the Region's Official Plan and Kitchener's Official plan promote context sensitive infill/intensification within built up areas. The subject site is in a Community Area within the Built Up Area. Kitchener's Official Plan states: "limited intensification may be permitted.... Any residential development on the subject property will contribute to the Region's and the City's goals that 45% of all new residential development occur within the Built Up Area. 6.2. Provides for a Range and Mix of Housing Options "The proposed development includes 16 stacked back to back townhouse units, thereby helping support the provision of various housing options in the community. Boththe city and the Region support the provision of a full and diverse range of housing that is safe, affordable, of adequate size and accessible." There are many townhomes in Lower Doon. There are many stacked townhouses in the City of Kitchener. Any residential development would help support the provision of various housing options. Any development doubtlessly would be safe and of adequate size. The development is not said to be affordable housing nor will it be accessible. The applicant states that the development is "geared towards older persons". The developer has never explained how the development is geared towards seniors. The stairs to the units and within each of the units would suggest otherwise. There is not a nearby senior's centre nor are there any services or retail within walking distance. 6.3. Compatible with Surrounding Neighbourhood "The proposed development will be architecturally sympathetic to its context in terms of massing, architectural detailing and materialization. Several traditional design elements including dormer, Georgian styled windows and mansard roof are proposed in order to provide a classical feel." Page 428 of 476 In fact the proposal will be substantially more massive than any of the houses adjacent or across Pinnacle Drive from the development. All of the homes surrounding this development are 1 1/2 storeys or 2 storey homes with gabled or simple rooflines. The existing homes have landscaped front yards, side yards, backyards, garages, front doors and compliment each other. The proposed development is about 8X the size of the small, 1 1/2 storey neighbouring home. 6 homes and all of their setbacks directly surround the front and side of this massive development. The proposed setbacks vary dramatically from all of the houses in the vicinity of the development and in particular from the two dwellings on either side of the development fronting Pinnacle Drive. The development will be the only residence in Lower Doon with a flat roof. The elevations show no dormers, Georgian styled windows, mansard roof and do not suggest a classical feel or any character feel for Lower Doon. The short street of Pinnacle drive has 3 historical homes, which could serve as inspiration. In fact the exact same building as the one proposed for Lower Doon is proposed for New Dundee Road. New Dundee is a major arterial road. The proposed building is not complimentary to Lower Doon in any way. Proposed Development More than 3 storey's tall and 83' wide REAR VIEW REAR VIEW 9of16 Page 429 of 476 Neighbouring house - 1 1/2 storey's tall and 26' wide 5 homes in front and beside development 10 of 16 Page 430 of 476 Similar Development on New Dundee Road z- a The Applicant asserts that the proposed development will compliment the neighbouring townhouse use. The Applicant provides no analysis to justify its assertion. 6.5 No increase in Floor Space Ratio beyond what is permitted by the City of Kitchener Official Plan The applicant states that the FSR is .58 below the acceptable .6. It is important to note that FSR is a measure of the intensity of use of the site. It is the measure of a building's floor area in relation to the size of the lot. The basement is not included in the calculation of the FSR as per the definition of "Floor Space Area" in the By-law, but the excluded basement area is to be living space and will contribute to the intensity of use of the property. le the need for parking. 6.6. Transit Supportive and Active Transportation Supported The subject property is on a bus line but not on the ION. There are good recreational walking trials in Lower Doon but they are not maintained during the winter. There are no nearby services, shopping or entertainment venues in Lower Doon. 7.2 Urban Design Manual The Kitchener Urban Design Guidelines address Infill Development and is referenced on page 42. 6.2 of the Applicant's Planning Justification and Urban Design Report. "Design Buildings at a scale which is compatible with adjacent structures. New buildings should respect the established heights and setbacks in the neighbourhood. " 11 of 16 Page 431 of 476 The proposal has a building frontage of 83 feet which is almost twice as wide as any nearby residence. The adjacent residence has a building 26 feet wide and the adjacent semi detached residence is 41 feet wide. The proposed front yard setback does not respect the immediate neighbours. The building height is similar to some of the homes in the neighbourhood, however the neighbour's roofs are all peaked. The front facade of the proposed development has a flat roof, front balconies, a box structure and modern look which is in no way compatible with the surrounding built form. The guidelines further stye that buildings should be designed to "Respect the invisible lines" created by existing neighbourhood building features such as cornices, gable heights, porch elevations, similar roof pitches and other defining elements" The Urban Design Guidelines 11. 2.0 New Buildings should be consistent with the existing neighbourhood setback pattern. Then goes further and states "avoid back to front facing relationships. The proposal reverses the existing relationship of front yard and parking and suddenly places the parking in the rear thus creating a back to front relationship with the town homes behind. Urban Design Review 11.C.1.11. The massing of the proposed development is greater than the massing of any of the nearby properties. The Applicant asserts: "Design Elements from the existing neighbourhood have been incorporated into the proposed development". There is no analysis to support the Applicant's assertion. It is a massive box shape, 3 floor. flat roofed design and has incorporated nothing from the existing nearby neighbourhood. 11.C.1.22 "the landscaped area of 30% will provide ample space for tree planting" However, there is little space between the parking lot and the rear yard fence. There is insufficient space between the driveway and the fence line for any tree planting and there is insufficient space between the building mass and fence line of the neighbouring property for any tree planting. Any tree plantings close to the building would block views and all sunlight to the below grade portion of the development. The open amenity area to the rear will be used as a snow dump in the winter months. 12 of 16 Page 432 of 476 11.C.1.29 "The proposed development will redevelop the existing site to enhance the existing neighbourhood and streetscape through high-quality design and context sensitive intensification" The Applicant provides no explanation as to how its development will enhance the existing neighbourhood and streetscape. Nor do they explain how the proposed intensification is context -sensitive. 11.C.1.33.a) "The proposed built form features a high-quality of design which compliments the existing neighbourhood." There is no explanation how this building, which is very different from any of the built form in the neighbourhood, compliments the existing neighbourhood. And further: "The massing and scale of the proposed building are similar to the buildings in the surrounding neighbourhood." The Applicant's rendering clearly demonstrates that the proposed building will have a much larger footprint than any of the surrounding residences. The parking lot in the rear of the proposed development is in no way similar to the surrounding neighbourhood. "Various design elements found in the existing neighbourhood have been incorporated into the design of the building. " The Applicant has not described any of the design elements found in the existing neighbourhood, nor what design elements in the new building the Applicant is referencing. 1 "It was designed to complement the surrounding neighbourhood through massing" The Applicant fails to provide any massing and scale information either about its proposal or the surrounding neighbourhood. e) 13 of 16 Page 433 of 476 "the proposed build will have roof projections, dormers with windows and keystones and an entrance canopy with pillars. " The Elevations and Floor Plan 2022 submitted by the Applicant contain none of the forgoing. C. Issues Related to Applicants Parking Justification Report By email correspondence dated November 13, 2018, Dave Seller wrote to the Applicant's Planner as follows: "Transportation Services isn't opposed to a reduced parking rate for this use (senior's - orientated residential apartment building, provided proper justification is provided and makes sense." And Further he wrote, "1. Why are you not proposing to conduct parking occupancy observations of like uses as part of your justification? I would think this would be an opportunity to draw comparisons between observed data and the 2016 TTs data. Keep in mind that the residents are active in this area and providing comparisons to conclude that the parking will be adequate for the needs of the on-site residents is important." The Applicant chose to conduct a parking utilization survey at 278 Carwood Avenue, Kitchener claiming in its Parking Justification Report "this location was chosen due to similar intended occupants (seniors living independently), similar urban contexts and similar access to sustainable transportation options." Parking Utilization was observed over 2 different 12 hour periods and the peak parking utilization was .48. parking spaces per dwelling unit. The Applicant failed to note the differences between the applicant's proposed 2 bedroom condominium apartments and the units at 278 Carwood Avenue. The differences are as follows: a) 278 Carwood Drive provides geared to income housing. 86 Pinnacle is to be market condominiums b) The landlord (Kitchener Housing Inc.) at 278 Carwood rents to Seniors. 86 Pinnacle is being developed as condominium units and the Applicant can not control who will occupy the units in the near or long term. 14 of 16 Page 434 of 476 c) There are 22 one bedroom units at 278 Carwood and 5 two bedroom units (81 % of the units are one bedroom). All the units at 86 Pinnacle are 2 bedroom units. d) Parking Spaces are an extra charge at 278 Carwood. The Applicant has not stated whether parking will be an extra charge. The forgoing differences will inevitably result in different parking utilization rates at 86 Pinnacle Drive than at Carwood Avenue. One can learn that 278 Carwood Avenue is a property consisting primarily of 1 bedroom units rented to seniors with limited means simply by typing 278 Carwood Avenue" into the search engine. It is concerning that the Applicant would offer as opinion based in part on "parking Utilization at a comparable development in the City of Kitchener when they knew or ought to have known that the chosen development for comparison was remarkably different than the proposed development at 86 Pinnacle It creates a prism through which to view all of the Applicants assertions that its development will be sensitive to and compatible with the character, form and planned function of the surrounding context. D. _ Issues Related to Site Specific Planning 1. The Issue of Community and Public Opposition to the Project - The permanent residents of Lower Doon oppose the rezoning of 86 Pinnacle. 2. The Issue of Appropriate intensification and Housing Variety Lower Doon is a small self contained neighbourhood and has seen the building of three R6 higher density multi unit developments. This demonstrates that the community is in conformity with the intention of provincial and community policy with regards to intensification. 3. The Proposed Development consists of 2 lots as per JD Barnes Limited Surveying mapping. Lot 5 and Lot 6. Registered Plan 578 4. The Current Zoning Bylaw applicable to Lower Doon is 85-1 86 Pinnacle is zoned R4. R4 does not permit Multi Unit Developments. The Existing Secondary Plan for Lower Doon would not permit Multi Unit Developments. 