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PSI Agenda - 2024-02-26
Planning & Strategic Initiatives Committee Agenda Monday, February 26, 2024, 5:30 p.m. - 9:00 p.m. Council Chambers 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 Kitchener Becoming a Bird Friendly City, DSD -2024-081 4 3.2 Private Street Naming, 628 New Dundee Road, DSD -2024-059 82 3.3 Uncollectable Miscellaneous Receivable Accounts Write -Off, FIN -2024- 89 043 3.4 Uncollectable Utility Receivable Account Write -Off, FIN -2024-042 92 3.5 Provincial Funding Extension for Waterloo Region, Small Business 95 Centre, DSD -2024-062 3.6 Public Art Policy Review and Revisions, DSD -2024-026 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 3:00 p.m. on February 26, 2024, in order to participate electronically. 4.1 Item 6.1 - David Riley, SGL Planning Inc. 4.2 Item 6.2 - Dave Galbraith, Up Consulting 4.3 Item 6.3 - Andrea Sinclair, MHBC Planning 4.4 Item 6.4 - Andrea Sinclair, MHBC Planning 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 Zoning By-law Amendment Application 15 m 117 ZBA23/038/G/ES, 186 Gehl Place, Kitchener Green Developments Inc., DSD -2024-076 (Staff will provide a 5 -minute presentation on this matter.) Note: Any recommendation arising from this matter will be considered at a Special Council meeting later this date. Page 2 of 441 6.2 Oficial Plan Amendment Application 15 m 161 OPA23/021/W/ES, Zoning By-law Amendment Application ZBA23/037/W/ES, 32-42 Windom Road, Jackman Property Holdings c/o Vive Development Corp., DSD 2024-071 (Staff will provide a 5 -minute presentation on this matter.) Note: Any recommendation arising from this matter will be considered at a Special Council meeting later this date. 6.3 Oficial Plan Amendment Application 30 m 230 OPA22/012/H/CD, Zoning By-law Amendment Application ZBA22/019/H/CD, 490 Huron Road, 2517293 Ontario Inc., DSD -2024-060 (Staff will provide a 5 -minute presentation on this matter.) 6.4 Oficial Plan Amendment Application 60 m 318 OPA23/010/1-1/1313, Zoning By-law Amendment Application ZBA23/006/H/BB, Draft Plan of Condominium Application 30CDM-23204, 980 and 1018 Hidden Valley Road, DSD -2024-011 (Staff will provide a 5 -minute presentation on this matter.) 6.5 Building a Connected City Together: Official 45 m 427 Plan Comprehensive Update Launch, DSD - 2024 -077 (Staff will provide a 5 -minute presentation on this matter.) Note: Any recommendation arising from this matter will be considered at a Special Council meeting later this date. 7. Information Items 7.1 Kitchener's Great Places Awards 2023 Program Recap - DSD -2024-080 437 8. Adjournment Marilyn Mills Committee Coordinator Page 3 of 441 Staff Report l IKgc.;i' r� R Development Services Department www.kitchener.ca REPORT TO: Planning and Strategic Initiatives Committee DATE OF MEETING: February 26, 2024 SUBMITTED BY: Rosa Bustamante, Director, Planning and Housing Policy and City Planner, 519-741-2200 ext. 7319 PREPARED BY: Carrie Musselman, Senior Environmental Planner, 519-741-2200 ext. 7068 (on behalf of the Climate Change and Environment Committee) WARD(S) INVOLVED: All Ward(s) DATE OF REPORT: February 8, 2024 REPORT NO.: DSD -2024-081 SUBJECT: Kitchener Becoming a Bird Friendly City RECOMMENDATION: That staff be directed to investigate the benefits and feasibility of Kitchener becoming a `Bird Friendly City' including any resource and budgetary considerations. REPORT HIGHLIGHTS: • The purpose of this report is to advise City Council of a resolution of the Climate Change and Environment Committee that is seeking Council approval for staff to investigate the benefits and feasibility of Kitchener becoming a Bird Friendly City. • This report outlines what the bird friendly city certification process entails. • There are no financial implications to the recommendations in this report. • Community engagement included the report posted online as part of the Committee agenda and consultation with the Climate Change and Environment Committee at its January 2024 meeting. • This report supports Cultivating a Green City Together: Focuses a sustainable path to a greener, healthier city; enhancing & protecting parks & natural environment while transitioning to a low -carbon future; supporting businesses & residents to make climate - positive choices. BACKGROUND: At the January 18, 2024, Climate Change and Environment Committee (CCEC), a member of the committee, presented on the `Bird Friendly Cities' Certification Program (Appendix A). Following the presentation, a recommendation was put forward by the committee and the committee resolved ... That the Climate Change and Environment committee support bringing the exploration of Kitchener becoming a Bird City to council. *** 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 441 REPORT: The following information was shared with the CCEC and informed their resolution. North American bird populations are decreasing at alarming rates. There are three billion fewer birds in North America today than 50 years ago. Much of these losses are caused by human activities. Saving bird lives starts with local action. Nature groups, municipal officials, and other community groups are teaming up with Nature Canada to ensure our urban environments are safe havens for birds rather than a source of threats. Across Canada, people are coming together to make their cities a `Bird Friendly City'. Nearby, London, Guelph, Burlington, and Hamilton have already received certification. What is a `Bird Friendly City'? A Bird Friendly City is a community where: • Key threats to birds are effectively mitigated. • Nature is restored so native bird populations can thrive. • Residents are actively engaged in admiring and monitoring local bird populations. • Organizations are creating events to protect birds. • Progressive municipal policies are created to protect urban bird populations; and • A Bird Team has been created to oversee and lead these initiatives. Bird Friendly City Certification The goal of certification is to provide local partners with clear standards that reflect what a city needs to do to make it safe for birds. In this sense, certification can be considered a conservation framework that is delivered through the establishment of a `Bird City Team' (representatives with different perspectives and has a liaison with the municipality) to drive the project forward. The standards can also allow for an independent assessment of how bird friendly a particular city is at any moment in time, assessing performance on key issues, establishing benchmarks, and allowing for measurement of progress over time and comparison with other cities. The standards consist of a series of criteria or actions; each assigned a weighted score based on Nature Canada's assessment of the relative importance of each criterion within the three major categories of criteria that reflect what they believe to be the most important elements of a Bird Friendly City: • Reducing human -related threats to birds; • Habitat protection, restoration, and climate resiliency; • Community outreach/education. In many cases, actions to meet a criterion are community-based (not government). The CCEC is seeking Council's direction to have staff explore Kitchener becoming a `Bird Friendly City'. Pending Council's direction, staff will report back on the requirements for Bird Friendly City Certification and any resourcing and financial implications. Page 5 of 441 STRATEGIC PLAN ALIGNMENT: This report supports Cultivating a Green City Together: Focuses a sustainable path to a greener, healthier city; enhancing & protecting parks & natural environment while transitioning to a low -carbon future; supporting businesses & residents to make climate - positive choices. FINANCIAL IMPLICATIONS: The recommendation has no impact on the Capital Budget or Operating Budget. Staff will investigate what financial implications may be related to City support of the initiative including: whether fees are required to obtain certification, whether staff resources will be required to join and/or liaise with the Bird Team, what staff resources will be required to support the completion of the application form and any ongoing requirements to fulfill the criteria. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the committee meeting. CONSULT — At the January 18, 2024, CCEC meeting, a member of the CCEC, presented on the Bird Friendly Cities certification with Nature Canada. PREVIOUS REPORTS/AUTHORITIES: There are no previous reports related to this matter. REVIEWED BY: Josh Shea, Manager, Forestry and Natural Areas Management Natalie Goss, Manager, Policy and Research Barbara Steiner, Senior Environmental Planner APPROVED BY: Justin Readman, General Manager, Development Services ATTACHMENTS: Attachment A — Presentation to CCEC Attachment B — Bird Friendly City Booklet Attachment C — Bird Friendly Application Attachment D — Article: Kitchener city councillors hear presentation on becoming `bird friendly.' Page 6 of 441 01/31/2024 Page 7 of 441 01/31/2024 Page 8 of 441 Total number of Bird -Friendly Cities in Canada: 24 In Ontario: Barrie, Burlington, Guelph, London, Toronto, Windsor, Halton Hills, Hamilton, Peterborough Goal : to encourage Council to pass a resolution supporting Kitchener to become a bird -friendly city and to support the formation of a Bird City Team What does it take to become a bird -friendly city (entry level)? 1.. Establish a Bird City Team (standing committee) to drive the project forward 2. Inclusion of Indigenous Peoples 3. Formal Municipal Support 4. Annual Report 5. World Migratory Bird Day 6. Program Visibility T Renewal (certification expires in 2 years) 1, 2, 4,5,7: Accomplished by creation of a Bird City Team I am happy to steward this committee into existence Because of my research, I have bird -friendly and ornithological contacts at * Waterloo Region Nature * University of Waterloo * Ontario Swiftwatch * rare charitable reserve a Birds Canada a Sprucehaven 3,6: Accomplished by council resolution or letter of support "by a high-ranking city official) Council resolution preferred, as it paves the way from "entry" level status to "intermediate" and "high" levels, thereby providing longevity in the program Once the initiative was launched, it would require visibility as per a city webpage (#6) Points awarded for certification based on: Roaming cat bylaws (currently 28.0 Schedule "D' to bylaw No. 09-047 but could be more strongly worded) Bird -friendly window design in new construction (No) Assessing and mitigating risk to birds from existing and proposed municipal buildings, and collecting data over time to show progress over time with treated windows (No) Informing and educating property owners and tenants of existing buildings (including home owners) of measures they can take to mitigate bird collision risk. (No) Light pollution strategy development for existing and planned neighbourhoods, and a consideration of new developments in wildlife -friendly lighting (No) Outreach campaign for residents and businesses to reduce external lighting that attracts nocturnal migrants such as "Lights out Toronto." (No) Bylaws to reduce or eliminate pesticides known to directly or indirectly harm birds on public and private lands, as well as those to control insects or rodents that are important food sources for birds (e.g. neonicotinoids, Bti for mosquito or midge control, rodenticides). (No, but a bylaw was considered in 2005 with a recommendation to pursue a bylaw in the future, and pesticide ban did happen via bylaw for 2 months in 2007. See Report #DTS-05-174, "Possible Regional Pesticide reducation Bylaw." That is, Kitchener has thought about this!) regulatory or nonregulatory measures that result in a reduction of plastic waste generated and the elimination of plastic pollution in local ecosystems such as shorelines and riversides. (No) Measures in place to reduce bird collisions with vehicles (No) Policy and practices to prohibit or mitigate disturbance of birds from humans or their pets at natural areas or important bird habitat (e.g., leash bylaw, no-go zones certain times of year). (Leash Bylaw 29.0 Schedule "E" to bylaw No. 09-047) Scoring ENTRY 10 points from at least 3 categories. INTERMEDIATE 13 points from at least 5 categories including at least 2 categories worth 3 or more. HIGH 16 points or more. Must include at least 3 points in categories 1 and 2. Must have no roam bylaw (cats), and bird friendly building guidelines for high level. The Truth? Kitchener doesn't qualify for even the entry level of a bird -friendly city. 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I a W� CITY REPRESENTED: DATE OF SUBMISSION: Page 27 of 441 Mandatory Criteria 1 Section 1: Threat Reduction 9 Section 2: Habitat Protection, Restoration, and Climate Resiliency ................................................................................................................................................26 Section3: Community Outreach/Education.............................................................................................................................................................................................................................................................................................................................39 Page 28 of 441 Page 29 of 441 Page 30 of 441 Page 31 of 441 Page 32 of 441 - L REPORT • Page 33 of 441 Page 34 of 441 PROGRAM R VISIBILITY 1 Page 35 of 441 M-7: RENEWAL Page 36 of 441 Page 37 of 441 1, 1 (A) 0 E D C 'T S ',C'I,,"' (I R . "r 10 Page 38 of 441 Page 39 of 44,1 12 Page 40 of 441 ) . . . . . . . . ) ",/ . . . . . . . . /F .......... . 0 w c I Page 41 of 44,1 1, 2D C"', 0L I',S XI S11I A \j 1"') 1) l) C) S 1"') IV� 1 1, I � I (I I �31 J D I NJ G S 14 Page 42 of 441 . ..... ... . /F R S � 0 C I I l A � S 111�11 � Page 43 of 44,1 16 Page 44 of 441 1-3 (A) -1 "T P (' t) C F I',,,,,D S A � S Page 45 of 44,1 L1 1"'i "T � 0 1) : v 0 p -F S � I'll . .... . . . I 18 Page 46 of 441 I �"', j",/I � � "" 11, � G P 0 U' \� I. ..... 0 U A —1 J" f ' 0� A �S I its Page 47 of 4411 E s ........ . �, T s � C", � E) S C' i, T 20 Page 48 of 441 Page 49 of 4421 01`1',I III 22 Page 50 of 441 Page 51 of 441 I "k I T U R B C 0 ;, v s Ii'Il 24 Page 52 of 441 ENTRY 10 points from at least 3 categories. INTERMEDIATE 13 points from at least 5 categories including at least 2 categories worth 3 or more. HIGH 16 points or more. Must include at least 3 points in categories 1 and 2. Must have no roam bylaw (cats), and bird friendly building guidelines for high level. Page 53 of 4iL5 26 Page 54 of 441 2.1 INATURAII A R If l R 0 FIEC FIIOIN 11 IOW CRI TIERIIA IIS MIE T Page 55 of 44j 2.2 IB 110 1 OGIICAII DIIVII::.::..,RSII ...FY IHOW CRII Fll::.::.,RIIA IIS Mll::.::.:: F 28 Page 56 of 441 PAX41 I I OTAM."Ill ■� l IH OW CRII fll::.::..,RIIA IIS Mll::.::.:: F Page 57 of 44j HABITAT MANAGEMENT STRATEGY ii,,,,,,i cii-iii 11A IS ii,,,.....r 30 Page 58 of 441 2.4 (11:3) SINAG II.:)IRO Fll::.::.::C FIIOIN IHS W CIII Fll::.::.:RIIA IIS Mll::.::.:: F Page 59 of 4431 2.4 (C) 11311:10 FIEC ..FII II OF fll:lll::.::..'IES 11 IOW CIRii ,,,,r II:::::: IIS mii::.:: r 32 Page 60 of 441 2.401 F1 IE S 11:10 IN S 11 IB 1 IE V G IE Tall IN MAIIS AGIEM11[.::..'IN r IH OW CIRII fll::.::..'IRIIA IIS Mll::.::.:: F Page 61 of 441 2.5 11 M 11:3 0 F-1 FAIN F [31IRD AIRIEA INIEA113II: Y (IIIBA) II,,,,,,i cii-i-ii rii::.::.:IIS IIA IIS mii::.:: r 34 Page 62 of 441 2.6 INA rIIVIE 0 If A M U II 11 C 11 II IA 1 11 A IN ID S IH OW CRII fll::.::..'RIIA IIS Mll::.::.:: F Page 63 of 44j 2.7 INATIVIIII..... 0 If A P R 11 VAT IP 11:10 IF, IE IR r Y II......i cii:ii IISmii::.:: r 36 Page 64 of 441 2.8S FO P OV R & IN IE S FIIING 11 1A11:311 FAT II,,,,,,1 OW ClIRIl TIERIIA IIS MIE T Page 65 of 44j ENTRY 9 points from at least 3 categories. INTERMEDIATE 12 points from at least 4 categories. HIGH 15 points from at least 6 categories including at least 1 point from categories 2.1, 2.2, 2.3 and 2.4. 38 Page 66 of 441 Page 67 of 441 .`III " Ilh III IIL...III III III'.'.'.'.'.'.'.'.'.IItt l A Sl III[: ......Ilh....11l III II.)U( .IIL III GII"Il Ilh 111" M � III: ...... III; III:: III... 40 Page 68 of 441 '11]1 A I 1 III::) YO U ...... Ilh....11l III' IIIIII III III Ilh 111Ow c IR III I 1l 111 A III S MIII I... Page 69 of 4441 . III Ilh 111 III IIL III III A I YO U...... Ilh 111 III III : U(` ...... Ilh 111Ow c IR III I 1l 111 A III S MIII I... 42 Page 70 of 441 IIL IIL III III''''''''' IIIA III::IIIA III III III:% III ...... '::: III: Ilh 111Ow CRIIIIII'.'.'.'.'.'.'.'.'. 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HIGH 11 points from at least 7 categories. so Page 78 of 441 CURRENT AS OF: Page 79 of 445 I w BIRD FPoENDLY CITY Page 80 of 441 city Kitchener city councillors hear presentation on becoming `bird friendly' A female Anna's hummingbird rests on a feeder in Vancouver, B.C., Friday, Jan. 12, 2024, amid a cold snap in southern British Columbia. A wildlife rescuo group says dozens of hummingbirds have been turned in suffering cold �Neatlber injuries in recent days. rHE CANADIAN PRESS/lan Young By Josh Goeree Posted Jan 21, 2024 08:28:19 AM. Last Updated Jan 25, 2024 07:30:07 AM. A presentation made to the City of Kitchener's Climate Change and Environment Committee on Wednesday pitched ideas to make the city "bird friendly." Dr. Jennifer Clary -Lemon, a professor in the Department of English at the University of Waterloo who studies rhetoric, investigates the relationship of birds and humans and how they persuade each other how to live together, specifically looking at how at -risk species of birds use infrastructure to nest. 'Bird Friendly Cities take actions into reducing threats posed to local bird populations. The certification process is completed by Nature Canada, who said North American bird populations have declined by 25 per cent over the last 50 years, equalling almost three billion birds. Specific species such as grassland birds and aerial insectivore birds have declined by 57 per cent and 59 per cent, respectively. Clary -Lemon said she's pushing for more change into helping local bird populations after researching alongside other bird enthusiasts. "By working with 'bird people; it really made me more aware of the plight of at -risk species of birds, particularly in Ontario, and the kinds of things that Ontarians will do because they love these creatures," said Clary -Lemon. Successful 'Bird Friendly Cities' must meet seven requirements, including formal municipal support, the establishment of a 'bird team', and completing annual reports. Actions that have been taken by'bird friendly' cities include light pollution strategies, outreach programs, and reduction in pesticide use. Guelph, Hamilton, London, Toronto and 24 other municipalities across Canada have been certified 'bird friendly' by Nature Canada. The next steps are for Clary -Lemon to make a presentation to the full city council. Page 81 of 441 0 Submit a Correction t Accessibility Feedback Staff Report J IKgc.;i' r� R Development Services Department www.kitchener.ca REPORT TO: Planning and Strategic Initiatives Committee DATE OF MEETING: February 26, 2024 SUBMITTED BY: Garett Stevenson, Director of Development & Housing Approvals, 519-741-2200 ext. 7070 PREPARED BY: Tara Zhang, Planner, 519-741-2200 ext. 7760 WARD(S) INVOLVED: Ward 5 DATE OF REPORT: January 3, 2024 REPORT NO.: DSD -2024-059 SUBJECT: Private Street Naming — 628 New Dundee Road RECOMMENDATION: That the City of Kitchener acknowledge that Fusion Homes intends to name a private street: "Jet Avenue", "Graphite Crescent", and "Shale Avenue" within a multiple residential development located at 628 New Dundee Road, and further, That the City's Legal Services division be directed to proceed with the required advertising, preparation, and registration of the necessary By-law for the naming of "Jet Avenue", "Graphite Crescent", and "Shale Avenue". REPORT HIGHLIGHTS: • The purpose of this report is the applicant is seeking Council approval to name private streets within the residential development located at 628 New Dundee Road. • The key finding of this report is that the applicant is proposing to name the private streets as "Jet Avenue", "Graphite Crescent", and "Shale Avenue". Staff are satisfied that the proposed private street name is appropriate and support the street naming request. • There are no financial implications as there is no impact to the capital or operating budget. • Community engagement included the information posted to the City's website with the agenda in advance of the council/committee meeting. • This report supports the delivery of core services. BACKGROUND: Fusion Homes is seeking Council approval to name a private street within the residential development located at 628 New Dundee Road. The proposed multiple residential development received conditional approval of Site Plan Application SP23/053/N/ES for a 211 unit stacked townhouse development in September 2023. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 82 of 441 REPORT: The applicant is proposing to name the private streets shown on Appendix `D' "Jet Avenue", "Graphite Crescent", and "Shale Avenue". The naming of the private streets will eliminate the need for a Multiple Unit Identification Sign at the entrance to the site, and offers improved site navigation for emergency services, residents, and visitors. The proposal has been circulated to internal departments and all concerns have been addressed. The dwellings will be addressed in accordance with the City's Street Naming and Addressing Policy. The Region has approved the proposed street name. Staff are satisfied that the proposed private street name is appropriate and support the street naming request. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the council / committee meeting. PREVIOUS REPORTS/AUTHORITIES: REVIEWED BY: Malone -Wright, Tina— Manager of Development Approvals, Development & Housing APPROVED BY: Readman, Justin — General Manager, Development Services ATTACHMENTS: Appendix A — Site Plan Application SP23/053/N/ES — 628 New Dundee Road Appendix B — Applicant Request Appendix C — Agency Comments Appendix D — Private Street Name Plan Page 83 of 441 Y + Q E E E a N O LU r V J Y Y Q d'- a V O ap X 1' Q �_ O m N ikCO W U >. /My� O M 67 l0 W = :2.:g aW .. E _' a c� O 0) Q d 6, U ,� N o U Q# N O- M C N N J E O O N E Q U N d U '- N N Q N U rn o a��6i VJ m a Y Y of `o o a a� `o N o o E w '.-" .� '^ ~ `�- c 3 m Q ._ a a> �`o `m L "i Y Y Y w N m m O ._ �./J H N- N 'f N 0= N a.O O- Y Y N N Y Y U 9 O Y Y E E 3 O F U Q@ m U m X LL VJ .3 m m N g E m m¢ o `o Q Cl) Q m o c' ti A m m m x `o_ m m a O W � .E ao > ai J E o 0000m m c`o 'mm '"v.N� c`o c`a >.--Q�,.� -� m o o o Z H (n N U J X Z m J Q LL LL LL i c0 > N m m H U U LL Z Z LL Z OW 3 fh LU ULU LU LU �za J ww W Z mn m. LL m ui �l 1-11111 111 IMF, r U) e m z I mt- I 1 I I W W W e I e lfi lr 4 _ c _ O ' ms, 0 K 0 z o O � I N o 6i N w „ e z - mt a L da y n E. — CB j O O LU 4 'L Co am 4's oa N I L:] (.0 0 r♦LO NCD CO Z O N � CO F U S I N To: Garett Stevenson, Development Services Department, Planning Division, City of Kitchener From: Dan Bolliger, Fusion Homes Date: November 14, 2023 Re: Private Street Name Request — 628 New Dundee Hello Garett, Fusion Homes is pleased to submit the enclosed items in support of this private street naming request: • A cheque, in the amount of $1322 to cover the Planning fee for considering private street naming; • A cheque, in the amount of $1650 to cover the Legal fee for administration, advertising costs and registry costs; • Undertaking Agreement • A digital copy of a draft reference plan identifying the 3 streets as: o Part 1: "Jet Avenue" o Part 2: "Graphite Crescent" o Part 3&4: "Shale Avenue"; and • Confirmation from Region of Waterloo Staff that the selected streets be named as above. We are requesting these private street names to allow future homeowners to have a simpler and more unique address, and provide improved emergency access while avoiding the need for an MUI sign. Please consider the attached, and we request that this matter be considered at the next available Council meeting. Should you have any questions, or require any additional information, please feel free to contact us. Sincerely, Dan Bolliger Assistant Project Manager Fusion Homes NovemOA6Ar�q-�f 441 From: Derrick Hambly To: Raida Chowdhury Cc: Tara Zhano; Chris Rumia; Dave Seller; Jennifer Arends; Beth Bruno Subject: RE: Private Street Naming Request - 628 New Dundee Road - Comments Date: Tuesday, December 12, 2023 4:01:38 PM Some people who received this message don't often get email from dhambly@regionofwaterloo.ca. Learn why [his is im 2� Hi Raida, I can confirm that Jet Avenue, Graphite Crescent and Shale Avenue have been reserved by Fusion Homes for this development, so they may go ahead with using the names. Derrick Hambly, GIS Analyst Region of Waterloo I dhambly are_qionofwaterloo.ca From: Raida Chowdhury <Raida.Chowdhury@kitchener.ca> Sent: December 11, 2023 11:19 AM To: Chris Rumig <Crumig@regionofwaterloo.ca>; Derrick Hambly <DHambly@regionofwaterloo.ca>; Dave Seller <Dave.Seller@I<itchener.ca>; Jennifer Arends <Jennifer.Arends@kitchener.ca>; Beth Bruno <Beth.Bruno@kitchener.ca> Cc: Tara Zhang <Tara.Zhang@I<itchener.ca> Subject: Private Street Naming Request - 628 New Dundee Road - Comments **EXTERNAL ALERT** This email originated from outside the Region of Waterloo. Good morning everyone, Please see attached the formal request from Fusion Homes seeking a private street naming request for the development at 628 New Dundee Road. See attached for supporting documents and fees. The letter requests: Jet Avenue Graphite Crescent Shale Avenue If you have any comments, please advise me and Tara Zhang (ta.ra..,:zh..nC@kitchener.ca) by: December 29, 2023. Thanks! Raida Chowdhury (she/her) Student Planner I Planning Division I City of Kitchener 519-741-2200 ext. 7078 Page 86 of 441 From: Dave Seller To: Tara Zhang Subject: TS comments: Private Street Naming Request - 628 New Dundee Road Date: Monday, December 11, 2023 11:28:37 AM Transportation Services have no concerns. Dave Seller, G.C.T. Traffic Planning Analyst I Transportation Services I City of Kitchener 519-741-2200 ext. 7369 I TTY 1-866-969-9994 I .c..v...,..II.rCakitcher7er.ca From: Raida Chowdhury <Raida.Chowdhury@kitchener.ca> Sent: Monday, December 11, 2023 11:19 AM To: Chris Rumig <crumig@regionofwaterloo.ca>, Derrick Hambly <DHambly@regionofwaterloo.ca>; Dave Seller <Dave.Seller@kitchener.ca>; Jennifer Arends <Jennifer.Arends@kitchener.ca>; Beth Bruno <Beth.Bruno@kitchener.ca> Cc: Tara Zhang <Tara.Zhang@kitchener.ca> Subject: Private Street Naming Request - 628 New Dundee Road - Comments Good morning everyone, Please see attached the formal request from Fusion Homes seeking a private street naming request for the development at 628 New Dundee Road. See attached for supporting documents and fees. The letter requests: Jet Avenue Graphite Crescent Shale Avenue If you have any comments, please advise me and Tara Zhang(ta.ra..::z.h.r�.g.�.ktch.en.er,.ca,) by: December 29, 2023. Thanks! 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S,V3 W h 9TOE - Staff Report 1 Kiicrvt Il Financial Services Department www. kitchen er.ca REPORT TO: Planning and Strategic Initiatives Committee DATE OF MEETING: February 26, 2024 SUBMITTED BY: Saleh Saleh, Director, Revenue, 519-741-2200 ext. 7346 PREPARED BY: Marcy Ignor, Manager Utility Billing and Customer Service, 519-741- 2200 ext. 7460 WARD(S) INVOLVED: ALL DATE OF REPORT: January 5, 2024 REPORT NO.: FIN -2024-043 SUBJECT: Uncollectable Miscellaneous Receivable Accounts Write -Off RECOMMENDATION: That uncollectable Miscellaneous Receivable Accounts amounting to $6,946 be written off against the Allowance for Doubtful Receivables. REPORT HIGHLIGHTS: • As per council policy, approval from Council is required for accounts to be written -off and sent to an outside collection agency for third party collection efforts. • Staff have worked diligently in attempting to collect on these accounts but have not been successful in the process. • This report recommends that accounts totalling $6,946 be written off and forwarded to an outside collection agency. BACKGROUND: As per council policy FIN -FEE -517 Utility and Miscellaneous Receivable policy, approval from Council is required for accounts to be written -off and sent to an outside collection agency for third party collection efforts. This report represents Miscellaneous Receivables accounts that are deemed to be uncollectable by collections staff. Miscellaneous Receivables represent services that are generally billed through the City's financial system (SAP). Examples of miscellaneous receivables include Direct Detect for alarm monitoring, Parking and Cemetery sales. Property tax and utility accounts are not included in miscellaneous receivables. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 89 of 441 REPORT: Staff are recommending that accounts totalling $6,946 be written off and forwarded to a collection agency. Staff have worked diligently in attempting to collect on these accounts but have not been successful in the process. The collection procedures staff have undertaken include: • Sending customers statements and demand letters. • Verbal request by telephone or in person. • Negotiating revised payment terms. • Applying any deposits held to the outstanding amounts. • Transferring uncollectable items to the customer's property tax account were permitted by the Municipal Act. The current amount being recommended to be written off relates to 18 customer accounts for services provided in the following areas: Cemeteries 1,796 Parking 4,841 Operations 129 Fire 23 Utilties 157 Total 6,946 The cumulative amount of write-offs identified in this report equal $6,946 and relate to the years 2022 and 2023. The cumulative write-offs are shown in the table below and the average is well below the targeted upper limit for write-offs set at 0.3% previously approved by Council. Page 90 of 441 STRATEGIC PLAN ALIGNMENT: The recommendation of this report supports the achievement of the city's strategic vision through the delivery of core service. FINANCIAL IMPLICATIONS: The uncollectable accounts will be written off against the Allowance for Doubtful Receivables account. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the council / committee meeting. PREVIOUS REPORTS/AUTHORITIES: • FIN -FEE -517 Collections- Utility and Miscellaneous Receivable APPROVED BY: Jonathan Lautenbach, Chief Financial Officer, Financial Services Page 91 of 441 Cumulative Write-offs for the Year Total $ Invoiced Year to Date Write-offs as a %of Sales 2023 $ 8,914 $ 37,174, 640 0.0240% 2022 $ 30,307 $ 30, 280, 755 0.1001% 2021 $ 38,573 $ 27, 380, 864 0.1409% 2020 $ 55,769 $ 23, 088, 516 0.2415% 2019 $ 44,077 $ 26,057,740 0.1692% Totall $ 177,640 $ 143, 982, 515 0.1234°/ STRATEGIC PLAN ALIGNMENT: The recommendation of this report supports the achievement of the city's strategic vision through the delivery of core service. FINANCIAL IMPLICATIONS: The uncollectable accounts will be written off against the Allowance for Doubtful Receivables account. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the council / committee meeting. PREVIOUS REPORTS/AUTHORITIES: • FIN -FEE -517 Collections- Utility and Miscellaneous Receivable APPROVED BY: Jonathan Lautenbach, Chief Financial Officer, Financial Services Page 91 of 441 Staff Report Financial Services Department www.kitchener.ca REPORT TO: Planning and Strategic Initiatives Committee DATE OF MEETING: February 26, 2024 SUBMITTED BY: Saleh Saleh, Director, Revenue, 519-741-2200 ext. 7346 PREPARED BY: Marcy Ignor, Manager Utility billing and Customer Service, 519-741-2200 ext. 7460 WARD(S) INVOLVED: ALL DATE OF REPORT: January 5, 2024 REPORT NO.: FIN -2024-042 SUBJECT: Uncollectable Utility Receivable Account Write -Off RECOMMENDATION: That uncollectable utility accounts amounting to $82,552 be written off against the allowance for doubtful utility receivables. REPORT HIGHLIGHTS: • As per council policy, approval from Council is required for accounts to be written -off and sent to an outside collection agency for third party collection efforts. • Staff have worked diligently in attempting to collect on these accounts but have not been successful in the process. • This report recommends that accounts totalling $82,552 be written off and forwarded to an outside collection agency. BACKGROUND: As per council policy FIN -FEE -517 Utility and Miscellaneous Receivable policy, approval from Council is required for accounts to be written -off and sent to an outside collection agency for third party collection efforts. Utilities receivable represent invoices generally billed through the City's SAP utility billing System. The majority of these invoices relate to usage for Gas and Water. The current report represents write-off of utility accounts which have been deemed to be uncollectable up to the end of December 31, 2023. REPORT: Staff are recommending that accounts totalling $82,552 be written off and forwarded to the collection agency. Staff have worked diligently in attempting to collect on these accounts but *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 92 of 441 have not been successful either due to the customer declaring bankruptcy or having no forwarding address. Any tenant deposits previously received on the uncollectable accounts have been applied to reduce the debt outstanding. A total of 156 customer accounts are being recommended to be written off and transferred to a third -party collection agency. The collection procedures staff have undertaken include: • Sending customers statements and demand letters. • Verbal request by telephone or in person. • Negotiating revised payment terms. • Applying any deposits held to the outstanding amounts. • Transferring uncollectable items to the customer's property tax account where permitted by the Municipal Act. The cumulative amount of utility write-offs identified in this report equal $82,552 and relate to the years 2021, 2022 and 2023. The cumulative write-offs are shown in the table below and the average is well below the targeted upper limit for write-offs set at 0.3% previously approved by Council. A five-year summary of write-offs is included in the table below. Utility Accounts Write-off Cumulative Total $ Invoiced Write-offs as a Write-offs for the Year Year to Date %of Sales 2023 $ 131,036 $ 248, 049, 552 0.0528% 2022 $ 147,030 $ 233, 620, 592 0.0629% 2021 $ 171,585 $ 216, 217, 805 0.0794% 2020 $ 219,812 $ 213, 604, 976 0.1029% 2019 $ 216,675 $ 202,658,095 0.1069% Tota I I $ 886,138 $ 1,114,151, 020 0.0795% 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: Page 93 of 441 The uncollectable accounts will be written off against the Allowance for Doubtful Utility Receivables account. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the council / committee meeting. PREVIOUS REPORTS/AUTHORITIES: • FIN -FEE -517 Collections- Utility and Miscellaneous Receivable APPROVED BY: Jonathan Lautenbach, Chief Financial Officer, Financial Services Page 94 of 441 Staff Report J IKgc.;i' r� R Development Services Department www.kitchener.ca REPORT TO: Planning and Strategic Initiatives Committee DATE OF MEETING: February 26, 2024 SUBMITTED BY: Cory Bluhm, Executive Director, Economic Development 519-741-2200 ext. 7065 PREPARED BY: Naudia Banton, Manager Small Business, 519-741-2605 WARD(S) INVOLVED: ALL DATE OF REPORT: February 16, 2024 REPORT NO.: DSD -2024-062 SUBJECT: Provincial Funding Extension for Waterloo Region SBC RECOMMENDATION: That the Mayor and Clerk be authorized to sign a one-year extension to the funding agreement with the Province of Ontario for the Waterloo Region Small Business Centre to deliver the core business information services, Summer Company and Starter Company Plus programs. Said agreement to be to the satisfaction of the City Solicitor; and That the General Manager, Development Services be authorized to execute on behalf of the City of Kitchener any amendments to the funding agreement provided such amendments are to the satisfaction of the City Solicitor; and further, That the Manager, Waterloo Region Small Business Centre, and the Executive Director, Economic Development, be delegated authority to execute recipient grant agreements to the satisfaction of the City Solicitor for the Starter Company Plus and Summer Company programs. REPORT HIGHLIGHTS: • The purpose of this report is to authorize an agreement with the City of Kitchener's Waterloo Region Small Business Centre and the Province of Ontario to extend the current funding agreement to 2025. • The financial implications are the Waterloo Region Small Business Centre delivers a series of programs funded by the Province of Ontario. • This report supports the delivery of a Vibrant Economy. BACKGROUND: The Waterloo Region Small Business Centre (WRSBC) provides thousands of entrepreneurs with the training and support necessary to start and grow successful businesses. From concept, through start-up and early growth stages of business, the *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 95 of 441 Centre is a one-stop source for information, guidance and professional advice on starting and running a successful business. Servicing individuals of all ages, educational and cultural backgrounds and businesses from all industry sectors at all stages of business WRSBC is one of 54 centres in Ontario supported by the province. REPORT: The City of Kitchener (Waterloo Region Small Business Centre) has received funding from the Province of Ontario since 1998. The current two-year agreement 2022 — 2024 included an option to extend the agreement until March of 2025. The funding agreement will provide the Waterloo Region Small Business Centre with $456,552 annually. The funds support: Core Business Services: • one-on-one business consultations, • workshops and events, • assistance with market research, business and marketing plans, • information to navigating government departments, agencies and regulations • assistance with registering a provincial master business license • community outreach activities The funding supports two full-time jobs, program delivery and grants expenses. Summer Company Program: • entrepreneurial training, mentoring and grants for students age 15-29 starting and running a business over the summer, eligible students must be returning to school. The funding supports one part-time job, program expenses and a grant of up to $3,000 for successful candidates. Starter Company Program • entrepreneurial training, mentoring and grants for start-ups and growth companies. The funding supports one part-time job, expenses and a grant of up to $5,000 for successful candidates. Throughout the term of the agreement, WRSBC submits interim performance reports and requests incremental disbursements bi-annually. Without the Provincial funding, the Small Business Centre would be limited in the supports it could provide our community. STRATEGIC PLAN ALIGNMENT: This report supports A Vibrant Economy. FINANCIAL IMPLICATIONS: None. The provincial funding supports the Waterloo Region Small Business Centre core business services, Summer Company and Starter Company Plus programs. The proposed agreement would provide funding to support programming in the following ways: Page 96 of 441 Small Business Centre Program Provincial Funding Annually SBC Core Services $177,552 Starter Company Plus $175,000 Summer Company $104,000 TOTAL $456,552 Of the annual funding noted above, approximately $191,000 would be used to provide grants to small businesses. COMMUNITY ENGAGEMENT: Entrepreneurship and innovation contribute to economic growth in the community. The Centre provides programs and services that support and complement other community entrepreneurial initiatives essential to small business commercialisation within the Waterloo Region ecosystem. CONSULT: WRSBC conducts over ten surveys annually with small businesses to get feedback and suggestions for service and program improvements. COLLABORATE — WRSBC communicates, consults and collaborates with a broad range of community groups, organizations, agencies, secondary and post -secondary institutes, municipal, regional and provincial governments to ensure the entrepreneurial services and programs address the needs of small businesses in the community. The Small Business Advisory Committee volunteers represent twelve industry sectors across the region. INFORM — This report has been posted to the City's website with the agenda in advance of the council / committee meeting. APPROVED BY: Dan Chapman, Chief Administrative Officer ATTACHMENTS: None Page 97 of 441 Staff Report J IKgc.;i' r� R Development Services Department www. kitchen er.ca REPORT TO: Planning and Strategic Initiatives Committee DATE OF MEETING: February 26, 2024 SUBMITTED BY: Cory Bluhm, Executive Director, Economic Development, 519-741- 2200 ext. 7065 PREPARED BY: Eric Rumble, Arts & Creative Industries Coordinator, 519-741-2200 ext. 7424 WARD(S) INVOLVED: All ward(s) DATE OF REPORT: January 25, 2024 REPORT NO.: DSD -2024-026 SUBJECT: Public art policy review and revisions RECOMMENDATION: That the proposed revisions to public art policy GOV-COR-816 be accepted; and further, That five artworks displayed at two City -run cultural facilities be incorporated into the public art collection. REPORT HIGHLIGHTS: • The purpose of this report is to articulate revisions and improvements to the City's 1 % for public art policy, with the goal of improving its implementation in the future. • The key finding of this report is that the policy has been applied inconsistently and adjustments can be made to modernize its content and recalibrate its effectiveness. • The financial implications are that allotments dictated by the policy will become consistently integrated into applicable capital projects. • Community engagement included consultation with the Public Art Working Group. • This report supports the delivery of core services. BACKGROUND: For various reasons, internal awareness of the City's public art policy has dwindled in the last decade. This has led to inconsistent application of the policy. Notable civic reconstruction projects that have not resulted in a public art commission or acquisition include recent City Hall exterior