5. The new Zoning Bylaw developed for the City of Kitchener is 2019-51. 86 Pinnacle would be rezoned RES -4. City of Kitchener Report DSD -2022-088 states R4 Properties with lots 15 m or wider convert to RES -4. The subject property is a total of 34.4 meters and consists of 2 lots both greater than 15m. 15 of 16 Page 435 of 476 RES -4: Low Rise Residential Four Zone — the purpose of this zone is to accommodate a range of low density dwelling types that allow up to four dwelling units on a range of lot sizes in low rise areas According to the city of Kitchener: Zoning bylaw 2019-051 is the new City's two zoning bylaws and is gradually replacing our older zoning bylaw. About 80% of Kitchener's properties are within bylaw 2019-051. Note: On March 21, 2022 Council passed an amendment to bylaw 2019-051 as part of Stage 2B of our comprehensive review of the zoning bylaw (CRoZBy). The folders below do not yet reflect this amendment because it is currently under appeal. However, the amendment must still be considered for all new permit applications. The Applicant utilizes the existing Zoning Bylaw however there is no attempt to reference the Existing Secondary Plan. The New Zoning Bylaw, despite the appeal of the Zoning Bylaw recommends that the amendment must still be considered for all new permit applications. The Applicant would be justified to look to RES -4 and develop each lot with 4 units. 6. Given the recommendations in the Final Report by the Planning Partnership and Bray Heritage which was accepted by the City of Kitchener Council as part of the Land Use Review and the new zoning bylaws of 2019-051 as well as the Lower Doon neighbourhood's significant interest in maintaining the character of Lower Doon it is unlikely that the proposed Zoning Amendment ZBA19/003/P/KA would be accepted. The Applicant is overreaching and the proposal should be denied. E. Conclusion In summary, the requested Official Plan Amendment to permit the proposed development of the subject lands for a 16 unit stacked back to back townhouse is inappropriate and will result in undue negative impacts on abutting lands and the Lower Doon Community. The proposal is neither sensitive to nor compatible with the character and form of the surrounding community. The proposal fails to comply with the Urban Design Manual. The Proposal is supported by bald assertion. The Proposal does not constitute good planning and is not in the public interest. 16 of 16 Page 436 of 476 F SAM Student Housing Building Boom — Berkeley Planning Journal0 Date: Janua hcills/IberkeleypiannincjournaLcomlurb nfrin�e12C11�I on iructina-o-coil ce toy.=�-cii lacernent in- t�,rier7i housin�huilriing-�oom Constructing a College `Town: Displacement in a Student Housing it i Nick Pevintor.l,fn Hofrnann September 13, 2017 a Waterloo, Ontario, a city of about 100,000 people in a metropolitan area of roughly half a million, is home to both the University of Waterloo and Wilfred Laurier University. Substantial increases in enrollment at these institutions over the 2000s and early 2010s have contributed to a recent building boom in privately - developed, off -campus, purpose-built student apartments centred on the Northdale neighbourhood, located between the two universities (Figures 1, 2). While the formerly middle-class postwar suburban neighbourhood dominated by single -detached bungalows had previously been increasingly occupied by student renters, the municipality has since acted as an enabler by rezoning much of the area to accommodate high-rise residential towers—in some cases up to 25 storeys (Figure 3). These drastic urban changes engender displacement in a number of forms across spatial scales ranging from the local to the transnational and at various temporal moments. Figure 1: The location of Northdale and adjacent universities. Numbers indicate the locations of photos in this essay. Map Source: 2016 Google Page 437 of 476 Page 438 of 476 Figure 3: Student housing towers, some up to 25 storeys, now dominate what was previously a low-density suburban neighbourhood characterized by single-family homes and strip malls. Photo: Author The first form of displacement unfolding in Northdale is direct displacement. Here, student housing development aligns most closely with conventional understandings of new -build gentrification and property - led urban redevelopment. Relatively affordable market -rate apartment buildings are boarded up, torn down, and replaced with student suites only months later, their former inhabitants forced to live elsewhere (Figure 4). New mid- and high-rise student buildings also physically take the place of the post-war bungalow homes that were there before (Figure 5). Figure 4: On the left, a relatively low -rent apartment building is boarded up prior to demolition in February, 2016. On the right is the same site in October, with student housing development well underway. Photo: Author Page 439 of 476 Figure 5: Bungalow homes such as these are typical of Northdale's original development. Photo: Author One might counterclaim that since some of these houses were owner -occupied, this is not truly displacement as owners were well -compensated for selling their properties to developers, which— presumably—they did of their own volition. This perspective overlooks the actual sequence of events: as high-rise developments took hold on the edge of the blocks along arterial roads and houses mid -block were leased to students, the character and morphology of the neighbourhood itself changed. The change is partly social: student neighbourhoods are notorious for rowdy behaviour, unkempt properties, and parking issues, and Northdale is no different (Figure 6). It is also physical: new buildings remake the streetscape, and quite literally cast shadows across the institutions of the neighbourhood (Figure 7). This portends a second form of displacement, or rather, displacement, whereby a neighbourhood's initial inhabitants no longer find themselves belonging in the area through a loss of sense of place (see "L+e nj- _lil�i c$ wq flcafl�r: its histories traiectories,_and critical �eor€sa;,hieq' �f Qavicison,a;;d Lees) especially, in this case elderly residents wishing to age in place. They are out -of -place; in a word, displaced. Many are thus coerced to sell out. As these homes are rented or redeveloped to house more students, a vicious cycle is perpetuated. Displacement begets displacement begets displacement.... Figure 6: Couches on the lawn and waste and recycling bins in disarray (at right) form common complaints against student tenants in areas such as Northdale. Photo: Author Page 440 of 476 Figure 7: A modest Ukrainian Orthodox church is overshadowed by new buildings near Wilfred Laurier University, just outside the Northdale neighbourhood. While this particular development is not marketed specifically to students, its proximity to the university means it will likely be heavily occupied by students and young professionals. Photo: Author A third form of displacement is that of ier,ClLs r 3_�Yyji:�i_4acerrien . That is, households who might otherwise move into this area are prevented from doing so. In theory, landlords cannot discriminate against non- students. But in practice, the student housing developments are marketed uniquely and aggressively to students. Agents of larger rental companies allegedly distribute fliers to freshman students (who typically reside on -campus for their first year) as early as the first day of orientation week. These campaigns are designed to instill a sense of urgency to find accommodation for the second year right away. Of course, the panic is manufactured. The oversupply of bed spaces in student housing is estinnated to be api roxim tCly- 00 units. Yet these surplus student units are unlikely to be occupied by non -student households (with perhaps the not -insignificant exception of recently graduated students). Indeed, it is hard to imagine a family with young children or a couple of elderly pensioners eagerly signing a lease to an apartment in a building otherwise full of undergraduate students. Furthermore, landlords are able to charge more by renting individual rooms within a unit to students than they are renting the whole unit to, say, a family. Rents are thus priced to be unconducive to non -student tenants. Many suites would be far too large for all but the largest families to fill anyway. The student housing neighbourhood thereby becomes an exclusive one. These forms of displacement are problematic for a number of reasons. Not only are direct displacement and displacement incredibly disruptive to the everyday lives of (former) neighbourhood residents, but all of these types of displacement serve to exclude non -students from important locational qualities, many of which are especially valuable to more marginal sectors of the population, including those with lower incomes or the elderly who are unable to drive. The neighbourhood is one of the best -served by transit in the city, with bus routes to all corners of the region, including three rapid bus routes (one of which will soon be replaced with light rail rapid transit). It is relatively proximate to shopping, services, and employment opportunities in Uptown Waterloo (the city's historic centre), as well as to Waterloo Park, a major urban green space. The city's N orthdaie o._nm n€ty_lunljrovernent Ellan of 20!2 calls for further quality of life improvements including streetscaping, active transport infrastructure, and mixed-use developments. The irony is that despite a professed vision to create an "inclusive" community in Northdale, the current reality suggests that the benefits of these improvements will accrue to an exclusive segment of the population, namely middle-class students (Figure 8). Page 441 of 476 Figure 8: Plans for Northdale call for improved urban amenities and the creation of a mixed-use district. Ratherthan foster mn inclusive and diverse community, many new businesses—such as the smoothie bar and marijuana paraphernalia shop in this recent development—serve primarily the young student population. Photo: Author Underlying these three tendencies is a fourth form of displacement associated with the transnational migration ofstudents toWaterloo's universities. |nfact, aooverall enrollment has increased, international students have accounted for onincreasing share ofthe total, even of domestic students in recent years, forming an important target market for student housing developers (Figure 9). Our intent is certainly not to pin local displacements upon the actions offoreign students. Rather, we would like to point out that even apparently voluntary decisions to study abroad are heavily influenced by global neocolonial power relations that generally (though not universally) For many, studying abroad isa Ci!�,:Ulc18oilviewed aonecessary toget ahead, orauan for those not admitted to top institutions in their home country. So while these transnational movements are not a form of forced displacement inany strict sense, neither are they completely neutral, structured aathey are bythe globally uneven geographies of higher education and power relations of neo -imperialism. It is also worth noting that many (but certainly not o||) international students may symptoms remarkably parallel tuthose ofdiap/aoement. Page 442 of 476 Figure 9: Signs in Mandarin advertising fast-food delivery in the food court of a student housing complex speak to the targeting of growing numbers of transnational students as an important market for developers. Photo: Author There is a temporal dimension to these displacements, each of which can be placed on a continuum from having already occurred to being currently underway. Direct displacement is nearly (but not entirely) complete, except perhaps around the edges of the neighbourhood. Indeed, it was largely complete even in advance of the Northdale plan, which cites the presence of very little owner -occupied housing at that time; rr=1tu�.(1_of Ilie rentai(tl�rx4� t 1R S pa ired to students. Displacement has followed a parallel trajectory as redevelopment has fostered both a changing landscape and sense of place, while encouraging direct displacement. In some ways, however, displacement may lie closer to the current end of our continuum, as early direct displacement did not entail large-scale re - workings of the built environment as do recent and ongoing developments. Contemporary concern exists for the preservation of important cultural and historical landmarks ill l!udinthe carr merx orati1Je Veterans Green and one of Ontario's first projects to house returning soldiers in 1946, later complemented by small homes constructed in 1948 for the same purpose (Figure 10). While the heritage value of these small homes is recognized in the Northdale plan, it offers few substantial protections. However, they do remain largely physically intact to date. Page 443 of 476 Figure 10: Small houses such as this one were built in the late 1940s to house soldiers returning from World War II, and are considered by many to be an important part of Waterloo's built heritage. The sign in the window, advertising a popular bar, is a common mark of student occupancy. Photo: Author Exclusionary displacement and the transnational displacements of students, meanwhile, are better characterized as ongoing phenomena. Unless more forceful measures are put in place to encourage affordable housing options for non -student residents, it is unlikely that exclusionary displacement can be reversed in Northdale. There is something of a feedback loop at play, where high concentrations of students dissuade non -students from locating there, regardless of the urban amenities on offer. The Ula exi_)el ioiI siuggpSts that policies to undo student concentrations within particular neighbourhoods range from ineffective (hoping students can be syphoned out of the neighbourhood by purpose-built developments) to deeply problematic (draconian and discriminatory restrictions on student rentals above some threshold). Transnational student rnobility is likely to continue as long as global power structures continue to exist, whether these construct Western institutions as "superior," valuate the cultural and symbolic capital of elites` study abroad, or incentivize schools to increase foreign student enrollment to maintain growth. Many of these issues are recognized locally. In September, 2016, the city—along with the Canada Mortgage and Housing Corporation—held a forum to discuss re;?urpsing�Lirnl_ s squftnt housing to address shortages of affordable housing and other needs. Time will tell if planners are able to reverse the negative effects of displacement and fulfil the Northdale plan's promise of creating an inclusive community. Evelyn Hofmann is a master's student in the School of Architecture at the University of Waterloo. Her thesis research is focused on the relation between contemporary border space in France and virtual utopian forces of migration. Nick Revington is a doctoral candidate in the School of Planning at the University of Waterloo. His research interests include housing, urban change, and the role of capital therein. Page 444 of 476 Check for updates Article Urban Studies Urban Studies 1-19 Post-studentification? Promises © Urban Studies journal Limited 2021 and pitfalls of a near -campus Article reuse guidelines: sagepub.com/journals-permissions DOI: 10.1177/00420980211021358 urban intensification strategy journals.sagepub.com/home/usi ($SAGE Nick Revineonen Institut national de la recherche scientifique, Canada Abstract The concentration of students in neighbourhoods through processes of studentification has often precipitated conflicts with other residents centred on behavioural issues and perceived neigh- bourhood decline. Dominant policy responses have been exclusive in nature, attempting to restrict where students can live or to encourage them to live in purpose-built student accommo- dation in designated areas. Drawing primarily on interviews with key informants in Waterloo, Canada, I examine a process of `post-studentification' where non -student residents are instead integrated into student -dominated neighbourhoods through urban intensification, promoted by an alternative policy approach. I outline this process and its links to other forms of urban change. Despite the promise of a more inclusive strategy to mitigate the challenges of studentification, I find that post-studentification is subject to several pitfalls related to local planning objectives, local contingencies and inequalities with respect to class, age and gender. Keywords gentrification, post-studentification, universities, urban development, youthification N Ail Received June 2020; accepted May 2021 Page 445 of 476 2 Urban Studies 00(0) Studentification, the process by which stu- dents become concentrated in particular neighbourhoods, is increasingly recognised as a global phenomenon. Recent studies doc- ument cases in Canada (Revington et al., 2020), Chile (Prada, 2019), China (He, 2015), Spain (Garmendia et al., 2012), the United States (Foote, 2017) and elsewhere since the process was identified in the United Kingdom over a decade ago (Smith, 2005). Despite the benefits that students bring to communities, studentification is associated with several issues relating to student beha- viour, poor property upkeep and the displa- cement of other residents, particularly in the Anglo-American context. Policies to miti- gate these issues generally fall into two inherently exclusive camps: attempts to limit where students live within an urban area, and efforts to encourage students to live in purpose-built student accommodation (PBSA) in particular areas. Student housing is one aspect of the broader `town and gown' relationship between universities and cities. Processes of studentification are therefore central to near -campus urban (re)development in a variety of international contexts (Nakazawa, 2017; Perry and Wiewel, 2005; Wiewel and Perry, 2008). This type of (re)development is implicated in other processes of urban change such as gentrification or `youthifica- tion' (Moos, 2016), whereby young adults are concentrated in certain areas (Bose, 2015; Moos et al., 2019). Drawing primarily on key informant interviews, I investigate the emergence of a novel policy approach to studentification and near -campus urban development, and a distinct trajectory of urban change associated with it, in Waterloo, Ontario, Canada. This policy and process of `post- studentification' represents a potential alter- native, based on a purportedly more inclu- sive urban vision, to existing policies meant to mitigate the perceived negative impacts of studentification. Examining the unfolding of this process illustrates the dynamism of studenti- fication (Kinton et al., 2018) and its links to other facets of urban change (Moos et al., 2019), along with pitfalls that inhibit this inclusive potential from being realised. The City of Waterloo (population 133,000), about 100 km west of Toronto and one of three urban jurisdictions within the Region of Waterloo (population 560,000), is home to the University of Waterloo (UW) and Wilfrid Laurier University (WLU). As the universities witnessed rapid enrolment growth over the 2000s, studentification of some near -campus neighbourhoods meant that by the early 2010s, they had developed a reputation as a notorious `student ghetto' (Waterloo Chronicle, 2010). Since then, the city has made a concerted effort to revitalise these areas. I begin by reviewing trajectories of stu- dentification, emphasising several of its most common variants, relationships to other dimensions of urban change, and political and policy responses. Next, I sketch a con- ceptual outline of post-studentification. I then describe the methods and introduce Waterloo's history of studentification. Subsequently, I empirically describe emer- ging post-studentification in Waterloo. Then, I evaluate this case of post-studentification from three perspectives: its achievement of local policy objectives, its local contingencies and its consequences for urban inequality. Finally, I reflect on theoretical and practical Corresponding author: Nick Revington, Centre Urbanisation Culture Societe, Institut national de la recherche scientifique, 385 rue Sherbrooke Est, Montreal, QC H2X I E3, Canada. Email: nick.revington@inrs.ca Page 446 of 476 Revington 3 implications regarding (post-)studentification and related urban processes. .� studentification Studentification is a dynamic process (Kirton et al., 2018) exemplifying several diverse trajectories. `Classic' studentification involves students living in shared accommo- dation within the existing housing stock (Smith, 2005). With enrolment increases out- pacing institutional provision of housing, small-scale investor -landlords purchase housing to rent to students, and occasionally convert interior common spaces to addi- tional bedrooms. This piecemeal investment often inflates property values even as the physical quality of the housing deteriorates. This type of studentification occurs within established neighbourhoods, with the great- est potential for `town and gown' conflicts as student lifestyles clash with those of existing residents (Smith, 2008). Disruptive beha- viour, noise, poor property upkeep and parking issues are oft -cited concerns in such neighbourhoods, sometimes alongside other deep-seated changes including the closure of schools and reorientation of businesses (Hubbard, 2008; Munro and Livingston, 2012; Sage et al., 2012; Smith, 2005, 2008). Existing residents are often displaced from a neighbourhood they perceive to be declining. A corporatised `new -build studentifica- tion' (Sage et al., 2013) subsequently emerged as private developers realised that students constitute a significant source of rental housing demand, while universities themselves could not fully accommodate this demand and existing rental housing was often of poor quality. Resulting PBSA typi- cally features higher -end amenities catering to a student lifestyle, all-inclusive rent and heightened security measures (Hubbard, 2009; Kenna, 2011). The luxury, quasi -gated nature of these developments raises concerns about the segregation of students from other residents, and of wealthier students from their poorer peers (Smith and Hubbard, 2014). An extreme result is what Smith (2018) has called `super-studentification': the emergence of ultra -luxury housing aimed at the absolute wealthiest of students. PBSA also became attractive in policy discourse, to address the perceived issues of `classic' studentification by redirecting stu- dents away from established neighbour- hoods (Hubbard, 2009; Smith, 2008). This strategy is not guaranteed to be successful (Revington et al., 2020; Sage et al., 2013) but, where it is, the outcome is often `de- studentification'. De-studentification refers to an emptying of neighbourhoods of stu- dents, either as local enrolment declines, or as students are shuffled into new PBSA or other near -campus housing developments (Kinton et al., 2016, 2018; Mulhearn and Franco, 2018). De-studentification therefore results in the vacancy of neighbourhood housing units, or their re -conversion to other uses such as single-family housing. Studentification has also been linked to other urban processes. Several studies con- sider the spatial and temporal overlaps between studentification and other urban changes (Foote, 2017; Moos et al., 2019; Revington, 2018). Urban universities often seek to gentrify their surroundings to create an attractive environment for prospective students and faculty (Bose, 2015; Ehlenz, 2019; Etienne, 2012; Mapes et al., 2017). Likewise, a by-product of central -city revita- lisation might be to attract more students to a gentrified area (Bromley et al., 2007). Studentification and gentrification may also coincide as students, and PBSA develop- ments, actively displace working-class neigh- bourhoods (Pickren, 2012; Sage et al., 2012). Conversely, students may be `marginal gen- trifiers' (Rose, 1984) who, attracted to cheap rents, prime a neighbourhood for subse- quent gentrification (Davison, 2009). There Page 447 of 476 4 Urban Studies 00(0) is also evidence that studentification can lead to youthification, or a concentration of non- student young adults in dense urban areas (Moos, 2016), as it shapes post -graduation housing preferences (He, 2015; Sage et al., 2013; Smith, 2005). Studentification and youthification may occur simultaneously if urban amenities cater to young adults regardless of educational status (Ma et al., 2018; Moos et al., 2019). While some municipalities have