renovations, phase one of RBJ Schlegel Park, and updates to green spaces and trail networks. To recalibrate the policy and ensure better implementation going forward, Arts & Creative Industries (A&CI) staff spent 2023 reviewing the existing policy document. This effort to *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 98 of 441 revive and improve the policy involved discussing changes and updates to policy content with relevant City divisions and developing process adjustments to support its efficient and consistent application. Additionally, A&CI staff consulted comparable cities' policies for reference and possible approaches to consider during future review cycles. Staff also observed that the budget thresholds to produce public artworks to a standard for inclusion in the City's collection in the 2000s are not aligned with 2020s art industry commissions and professional expenses. Regarding this report's second recommendation, five artworks that are not part of the City's public art collection are currently on display at cultural facilities in the A&CI portfolio. Two artworks at 44 Gaukel Creative Workspace were developed during its pilot period. When the Conrad Centre for the Performing Arts was donated to the City, three pre-existing artworks came into the City's possession. REPORT: With the goal of improving the understanding and application of the 1 % for Public Art policy across the corporation, A&CI staff undertook a policy and process review. As a result, staff propose a series of document changes and updates to achieve: • more effective processes for forecasting and integrating public art allotments into interdepartmental workflows; • more appropriate allotment thresholds (floor and ceiling) for producing projects for inclusion in the public art collection; and, • more opportunities for citizen engagement and arts sector development. Appended to this report is a version of the existing policy with tracked edits and additions. Process Improvements More effective process changes include an interdepartmental working group that will meet annually (see section 4.7 of appended policy edit) to align future public art projects and budget allotments with capital forecasts. Other adjustments aim to clarify details related to allocation eligibility, project types and locations, general definitions and various City staff accountabilities. These projects will inform the interdepartmental working group's initial inventory of upcoming projects: • RBJ Schlegel Park development; • Mill -Courtland Community Centre expansion; • City Hall Customer Service Centre renovation; • Utilization of allotment from the Civic Centre parking garage development; and, • A second attempt to solicit an artwork for Doon Pioneer Park Community Centre. The working group will also investigate future opportunities such as park improvements, cycling trail redevelopments, upgrades to community centres and pools, as well as significant partnerships such as Conestoga College's Creative Industries School and the Bramm Yards redevelopment. Page 99 of 441 Funding Allocations More appropriate allotment changes include raising the minimum budget to produce a public artwork for the collection from $10,000 to $30,000, raising the individual project maximum to $500,000, and clarified consolidated account opportunities (section 4.4). This means that a civic improvement project with site development, construction and contingency costs of $3 million to $50 million would receive an allotment between $30,000 and $500,000 to produce an on-site public artwork. Allotments from projects with lower or higher costs would factor into the consolidated public art account, to be used to create and site projects in underserved areas, for special projects or related professional services. Given the impacts of inflation and based on the costs to produce recent projects, allotments of less than $30,000 are unlikely to result in the procurement of public art that is both substantial in size and built to last. While murals are a feasible option below that threshold, the intent of the 1 % policy is to secure more permanent, enduring works of art. It is also important to stress that a $500,000 project would be rare. This elevated upper threshold aims to enable the City to commission and produce a significant statement artwork in the context of a once -in -a -generation opportunity such as RBJ Schlegel Park. Additional Opportunities Staff anticipate more opportunities may result from an internal refresh of the policy after the revised version is approved. Opportunities could include using smaller allotments to develop semi-permanent projects such as a series of limited -scale design features integrated into various green space improvements. The A&CI team aspires to provide opportunities to animate the public realm that are appropriate for emerging, mid -career and established artists. Pursuing a spectrum of projects of varied scales, budgets and complexity will aid professional development of the local visual arts sector and provide more ways for local artists to engage in public space. Adding existing artworks to the City's collection To properly maintain and preserve a few artworks displayed at cultural facilities owned and managed by the City, staff recommend adding the artworks to the public art collection. Two of these artworks are installed inside Conrad Centre for the Performing Arts: • Thalia's Curtain (2001) by Carol Bradley • Warnock MacMillan stones by Lois Scott, year unknown Additionally, installed on the Conrad Centre exterior is Between the Acts (2002) by Jane Buyers. Maintenance guides will need to be resourced for all three donated artworks. Two artworks commissioned during the pilot period of the Creative Hub at 44 Gaukel were developed in close collaboration with City staff, both of which are relatively simple to care for and can enhance the affordable artists' workspace project as it continues to evolve. They include: Page 100 of 441 • In the Keep of Change (2020) by My Pet Skeleton (aka Vincent Marcone) was produced to visually symbolize the Creative Hub mandate and installed on the 44 Gaukel exterior using a unique fastening system developed by City print shop staff. • The collected contributions from The Beasting project, composed of black ink visual artworks by nearly 80 artists from 2020-2023 (and with future contributions anticipated), is a core attraction inside the facility. Other artworks in the public realm that involve more complicated conditions, such as being sited on private property, could be considered during the next policy review cycle or as individual cases. Staff have identified these five artworks as priorities because they all lack clear ownership while also being featured assets of active, City -led cultural facilities. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: The recommendation has no impact on the Capital or Operating budgets. The 1 % policy will be more consistently applied to individual budgets on a project -by -project basis. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the council / committee meeting. COLLABORATE — The following internal colleagues were consulted by A&CI staff to inform the revisions in the proposed policy edit: • Heather Liddycoat, former Design & Construction Project Manager • Ashley Visneski, Parks & Open Space Design & Development Manager • Mark Hildebrand, Neighbourhood Programs & Services Director • Steve Allen, Engineering Design & Approvals Manager • Becki Hamilton, Budget Analyst • Sandro Bassanese, Site Plan Supervisor • Natalie Goss, Policy & Research Manager • Darren Kropf, Active Transportation & Development Manager • Beatrice Powell, Facilities Asset & Energy Management Manager The City's Public Art Working Group, a subcommittee of the Arts & Culture Advisory Committee composed of arts professionals who advise staff on related processes and projects, was supportive of the policy changes in discussions during summer 2023. Selection criteria for public artwork juries in the policy edit was informed by reviewers hired in 2022 to provide equity and inclusion perspectives on the call for proposals template. PREVIOUS REPORTS/AUTHORITIES: DSD -21-173 Addition of deaccession process to GOV-COR-816 June 2016 Policy 1-816 template reformatted to new numbering system November 2011 & August 2010 Policy amendments as per Council directives Page 101 of 441 APPROVED BY: Justin Readman, General Manager — Development Services ATTACHMENTS: Attachment A — edited version of the GOV-COR-816 policy with adjustments tracked. Attachment B — details about the cost to produce various projects in the City public art collection for comparative reference, as well as examples of public artworks with $500,000 project budgets from other municipalities. Attachment C — images of artworks to be incorporated into the public art collection. Page 102 of 441 APPENDIX A 1 �T(] ire �. FI POLICY Policy No: GOV-COR-816 Policy Title: PUBLIC ART POLICY Approval Date: December 8, 2008 Reviewed Date: July 2016 Policy Type: COUNCIL Category: Governance Next Review Date: July 2021 Reviewed Date: Ju.. y::° c t o 1. !r' Sub -Category: Corporate Author: Author Unknown Last Amended: October 2021 Replaces: 1-816 Public Art Dept/Div: DSD/Economic Development, Arts & Creative Industries Repealed: Replaced by: Related Policies, Procedures and/or Guidelines: To be included at next review. 1. POLICY PURPOSE: Kitchener is a vibrant community where the best forms of public art explore our diversity, tell our stories, andgl�i.i.p.il.:....artists to use creativity and imagination to I.. itir'iict1J..ii„ landmarks and ii„i::iteres li!n gathering places. make ...... The goal of the public art policy is to contribute to the City's cultural identity and its strategic priorities. Ili nteinded Ibeineflifs of the polllic aired lits liu Ileo°nei�ntatlioi n liu°�cllude a g p .... ........................................................................................ ............................................................................................t.............................y..................................................................................1................................................................................................................................................................. foir ireslideii�nts locall artists and Gsetter quality olife....._iri„ increased socia cohesion........................................................................................................................................................................................................................................ 1l .l........::. ii,-.`..., g g y ir]...._ !r�!! i_ Iiicl!r ., increased �.0 itou°��� good urban design, broad community involvement potential for economic development and public access to the arts. in i�°actlice tllmne oolllic s � esli °i! to offeI, falIi o �oi�tui�nlitli�.s foir Il�otll°n u�nlid llevell aii�lists .................L................................................................................................................................!.............................................,...............................................................................................................................12................................................................................................................................................................................................................................................................ y iIn tll°�e ir'e�' lioiin au°nd sn�bstair�tliall coiinu�r'nlisslioir'ns to attuact vvellll estalG�lllisllned �uotessliou°galls, ..................I.......................................i4!..........................................................................................................ii.,...............................................ii.............c..........................................................................................................................................................1........................................J.......J1.j.........J...............................�....!!........................................................................................... 2. DEFINITIONS: Public Art: original .g.Il�. I..1r,1k.s, permanent orIrisili in any medium or .. ....... discipline, placed, IiliIstalllled incorporated or performed in publicly accessible indoor or outdoor locations in response to the site and for the benefit of the public. 1 of 10 Page 103 of 441 K3 For the purposes of this policy, Public Art does not include plaques, archival collections or heritage assets already supported by other budgets, committees and policies oir tern oiraum artworlks wlifll°: a �u°°odactlioin bind . et of Mess tll°:an f 0 0 0 suucll ................................................................................................................................................................................................................................................................................................................................................................................................................................................................s......................................................................... p y I as alii� ted rnuralls or dli . litall lirna . ems a Allied to su.:irfaces oirn vliir� II... ...... .............................................................................................................................................................g............................... ........................0.................................IL............................................................................................... .................. ..........................................................y......... li euru.q.iaurmeur.t„ refers to .:°�Q Illic au -t that Is intended to I��ae dlis Alla �, fou a decades or i�noire .................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................0.. I y su. oirfed IIS a Il:::)u.ullrslllic Art Il:::�olllic allllotumeirnt of O OC�O oir irnoire wll�licllr Is added to tll�ie ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... I y y Cit of Illitcll�neur�er°sullalllicu°t �ollllectliou� IGS a ueou°t i�°ecoirnuner:datlioiiu fo Couuuclill, .....................................................................................................................................................................................................................................................................y.................................p......................................................................................................................................................................................................................................... Seurnlii eururmmaurmeiint„ refeii°s to °ull lllic airt that Is lintended ded to Ilse dlis lla ed fou vauliall lle .............................................................................................................................................................. p................................................................................................................................................................................................................................................................... u....................y.............................................................................................................. Feu"Bods of tliirne su ::r: oi�ted Id a olllic alllloti�neirrit of Ibetweein `�0 0 90 aind 30 000, .........................................................................................................A........................IL.......t.......................................................y....................Ip..........................y.........................................................................................................................................................................................1........................................................................................A.................................. "t eu r urau „ irefeirs to ul lllic aiif itlhat Is liintended to hast two eair°s ou Mess su � �oir°ted ...................................I ............................................................................................................I..................................................................................................................................................................................... y..................................................................................................................I L............................................... a olllic allllotrneirnt of se, au°ate Il ud rwt of Mess tllnaii 110 000, y....................Ip..........................y...................................................................................................................Ip........................................................................g...................................................................................................................................,.................................. if eaccessliioir..11un „ refers to the forrnall and eri��au ueu�t ireimovall of ain liteu°n froii -i fll�:e ..................................................................................................................................................................................................................p............................................................................................................................................................................................................................................................................................... collllecflioin ou°'ii liinallll ac ulired on a eu i�naii°�ei�t or seiriili.... Feu rnau�eint Ik:aslis, .............................................................................................g..............................y......................................................................................................1.........................................................................................................................................i�........................................................................................................................ SCOPE: 3.1 The policy serves the City of Kitchener's many neighbourhoods. It supports the development of partnerships with the public, the arts community and arts service organizations, and with institutional and private sector partners. 3.2 The policy supports: (a) Involvement ofli°>riu�pu.�u lit,y...II°t]t II IG iI° , including young people, in public art projects whenever possible; (b) Opportunities for the involvement of educational institutions whenever possible; and, (c) The continuation of current youth programming. 2of10 Page 104 of 441 POLICY APPLIES TO THE FOLLOWING: ❑ All Employees M All Full -Time Employees M All Union 0 Management ❑ C.U.P.E. 68 Civic 0 Non Union ❑ C.U.P.E. 68 Mechanics ❑ Temporary ❑ C.U.P.E. 791 ❑ Student ❑ I.B.E.W.636 ❑ Part -Time Employees ❑ K.P.F.F.A. ❑ Specified Positions only: ❑ Other: M Council M Local Boards & Advisory Committees 3.1 The policy serves the City of Kitchener's many neighbourhoods. It supports the development of partnerships with the public, the arts community and arts service organizations, and with institutional and private sector partners. 3.2 The policy supports: (a) Involvement ofli°>riu�pu.�u lit,y...II°t]t II IG iI° , including young people, in public art projects whenever possible; (b) Opportunities for the involvement of educational institutions whenever possible; and, (c) The continuation of current youth programming. 2of10 Page 104 of 441 3.3 Two citizen advisory committees are directly involved in the public art program: the Arts and Culture Advisory Committee and the Public Art Working Group. 3.4 The policy affects a.1ji. City departments .d......ji.Il:n.......pg.fticll..l....:[ll."].e:.e......jiyji jio..i.ns._o..p."....:te a,!i'...::.. Economic Development, Financuall �q!!°atuoup, Legal puvuc Facilities Management, If: lislk IMaina °emeunt or orate Coirn"nu°fnuurnlicatliourns au�nd Marketing g ,...............................................................................,g.................................................d.................................t................................................................................................................................................................................................................................................................................. Planning, Engineering.x.......li:�. !!pll� .......!!::i........ Ila t !!°:ji."..d.......all°�.......:tII�......... oii'n!rrlu�Ini:ty.....Services l; g au°turneu The Arts and Creative l��stu tearn wutnuu� tng I conorr f°„,n 1::: y llca.11 !ri p! :............. iiviisiion.A................11::: y ll.p.lt�.pn.g! .!. Services Department, is primarily responsible for policy implementation. 