addressed studentification issues through increased law enforcement (Evans -Cowley, 2006), else- where researchers have documented a dis- course of `thresholds', whereby non -student residents view their neighbourhoods reach- ing a `tipping point' once a certain number of households are student -occupied. Once this threshold is reached, according to this narrative, the neighbourhood is irreparably changed and becomes a distinct student area. This discourse is hugely problematic from a moral standpoint, as it adopts discri- minatory attitudes considered unacceptable in the context of race or ethnicity, effectively penalising all students for the behaviours of a subset (Hubbard, 2008; Munro and Livingston, 2012). Yet, it remains a central feature in many attempts to regulate studen- tification through policy. In practice, the threshold discourse has manifested in attempts to limit the number of students residing in an area. One approach places restrictions on rental hous- ing (Ruiu, 2017), sometimes directly limiting the number of properties in an area that can be rented to students (Hubbard, 2008). Indirectly, regulations may target students by capping the number of unrelated persons that can live together (Pickren, 2012) or by requiring a minimum distance between rented houses (Revington et al., 2020). An alternative strategy encourages PBSA devel- opment in designated areas (Hubbard, 2009; Sage et al., 2013; Smith, 2008). While the framing of new -build studentification is more positive, as it focuses on providing housing for students rather than explicitly restricting it, ultimately the policy objective remains the same: reducing the number of students in established neighbourhoods to ensure a `balanced' mix of population (Smith, 2008). concei2tual outline Another type of neighbourhood transition that might be referred to as `post-studentifi- cation' is possible, whereby heavily studenti- fied neighbourhoods adopt a more `balanced' (Smith, 2008) mix of population that retains a high proportion of students while gaining other residents. From a conceptual standpoint, beyond an influx of non -students into a previously (and perhaps still) student -dominated area, post- studentification would involve shifts in urban development from the unique provi- sion of PBSA towards housing that accom- modates a broader range of residents, and public and private amenities that cater to a more diverse population. The specific char- acteristics of new residents are not central to the definition of post-studentification, and therefore the links to other processes of urban population change remain an empirical question. For example, post-stu- dentification could represent a process of marginalisation where residents lacking other options are forced to live in a student precinct, or a process of gentrification as quality amenities attract high-income residents. However, the potential for post- studentified neighbourhoods has important theoretical and policy implications given the centrality of student/non-student conflicts in local politics of the `town and gown' rela- tionship in a variety of international Page 448 of 476 Revington contexts (Nakazawa, 2017). In particular, the concept of post-studentification contests the inevitability of the threshold discourse. It allows for alternative trajectories of stu- dentification, which may result in vastly dif- ferent outcomes, including an ostensibly more inclusive brand of urbanism than the threshold discourse promotes. Commentators have observed a `blurring' between accommodation for students and other populations, particularly young adults, with firms increasingly occupying both PBSA and co -living niches, or offering hous- ing targeted to both groups simultaneously (CBRE, 2020; Uyttebrouck et al., 2020; Winchester, 2021). Some PBSA providers have begun offering `similarly managed properties upon graduation', with `develop- ments promising "hassle -free graduate hous- ing"' (Hubbard, 2009: 1908). This blurring extends to lifestyles, as `many recent gradu- ates may continue to deploy their cultural capital, in lieu of economic capital, by carving out distinctive residential niches, and reproducing the cultural practices of studenthood to maintain social and cultural identities' (Smith and Holt, 2007: 156). Meanwhile, condominium developments have allowed buy -to -let investors to access these asset classes, and enabled owner - occupation by non -students (Mulhearn and Franco, 2018; Revington and August, 2020). These trends represent a reaction to per- ceived or anticipated overbuilding in the PBSA sector, as owners reposition assets to appeal to a wider market, and as a response to broader housing market challenges facing young adults in particular. Some examples of university -led revitalisa- tion may also represent post-studentification instead of conventional gentrification if the incumbent population is low-income because it is temporarily poor students as opposed to long-term working-class residents (Ehlenz, 2019; Moos et al., 2019). This distinction is important insofar as these schemes differ in the social and physical issues they purport to address, and in their impacts, for instance via displacement. Here, post-studentification represents a response to the particular social, behavioural and physical issues that studenti- fication presents, distinct from the concerns of revitalisation projects that attempt to address concentrated poverty through mixed - income redevelopment (Lees, 2008; Rose et al., 2013). Despite similarities to de-studentification, post-studentification differs in several impor- tant regards. Smith (2008: 2552) defines de- studentification as: the reduction of a student population in a neighbourhood which leads to social (for example, population loss), cultural (for exam- ple, closure of retail and other services), eco- nomic (for example, devalorisation of property prices) and physical (for example, abandon- ment of housing) decline. Kinton et al. (2016: 1619) emphasise that de- studentification is dependent on a large oversupply of student housing, attributable to `lower proportions of students living off - campus and lower population densities in some classically studentified neighbour- hoods'. In contrast, as the ensuing case demonstrates, post-studentification bears none of these hallmarks of decline, nor does it entail a decrease in the student population. Private developers and landlords may expand their target market from students to a broader range of population as a response to de-studentification (Kinton et al., 2016) but this trend does not depend on de-studentification per se. Rather, post- studentification represents a mutation of the studentification process that begins to dis- solve the distinction between students and other residents. Nor is post-studentification to be equated with co -living. However, inas- much as co -living is integrated into Page 449 of 476 6 Urban Studies 00(0) studentified neighbourhoods, it may be one element thereof. The Waterloo case provides an example of post-studentification as an explicit policy approach for dealing with stu- dent housing issues. I examine incipient post-studentification in Waterloo, Ontario, drawing on semi - structured key informant interviews (n = 33) in the local real estate and plan- ning sectors (developers, brokers, landlords, property managers and planners), student organisations and universities, to outline the driving factors behind post-studentification as both policy and process. Interviews, con- ducted in June -November 2018 and aver- aging approximately 45 minutes in length, were recorded, transcribed verbatim and manually coded. Codes were assigned according to predefined themes and to new themes that emerged in the process of analy- sis (Palys and Atchison, 2014). Each theme was subsequently re -coded, resulting in finer distinctions between sub -themes and new general themes. This procedure resulted in a refined picture of urban planning and devel- opment in Waterloo's near -campus neigh- bourhoods. The study is also informed by a systematic review of planning documents and news media in the context of a larger research project on studentification (Revington, 2021; Revington and August, 2020; Revington et al., 2020). Context: Studentification in Waterloo Waterloo is often held as a paragon of the knowledge economy within Canada. The region forms the western terminus of the `Toronto -Waterloo Innovation Corridor', which claims the second-largest concentra- tion of tech start-up firms globally (Corridor, n.d.), and local development stra- tegies have emphasised high-tech industry following deindustrialisation and the loss of traditional manufacturing employment. However, Waterloo is the longstanding home of several major insurance firms' headquarters and accompanying high -order service employment. UW, WLU and poly- technic Conestoga College play a crucial role in the local economy, with UW particularly known for its connections to local industry, its role in regional innovation and its strengths in engineering and computer sci- ence (Bramwell and Wolfe, 2008). With strong employment growth in the local tech sector, the region experiences substantial endogenous demand for housing. However, Waterloo also sees considerable spillover from nearby Toronto's expensive housing market. Regional and provincial growth controls limit low-density urban sprawl, gen- erating substantial demand for apartments and condominiums as a cheaper alternative to detached home ownership. Studentification in Waterloo is detailed extensively elsewhere (Charbonneau et al., 2006; Revington, 2021; Revington and August, 2020; Revington et al., 2020). In brief, as enrolment increased rapidly at UW and WLU over the early 2000s, the existing municipal lodging house licensing system became untenable. This system had sought to limit concentrations of students by insti- tuting a minimum -distance separation between lodging houses. Increasing housing demand from students therefore led to early studentification farther afield from the cam- puses and strong incentives for landlords to flout the rules in near -campus neighbour- hoods. A court challenge in 2003 rendered the lodging house bylaw unenforceable. Meanwhile, the city was running out of developable land, with no prospect of annex- ing additional space within the regional gov- ernment framework. Intensification along Page 450 of 476 Revington 7 'fable 1. Population and dwelling characteristics, Northdale neighbourhood a 2001 2006 2011 2016 Homeownership rate 29% (67%) 19% (70%) n/a (70%) 631. (68%) Population aged 20-24 24%(7966) 54% (8%) 53% (7%) 63% (7%) Dwellings in apartments, five storeys or more 18% (1 1 °lo) 11% (10%) 13% (10%) 68% (1 1 %) Total dwellings 955 940 620 1460 Source: Calculated by the author based on census data (Statistics Canada, 2018). Note: Kitchener -Cambridge -Waterloo Census Metropolitan Area in parentheses! Census tract 106.0 1, which contains Northdale. nodes and corridors was seen as the solution to both the land supply issue and residents' concerns about studentification in near - campus neighbourhoods. This planning model was adopted in 2005 in the hopes that new apartments developed in the nodes and corridors near the universities would draw students out of other residential areas. Despite early PBSA construction in the nodes and corridors — largely low-rise apart- ments containing four five -bedroom units each — students continued to concentrate in the Northdale neighbourhood, an area of suburban detached houses between UW and WLU. Northdale has long been a student area. While the census does not directly identify post -secondary students, and tends to under- count students in situ as they are often enumerated at their `permanent' residence (i.e. at their parents' house) rather than at their `temporary' term -time address, the cen- sus tract containing Northdale nonetheless registered strong evidence of studentification in 2001, with nearly a quarter of residents aged 20-24 (over three times the metropoli- tan average) and a homeownership rate less than half the metropolitan average (Table 1). By 2006, over half the population was aged 20-24, and the homeownership rate had fallen by a third. A 2011 survey of Northdale found that in the three survey subareas, respectively, 77%, 81% and 97% of dwelling units were student -occupied (MMM Group, 