3.5 The policy governs programming which results in the permanent acquisition and/or spll li,,,It gil lhr„- u°� it t display of public .irk. Program funding derives from a one percent allocation applied to civic projects with construction budgets u°eafer 2,tau $100000 . liu.nclludliu°n .g.! llic faC1..11itlies au°Iles au�d fu°alills aund otheir ........................................................................................ 1 .A............. ...... ..................... ......... ................n".............................................................................................................d........."...............................................................................................................A................................................................................ 11 .gQ Illi_p g Uull2_� p li„!rµng p, q . The municipal public art collection develops through this program. 3.6 Eligible projects include new construction or construction that achieves major changes in the scope of g giiyiig facility g11m tullllji „IFagd such as new programs, services, featuuc: or functions. This does not include projects where only routine maintenance is being carried out grl1-)LAJll i�tiyigpa „ag1.„i„pt„g . 3.7 The policy does not govern programming under the Industrial Artifacts Project title, nor the Artist -in -Residence program. 3, Clit staff liirnn Iletin eir t9iun tune olllic o ust coirnn nll r�rliflh fedeirall rovliu cliall sand ......................................................................................................................................I �........................................................................................................U................................y..................................................................................t..........................................................................................................d.........1................................................................................................... g r u�:I.. lick gall (laws ar)d liirnteirinatliou°�all conventions and fu°eaflies sli tined lig Cairnada .......................................................................d...................................................................................................................................................................................................................................................................................................................................................................................................................................................d.. liurngll.....ii.!i2f�t....l�.g:�.....11].g:.....Il..ii!i ..ait.g .....:tg.::. .....................11...11°ne nicjt .pt.. ..pt ...................................................................................... .0......................11....1't.�=....... r::i to rl g.......l n t .... .gt ... ................. ............................ .....................11....11he Ontario I....ler�tapt °.._ fit .............................................................................................................................................. ......................IC:::II.:tg.......n:n.✓t t.t nt:_.gt 1....11°ne o .gal ,,,,. e�cfom of I nforrfn°uation and �::�rotacfiorn of F:�riu�a� Act ..................................................................................................................................................................................................................................................................................................................................................................................................................... Il.l��pt n lt:lp /t p�t�p ck.. t .................................. ............._� 11...11-ne Wild Animal and FlIant° Protection and Re ���akL of international and ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. t�2 MLovinptplTrdep ........ ...................II.....II°�.p...... l�n�t.: t.... ��, L r:t ...t. �f .p.�:t:..p1� ....lr � g�°t......gt 11 he U114[::::::SC0 "Coirnveinflioin oin the IMeans of I rolhilbitliirn, aind I1:::)u°-evenflng tune ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... lllllliclit I1ir nt,)oir'f, II::::::.xu out air°nd Firainsfeur of C: winerslltliuD of Culltuu"all I1:::�11”Meirty 19'70" : acrid Air�n sulG,�se ueir-nt revisions oir re, llagg.Lneun.ts of these Acts or Cornveu°n�tlioirns ........ ......................................y...................................................t..................................................................................................................................................................................................................................................................................................................................................................................................................................................... . 4. POLICY CONTENT: 4.1 Through the public art program, the City acquires pglll„Iig...!!W of excellent quality for the purpose of permanent or gg11 uii,,,li; g!!tun „!! eint displays in public places 3of10 Page 105 of 441 such as civic buildings gii] d.. plazas, streetscapes and open spaces (parks, trails). 4.2 Strategies,,,, ,!!„n ,,,,,,,II II !r„girnji n.g for the best use of funding and preferred sites based on specific criteria wnllll Ilse coonrdliirmted Ib tune units au°�d Creatlive Ilindustu°lies p............................................................................. .y............................................................................................................................................................................................................................................................. CII tear n lI n collllabon°�atlionrn With II°:)ulk)nHc n°t oirlki..n Gn°�ou.� � II°°° G nnc��u�I��eu s C.......................................................................................................................................................................................................................................................................................................................................................................0.................................................(..............................................................................!...........J..................i ......... au°nd tll° e Clit "s IiinteuPd���auFtu eu°Mall wou°Il lio n°ou s ctlioin 4,� . Criteria for y............................................................................................................................................................................................................ g...........0 ........................ g................................................................................................).. preferred public art sites and pulblllic girt include high visibility locations and appropriate scale, ease of public access, relevance to the community, ease of maintenance, consistency with the City's Urban Design Guidelines and Neighbourhood Design Guidelines, quality of the gu g!!pll(, budget q and qlp. �a!i:D�uilli�li „throughout considerations and equitable distribution of sites the gity. 4.3 One percent of the costs of civic projects with construction budgets g.pgg.ir lll!in $100,000 are allocated to a consolidated public art capital account. The maximum allocation at the one percent contribution is $,500,000. Costs Ilii,-: cduded Ilio allllotn°rent callcullaUon acre tie slice dev610 u2eu!nt cou nstructlion ..................................................................................................................................................................................................................................................................................................................................................................................................................................................................................d...........................................ItI................................................ nrrnaten°Balls au�nd II bour aired u.e hated con°nt:liu°n eu°nclies, Otlhe. desli� a or urvofesslionall ........................................................................................................................................................d.........................................................................................................................................................................................................................................!................................................................................................................................................................. d II fees :�urvo"ect lnnau�a emeunt Interior ameiigll lies oir servlices fuer°nlislhI.1°°n s and .................................................................................................................................................................................................................................................. ............................... II � 0 g ec uli irneu nt cau.., tecll..nnollo sQnoulld a°not IG°�e llnclluded lI n the allllotnnernt c;,allcullatliou°n, ..............................................................................................................................................g..y..........................................1.............................................................................................................................................................................................................................................................................................................................................. 4.4 Civic construction projects contributing to the consolidated capital account are eligible for a public art project as follows: (a) Projects that generate less than $0,000 (a!Ngilnpll one percent of a capital budget less than $3 million ung .....I _g2.!!- eir , g pW g Give a p g ) y ........... supplementg............... llb .tn.��„g from the consolidated account,,, If ll° g....„_irnji!!°nli„!n,n_L�!i, allll gatuou n r qu liu od (n dove lop„ any p ut°u1 public art protect for the s L............`................x................................. i!: y.'..�.....g rll„II_ g�li�ail�. ! 0 000, (b) Construction projects that generate more than $100,000g...A, one „ percent of a capital budget greater than $10 million)will consume 60to 5 I .g.[cein.„t of the one percent allocation for g public art project.......g.Il ..........: g The remaining 2.5 p m!2.tnnl o!Irv!i n_gil°g of the allocation is contributed to the consolidated fund for use nn Lll°�e!iP iCrr p :lpgirn°rnaine gi!w t o ilk„ngilt n°]t projects and to sc irvg the priorities of the community I .y cn ilInc _g wcllll,,,, 6strlilbu�uted aiod c:Rulltuu°�allll re an seen°ntatlive a°netwo irlk of public artwoirks. .............................................................................................................................................................................y....................t......................:,..................................t........................................................................................................ p ........................................... (c) Construction projects that generate an amount between $,,,000 and $100,000 will consume the exact amount of the percent allocation for public art project. W.) l ullt:li Ile gllllotmeints to the cornsolllidated accouint tll”"dal acre eun� it°sled Ib ..........,)............................................................................................................................................................................................................................................................................................................................................................................................................................................................... g.................................................................................... y. u�rnullt1i Ile urvo"eats liar airy au ea of ell e Clit can Ik e comp lined to linforn�rn §lite t...........................1p.........................................................i." ......................"..........................................................................................................................y.....................................................................................1............................................................................................................................................................... sellectlion for a new oull:.�lllic artwoirll, created with coiosoll lida�ted fu i ndsf°°:or 4of10 Page 106 of 441 exau° Ile snnallll �airll a nada allllotirn°neu°:ts cou.�lld IG e counli:rliu ed to curveate a p ............... A....................................................... i...............................................0...................................................................................................................................................................................................................................................................................................................................................................... i�,lbstai�i.:�ti. IL.....g„!rt plr„Il�...:f . aulr:.....!rJ............ ..!!:J.. I......lp..:.liIoi n..::: 4.5 The program offers a choice of options for municipal public art projects: (a) Public art projects at civic sites; public art projects at priority sites: All potential sites are assessed with the following criteria: Ownership: The site should be owned by the City or there should be assurance that an agreement for its use is attainable. Public Exposure: If outdoors, the site should have complete public visibility and unrestricted access and offer easy surveillance to minimize opportunities for vandalism qui ........y .........: .....:(gil°.....!r�J.g..liintei r lri . If indoors, the site can be used and/or enjoyed by the public at least five business days per week a year, less statutory holidays (252 days). Significance: Locations of historical significance or that function as gateways into districts.,, neighbourhoods,i;A Ilii, ,ih ; ,,,,,,,,bq.gJ[ 11.Jc„p , ,provide special opportunities for i .L..Abinc gilt. Safety and Preservation of,,,,,,irt ,,inplllk,: Sites where high levels of chemical use for snow removal, or where maneuverability of snow clearing machinery is required may present problems for some public art installations. Medians in roadways may not be suitable sites due to the level of risk caused by vehicle collisions. (b).S..................................g.. installation projects re iri ......... �....n2 a .....a.noduct0111 lud e ...................................................................................................e........at.e....r. . 00 than!.......:�... ,. b.......11 .'u.:�....II .....:tIh..P.":i....... .,.��....:::. (c) Promotion of the collection and public education. 4.6 Civic construction projects are reviewed annually to identify those eligible for one percent assessments n II„Ilpiti�i i t . Eligible projects include: a ir�iir�i�!ilri„lit. fadillltiie .... u�_ I„i bUt not limited to community centres, fire stations, arenas, wnn°nn°Djinug Bolls lull uau'ii City Hall and other public -access ouw staffed facilities, iiia„ [2! Jl qji 'ii„i"n,g „ i 11„i g„ Kitchener Memorial Auditorium, tai �li61.ds, parks .A.1tll°� actnvo n ecu cat gig hall (acnllntnes trails oury o Llh. eii gu°'eo.rn.... t ac s I d eeune itl.!.p.l°::l� ,...!�"g�q..Ili . ..i. „i...!...n i i„ i ili e..d ...p�:J.ces,.. and streetscape improvements with elements of feature landscape designs. These projects will be reviewed using the same criteria described in Section 4.5,, [R.2 s. sewers o[ u!.!! �° a oun°nd linfrasturvuctuu e n°'o°eats are n of ellli lilhlle, ...............................................................................................................................................................................................................................................................................................Ip..............Jr......................................................................................................................................... 4, 7 [::::::Illi lildlle construction pro"acts and Ml Iotmeu°.nts to the courvnsolllidated account are 5.................................................................................................................................i.....................i.................................................................................................................................................................................................................................................................................................................................................................................................... deterurrnliu°�ed lig an linterde:�an°tu�rneDtall orll,lin a-ou:a tllnat urvneets au°�nuallll to .................. ...........................y........................................................................................................................................................................................................................g..........g..........................�.........................................................................................................................................................y..................... conslideiir the cuirren°�t 10.... eau ca �litall t'orecast, orll�lin-) uµou ,� u�en�Il ars lin ucllude ................................................................................................................................................................................y............................................... i........................................................................................................................................................ g...... g.......................... i........................................................................................................................................ 5of10 Page 107 of 441 tll°�e II acl!Illitlies Ilair�a eu°neu°ntu o"ct dellliveu° uaur�ar er l acl!III!tl!es asset eneir g...................................................I....................�I.............................................................................y................................................,,,,I.................,......................................................................................................................................................................... u°nnau na eu eu°nt irrrnana er Pau°°Il�s O Feu a ,pace desk ire devello irne0t ...........................'.............................g................A.............................................................................................................................................................................................................. g mau°na eu° &CII coordliirnator and I:::::lirnance laud , et au fall st tll°nat suu °you°°ts y 1:::::::cou°�c;�u°rnli .. II::::Sevello2u gn .! t, 11 he DCII coordliuP�atoir° wlillll irrnaliirntalirn a forecasted ......................................................................................................................................II................................................................................................................................................................................................................................................................................................................................................................................................................................................. allllotiii Il list and head artwou°°Ilk devello,u��eu°�t activ'it'ies... ...........................................................................................................................................................................................................................................................................................I t.......................................................................I.................!........................ 4.... The program continues to support public art objectives as described in the Official Plan see sectlions 10 1 0 15 and 't 7 lin the 014 docuu°rient "` ....................................................................................................................... a........................... . ......... a.................................................................................................................................................................................................................................................................. a......................... Q.c.! ]„p II t. I¢,,,,,I_ gll„t.II°i„y Il lit 11 eneiir"' „s and other approved planning documents. 4.2The City engages in public art partnerships with the private sector, the institutional sector, arts organizations, and other governments. 4..`x..0... The City encourages the private development sector to participate voluntarily in the percent for art program. 4...11 In construction projects for which the City has provided grants or loans to an outside agency, the terms of the loan or grant agreement ilgy include a q tag!!w!° !i it :.A........: ii°:'n..l!.:::::.� gf!n°ng!!,1ei�:�........AJC::.......:�g!! ..Il p!r il::y........public art to be requirement for included in that project. The grant or loan must be gil:g;g.j. !! 1hg,!!i $,00,000. The 1A t..11..e ag .!! ..g.y.'........ p �,,, &CII staff one ercent allocation will not exceed X00,000. slhoulld Ik)e consullte; d about those �uao"act's L. d ets and cors-nmlisslion .0 ocess ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. II � gm II lout autworll�s urvoduced IIS outslide a eu°rclies are not I!nclluded I!un tll°ne collllectlion .................................................................................................. p............................................................................y........................................................................... g........................................................................................................................................................................................................................................................................................................ and o goi maintenance is the res onsi i ity of the outside aaencv that commissioned t e iece, 4.1 2, The public art collection is documented and maintained to the highest standards. 4,13 I::::1ublllc art maliinternarnce aired re.al!r worn, is exam,�t f'iroir n the Il::::1urcllnaslii1 c�lll!c .....................................................................................:...........................................................................................................................................................................................It.................................................................................................................................II.............................................................................................................................................................g......t................................y re uliremeruts wll�neun irnecessa. to eu'IaUle artlists and ir�ateu°�liall or foirm ex eirts ................................................................................................................................................................................................y.....................................................................................................................................................................................................................................................................................................................p............................ to ° euf'ou°rn s eclialHzed work rellated to malirntaliunliun oir ue .�al!riiu°� tllue oollllectliouu, Q .......................... ..........................................I L.......................................................................................................................................................................................................................................................................... g........................................ L..................................... g................1......................................................................................... I::::::uir°uds liu°n t1ie coirnsolllidated account ma line used-foir inecessar a°rnaliu°'1teinaince ............................................................................................................y......................................................................................................................................................................y...............................ii"ii................................................................. of artwork liii i tll°ie collllectliou°n at the dlisciretliorn of tll°ie ASCII rnau�aoeu°°, .4 14 p to 15 percent of airy �uultblllic au°tworll� allllotrnent irrna Gse used to contract Ihire ..........................................................................................t...........................................................................................y.....II.........................................................................................................................................................................................................y................................................................................................................................................................................... u ofesslionall servlices to su °� out a sellectlioirn r°ocess sucll� as "aurora cull ir.s t....................................................................................................................................................................................................I t.........................................................................................................................I p..........................................:................................................................................................................. A.................................................................. or ut�lllic art coirusulltairnts, �ddlitiionall fuinds frons the cornsolll!dated ull�lllic au�t .......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................Ip......................J.................................... accouirnt fou rof'es Jounall seii ices ma k, e deteru°rnlirned It) tll°ie DCII mantic eu .........................i�.................................................................................................................................................................................y............................................................................................ .................................y...................................................................................................................... .d................... 5 II IIM P III,,,,,, II' IIM I' II ""r "'1" III IIS .1 Roles and Responsibilities 5.1.1 The IL...:tgg!!i manages the public art program and is responsible for project development and monitoring, competition processes, collection management, iipn„t !..-.ii]gll giiq! d e..x tg„ii°„!rngll communications and 6of10 Page 108 of 441 partnership creation. However, the program's implementation depends on participation from many departments in varying degrees. These roles range from plgiJ.m [1.21r i1t Ito ntq�_lminiIi contract preparation to a il..w ourvll< ev.allu.a tuounii. . maintenance. 5.1.2 The Arts and Culture Advisory Committee's permanent sub- committee PAWG provides specialized advice on policy, program and projects.,, and champions the program in the community. All acquisitions, whether by competiti've,, ,o"i _ii„iriyii„L tiio"ii lI. _commission, direct purchase, or donation, are reviewed by PAWG and then by the Arts and Culture Advisory Committee. This advisory committee support is communicated to Council when recommendations are made. PAWG members routinely serve on competition juries. 5, , 1::::1ir ect dellliveu staff lion Il aclilllitlies Il aura amen nt wlillll coirnfliu�u°n allllotmeu°rt ................................................................................................... y........................................................................................................................................................................9............................................................................................................................................................................................................. au�°]ou.�urts du.�rliii� the scheu�natlic desk ire Ilnase of a cliylic con stn°�uctliou°� ..........................................g..............................................................................................................................................................u................................................................................................................................................................................................................ u. ! if ° osslit: ie the A&CII cooir6irnator arnd/ou. represeu�tatliye of ......................................................................................................................... d......................................................................................................................................................................................................................................................................................................................................................... I°°:1AWC slhoulld IL)e liirnvollved lion tll�ne cou°rce tu�all Ilu ns of a ro"ect to ....................................................................................................................... p..................................I t.................................................................................. p.............. ........................................... effectlivelly i«Ilau� and liir°ntearate airnv inew aurworlk. "IRIII assliou°°ned II:::::II igjact urnau°nager wlillll II°nell,n to evallu.�ate au°nd give liirn g.1 oirn tecQnu°nlicall ..................i......................................................................................................................................................................................................................................................................................................................................................................................................................... detalills ofroosed au°twoumlls duirliu� tll°�e sellectliou�irocess su�cll� as ................................................................................................................................................................................................................................................................................................................................................................................................................. d................................................................. lu°nte u.atliir. str u�.,, mall sur you°t measu�uues oir° safely recanliremc a°nts, g...................................9.................................................................................................1I....... t..................................................................................................................................................................y................................................................................................ .... . 5, ,4 II:::::°lig°naDcliall Ions staff co.ynst..ructoiii alllotu s toe........................................................................................................................................................................................................................................................................................... . the cornsoll lidated account and hell ;s to foir� yeast artwoir°IIS �u°°o"acts, ....................................................................................................................................................................................................................................................t.......................................................................................................................................................t................................................ 5.1.5 CommUrnli' rr eu ult ears and wc�u°°h ars fu° : urr� the ir.ecg lion°gall arts secmtor y...................................................................................................................................................................................................................................................................................... participate in competition juries to provide balance and stakeholder involvement. Ward councillors are invited to participate on public art j ... y.II:.................................j.............:.y.........................:......:....lt°:........:............I.......I......................... 'i u�u cI.. u de a :air.....Ip-......ii.l�::�.....their wards. °Mica �uu cou�n osrtioiii juries ....... u e resew°ntatlive fu o121. II::::.A C addlitliounall vlIsUall au°.ts pirofesslioir]alls a u e reseir�tatlive of tlbe ro"act ,�autneu s acrd tll ue :pro"act au°cll�litect, L...........................................................................................................................................Ip..........................................ll.............................................................j...................................................................1....................,t.............................................................................................. Cu°ne ouw more clitli :en at Ilan e "u a ourvs lis airy o tlioin ocu�s you .sou 9...............................................................................................................I.................................................................................................g......................t................................... cor nui.t feedlbaclk o ort!I.!IIitlies four ireslideirnts can allso rovlide a ..........................................................................y.........................................................................................t...t.................................................................................................................................................................................................................................................Ip............................................................. Co..i nit lii�natli0 ir. of uon`essliounallliz:ed delllill eratli�;�i�n acrd clitlir:eurn Burn et, ...... ...........................................................................................................L...................................................................................................................................................................................................................................................................................................................t...................... 5.1.5 Public art celebrations are designed to be public events. 5.2 Project Planning Public art information is included in RFP documents for eligible construction projects. With this approach, public art is integrated earlier into the capital project for both efficiency and optimum results. 5.3 Acquisition Methods 7of10 Page 109 of 441 A variety of acquisition methods are used to better serve the needs of unique projects and situations and the overall mandate of the collection. Open competition -generated commissions, invitational competition -generated commissions, direct purchases and donations are used. 5.4 Jury Procedures Competition juries ensure a fair public process through balanced participation by community representatives, other project stakeholders and professional arts community representatives. Competition juries function in accordance with established procedures. L...yltiIl.......yllli.p":n.....!h:!.:..........J y .. ....................... i.tgr!.g......1 .........ILII"n...........:......::.. • Artlist or° tear,rn uallliflicatlior°ns and aLnlilllit to r'°oduce Il nli Ile ualllit ar°twor°Iles q................................................................................................................................................................y.........................p...................................................................................9................................y.....................................................................a.. • A.i,.tlist or tearnn ca aclit to successfullll cor rn Mete arnd linstallll tllnelir r°o,nosall ................................................................................................................................................................................ u...........................................................................................................................................................I.................. �.................................... a. y y • Artistic merit of a go osed coirnce, t to er�nlhairnce or actl! ate ullslllic s pace .............................................................................................................p....................................................................................................................................................................................p................................................P............................d. • If: ellevarrnce or r es �orrtrsliver��ess of ar°twor�ll to slue aired/or coirn'nin�nurnlit oalls� .................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. q................................. d. y,,,, • Ar°°dist orry teai°n. ca aaolit to collllalbor°ate With Ibulilldlin desk in �rMofessliornalls t..............................................................................................................................................................................................................................,.................................................II.................................................................................................d. y g • A' ar°o ar°liateirness of tlhe scalle vlislill�lilllit aged/oir° :.sir'eseirnce on tll°ne ar°twor°II ....................................'................................................................................................................................................................................................0........................................................i�............................................................'..........................................................................................................................................................................0.. N� I" I" w N� • A iro�r°liaterness of roosall to tune Il.:r�rd :t sco e aged tlimelllirnes avalillallsslle .........................................................................................................................................................................................................................................................................................d............................................................................................................................................................................................................................L. Ip p • ultall°, lland sustainab..iof Mateµial and mai�te°apce re ............li...11'.....e.........me nslt t ..................t ....................................................................................... • Cer°eir.all tecllnr..nlicall feaslilG�lilllit durrablilllit asser�nlhll sa0�.t accesslilGlilllit .............................................................................................................................................................................................................................................................................0..........................................................................d...............................................0............................................................................................ .7.. y y y y y) 5.5 Technical Review of Proposals All commission proposals derived from competitions, and proposals for direct purchases, are reviewed by an interdepartmental staff team and, as needs warrant, by outside experts, to assess compliance with mechanical, structural, health and safety, and maintenance requirements. y° lIcallll tune linterde ar"°tr°nrnerntall teairrn wound lirncllude thea cro r°lista °aclillliillies .It..............................y..a.......................................................................................p......................................................................................................................................................................................................................................................................t ..t.................Ip....................................................................................................... barna ernrerrt ro"eot irrnarna er aged a crew reser°ntatlive of he I[::::::irn liirneer°lire sand/oir ....................................................L......................................................................................g................................................................................t�..........................................................................................................................................................M................................................g.................................................... � ulilldlirnc dlivlislioirn aired poterntliallll l gar 11 s Il::::Illar�nnlirn ore. I1: lislk R ana eimernit sitaff, ......................................................................................................t...........................................................y.................................................a..............................................................g.........................................................................................................g....................................................................................... 5.6 Education Public education strategies include, but are not limited to, participation on juries, communication tools such as signage, artist talks, brochures, website information, and public art symposia. 