2012b). Existing residents expressed frustration with the ongoing impacts of studentification, namely rowdy behaviour, noise and physical deterioration of the neighbourhood, which made it difficult to sell their houses to poten- tial long-term residents. Investors, mean- while, preferred to buy properties in the designated nodes and corridors where they could redevelop at higher density. These investors increasingly included large finan- cial players building bigger PBSA projects (Revington and August, 2020). Land clear- ing related to accelerating development explains the substantial drop in total dwell- ings in the neighbourhood between 2006 and 2011 (Table 1). In response to public pressure, the city commissioned the Northdale Land Use and Community Improvement Plan Study in 2012 (hereafter `Northdale Plan'), with the following vision statement: `By 2029, Northdale is revitalized and reurbanized into a diverse, vibrant and sustainable neigh- bourhood, integrated with educational, resi- dential, commercial, cultural, heritage and recreational functions, and improved open space, pedestrian, cycling and transit net- works' (MMM Group, 2012a: 25). Attracting non -students is a centrepiece of this vision, as the plan aims to `provide a new opportunity for permanent residents to Page 451 of 476 0 Urban Studies 00(0) gaParkvFa )� Y e� iia\'� ' nestogn � sCollege w� ' Wilfrid Lnut ger; ujlivcrsity 1r ivv 00 o T � s $ PBSABuildingPermits t o+ilfrid Satellite Campus ��1II•tiUjtcrloo- 1.nnrlcrlT, c Ph n•ninc3• Social'Alork Primary Campus r Norlhdate Plan `+ ' f �. NJVill0.4i t7, � o Downtown waterloo Region tgo Nodes (Conceptual). �" Cnnjpns 0 t 2 Kilometres Corridors (Conceptual) K I T C 11 E N I� R Figure 1. Planning and PBSA development in Waterloo. Source: Created by the author with data from the Region of Waterloo. live in a mixed use, urban neighbourhood' (MMM Group, 2012a: 24) and accommo- date `a diverse demographic including stu- dents, families and professionals' (MMM Group, 2012a: 26). While not specified in the plan, respondents expressed that the long-term goal is for one in three residents to be non -students (planner PO4; Councillor Jeff Henry). To achieve these ends, the Northdale Plan allows for intensification throughout the neighbourhood, with maximum heights ranging from six to 25 storeys. The plan des- ignates much of the neighbourhood for mixed use, requiring ground -floor retail spaces in residential buildings and a higher standard of urban design. It incentivises smaller one- and two-bedroom units - in contrast to the preponderance of five - bedroom units that previously dominated development in the neighbourhood - through changes to the development fee structure and by tying parking requirements to the number of bedrooms rather than the number of units. The plan relies heavily on market development to catalyse neighbour- hood change, but has also been accompanied by municipal investments in the public realm. The plan has resulted in sustained redeve- lopment in the near -campus area (Figure 1), making Waterloo by far the largest concen- tration of PBSA in Canada, with over 17,000 bedrooms (Revington and August, 2020). By 2016, nearly two-thirds of the population were 20-24, over two-thirds of dwellings were in apartments of five storeys or more (Table 1) and the homeownership rate was a paltry 6%. With several large residential projects completed, the total number of Page 452 of 476 Revington 9 Figure 2. PBSA building permits, City of Waterloo. Source: Calculated by the author with data from the Region of Waterloo. dwellings had rebounded to exceed 2006 lev- els by 55%, signifying intensified studentifi- cation but also enabling an incipient process of post-studentification. Contrary to other prominent examples (Bose, 2015; Ehlenz, 2019; Etienne, 2012; Mapes et al., 2017), Waterloo's universities have had a minimal role in near -campus urban redevelopment. While they did con- struct some new residences on existing uni- versity lands — and WLU acquired some private PBSA, largely with a view to long- term land banking rather than providing housing, per se — by and large, development has been left up to the private sector to build and the municipality to regulate, with little involvement of either university. Residential development A primary factor in this incipient process of post-studentification has been a reorientation of the actual residential development activity from a focus exclusively on students to a broader market. As developers realised the PBSA market was becoming saturated, some deliberately shifted the style of building they constructed and correspondingly the demo- graphics to which they marketed their prod- ucts. One planner (PO2) observed that `they are being marketed now towards students - slash -young professionals, and there's an additional emphasis on this, young profes- sionals'. For a developer (L10): What we build now is we focus more on what I'd refer to as market condos or market units, a typical unit layout and type of building that would be generic for any urban centre, and build them near universities. Another (R06) agreed that in addition to students, `we were trying to appeal to people who actually work in Waterloo' because `they can afford something that is a little bit better than what a student could'. While Page 453 of 476 10 Urban Studies 00(0) developers emphasised market shifts, plan- ners highlighted the Northdale Plan's incen- tives for smaller units: `the hope is' that the plan will `bring about that balance' between students and non -students by having `that right product, and having a product that is more attractive to non -students' (PO4). Not - In -My -Backyard -ism prevalent elsewhere in the city is less likely to be experienced in stu- dent -dominated Northdale (P06; Revington, 2021), making it an attractive location for non- PBSA development. These dynamics are captured in local build- ing permit data (Figure 2). While the average number of bedrooms per unit of PBSA hov- ered just below five into the mid -2010s, this fig- ure plummeted to below two for projects completed in 2016-2018. Since there is no legal distinction between PBSA and other apart- ments in Ontario, its classification here is deter- mined by regional planners based on how the development is marketed, which has been `becoming more and more difficult over time' (P02), a poignant illustration of how post- studentification represents a blurring between conventional PBSA and housing targeting other demographics. For one broker and property manager (L09), the distinction between student hous- ing and the rest of the market is becoming irrelevant: I don't think there is [a definition of student housing] anymore ... it's so diverse that I think it's somewhat become meaningless and some of the student housing, or housing rented by students, could easily be rented by non- students, whether they be twenty years old, thirty years old, or seventy years old, and cer- tainly some of them could well also be owned and lived in long term [by] families. Population changes One long-term goal of the Northdale Plan is for one in three Northdale residents to be a non -student, a clear policy of post- studentification. Progress towards this goal is unclear. According to the councillor for the ward containing Northdale, Jeff Henry, `it's not information you can collect, and nobody really does collect it'. Nonetheless, interviewees indicated that a process of post-studentification was underway. Several key informants reported non- students increasingly moving into buildings in and around Northdale. One broker's (R02) client had a development near UW that was `seeing more non -students rent there than students now, overall'. Planners monitoring development around Northdale observed developers selling condos to non- students for owner -occupation. As one plan- ner (P03) explained, `There's a lot of techies that would look at these buildings as a stop- gap to something else,' for instance while saving to buy a larger house. The area is close to major nodes of professional employ- ment, including the universities, UW's Research and Technology Park, adjacent offices and Uptown Waterloo, making it ideal for young professionals. According to Ulrike Gross, responsible for WLU's real estate portfolio, `it's really a terrific opportu- nity to be very close to where they work and what that means is that you get away from the homogeneous student ghetto and to a more diverse demographic living in this housing area'. Reportedly, this trend is par- tially driven by tech companies `looking for large-scale rentals, so they're taking blocks, you know, 10, 12 units at a time' to house employees, but also to some extent by seniors looking to downsize (R02). High-density housing mitigates some of the negative aspects of studentification, inducing some non -students to live in or near Northdale. According to one planner (P06), `there's not that opportunity in an apartment building, to have great big, huge outdoor parties [... ] which, when it gets out of hand, can be negative'. A broker (R04) agreed that despite its shortcomings, `it's still Page 454 of 476 Revington I I way better than those run-down houses with kids urinating on the bushes on Friday night and sun -tanning up on the roof . Another element driving post- studentification in Waterloo has been high regional housing prices. For one developer (L10), `there's other towns with universities [in Ontario] where you can still buy a house for like CA$250,000, whereas in Waterloo, you'd be hard pressed to buy one for less than CA$500,000. So that's an important factor for us.' Young professionals in the tech sector see these condos as affordable relative to other major centres of the tech industry like Toronto or San Francisco. Moreover, the tight housing market has mitigated against the urban decline associ- ated with de-studentification (Kinton et al., 2016) of other neighbourhoods precipitated by the high volume of new development in Northdale. New amenities Undoubtedly, part of the neighbourhood's success in attracting non -student residents has depended on improvements to public and private amenities. One planner (PO4) explained: `That's needed to support and have a complete neighbourhood, so people have a place they're hoping to live, work, learn and play.' An economic development planner reported, `now all of a sudden, going from zero amenities, there's over 25 shops and stores now in Northdale' (P05). For one broker (RO1), this was a `big driver' in mak- ing the neighbourhood appealing, `especially as things go forward, where buildings are built with amenities in them. So amenities being, you know, Asian restaurants, or Wacky Tabacky [marijuana paraphernalia] shops, or whatever it is, I think that's becom- ing more and more important.' While some of these amenities certainly remain oriented to the student demographic, others have become a `kind of hidden gem type place' (student leader, S01) that, at least anecdo- tally, attracts customers from across the region. In a sense, Northdale is becoming `almost a second downtown if you will' (broker R02), and with additional developments ongoing, `we won't recognize it, and I think everyone's going to be pretty happy with the end result, considering where we came from' — a heavily studentified neighbourhood of run-down housing, few amenities and a neg- ative public perception. As a result, `Other people are going to want to go there on a Friday night besides students, right? And other people will be there on a July after- noon, because all the students are gone.'l Indeed, that is the as -yet unrealised ideal of post-studentification. `From a city stand- point, that would be desirable, wouldn't it?' (R04). The city has invested in public infrastruc- ture, including streetscaping and parkland. Infrastructure provided by the regional gov- ernment, like the new light rail line that passes between Northdale and UW, may also encourage development. According to one planner (P06), `it's transit -supportive development, or maybe the transit is sup- porting the high-density development', but ultimately the outcome is `a more complete and attractive street'. Meanwhile, WLU is working closely with the local school district and the City of Waterloo to create a com- munity space on joint properties in the area. This section advances a critique of