5.7 Deaccession The City of Kitchener reserves the right to remove objects from its public art collection under the following conditions: a) The item has been lost, stolen, or damaged beyond repair. 8of10 Page 110 of 441 b) The item has deteriorated to a non -restorable condition where the costs of conservation outweigh the value to the collection. c) Duplication: The object is a duplicate of another one in the collection. d) The item's non -conformity to the collection mandate or problematic changed cultural significance. e) Endangerment of public safety. f) Legal compliance (proof of ownership; maintenance of the integrity of the public trust). g) Site redevelopment. 5.8 Process of Deaccession a) Deaccessioning will be by means of gift, exchange, sale or intentional discard (destruction of an object that has lost its integrity or cannot be gifted or sold). The method of disposition will be in accordance with the City of Kitchener purchasing by-laws in consultation with Procurement. b) A decision to deaccession must be based on the recommendation of City staff with consultation received from PAWG and ACAC. The consent to deaccession shall be recorded in writing and remain as an integral part of the documentation pertaining to the transaction and the object's city public art collection history. c) The recommendation must be approved by Council. d) First consideration is given to a not-for-profit institution that can provide a high level of care for the object and can continue to keep the object accessible to the public. Second consideration is given to the disposal of objects through public sale, and third disposal. e) All proceeds from sale or auction of works shall be credited to the Public Art coinsolllidatE:d accou inL. f) In the event that artwork accepted by the City is to be deaccessioned or moved, and it relates to or otherwise reflects the history of the City's Administration and Local Government (i.e. Portrait of Mayor, City Hall or City owned facility), it will be donated free of charge to the City's Archives and be managed through the Corporate Records Management and Archive Services Department in compliance with the Corporate Records Management Policy. g) The object will not be transferred for ownership to any employee of the City, or any person associated with the program. 9of10 Page 111 of 441 h) When there is any doubt a b.o u„t the legality of the disposition, consult independent legal counsel. i) The disposition must be documented: updated condition at time of disposition including photographs, all agreements, correspondence, record of the decision of the method of disposition and any subsequent use of any funds from the sale of deaccessioned artworks. j) Ensure complete transparency and communicate the disposition to the public. 6. HISTORY OF POLICY CHANGES Administrative Updates 2016-06 - Policy 1-816 template re -formatted to new numbering system and given number GOV-COR-816. 2021,,,, t 2 Addlit9ioin of deacces.................... ............................'70 .e....s...?e.0 , .I........................................................................................, .. Formal Amendments 2010-08-20 - As per Council directive 2011-11-14 - As per Council directive 10 of 10 Page 112 of 441 DSD -2024-025 ATTACHEMENT B I Public artwork cost references Summary costs of complex and/or larger artworks in the City's current public art collection: • Kitchener Fire Department invested about 90% of the $300K budget to produce rrr%t a .td� ..:1�1fea ray (the firefighters' memorial) in Civic Centre Park in 2005 • Approximately $168K including commission, installation costs & project administration costs were used to create Flux at KPL Central Branch in 2014 ........................ • At least $100K went into commissioning, installing and administering ]ledestri.Ea,n at the Charles -Benton garage in 2011 • Approximately $66K was provided for artist and administrative costs to develop..' f. I. U qe 1protect for Victoria Park in 2006 (not including costs for site development) • A budget of $85K was spent on artists' costs to site the 5'weet.PL.a fountain at Kitchener Market in 2004 (not including related facility integration & plumbing costs) • An artist contract for $47K exists for the commissioning of .ffi s:e oaa er at City Hall in the 1993 (not including additional site development and installation costs) Examples of public art projects with $500K price tags, recently produced or in development: • M City Park public artwork commission currently in development in Mississauga: yoursay.T711SsiSs lCt mcity-park • Gradient Space by Derek Root at Ottawa's Tunney's Pasture Station: interst J1e<>1ass.com case stud tunne ,s asture statin • Coordinated Movement by Jillian Holt at Ottawa's Hurdman Station: illanholt.ca Coordinated-1l�lovement • Essential Tree by reahties:united at Rogers Place in Edmonton: Mgr r ip a Lmm. t lrree ublt� art con.ce is fc�r r� p ,zees... lay e i:x.nc eile�l • Travelling Light by inges idee beside 96 Ave. NE near the Calgary international airport: calt_ar .ca arts -culture ublic art:: 96 avenue-ne.html. • Sail by Eduardo Tresoldi at Queen's Marquee district in the Halifax harbour: nn�� ta,grnm.corny (J.D N.l� it)l Mz (& further.._d tails via Develop Nova Scotia) • Intriguing multidisciplinary call in Toronto: a. tmbo...c_a /hs(ingsLcaiI for expressiotns- Q7f:._tnt�.n ... �.s:�.�:ge street -public artlsrro :�carxn..._� t -of toronto (progress TBD) Public art projects to emulate & inspire the opportunity presented by RBJ Schlegel Park: • Onhwa' Lumina in Wendake, Quebec: t�:��:��;nentfac for.3LiL.2 work...._ Yl: all onhwa 1.u.m.in..a Likely a far larger price tag given the augmented reality production costs, but a highly compelling example of multisensory, mixed material/media public art that aligns with land acknowledgement, authentic reconciliation and skills development • The' ldc.rv. ➢,1c...J?i,rst..1' at,Q"ix medicine garden project in collaboration with the City of Kprogra ingston's ublic art pm • Two Row Architect's`JC:IdJl1..]f,.,a:ft:n��.._Acknowvde�ig .men..t... sculptural installation Page 113 of 441 DSD -2024-025 ATTACHEMENT C I Artworks at CCPA & 44G Artworks inside Conrad Centre for the Performing Arts Tbalia's Curtain (2001) by Carol Bradley Warnock MacMillan stones by Lois Scott, year unknown Page 114 of 441 Exterior artwork at Conrad Centre for the Performing Arts Between the Acts (2002) by Jane Buyers Exterior artwork at 44 Gaukel Creative Workspace In the Keep of Change (2020) by My Pet Skeleton (aka Vincent Marcone) Page 115 of 441 Artworks inside 44 Gaukel Creative Workspace Collected contributions from The Beasting project, currently comprised of 80 black ink artworks by 79 artists created from 2020-2023 (a portion of that collection is captured above on the left wall, column -shaped display & the four -artwork composition on the bulkhead) Page 116 of 441 Staff Report J IKgc.;i' r� R Development Services Department www.kitchener.ca REPORT TO: Planning and Strategic Initiatives Committee DATE OF MEETING: February 26, 2024 SUBMITTED BY: Garett Stevenson, Director, Development and Housing Approvals, 519-741-2200 ext. 7070 PREPARED BY: Eric Schneider, Senior Planner, 519-741-2200 ext. 7843 WARD(S) INVOLVED: Ward 5 DATE OF REPORT: REPORT NO.: February 12, 2024 DSD -2024-076 SUBJECT: Zoning By-law Amendment Application ZBA23/038/G/ES 186 Gehl Place Kitchener Green Developments Inc. RECOMMENDATION: That Zoning By-law Amendment Application ZBA23/038/G/ES for Kitchener Green Developments Inc. be approved in the form shown in the `Proposed By-law', and `Map No. 1', attached to Report DSD -2024-076 as Attachment `A'. REPORT HIGHLIGHTS: • The purpose of this report is to evaluate and provide a planning recommendation regarding the Zoning By-law Amendment Application for the subject lands located at 186 Gehl Place. It is planning staff's recommendation that the Zoning By-law Amendment Application be approved. • The proposed Amendment supports the development of a draft approved subdivision with low and medium density residential lands, institutional lands, open space, and active park space. • Community engagement included: o circulation of a preliminary notice letter to property owners and residents within 240 metres of the subject site; o installation of a large billboard notice sign on the properties; o Neighbourhood Meeting held on January 18, 2024; o postcard advising of the statutory public meeting was circulated to all property owners within 240 metres of the subject site, those who responded to the preliminary circulation; and those who attended the Neighbourhood Meetings; o notice of the public meeting was published in The Record on February 2, 2024. • This report supports the delivery of core services. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 117 of 441 • This application was deemed complete on December 15, 2023. The Applicant can appeal this application for non -decision after March 14, 2024. EXECUTIVE SUMMARY: Planning Staff is recommending approval of the requested Zoning By-law Amendment Application to add special regulation provisions to the Zoning By-law on the lands to establish site specific development standards for the draft approved subdivision. Staff are recommending that the application be approved. BACKGROUND: The City of Kitchener has received an application for a Zoning By-law Amendment from Kitchener Green Developments Inc. to add special regulation provisions to the subject lands to establish site-specific development standards for the draft approved subdivision. An application for Zoning By-law Amendment and Draft Plan of Subdivision were made for the subject lands in 2014 (ZC14/10/G/JVW and 30T-14201). A settlement for these applications was approved by the Local Planning Appeals Tribunal (now known as the Ontario Land Tribunal) on February 14, 2020. Kitchener Green Developments Inc. has since purchased the lands and is seeking to establish site-specific development standards to match the surrounding lands also owned by the applicant. The lands are located in the Rosenberg Secondary Plan in the City's Official Plan. In the Rosenberg Land Use Plan (Map 22e) the subject lands contain the following land use designations: • Low Rise Residential One • Low Rise Residential Two • Medium Rise Residential One • Mixed Use One • Neighbourhood Institutional • Neighbourhood Park • Open Space • Natural Heritage Conservation • Deferral Area Site Context The subject lands are addressed as 186 Gehl Place, and also described as Plan of Subdivision 30T-14201. The parcel has a lot width of approximately 166 metres on the south side of Bleams Road and is approximately 42 hectares in area. The site was formerly used as an aggregate pit, which has since been decommissioned. The draft plan of subdivision proposes new local roads and the extension of major collector roads Rosenberg Way and Amand Drive. Amand Drive is aligned with Donneworth Street to the north of Bleams Road and runs in a north -south direction. Rosenberg Way runs in an east - west direction and would connect the near -completed subdivision to the east (30T-08206) with the draft approved subdivision to the west (30T-18201). Page 118 of 441 c µ. W. v5t %r3, I Ly ST K:) ,,AA VLJ,.WANA NADOW'' ., S aaAXON'v`Y` S W C� G,VYi 11Ow Ql � S1 Y tP� Figure 1 - Location Map: 186 Gehl Place (30T-14201) Figure 2 - View of Subject Lands (from Bleams Road) Page 119 of 441 REPORT: The applicant is proposing to develop the draft approved subdivision with the same orientation and street layout as approved. However, the applicant is seeking to add special regulation provisions to the subject lands to establish specific development standards. The development standards proposed will align with standards that exist in the approved subdivision to the west and southwest, also owned by the applicant. A minor modification to the draft approved subdivision is also under review to slightly adjust some lotting configurations. Minor modifications are delegated to the Director of Development and Housing Approvals and will follow Council's decision on this application. Planning Analysis: Planning Act, R.S.O. 1990, c. P.13 25. Section 2 of the Planning Act establishes matters of provincial interest and states that the Minister, the council of a municipality, a local board, a planning board and the Tribunal, in carrying out their responsibilities under this Act, shall have regard to, among other matters, matters of provincial interest such as: f) The adequate provision and efficient use of communication, transportation, sewage and water services and waste management systems; g) The minimization of waste; h) The orderly development of safe and healthy communities; j) The adequate provision of a full range of housing, including affordable housing; k) The adequate provision of employment opportunities; p) The appropriate location of growth and development; q) The promotion of development that is designed to be sustainable, to support public transit and to be oriented to pedestrians; r) The promotion of built form that, (i) Is well-designed, (ii) Encourages a sense of place, and (iii) Provides for public spaces that are of high quality, safe, accessible, attractive and vibrant; s) The mitigation of greenhouse gas emissions and adaptation to a changing climate. 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: Page 120 of 441 The Provincial Policy Statement (PPS) provides policy direction on matters of provincial interest related to land use planning and development. The PPS sets out principles to achieve "healthy, liveable and safe communities". The PPS is supportive of efficient development patterns that optimize the use of land, resources, and public investment in infrastructure and public service facilities. Further, the PPS directs the development of new housing to locations where appropriate levels of infrastructure and public service facilities are or will be available to support current and projected needs and promotes densities for new housing which efficiently uses land, resources, infrastructure, and public service facilities. Section 3(5) of the Planning Act requires that a decision of the council of a municipality shall be consistent with the policy statement 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 while supporting the viability of rural 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 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. Page 121 of 441 Policy 1.1.2 requires that sufficient land shall be made available to accommodate an appropriate range and mix of land uses to meet projected needs for a time horizon of up to 25 years, informed by provincial guidelines. The PPS notes that settlement areas are 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; and 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. Further, policy 1.1.3.2 states that land use patterns within settlement areas shall also be based on a range of uses and opportunities for intensification and redevelopment in accordance with the criteria in policy 1.1.3.3, where this can be accommodated. Policy 1.1.3.3 requires that Planning authorities (such as the City of Kitchener) 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. The proposed Zoning By-law Amendment Application represents planned development that has been designed as a transit -oriented community that is walkable and meets Regional and Provincial objectives by accommodating a mix of housing types and densities and introducing new institutional uses. The proposal makes efficient use of the land through comprehensively planned development and that meet minimum density requirements, thus maximizing the recently constructed infrastructure which was installed to service this area. The plan provides for a range of residential housing types and densities that are in close proximity to planned Urban Greens and a large neighbourhood park. The lands are designated for residential development and the proposed plan of subdivision establishes an efficient development pattern that brings new residential and institutional uses to the Rosenberg community. Planning staff is of the opinion that the proposed application is consistent with the PPS. A Place to Grow: Growth Plan for the Greater Golden Horseshoe (Growth Plan) Part of the Vision of the Greater Golden Horseshoe (GGH) is to ensure municipalities have sufficient housing supply that reflects market demand and what is needed in local communities. Two of the guiding principles of the Growth Plan are to prioritize intensification and higher densities in strategic growth areas to make efficient use of land and infrastructure and support transit viability and to support a range and mix of housing options, including second units and affordable housing, to serve all sizes, incomes, and ages of households. Page 122 of 441 The Growth Plan directs Planning authorities in the Region of Waterloo to plan for a population of 923,000 people and 470,000 jobs by 2051. This would mean a population increase of approximately 299,070 in comparison to the Region's 2020 population of 623,930. The forecasted growth to the 2051 horizon is allocated to each municipality in the Region based on the following considerations: the vast majority of growth will be directed to settlement areas that have a delineated built boundary, have existing or planned municipal water and wastewater systems, and can support the achievement of complete communities. As one of three cities in the Region, it can be expected that Kitchener will be allocated a significant amount of the additional population allocation. The development of the subject lands are within the City's delineated Designated Greenfield Area. New development taking place in designated greenfield areas must be planned, designated, and zoned in a manner that supports the achievement of complete communities, supports active transportation, and encourages the integration and sustained viability of transit services. The Growth Plan notes that complete communities should be designed to meet people's needs for daily living throughout an entire lifetime by providing convenient access to an appropriate mix of jobs, local services, public service facilities, and a full range of housing to accommodate a range of incomes and household sizes. Complete communities support quality of life and human health by encouraging the use of active transportation and providing high quality public open space, adequate parkland, opportunities for recreation, and access to local and healthy food. Complete communities support climate change mitigation by increasing the modal share for transit and active transportation and by minimizing land consumption through building compact, mixed-use communities. The subject lands are located within the City's Designated Greenfield Area, an area within the Settlement Boundary that is designated for growth. Policy 2.2.7.1 states that new development taking place in designated greenfield areas will be planned, designated, zoned and designed in a manner that: a) supports the achievement of complete communities; b) supports active transportation; and c) encourages the integration and sustained viability of transit services. Policy 2.2.7.2 requires that the minimum density target applicable to the designated greenfield area for Waterloo Region is not less than 50 residents and jobs combined per hectare. The minimum density for Kitchener's designated greenfield area, as required by Regional Official Plan policy 2.D.17 and Kitchener Official Plan policy 3.C.A.A14.a) is 55 residents and jobs combined per hectare. The planned density of this development exceeds minimum density targets in the Rosenberg Secondary Plan. Up to a total of 1536 dwelling units are proposed. The total density will be determined at the final build out of the lands, depending on the scale and density of the multiple dwelling sites. Planning staff are of the opinion that the proposed application conforms to the Growth Plan. The lands have been designated to permit residential, institutional, as well as a large Page 123 of 441 neighbourhood park, open space blocks, and an Urban Green. The application proposes a variety of multiple dwelling types including single -detached dwellings, street -fronting townhouses, cluster townhouses, back-to-back townhouse dwellings, as well as multiple dwellings. The extension of Rosenberg Way will connect lands from the east to the west and will complete the intended road network for this portion of the Rosenberg community. Regional Official Plan The subject lands are within the Urban Designated Greenfield Area established in the Regional Official Plan. The ROP requires that areas serving primarily a residential function will meet or exceed a minimum density of 55 residents and jobs combined per hectare on lands not subject to a plan of subdivision application as of June 16, 2006. The ROP policies require new communities to have sidewalks, community trails and bicycle pathways that provide linkages within the neighbourhood and to other neighbourhoods, transit stops, employment areas, school sites, food destinations, and community facilities. Regional Planning have provided comment on the proposed application, but overall have no objections to the proposed applications. This future neighbourhood will contribute to the completion of the Rosenberg community. The City's Development Manual will ensure that the lands are appropriately developed to City and Regional standards. Official Plan The vision of the City's Official Plan states "Together we will 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 types. 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. 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. Housing Policy 4.1.1 states a housing objective of the City 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. Policy 4.C.1.12 notes 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.1.1 states that the City will maintain at all times the ability to accommodate residential growth for a minimum of ten years through residential intensification and redevelopment and, if necessary, lands which are designated and available for residential development. The proposed land use designations and proposed zoning permit a range of housing options throughout the community. Page 124 of 441 Rosenberg Secondary Plan Community structure elements and land use designations have been approved for these lands in the Rosenberg Secondary Plan, which is still part of the City's 1994 Official Plan. Rosenberg is a planned complete community where people can walk or cycle to school, shop, and work. This neighbourhood follows the "five-minute walk principle" design and has been designed to be connected to the surrounding area, including the communities to the east which are approved and under construction, and the lands to the west which have been approved in 2022. Communitv Structure The proposed applications conform to the objectives of the community structure elements in the Rosenberg Secondary Plan. Non-residential uses are clustered at the centre of the neighbourhood, meaning that this focal point (neighbourhood park and schools) is within a 5 minute walk to residents in the community. Rosenberg Way and Amand Drive are planned to maximize the streetscape and are prioritized over other local streets. Built form and active uses will frame these streets to support active transportation including walking and cycling. In addition to the centrally located neighbourhood park, an Urban Green, open space, and woodland areas are located at the south of the subdivision with planned walking trails. Parks and Open Space A neighbourhood park and an urban green are planned and required in accordance with the provisions of the Planning Act and the City's Parkland Dedication Policy. As per Policy 13.10.2.2.2.2.2, this neighbourhood will include a neighbourhood park which will be centrally located generally within the 5 minute walk model, in addition to the urban green. In addition to the proposed public park areas, private amenity/recreation space will be provided through the site plan approval process for the multiple dwelling blocks, in accordance with the guidelines in the City's Urban Design Manual. Additionally, the City will be dedicated Open Space lands that do not count towards the required parkland dedication land area calculations. Policy 13.10.2.8.2.12 states that potential Multi -use Pathways/Trails are conceptually shown on Map 22c) Transportation Networks and final alignments will be subject to further technical review and may change without an amendment to the Secondary Plan. Policy 13.10.3.5.1.2 permits minor changes to the size and location of Neighbourhood Parks without an amendment to the Secondary Plan. Further, Policy 13.10.3.5.2.1 states that the specific size, location and design of Urban Greens will be further defined at the development application stage and minor changes to the size and location may be permitted without an amendment to this plan. Page 125 of 441 Built Form and Streetscapes A variety of built form typologies are planned for this community, including single detached, townhouses, back-to-back townhouses, and multiple dwellings. Amand Drive is a gateway into the community and will be framed with built form that will collectively establish a sense of place and neighbourhood character. Further careful consideration of the streetscape will be undertaken for each street fronting townhouse, multiple dwelling, mixed-use, and institutional block at the site planning stage to ensure the built form and streetscape envisioned for Rosenberg is realized in this neighbourhood. Policy 13.10.2.8.2.6 states that an East-West Major Collector Road that is parallel to Bleams Road be provided (Rosenberg Way). Transportation Choice Neighbourhoods in Rosenberg are planned to promote walkability, to create efficient and interconnected circulation routes, to achieve transit -supportive development, and to provide for a transportation network that is based on a modified grid pattern with short walkable blocks within 450 metres of transit service. Communities' design must have consideration of all forms of travel including walking, cycling, public transit and the automobile. To support active transportation, non-residential uses must be appropriately located so that automobile reliance is not necessary to meet the recreational, shopping or employment needs of daily life of the residents of the Rosenberg Community. Further, cycling and pedestrian systems must be well integrated with the existing trail network outside of the community. Rosenberg Way, and Amand Drive have been identified as potential transit routes. As such, the majority of multi -residential, park, and institutional uses have been planned to front these streets to provide easy access to the public transportation system. Rosenberg Way is planned as a secondary bike route and primary priority street. Trail and walkway blocks are located through the community to support the modified grid street pattern to reduce travel time for pedestrian and active transportation modes. Proposed Zoning By-law Amendment The Zoning By-law Amendment proposes to establish specific development standards to a portion of the lands within the draft approved subdivision. The proposed site-specific development standards will be implemented in the form of establishing new Special Regulation Provisions in the current Zoning By-law 85-1. The development standard match and align with similar provisions that exist within the zoning on the lands to the west, subdivisions 30T-18201 and 30T-18202, also owned by the applicant. Special Regulations Provisions are also requested for porch locations, setbacks, parking spaces, heights, Floor Space Ratio (FSR), garage facades, driveway locations, among others. Page 126 of 441 Planning staff are recommending the following zoning for the subject lands as follows: 3 ES,-.S:",RES=T ' (277p ."�u BY-LAW 85-1 SUBJECT AREA (S) ..-.. (280) 9 A-1 AGR IICULT1RALZIDNE �.."." .-. 1 R_fi %..�, -.II-1 I^kEII;HI®TaIVFBHICo-(7LM INSTITUTIONAL AMENDMENT TO BY-LAW 85-1 t� AREA 7158, fi71 R+ $72Ft 1- ZONE AREA FROM RESIDENTIAL SIX ZONE IR -6) WITH 24HSR $7d{R II -2 COMMUNITY (INSTITUTIONAL ZONE SPECIAL. USE PROVISION 4713U AND SPECIAL RES-. I A-1 1191. a '� MU -1 LOW INTENSITY MIXED USE REGULATION PROVISION 5578 Gyy, A, I ," B'9U �umuu10 CORRIDOR ZONE TO RESIDENTIAL ` IIIR" ZONE RR -S,@ WITH SPECIAL 'VISION 1 RSA 1 I- 7 d641U, P-1 PUBLIC: PARK ZONE USE PRP"a 487Lu AhIO SPECIAL REGULATION PROVISIONSI 5978, 8'08R y SR H, 24HSR P-2 OPEN SPACE ZONE umu o P-"3 HAZARD LAND ZONE FROM RESIDENTIAL SEVEN ZONE (R-7@ WITH ,..P._2 AREA 3�R-4 RESIDENTIAL FOUR ZONE SPECIAL. REGULATION PROVISIONS 74818AND R-6, RESIDENTIAL SIX ZONE 597R AREA- TO RESIDENTIAL SEVEN ZONE RR -71 WITH " 'R R-7 RESIDENTIAL SEVEN ZONE SPECIAL USE PROVISION 487U AND SPECIAL laasy �1RE BY-LAW 2019-751 REGULATION PROVISIONS �.597R 8098 ., i` P-1 5978 r 7 1 ., OSR OPEN SPACE i;REEN'IAfA'P.S AR'EA3 „ter �i1REhi FROM1 COMl MU NIITY I INST11TUTI OVAL ZONE (I-2ZONE ;@ WITH SPECIAL USE PROVISION 47211 AND u�l n ^^ E 4 'rA ✓' CSR -3 OPEN .aPACE. STORM WATER 7 SPECIAL REGULATION PROVISION 5978 A 1AREA 20 d MANAGMIENT ZONE TO COMMUNITY INSTITUTIONAL ZONE 114-21 WITH SPECIAL 19R .�.I 0 RE.a 4 LOW RASE RE.SIDENTII.AL. FOUR USE PROVISION 478U AND SPECIAL a ^^' UIU fi9U snlsn U ZONE RES -5 LOW RASE RE.SIDENTIIAL. FII'VE REGULATION PROVISIONS 597R., 8 VDR AR'EA4 FROM RE RESIDENTIAL I! ZONE I,:R 6) WITH 1-1 5978 I r CU5R-3 ZONEESPECIAL RES -6 MEDIUM RISE RESIDENTIAL. SIX REGULATION PROVISIONS 7488., 5978 TO RESIDENTIAL SII7" TONE WITH SPECIAL I 474U REA . 1 i2EJ4 P-3 It's 597R ZONE (R -6o REGULATION PROVISIONS 5978 8118. J 'do ........ FROM MIXED UE CORRIZlDaR ZONE IMU 1 oWIIIT ULATION PROVISIONSRH _ '� 5.t1. _LPdy ,6d ..._' - _. TO MSPE1I. ED USE CORRIDOR 1) WITH _ �I PLt tri A,are+t C,yRES 5 -.m.l' '"' i0 1��1 �r,7 y ,1.. I S"PECIALUSE PROVISION 487U AND SPECIAL REGULATION PROVISIONSI5978 8128 pArrrR72 +r ri$9U Ifk(34'.1j'' iI 10 .�,�� fU AREAE FROM RESIDENTIAL (FOUR ZONE d'R-m'@ WITH O SPECIAL REGULATION PROVISION 59`7R TO RESIDENTIAL ` IIX TONE WITH SPECIAL i (R -S,@ O USE PROVISION 487U1 AND SPECIAL REGULATION PROVISIONS 597R, 8088 r�l"a+ 1j I'I'W A�rt,i `A4 f 1k Fri P.-�25971�.'A':}NW,U ^7 AREA? tl ,I�REA FROM RE IL^ENTI.AL I! ZONE f,R 6} WITH REGULATION PROVllall"JNa 7488, 5978 s .".SPECIAL TO RESIDENTIAL ` IIIR" ZONE WITH SPECIAL (R -6,O rI1 snikn , yl(,R V } ° USE PRICa dl IONd 4C7U AND SPECIAL REGULATION PROVISIONS 597R, 8088 TONE (;RIG REFERENCE .�. Ap SCHEDULE NO 501, 68 AND 64 APPENDIXy� OAPPENDIXk' I A` fl I£ITOHEhIER ZONING BY-LAW 85-1 AND 2019-051 wOSIxOn I III ZONE LIMITS MAP N�. `�' ZONING BY-LAWAMEpNLy°IIIIIIMIIIIIm111E111111N1111mIT ZBA221007f'��ti!/ES 0 513 METRES MID OFFICIAL PLAN AMENDMENT N/A IKITCHENER GREEN DEVELOPMENTS INC SCALE 1:5,000 Cir t�j% of Kiiitchener FF DEJELOP,fiEIT SERVICES DEPARTMENT, PLANNING VE: ea:aAor�v� =mAwwO 4 pfY,�± II8to GEHL PL DATE: (FEBRUARY 13 2024 Figure 3: Proposed Zoning Map Area 1 From Residential Six Zone (R-6) with Special Use Provision 473U and Special Regulation Provision 597R to Residential Six Zone (R-6) with Special Use Provision 487U, Special Regulation Provision 597R, and Special Regulation Provisions 808R. Area 2 From Residential Seven Zone (R-7) with Special Regulation Provisions 748R and 597R, to Residential Seven Zone (R-7) with Special Use Provision 487U, Special Regulation 597R, and Special Regulation Provision 809R. Area 3 From Community Institutional Zone (1-2) with Special Use Provision 478U and Special Regulation Provision 597R to Community Institutional Zone (1-2) with Special Use Provision 478U, Special Regulation Provision 597R, and Special Regulation Provision 81 OR. Area 4 From Residential Six Zone (R-6) with Special Regulation Provision 748R and 597R to Residential Six Zone (R-6) with Special Regulation Provision 597R and Special Regulation Provision 811 R. Page 127 of 441 From Mixed Use Corridor Zone (MU -1) with Special Regulation Provisions 747R and 597R to Mixed Use Corridor Zone (MU -1) with Special Use Provision 487U, Special Regulation Provision 597R and Special Regulation Provision 812R. Area 6 From Residential Four Zone (R-4) with Special Regulation Provision 597R to Residential Six Zone (R-6) with Special Use Provision 487U, Special Regulation Provision 597R, and Special Regulation Provision 808R. Area 7 From Residential Six Zone (R-6) with Special Regulation Provisions 748R and 597R to Residential Six Zone (R-6) with Special Use Provision 487U, Special Regulation Provision 597 R and Special Regulation Provision 808R. Special Use Provision 487U permits "live -work townhouse" units on the subject lands. Special Regulation Provision 597R prohibits geothermal wells to protect sensitive groundwater areas. Special Regulation Provisions 808-812R create site-specific development standards including terrace and porch projections, lot width, building height, yard setbacks, lot coverage, etc. Staff have considered the proposed Special Use and Special Regulation Provisions and are of the opinion that they are appropriate for the draft approved plan of subdivision. Department and Agency Comments: Circulation of the Zoning By-law Amendment Application was undertaken in December 2023 to all applicable City departments and other review authorities. 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 Application: Civil Engineering Opinion Letter Prepared by: MTE Consultants, October 25, 2023 Planning Summary Letter Prepared by: SGL Planning and Design Inc., October 27, 2023 Draft Zoning By-law Amendment and Zoning Map Prepared by: SGL Planning and Design Inc., December 13, 2023 Page 128 of 441 IRS, "AAI&Ik I WIA IATIkik The City received 1 written comment A City -led Neighbourhood Meetings held on January 18, 2024, and approximately 10 different users logged on 611 households (occupants and property owners) were circulated and notified Community Input & Staff Responses Staff received one written response from a resident with respect to the proposed development (Attachment `D'). A Neighbourhood Meeting was held on January 18, 2024. A summary of what we heard, and staff responses are noted below. What We Heard Staff Comment What is the timing for the The applicant responded that there is still likely 2 years development of the homes? of civil engineering work- installing services such as water pipes and stormwater management infrastructure, as well as constructing new roads. Therefore homes would likely not be built for 2.5-3 years. There is limited capacity for RBJ Schlegel Park is a new park space and provides recreation programs in the area, recreation programs for this area in southwest this will increase the issue. Kitchener. A neighbourhood park is included within this proposed subdivision. Page 129 of 441 Planning Conclusions In considering the foregoing, staff are supportive of the proposed Zoning By-law Amendment to permit 186 Gehl Place to be developed with low to medium density uses within the draft approved subdivision. 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. It is recommended 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 - Bill 109, More Homes for Everyone Act, 2022 introduced a requirement for a municipality to refund planning application fees if a decision is not made within a prescribed timeframe. Decisions on Zoning By-law Amendments are required within 90 days to retain planning application fees, for applications received after July 1, 2023. A decision must be made by Council prior to March 14, 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 Page 130 of 441 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 December 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. Notice of the Statutory Public Meeting was also posted in The Record on February 2, 2024. (a copy of the Notice may be found in Attachment 'B'). CONSULT — The proposed Zoning By-law Amendment Application was circulated to residents and property owners within 240 metres of the subject lands on December 20, 2023. Staff received one written response from a member of the public. PREVIOUS REPORTS/AUTHORITIES: • Planning Act, R.S.O. 1990, c. P.13 • Growth Plan, 2020 • Provincial Policy Statement, 2020 • Region of Waterloo Official Plan • City of Kitchener Official Plan, 1994 • City of Kitchener Zoning By-law 85-1 REVIEWED BY: Malone -Wright, Tina - Manager, Development Approvals APPROVED BY: Readman, Justin - General Manager, Development Services ATTACHMENTS: Attachment A - Proposed By-law and Map No. 1 Attachment B - Newspaper Notice Attachment C - Department and Agency Comments Attachment D - Neighbourhood Comments Page 131 of 441 PROPOSED BY-LAW BY-LAW NO. OF THE CORPORATION OF THE CITY OF KITCHENER (Being a by-law to amend Zoning By-law No. 85-1, as amended, known as the Zoning By-law of the City of Kitchener, 186 Gehl Place) WHEREAS it is deemed expedient to amend Zoning By-law 85-1: NOW THEREFORE the Council of The Corporation of the City of Kitchener enacts as follows: Zoning Grid Schedule Numbers 50, 63 and 64 of Appendix "A" to By-law Number 85-1 are hereby amended by adding thereto the lands specified and illustrated as Areas 1, 2, 3, 4 and 5 on Map No. 1, in the City of Kitchener, attached hereto. 2. Schedule Numbers 50, 63 and 64 of Appendix "A" to By-law Number 85-1 are hereby amended by changing the zoning applicable to the parcels of land specified and illustrated as Area 1 on Map No. 1, attached hereto from Residential Six Zone (R-6) with Special Use Provision 473U and Special Regulation Provision 597R to Residential Six Zone (R-6) Zone with Special Use Provision (487U), Special Regulation Provision 597R, and Special Regulation Provision 808R. 3. Schedule Number 64 of Appendix "A" to By-law Number 85-1 are hereby amended by changing the zoning applicable to the parcels of land specified and illustrated as Area 2 on Map No. 1, attached hereto from Residential Seven Zone (R-7) with Special Regulation Provisions 748R and 597R to Residential Seven Zone (R-7) with Special Use Provision (487U), Special Regulation Provision 597R, and Special Regulation Provision (809R). 4. Schedule Numbers 64 of Appendix "A" to By-law Number 85-1 are hereby amended by changing the zoning applicable to the parcels of land specified and illustrated as Area 3 on Map No. 1, attached hereto from Community Institutional Zone (1-2) with Special Use Provision 478U and Special Regulation Provision 597R to Community Institutional Zone (1-2) with Special Use Provision 478U, Special Regulation Provision 597R, and Special Regulation Provision (810R). 5. Schedule Numbers 63 and 64 of Appendix "A" to By -Law Number 85-1 are hereby amended by changing the zoning applicable to the parcel of land specified and illustrated as Area 4 on Map No. 1, attached hereto from Residential Six Zone (R- 6) with Special Regulation Provisions 748R and 597R to Residential Six Zone (R- 6) with Special Regulation Provision (811 R), and Special Regulation Provision 597R. Page 132 of 441 6. Schedule Numbers 50 and 64 of Appendix "A" to By -Law Number 85-1 are hereby amended by changing the zoning applicable to the parcel of land specified and illustrated as Area 5 on Map No. 1, attached hereto from Mixed Use Corridor Zone (MU -1) with Special Regulation Provisions 747R and 597R to Mixed Use Corridor Zone (MU -1) with Special Use Provision (478U), Special Regulation Provision 597R, and Special Regulation Provision (812R). 7. Schedule Numbers 63 and 64 of Appendix "A" to By-law Number 85-1 are hereby amended by changing the zoning applicable to the parcels of land specified and illustrated as Area 6 on Map No. 1, attached hereto from Residential Four Zone (R-4) with Special Regulation Provision 597R to Residential Six Zone (R-6) Zone with Special Use Provision (487U), Special Regulation Provision 597R and Special Regulation Provision (808R). 