post- studentification as experienced in Waterloo. First, the Northdale Plan is limited in its ability to attract a substantial diversity of residents. Second, where it has succeeded, it has benefited from local contingencies that may not exist in all contexts. Finally, and Page 455 of 476 12 Urban Studies 00(0) most importantly, post-studentification has reinforced urban inequalities along the axes of class, gender and age. Achieving intended outcomes Despite attracting new types of housing, res- idents and amenities — and the enthusiasm of some planners and real estate profession- als regarding these changes — in other respects, the Northdale Plan is less certain to meet its goals. Northdale continues to hold a negative perception as a studentified area or little more than a `nice student ghetto' (broker R04), a challenge that also faces de- studentified neighbourhoods (Kinton et al., 2016). Another (R03) concurred that `those buildings are typically in locations most ren- ters wouldn't want to live, because they're in student -ghettoised areas'. Therefore, the appeal to non -students remains limited: Once you kind of graduate, you're looking for more: I don't want to deal with roommates anymore, [... ] I kind of want my own space. And I can probably find cheaper living not in a student area. Because as soon as you don't have to live right by the university, your options are a lot more open. (Property man- ager L04) Some questioned whether the type of hous- ing provided — increasingly, small one- and two-bedroom condos — would be suitable for families (P02). As a result, non -student residents in Northdale are often marginal non -students - 'acquaintances, friends or spouses of stu- dents' (property manager L09) or recent graduates. A researcher at a brokerage (R05) suggested that: people would probably live there because it's comfortable for them because they moved there when they were in school, and then when they start to make more money, they'll move out of there [... ] I don't think someone's going to physically move in to this if they haven't lived in [PBSA] before. In other words, while `that's no longer [... ] technically considered a student', it represents `a very similar demographic and profile very often, and a very similar lifestyle' (1,09). It is therefore unclear to what extent non -student residents are meaningfully different from stu- dents with respect to the planning goal of achieving a mixed population. Moreover, while the goal of one in three Northdale residents being non -students is perhaps realistic, it is not particularly ambitious, and there is no mechan- ism for monitoring it. Another challenge pertains to the neigh- bourhood's mixed-use component, particu- larly retail space. Balancing the quantities and timing of individual uses is a common issue in mixed-use development (Beauregard, 2005). Despite some successful businesses, interviewees noted that others have struggled and several spaces remained vacant (prior to the COVID-19 pandemic). New retail spaces compete with successful pre-existing com- mercial plazas at either end of the neighbour- hood, yet Northdale lacks key services such as a grocery store. Local contingencies Whatever the benefits and flaws of post- studentification, the question remains to what extent the process is likely to unfold in other contexts, and therefore whether post- studentifica.tion is a feasible alternative to seg- regationist strategies to deal with studentifica- tion, such as limitations on the number of student -occupied houses within an area or encouraging PBSA away from established neighbourhoods (Hubbard, 2008, 2009; Pickren, 2012; Revington et al., 2020; Ruiu, 2017; Sage et al., 2013; Smith and Hubbard, 2014). Several contextual elements in Page 456 of 476 Revington 13 Waterloo that have contributed to post- studentification may not be present everywhere. For one interviewee, the blurring between housing for students and non -students was specific to the local economic development focus on high-tech industry, which has bol- stered housing demand. `London [Ontario] has a great university, no one stays in London. They go there to get their degree. Waterloo, they come there and they stay there and they open up business' (R04). As a result, `Waterloo has an advantage that Toronto would have, that maybe McGill [University, in Montreal] would have, that Kingston [home to Queen's University] wouldn't have. [... ] There's just that natural employment base there.' UW is known for spurring spin-off businesses and generating talented workers for the regional economy (Bramwell and Wolfe, 2008). While the vol- ume of tech employment is important, so is its location proximate to the universities. Office space along Phillip Street, immedi- ately north of Northdale, has recently seen `close to 4000 new jobs, wherein all these companies are hiring young talent', accord- ing to an economic development planner (P05). `So if you're in fourth year university, fifth year university, come out of school, where you going to live? Well, probably nearby.' Other place -specific features such as Waterloo's recently revitalised central Uptown area are attractive to young work- ers and students alike, as one broker (R04) described: `It's like Nashville, it's just a cool place.' While comparisons to the country music capital of the world may be hyper- bolic, both the City and Region have emphasised graduate attraction and retention in their economic development strategies by, among other things, seeking to ensure a variety of cultural amenities and housing types (e.g. City of Waterloo, 2017; Malone Given Parsons, 2014). Waterloo's `planning for "cool"' (Vinodrai, 2018) extends beyond Northdale. For post- studentification to occur, a planner (P05) summarised, `you need high growth univer- sities, [... ] and you need a strong tech sector and economy'. In contrast, cities with weaker employment and housing markets may not be able to realise intensive develop- ment supportive of post-studentification. Even with this type of development, the resulting surplus of housing could lead to more afford- able rents, but also de-studentifica.tion, disin- vestment and decline in some parts of the city (Kirton et al., 2016; Mulhearn and Franco, 2018). Implications for urban inequality Post-studentification in Waterloo is effec- tively a form of gentrification, representing a continuation from studentification-as- gentrification, as PBSA has displaced more affordable housing and non -student popula- tions (Revington and August, 2020). As one student leader (S01) said, `if you're looking for more affordable rent, you can't ... you have to move further out, essentially'. This relationship is intrinsic, according to a plan- ner (P05): if you want to attract a more diverse neigh- bourhood, it can't all be run-down student housing. So the idea of walk-in clinics, new streets being developed, high-end finishes, that means the cost of the projects goes up [...]. There's no more cheap housing. This class -based exclusion is unsurprising as housing in high -amenity mixed-use areas is often less affordable than elsewhere (Moos et al., 2018). In theory, the intermixing of students and non -students could be desirable for reducing age segregation and fostering intergenera- tional understanding rather than exacerbat- ing town and gown conflict (Revington, 2021). However, in practice this is limited, Page 457 of 476 E since post-studentification has tended to involve `marginal non -students'. These recent graduates, dropouts, young profes- sionals and friends or partners of students often have similar lifestyles to that of stu- dents (Smith and Holt, 2007), and while they may be slightly older than most students, they do not contribute substantially to alter- ing the neighbourhood's age profile. Post- studentification can therefore be considered a form of youthification (Moos, 2016), pro- viding a concrete link between youthification and universities (Moos et al., 2019) and rein- forcing age segregation. These class- and age -based inequalities also intersect with issues of gender. As fem- inist scholars note, urban planning and development are often masculinist as they overlook social reproduction and care work, and emphasise interurban competition and profit (Curran, 2018). This is true of Northdale, where post-studentification has been driven by economic development stra- tegies that favour competition based on the highly gendered tech sector. The Kitchener - Cambridge -Waterloo metropolitan area is one of only two in Canada with a higher male share of the unmarried, university - educated 25 -34 -year-old population (Flanagan, 2018).2 Meanwhile, public amenities specifically geared to the young professional and stu- dent population that dominates the neigh- bourhood, rather than children or older adults, are not necessarily conducive to social reproduction and care work. The lack of amenities for these groups reinforces age segregation by reducing the area's appeal to them. Likewise, the increasing prevalence of one- and two-bedroom apartments suggests a lack of housing appropriate for larger households with children, as one planner (P02) was hesitant to outright admit: But definitely marketing towards these smaller units, it may be an issue because one thing that Urban Studies 00(0) we have been hearing — so this isn't something we're saying, but something we're hearing — is kind of the lack of family-oriented sized units, or units in buildings that might be of interest to a family. This type of housing also limits possibilities for multi -generational living, which could otherwise offset age segregation (Curran, 2018). Post-studentification in Northdale is per- ceived to entail young professionals tempo- rarily occupying a lower step on a housing ladder, reflecting and reproducing certain gendered assumptions about housing. First, there is an expectation that family and detached home ownership are the eventual goal, and second, that high-density urban environments are not appropriate for raising children (Curran, 2018; Fincher, 2004; Kern, 2010; Raynor, 2018). Negative perceptions (and ongoing realities) of studentification in Northdale likely reinforce these assumptions, even where five -bedroom units in older PBSA may technically be large enough to suitably house larger households with children. Post-studentification represents a dynamic evolution of the studentification process that brings non -student residents into studentified areas and witnesses a blurring of the distinc- tion between housing intended for students and that targeted towards other demographics. Contrary to de-studentification, however, post-studentification is not associated with a declining student population and an influx of other residents to fill the resulting void. On a conceptual level, through the potential to integrate a diversity of residents across a wide cross-section of the population, post- studentification offers the possibility of a more inclusive, equitable urbanism than is advanced by conventional processes of stu- dentification and associated exclusionary Page 458 of 476 Revington policy responses. Existing policy approaches have sought to achieve `balanced' popula- tions by limiting the number of students in an area or by encouraging the construction of exclusive PBSA set apart from other neighbourhoods (Hubbard, 2008, 2009; Pickren, 2012; Revington et al., 2020; Ruiu, 2017; Sage et al., 2013; Smith and Hubbard, 2014). Alternatively, greater enforcement of regulatory codes risks disproportionate impact on racialised low-income non -student residents (Bose, 2015; Evans -Cowley, 2006). Yet in Waterloo, where the city has adopted an explicit policy of post- studentification relying heavily on market- based redevelopment to revitalise the near - campus Northdale neighbourhood, the result has not been a diverse and inclusive urbanism. In practice, post-studentification in Waterloo has been largely limited to a marginal non -student demographic includ- ing friends of students and young profes- sionals. Northdale has not entirely shed its reputation as a student area, and small apartments are perceived as unsuitable for families. Post-studentification has therefore represented a continuation of gentrification and the displacement of affordable housing, has had minimal capacity to reduce age seg- regation and has reproduced gendered assumptions regarding urban development. For post-studentification to actually result in a more diverse and equitable urbanism would require vastly more support for public services and amenities catering to a broader range of residents, such as schools and affordable housing options, as well as provi- sions to ensure housing perceived as suitable for households with children. In short, it has suffered many of the shortcomings of conventional market-driven redevelopment schemes (Lees, 2008; Rose et al., 2013). While some elements of post- studentification are widespread, such as a blurring of the boundaries of both student housing and lifestyles (CBRE, 2020; E Hubbard, 2009; Smith and Holt, 2007; Uyttebrouck et al., 2020; Winchester, 2021), the Waterloo case suggests that post- studentification is most likely in cities that Foote (2017) describes as `knowledge nodes'. These cities host large research -intensive uni- versities and have experienced strong growth in professional employment, attracting young adults and resulting in comparatively expensive housing markets. However, the Waterloo experience also suggests that absent deeper interventions, post-studentification will likely be limited to a hybrid mix of PBSA, co - living apartments and condominiums geared towards young professionals. While connections between studentifica- tion and youthification have been identified (Moos et al., 2019; Revington, 2018), the particular pathways of this relationship remain largely unspecified. This study finds that post-studentification is closely tied to youthification, and therefore represents one `mechanism of youthification' (Ma et al., 2018). Youthification follows studentifica- tion within a neighbourhood due to the char- acteristics of the local housing stock, public and private amenities and broader regional housing and employment market trends. Specifically, high housing costs and local planning provisions have favoured the devel- opment of high-density housing, beyond five -bedroom units in PBSA, in near -campus neighbourhoods where students already live. That youthification proceeds from studen- tification via the mechanism of post- studentification lends empirical support to the notion that studentification shapes stu- dents' post -graduation housing decisions (He, 2015; Sage et al., 2013; Smith, 2005; Smith and Holt, 2007), albeit in a limited way. Former students may remain in a familiar neighbourhood and housing arrangement as they bide their time before they are able to realise longer-term housing aspirations. These long-term aspirations may be quite unlike those offered in PBSA: life in studentified Page 459 of 476 16 Urban Studies 00(0) neighbourhoods might shape former stu- dents' tolerance for certain types of housing rather than their ultimate preference. Further research is needed to determine the extent of post-studentification in other contexts, and the potential for more success- ful policies of post-studentification, however defined. Empirically, examples of more `complete' processes of post-studentification, with a more diverse population, would offer important theoretical and practical insight. Contingencies of the studentification process — for instance as differently expressed in China (He, 2015), Spain (Garmendia et al., 2012) or Chile (Prada, 2019) compared with Anglo-American contexts — may produce alternative variations of post-studentification, presenting opportunities for crucial compara- tive research. Likewise, research should revisit Northdale in the future to see how (or whether) it has evolved as build -out is completed and the neighbourhood matures: Will incipient post-studentification remain limited, as at present, or will it achieve its promise of a more diverse community? Alternatively, will it be a passing phenom- enon as the neighbourhood reverts to a more `typical' studentified neighbourhood? These questions are not merely of quaint local importance, but are crucial to a broader discussion of how cities may respond positively to the challenges posed by studentification (Smith, 2008). The answers would illuminate possibilities to transform town—gown relations to build diverse near -campus neighbourhoods. Acknowledgements This article is adapted from my doctoral disserta- tion at the University of Waterloo. Thank you to Markus Moos, Martine August, Pierre Filion and Tara Vinodrai for their guidance. Samantha Biglieri, Margaret Ellis -Young, Maxwell Hartt, Filipa Pajevic and three anonymous reviewers also provided constructive comments on earlier versions of the article. Errors and omissions remain my own. Declaration of conflicting interests The author declared no potential conflicts of interest with respect to the research, authorship, and/or publication of this article. The author disclosed receipt of the following financial support for the research, authorship, and/or publication of this article: This research was supported by a Social Sciences and Humanities Research Council of Canada CGS - Doctoral Scholarship (grant number 767-2016- 1258). Views expressed in this article are purely those of the author and do not necessarily reflect those of the funding body. =* , 611'11 PM �7 Nick Revington CM https://orcid.org/0000-0001- 5165-4440 Notes 1. Due to co-operative education programmes with rotating work terms at both universities, not `all' students are gone during the summer, although there are certainly fewer. 2. 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Page 463 of 476 To Katie Anderl, Thank you for coordinating the on-site meeting between the City of Kitchener, the Applicant and the Community, that took place on February 1, 2023. 1 am writing on behalf of the Directly Impacted Owners residing at 83, 95 and 99 Pinnacle Dr. These directly impacted owners have provided written comment prior to attending the virtual information sessions. The proposed application will set a precedent and impact many in the community (future development applications) we feel as though we are the most acutely impacted being immediately across from the proposal, and all have young children and plan to grow in our homes. We believe in our neighborhood and we also believe in the value of compromise and working together to make something better. Adding something that didn't exist before, even if it's very different than what's already there, can be beneficial. After hearing from the city and Applicant, and after some thought and discussion, we believe there is a mutually agreeable path forward if the site is ultimately rezoned to R-6. Just the same, the current proposal by the Applicant in its current form is not that path forward. For ease of understanding, I'm outlining the definitions of the terms that will be set out throughout this email: Applicant — Rosu Developments represented by Adrian and Daniel Rosu Application — Proposed stacked townhomes at 86 Pinnacle Dr. Community — The broader community members of Lower Doon including the Directly Impacted Owners Directly Impacted Owners — Owners residing at 83, 95 and 99 Pinnacle Dr. The City — City of Kitchener The Meeting — On-site meeting dated February 1, 2023 at 86 Pinnacle Dr. Virtual Meeting —January 10th, 2023 virtual meeting The Application should be mutually agreed upon by the City, the Applicant, the Community and most importantly the Directly Impacted Owners. The Application should meet growth objectives outlined by the City, conform to the neighbourhood features (historical homes, vegetation, enhanced curb appeal through landscaping and spatial awareness) respect current residents, sight lines (proper setbacks) and increase the livability of the area. When discussing the Application in its current form, we need to be realistic: this is a neighborhood with a large population of students adjacent to a large post -secondary institution. Although the units will be sold and owned, the occupants of this building will likely be short term tenants in the form of students (1 to 2 semesters) or Airbnb rentals. If you look at the four large, detached homes recently built on Drummond Street, 2 of them are Airbnb, while another is rented to students. The remaining home is a young couple looking to leave because of the adjacent neighbours. It's quite possible that in the first 2 years the units will be 95%+ rental occupied (likely by students). Fundamentally, students and short- term renters have varied schedules. They are much less likely than an owner occupant to think about Page 464 of 476 property values, home upkeep, or even their neighbours. Despite transit options, students in a suburban environment like Lower Doon depend on cars and it shows: there are currently a staggering number of cars to each house in our neighborhood. All together, they create a ton of noise (bass pounding/car doors slamming/honking). We will never change student behaviours but we can mitigate some of the negative issues through design management in the Application and promote livability without disturbing our homes and families. I understand that the City cannot control the buyers of the proposed development, but regardless of what's ultimately built on the property, the fact that this is an attractive area for student occupants absolutely needs to be considered. Not one particular Application, including the Application presented is going to solve the housing crisis, in fact this Application is a drop of water in the vast ocean of housing issues. As such, do not feel as though it is your duty to cram 5lbs of planning into a 11b bag. We do not need to achieve maximum size and number of units on each application submitted to the City in order to solve the housing crisis. All properties zoned R6 are different in nature, from their size (acreage), siting within a neighbourhood (intersection,/flow of traffic), abutting property type. What do the Directly Impacted Owners Want to See? Regardless of what structure (or structures) are ultimately placed on the property, our main objective is to ensure that the neighborhood continues to be a place to grow for every demographic as well as our own families. And, after hearing directly from the applicant at the in-person meeting on February 1", we aren't totally against the idea of'upzoning' the property to R-6, but there are fundamental issues with the current proposal that need to be addressed and amended in order to gain any endorsement from the Directly Impacted Landowners. With tweaks to the current proposal, we believe it's possible to maximize livability in and compatibility with the neighborhood in the event that the property is rezoned to R-6. We fully expect another drafted rendition to be forwarded to the Community by David Galbraith from the IBI Group. Any revised sketches should conceptually include our requested amendments, in which we feel we're proposing in a good faith effort to compromise with the applicant and ensure there is a mutually beneficial outcome at the end of this story. Improvements to the proposal, we'd like to see: 1. Balconies shouldn't front Pinnacle Dr. Street -facing balconies are not wanted by the Directly Impacted Owners for several reasons including diminishment of curb appeal, enhanced noise, reduced property standards (litter). Likely, this isn't going to be a setting for a bistro set. These balconies could likely act as storage units for overflow items (winter tires/bed frames and other furniture) which will reduce curb appeal of the home of the Directly Impacted Owners due to the vista across from our front porches and bedrooms of our children. The balconies could also promote and outdoor hangout where nuisance will ensue. Page 465 of 476 In a discussion with David Galbraith from IBI, he had stated that the Applicant would remove the balconies from those units fronting Pinnacle Dr. Removal of all balconies are preferred to keep peace and noise levels tolerable. We look forward to any future rendition to remove streetside balconies. 2. The number of units and height of the building needs to be reduced We believe that the number of units and building height go hand in hand. Towards the conclusion of the meeting on February 15Y, @Christine stated that the number of units could be reduced. The current number of units in the proposal is 16 with 2 rooms each: this is excessive for the site. To our earlier points, we're not solving the housing crisis with one application and we don't need to cram as much as we can into one development, which will stick out like sore thumb. A reduction in building height leading to 10-12 units would be most desirable for the Community especially the Directly Impacted Owners. It would reduce vehicle traffic as well as overflow street parking, along with making sense of the current 22 allotted parking spaces (to be discussed in next point). Additionally, we could see a reduction in noise levels and disturbances and nuisance. We would like @Christine to affirm that this type of development is precedent setting for our community. If this is the first development of its kind in Lower Doon, then why do we need to go so heavy on units and height? The City should take a "low and slow' incremental approach whereby the Application resubmits a design proposal with a reduced amount of units and the City can properly review and assess the successes and failures of development over time. Let's not shock the community. Just because 16 units is the maximum that can be crammed into the space, does not mean we should start there. In summary, 16 units is too much for the first of its kind proposal. 10 —12 is much more reasonable. Do not misconstrue our request to reduce units and as opportunity to increase bedrooms. Units and bedrooms go hand in hand, the maximum number of bedrooms would tie into the current parking currently set at 22 spaces. Page 466 of 476 3. Parking needs to change As mentioned above, parking spaces should be more aligned with the number of bedrooms, not units. Students will likely move in, and most have cars (during the meeting, you would have seen the "used car lots" which exists from 70 to 80 Pinnacle Dr.). Each semi-detached home houses 6 cars. This means two things: each of these 3 bedroom homes has 6 students and secondly, they all drive. A reduction in units would help curb excessive parking demand and requirements on Pinnacle Dr., directly across from 86 Pinnacle. This area already plays different roles at different times of the day. It's a city bus route, a school bus route and pickup/drop off zone, a main roadway in the neighborhood, and a busy pedestrian pathway serving both the college and parks system. All of this becomes exponentially more complicated with the addition of street parking. Plus, for the owners, given the curvature of the road that occurs just past 86 Pinnacle Dr, it is already difficult when backing out of the driveway of 95 and 83 Pinnacle Dr. when cars are parked in front of the home. With the current parking rules on the street, an increase of 16 units in that small area will increase overflow parking substantially, and ultimately add to the congestion and decrease safety in the area. We appreciate that the current application maximizes safety by including one roadway in and out of the property but would also like to see a "NO PARKING" area directly in front of 95 Pinnacle Dr. Taken together, this would mitigate parking and safety concerns. If an R-6 zone is granted to the applicant, can the City consider making parking unavailable on the area below highlighted in red? Note that due to the overflow parking from the semi- detached homes at 105 Pinnacle Dr, parking is already prohibited in front of 99 and 103 Pinnacle Dr. Page 467 of 476 Below is a snapshot of the school bus dropping off children, whereby the bus is stopped in the middle of the road and children walk hand in -hand to their home with their parents. School children and their parents await the arrival of the school bus every morning in front of the trail and exit the school bus onto Pinnacle Dr. which as depicted below currently does not have any cars parked near and around the point of entry/exit. The Application will cause overflow parking onto the west side of Pinnacle Dr., pushing children further onto the road as they exit the school bus and walk home. School children some without the aid of their parents will be required to walk along Pinnacle Dr. trying to pass parked vehicles situated within the subject area. This poses as a deathly safety hazard and is just plain irresponsible. There is an opportunity to curb the risk ensued by school children and their parents by restricting parking 24hrs/7days a week withing the red highlighted area above. Page 468 of 476 4. The proposed building needs to move farther away from the road The current setback outlined in the Application is very close to the road and would make the building seem incredibly imposing in context with the other structures in the neighborhood. After a discussion with David Galbraith of IBI Group, he presented an option to push the building 3m farther from the road if one parking space was eliminated, thereby reducing the proposed parking spaces from 22 down to 21. While parking is imperative, the Directly Impacted Owners would concede one parking space for the building to realize a farther setback from Pinnacle Dr. With this change plus a reduction in total units, we feel this would be a reasonable amendment that would balance parking concerns with an eye to the feel of the neighborhood. The proposed site plan amendment would increase the distance of the building from 4.5m to 7.5 at the closest point. In summary, we would endorse a farther setback of minimum 3m and concession of one parking space if the number of units are also reduced. 5. The proposed building needs a Condo Corporation The creation of a Condo Corporation is an important aspect of the Application. The Condo Corporation would see private garbage pickup and contribute to the upkeep of the property. An issue in the area which By -Law constantly combats is the storage of garbage containers on front porches and occupants leaving empty bins and garbage containers for days on end after pickup. Furthermore, nobody follows the 3 bag maximum policy and landlords fail to inform their tenants of any garbage schedule. The Condo Corporation will also ensure regular maintenance of the building structure (roof, windows etc.) as some properties are deteriorating quicker than they should due to a lack of care. This includes yard care pertaining to any grass areas and vegetation management on site. Other factors considered in the Condo Corporation documents could be security cameras in the parking lot used to deter theft and nuisance. Rules pertaining to acceptable window covers (not blankets or flags of sort). There needs to be a minimum standard to which these units are occupied. In summary, a Condo Corporation would be preferred over pure fee simple ownership. We do not believe that a building with 10-12 units could even exist without an overarching corporation to coordinate management and ensure compliance with all relevant laws and policies. Page 469 of 476 6. Material/Design/Exterior Cladding needs to conform to the look and feel of the neighborhood The exterior cladding of the proposed building is ridiculous and does not conform with the heritage aspect of Lower Doon. There are heritage homes and a great amount of history in our community. While not every home conforms to that standard, the more we add that don't, only further dilutes the look and feel of the area. This type of Application sets a precedent and as such needs to be thoroughly reviewed and properly treated before the gates fly wide open. There is an opportunity here to blend the existing housing inventory with something new and special. While it isn't a residential building, the recently built pumping station at the entrance of willow lake park is a great example of this. Bigger buildings can conform to the look and feel of our neighborhood. If there is a design standard that the city is following for the creation of municipal infrastructure in the area, we would ask that the city shares this standard with the Applicant. Below is an example of the recently completed City of Kitchener water infrastructure building located on Old Mill Road just west of Pinnacle Drive. The masonry and exterior cladding along with the overall complexion of the building is more aligned with how any newly proposed substantive building should appear, which is reminiscent of and pays honor to heritage characteristics. If this building sets a new precedent for our neighbourhood, we should be taking a page out of the book adopted by the City of Kitchener when erecting an abnormal type structure within our community. We feel that the adoption of this building concept and design should spill onto other properties looking to be constructed. There are even security cameras which discreetly blend in with the features of the building. Page 470 of 476 In summary, the Directly Impacted Owners do not support the current exterior design and want to see more effort on part of the Applicant to work with the Community and the City to develop a structure that would fit with the neighborhood. The current proposal lacks substance, creativity and appears to be cost cutting and "standard". 7. Applicant profit motive should not be the deciding factor The City cannot cater an Application to be maximally financially feasible for the Applicant. Every builder has their own Return on Investment and can achieve benefit pricing from trades, contractors and suppliers through economy of scale. Though the profit earned by the Applicant is no concern of ours, the City cannot approve the current proposal due the Applicant being unable to achieve and meet their financial goals otherwise. There is a path to profit from the perspective of the Applicant, regardless of whether this space is ultimately rezoned. The point is no matter what, the Applicant will make a profit on the lands. The City and Community should not allow profit to be the driver to settle on more units and cheap building materials. If the Applicant is unable to achieve and meet their financial goals, it may be best that they consider selling the property, even to a developer that is looking to create something different and unique in our community. In summary, the Directly Impacted Owners don't want to hear arguments about financial feasibility from the Applicant or their consultants, it does nothing to solve the greater issues at play. Furthermore, financials should not be of concern to the city, a better built structure would garner a higher price in the open market and may even attract the clientele that Christine mentioned might move into the building, during the meeting of February 15t Page 471 of 476 Closine Comments Of course, we don't share the property; however, we do share the community. As stated at the meeting, what's being considered isn't just a place to put people or a place to make a profit. After the decisions are made and the space is developed, we, the neighborhood, and the people that come to occupy the property at 86 Pinnacle will need a place to thrive, not just exist. Our goal is healthy and safe families and individuals in a healthy and safe community, and we believe you share that goal. Change is hard, and given the current political climate and housing crisis, we understand that change is sometimes necessary. At the same time, positive change is within all our control. There is a way to maximize livability under the current zoning as well as an R-6 zoning designation. But there is also a way to destroy it, as illustrated in the current application. If we do this right, we can all win. Increasing density and adding more housing options is a social good that benefits the city and society in general. Creating a unique profit opportunity for the developer means they can benefit from their enterprise. The neighborhood can benefit from sustainable growth and smart development. But whatever outcome is chosen, at the end of the day, we need to be able to answer the question: has this change increased livability for everyone in the area? We're confident that what we're proposing is one way to get there and ultimately answer "yes, it does". Recognizing that this is not an easy job with many technical variables and emotions to consider, we're putting our trust in you, the city, and the process to ensure the livability of the community doesn't decline. We look forward to opportunities for continued dialogue and compromise in pursuit of the best outcome possible. Page 472 of 476 019 OF E Qi E ... . ....... 0 .5 ca E 0 w - w 12 N CL 0 N 0 0 ............ . QY 00 CL CD CD CL 0 LO m ti v 0 v ti v m rn m d. i, m amsE (D E 0 . . ............... .. ---- Z 0 E ui N 0 3: 0 0 a 0 z Z 0 CO z as e 17 00 (L 17