8. Schedule Numbers 63 and 64 of Appendix "A" to By-law Number 85-1 are hereby amended by changing the zoning applicable to the parcels of land specified and illustrated as Area 7 on Map No. 1, attached hereto from Residential Six Zone (R- 6) with Special Regulation Provisions 748R and 597R to Residential Six Zone (R- 6) Zone with Special Use Provision 487U, Special Regulation Provision 597R, and Special Regulation Provision (808R) 9. Appendix "C" to By-law 85-1 is hereby further amended by adding Section 487U thereto as follows: 487U. Notwithstanding Section 40, 41 and Section 53 of this By-law within lands zoned Residential Six Zone (R-6) and shown as Area 1 on Map 1, lands zoned Residential Seven Zone (R-7) and shown as Area 2 on Map 1 and land zoned Mixed Use Corridor Zone (MU -1) and shown as Area 5 on Map 1, the following uses are permitted: Dwelling, Live —Work Townhouse "Dwelling, Live -Work Townhouse" means a Townhouse dwelling unit with dedicated non-residential ground floor uses. 10. Notwithstanding Section 40, Section 41 and Section 53 to By-law 85-1, Appendix "D" is hereby amended within lands zoned Residential Six (R-6) and shown as Area 1 on Map 1 by adding the following Special Regulations Section (808R) thereto as follows: i. "Bay/Boxout Window Projections" means a building projection with windows and/or door, with or without a foundation. iii. Stairs and access ramp may be permitted in the front yard or exterior side yard provided the minimum setback to the stair Page 133 of 441 and access ramp encroachment is 0.6 metres from the street line. iv. Terraces, porches, balconies and decks may be located within a required front yard or exterior side yard, provided the terrace, porch or deck is set back a minimum of 2.0 metres from the front lot line and a minimum of 1.5 meters from the side yard lot line abutting a street, whether covered or not covered, and provided they are not enclosed and do not exceed 1.2 meters in height above finished grade level. V. Covered porches that are open on the first floor with or without railings and with or without living space above may encroach into the driveway visibility triangle to a maximum of 2.5 metres. vi. On a cornerlot, an access driveway shall not be located closer than 4.5 metres to the intersection of street lines abutting the lot and shall permit the parking of motor vehicles. vii. "Bay/Boxout Window Projections" may encroach a maximum of 1.0 metre into a required front yard, exterior side yard and/or rear yard, provided that the building projection is not more than 4.0 metres wide. viii) The following regulations shall apply for Single Detached Dwelling and Single Detached Dwelling with an Attached Dwelling Unit: a. The minimum corner lot width shall be 12.0 metres. b. The minimum lot width shall be 8.5 metres. c. The minimum exterior side yard shall be 3.0 metres. d. The minimum front yard shall be 3.5 metres. e. The minimum rear yard shall be 7.0 metres. f. The minimum rear yard shall be 3.0 metres for corner lot for a Single Detached Dwelling with one or two Attached Page 134 of 441 Dwelling Units provided that not less than 50% of the corner lot is a minimum of 7.0 metres. g. The minimum side yard shall be 0.6 metres on one side and 1.2 metres on the other. h. Porches may encroach into the side yard provided the minimum setback to side lot line is 0.6 metres. i. The maximum building height shall be 14.0 metres. j. The maximum lot coverage shall be a total of 60 percent, of which the habitable portion of the dwelling units shall not exceed 55 percent and the accessory buildings or structures, whether attached or detached, shall not exceed 15 percent. ix) The following regulations shall apply for Semi -Detached Dwellings: a. The minimum exterior side yard shall be 3.0 metres. b. The minimum front yard shall be 3.5 metres. c. The minimum rear yard shall be 7.0 metres. d. The maximum building height shall be 14.0 meters. e. The maximum gross lot coverage shall be 65 percent, of which the habitable portion of the dwelling unit shall not exceed 55 percent and the accessory buildings or structures, whether attached or detached, shall not exceed 15 percent. x) The following regulations shall apply for Street Townhouse Dwellings: a. The minimum corner lot width shall be 9.0 metres. b. The minimum exterior side yard shall be 3.0 metres. c. The minimum front yard shall be of 3.5 metres. d. The minimum interior side yard shall be 0.6 metres. Page 135 of 441 e. The minimum rear yard shall be 7.0 metres for each townhouse dwelling. f. The maximum building height shall be 14.0 meters. g. The maximum lot coverage for Street Townhouse Dwellings shall be 65 percent, of which the habitable portion of the dwelling unit shall not exceed 55 percent and the accessory buildings or structures, whether attached or detached, shall not exceed 15 percent. h. The maximum number of attached units for Townhouse Dwellings shall be 8 dwelling units." 11. Appendix "D" to By-law 85-1 is hereby amended within lands zoned Residential Seven (R-7) and shown as Area 2 by adding the following Special Regulations Section (809R) thereto as follows: i. "Bay/Boxout Window Projections" means a building projection with windows and/or door, with or without a foundation. ii. Stairs and access ramp may be permitted in the front yard or exterior side yard provided the minimum setback to the stair and access ramp encroachment is 0.6 metres from the street line. iii. Terraces, porches, balconies and decks may be located within a required front yard or exterior side yard, provided the terrace, porch or deck is set back a minimum of 2.0 metres from the front lot line and a minimum of 1.5 meters from the side yard lot line abutting a street, whether covered or not covered, and provided they are not enclosed and do not exceed 1.2 meters in height above finished grade level. iv. "Bay/Boxout Window Projections" may encroach a maximum of 1.0 metre into a required front yard, exterior side yard Page 136 of 441 and/or rear yard, provided that the building projection is not more than 4.0 metres wide. V. For Townhouse Dwelling and Cluster Townhouse Dwelling: a. The minimum setback to any street line shall be 3.0 metres. b. The minimum side yard and rear yard setback of 3.0 metres. c. The maximum building height shall be 14.0 metres. d. The minimum landscaped area shall be 15%. e. The minimum floor space ratio of 0.5. vi. For Multiple Dwelling: a. The minimum setback to any street line shall be 3.0 metres. b. The minimum side yard and rear yard setback of 3.0 metres. c. The minimum landscaped area shall be 15%. d. The minimum Floor Space Ratio shall be 0.5. e. An exclusive use Private Patio Area shall not be required adjacent to each dwelling unit located at ground floor level. f. The minimum off-street parking shall be 1.0 space per dwelling unit. g. The minimum off-street visitor parking shall be 0.1 spaces per dwelling unit. h. One bicycle parking stall shall be provided for each 5 units. Bicycle stalls shall have a minimum length of 1.8 metres and a minimum width of 0.6 metres. 12. Appendix "D" to By-law 85-1 is hereby amended within lands zoned Community Institutional Zone (1-2) and shown as Area 3 on Map 1 by adding the following Special Regulations Section (810R) thereto as follows: Page 137 of 441 i. Stairs and access ramp may be permitted in the front yard or exteriorside yard provided the minimum setback to the stair and access ramp encroachment is 0.6 metres from the street line. ii. Terraces, porches, balconies and decks may be located within a required front yard or exterior side yard, provided the terrace, porch or deck is set back a minimum of 2.0 metres from the front lot line and a minimum of 1.5 meters from the side yard lot line abutting a street, whether covered or not covered, and provided they are not enclosed and do not exceed 1.2 meters in height above finished grade level. iii. "Bay/Boxout Window Projections" may encroach a maximum of 1.0 metre into a required front yard, exterior side yard and/or rear yard, provided that the building projection is not more than 4.0 metres wide. iv. For Townhouse Dwelling and Cluster Townhouse Dwelling: a. The minimum setback to any street line shall be 3.0 metres. b. The minimum side yard and rear yard setback of 3.0 metres. c. The maximum building height shall be 14.0 metres. d. The minimum landscaped area shall be 15%. e. The minimum floor space ratio of 0.5. V. For Multiple Dwelling: a. The minimum setback to any street line shall be 3.0 metres. b. The minimum side yard and rear yard setback of 3.0 metres. c. The minimum landscaped area shall be 15%. Page 138 of 441 d. The minimum Floor Space Ratio shall be 0.5. e. An exclusive use Private Patio Area shall not be required adjacent to each dwelling unit located at ground floor level. f. The minimum off-street parking shall be 1.0 space per dwelling unit. g. The minimum off-street visitor parking shall be 0.1 spaces per dwelling unit. h. One bicycle parking stall shall be provided for each 5 units. Bicycle stalls shall have a minimum length of 1.8 metres and a minimum width of 0.6 metres. 13. Appendix "D" to By-law 85-1 is hereby amended within lands zoned Residential Six (R-6) and shown as Area 4 on Map 1 by adding the following Special Regulations Section (811 R) thereto as follows: i. Stairs and access ramp may be permitted in the front yard or exteriorside yard provided the minimum setback to the stair and access ramp encroachment is 0.6 metres from the street line. ii. Terraces, porches, balconies and decks may be located within a required front yard or exterior side yard, provided the terrace, porch or deck is set back a minimum of 2.0 metres from the front lot line and a minimum of 1.5 meters from the side yard lot line abutting a street, whether covered or not covered, and provided they are not enclosed and do not exceed 1.2 meters in height above finished grade level. iii. "Bay/Boxout Window Projections" may encroach a maximum of 1.0 metre into a required front yard, exterior side yard and/or rear yard, provided that the building projection is not more than 4.0 metres wide. Page 139 of 441 iv. For Townhouse Dwelling and Cluster Townhouse Dwelling: a. The minimum setback to any street line shall be 3.0 metres. b. The minimum side yard and rear yard setback of 3.0 metres. c. The maximum building height shall be 14.0 metres. d. The minimum landscaped area shall be 15%. e. The minimum floor space ratio of 0.5. V. For Multiple Dwelling: a. The minimum setback to any street line shall be 3.0 metres. b. The minimum side yard and rear yard setback of 3.0 metres. c. The minimum landscaped area shall be 15%. d. The minimum Floor Space Ratio shall be 0.5. e. An exclusive use Private Patio Area shall not be required adjacent to each dwelling unit located at ground floor level. f. The minimum off-street parking shall be 1.0 space per dwelling unit. g. The minimum off-street visitor parking shall be 0.1 spaces per dwelling unit. h. One bicycle parking stall shall be provided for each 5 units. Bicycle stalls shall have a minimum length of 1.8 metres and a minimum width of 0.6 metres. 14. Appendix "D" to By-law 85-1 is hereby amended within lands zoned Mixed Use Corridor Zone (MU -1) and shown as Area 5 on Map 1 by adding the following Special Regulations Section (812R) thereto as follows: i. "Bay/Boxout Window Projections" means a building projection with windows and/or door, with or without a foundation. Page 140 of 441 ii. Stairs and access ramp may be permitted in the front yard or exterior side yard provided the minimum setback to the stair and access ramp encroachment is 0.6 metres from the street line. iii. Terraces, porches, balconies and decks may be located within a required front yard or exterior side yard, provided the terrace, porch or deck is set back a minimum of 2.0 metres from the front lot line and a minimum of 1.5 meters from the side yard lot line abutting a street, whether covered or not covered, and provided they are not enclosed and do not exceed 1.2 meters in height above finished grade level. iv. "Bay/Boxout Window Projections" may encroach a maximum of 1.0 metre into a required front yard, exterior side yard and/or rear yard, provided that the building projection is not more than 4.0 metres wide. V. The Minimum setback from Bleams Roads shall be 3.0 metres and shall be developed in accordance with mitigation measures recommended in the approved Noise Study as part of the Plan of Subdivision approval for the lands, but such mitigation measures shall not include noise walls or berms. vi. For Townhouse Dwelling and Cluster Townhouse Dwelling: a. The minimum setback to any street line shall be 3.0 metres. b. The minimum side yard and rear yard setback of 3.0 metres. c. The maximum building height shall be 14.0 metres. d. The minimum landscaped area shall be 15%. e. The minimum floor space ratio of 0.5. Page 141 of 441 V. For Multiple Dwelling: a. The minimum setback to any street line shall be 3.0 metres. b. The minimum side yard and rear yard setback of 3.0 metres. c. The minimum landscaped area shall be 15%. d. The minimum Floor Space Ratio shall be 0.5. e. An exclusive use Private Patio Area shall not be required adjacent to each dwelling unit located at ground floor level. f. The minimum off-street parking shall be 1.0 space per dwelling unit. g. The minimum off-street visitor parking shall be 0.1 spaces per dwelling unit. h. One bicycle parking stall shall be provided for each 5 units. Bicycle stalls shall have a minimum length of 1.8 metres and a minimum width of 0.6 metres. i. The maximum building height will be 16.5 metres (5 storeys) j. The minimum ground floor street line facade width as a percentage of the abutting street shall be 20%. PASSED at the Council Chambers in the City of Kitchener this day of 2024. 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SII O o mol a W d ! ®' m .. , —'n O Q � Q ® ® <� ® o u' Lu O� O O_ � Of V) '-` / W co no O N ® a% j "' J"g �® LL v rrr O W W co C�l a ``;a '�Lq- \ Q 0.(Y) 04 t�w� D W � Imp"� _ � � � __ m Illwvw ® i ✓,r Ira ` 2 2®� � \ ®-y h ' t ` (n x `' ` z ff ityQt ®Sp W r Ln Q r/> t1RN�RSGRES®`®® uupppplll Q t?r''�'� v r O J iw Lu a a Lo!`® O WD /`_/ ®'NPV_®_<� t Z = ® z Z W ® t �- `` W / __ r ! r W® Q f t` I mlllumllumlllmlllumlll _r "."-CRE„".rtt\ S'_Q tt Q u (7 00 rrr /'M GPN(ERNOM''?! Y i �- ^GREP� OAK ` tt ui tLU-' 09 97na3HD_s \t G�i %EA' 7AEi3rfi5S _ IJ.- - - W ({OS37(103Hos M t cn r uuu,ouuolllllllllllouuuu NOTICE OF PUBLIC MEETING X for a development in your neighbourhood186 Gehl Place K < 1 lkNi"K X Plan of Subdivision Have Your Voice Heard! Planning & Strategic Initiatives Committee Date: February 26, 2024 Location: Council Chambers, Kitchener City Hall 200 King Street West oPVirtual Zoom Meeting Go to kitchener.ca/meetings and select: • Current agendas and reports (posted 10 days before meeting) • Appear as a delegation • Watch a meeting To learn more about this project, including information on your appeal rights, visit: www.kitchener.ca/ PlanningApplications or contact: Eric Schneider, Senior Planner eric.schneider@kitchener.ca 519.741.2200 x7843 The City of Kitchener will consider an application for a Zoning By-law Amendment to facilitate a minor modification to Draft Approved Plan of Subdivision 30T-14201. This application would establish site-specific development standards for the draft approved blocks within the subdivision. Page 144 of 441 City of Kitchener Zone Change / Official Plan Amendment Comment Form Address: 186 Gehl PI Owner: Kitchener Green Developments Inc. (Mattamy Homes) Application: ZBA23/038/G/ES Comments Of: Environmental Planning Commenter's Name: Barbara Steiner Email: Barba ra.Steiner@kitchener.ca Phone: 519-741-2200 X7293 Date of Comments: 29 Jan 2024 ❑ 1 plan to attend the meeting (questions/concerns/comments for discussion) M No meeting to be held 0 1 do NOT plan to attend the meeting (no concerns) Documents Reviewed: I have reviewed the documentation submitted in support of a ZBA to remove the lands from Zoning By-law 85-1 and bring the lands into Zoning By-law 2019-051 with some site-specific provisions. I have also reviewed the historic, supporting Scoped Environmental Impact Study (EIS) (MMM/WSP, October 2014) and Addenda 1 (MMM/WSP, December 2015) and 2 (MMM/WSP, February 2017). Comments Ideally, the zoning for the setback to the Core Environmental Feature (ESPA, Williamsburg Woods) in Block 13, Stage 1 should be zoned NHC-1, the same as the feature itself. This should correspond to the area shown as a 20m setback from the surveyed woodland limit on Draft Plan 30T-14201 (MHBC, 11 December 2019). This could be corrected now and lot/Block line adjustments made (modification to DP) to add the setback area to Block 16 (Open Space Woodland), and ultimately conveyed into City ownership in the fullness of time. Otherwise, a Conservation Easement will be required. If the above is not done and in light of LPAT decision LPAT-PL17'1483, the proposed zoning shown on the zone area map and detailed on the draft zoning bylaw is acceptable to City Environmental Planning. Other mitigations will therefore be required as noted. Further comments in this regard will be made during the circulation for the modification to Draft Plan approval, the design of the subdivision, and/or any applications for Site Plan approval. The special provision prohibiting geothermal wells should be carried forward. A City for Everyone Working Together — Growing Thoughtfully — Building Community PP0gBoT45 of 441 Internal memo Development Services Department www.kitchener.ca Date: January 04, 2024 To: Eric Schneider From: Jason BrOI6 Subject: Zoning By-law Amendment Application Kitchener Green Developments Inc. 186 Gehl Place, Kitchener ZBA 23/038/G/ES The below comments have been prepared through the review of the supplied Opinion Letter dated October 25, 2023 prepared by MTE Consultants Inc.; in support of the above noted application. General Comments: 1, Engineering needs more information with respect to the servicing to be able to support the application. Sanitary: 2. Please submit a traditional sanitary sizing design sheet with both the previously accepted flows for the subdivision at the time of draft plan and current detailed design confirming that the statement suggesting flows leaving this site are not increasing . Water (Angela Mick, Kitchener Utilities): 3,.. Please see the comments provided for the 1 st engineering submission of the subdivision as they are relevant to this application (attached). Storm and Stormwater Management: 4.. Please submit a storm sizing design sheet to confirm the opinion expressed in the letter. 5. Please provide summary evidence that the SWM ponds and associated infrastructure can accommodate the change as noted in the Opinion Letter. r Jason Brule, C.E.T. Engineering Technologist Page 146 of 441 UtilitiesKitchener Community -Ch med fvrover 200 Ye.. Angela Mick, P.Eng. Manager -- Quality Management & Water Programs November 22, 2023 Re: 1.86 Gehl Place Subdivision First Submission Comments "I'he following are the first submission comments pertaining to the above: Regards, KITCHENER UTILITIES Kitchener Operations Facility 131 Goodrich Drive Kitchener, ON N2C 2E8 Telephone: 519-741-2600 x4408 Fax: 519-741-2638 TTY: 1-866.969-9994 angela.mick@kitchener.ca Website: www.kitchenerutilities.ca The pressure zone divide between zone 5 and zone 6 at the western end of the subdivision needs to be identified on the drawings (location to be confirmed via the grading plans). It may be that the divide is where the subdivision ends on the west side but that needs to be confirmed. On a pressure zone divide there should be a hydrant in zone 6, isolation valve, hydrant in zone 5 for future flushing of the dead ends. I'd like a drawing showing the proposed pressure zone divide In general there should be valves between the hydrants. I've identified a few but all should be reviewed. PP1.1. Rosenberg — see the first bullet regarding the pressure zone divide PP1.1. missing valves between hydrants PP1.3 missing valves between hydrants PP2.1 Amand — want a valve at Bleams — tapping would be preferred. Have you been in discussion with the Region regarding the Bleams Road reconstruction in this area? Will the Region be installing the watermain within the Regional right-of-way PP2.1 missing valves between hydrants PP2.2 Cross to service blocks 276 and 277. I would prefer to see separate tees with valves at the main. We don't typically use crosses for services PP4.1 Eskerwood Way — see the first bullet regarding the pressure zone divide PP8.1 Stamson St — see the first bullet regarding the pressure zone divide Angela Mick, P.Eng. Manager — Quality Management & Water Programs Owned & OperatecIP the City of Kitchener Page 147 of 441 Internalmemo � Development Services Department www.kitchener.ca Date: February 12, 2024 To: Eric Schneider From: Jason BrOI6 Subject: Zoning By-law Amendment Application Kitchener Green Developments Inc. 186 Gehl Place, Kitchener ZBA 23/038/G/ES The below comments have been prepared through the review of the supplied Opinion Letter dated October 25, 2023 and the updated Opinion Letter dated February 09, 2024 prepared by MTE Consultants Inc.; in support of the above noted application. General Comments: 1. Engineering is in support of the zoning by-law amendment application. Sanitary: 2. No further comments. Water (Angela Mick, Kitchener Utilities): 3. No further comments. Storm and Stormwater Management: 4. No further comments. Jason Brule, C.E.T. Engineering Technologist Page 148 of 441 Good Morning Eric, Enova Power Corp. has no concerns with the zoning amendment for 186 Gehl Place. The developer has approached Enova and we are working with them to start a design for the electrical distribution to service this subdivision. Office Number.- 519-745-4771 Ext 6384 Mobile Number: 51Q -4g7 -G221 Page 149 of 441 City of Kitchener Application Type: Zoning By-law Amendment ZBA23/038/G/ES Project Address: 186 Gehl Place (30T-14201) Amanda: 23-129008 Comments of: Transportation Services Commenter's name: Dave Seller Email dav- selieitchegar.ca Phone: 519-741-2200 ext. 7369 Date of comments: January 15, 2024 a. An opportunity is being provided to City Departments and Agencies to make comment on a Zoning By-law Amendment (ZBA) for lands contained within draft approved Plan of Subdivision 30T-14201. The applicant is requesting reduced residential and visitor parking rates offered in the 2019-051 zoning compared to the current 85-1 zoning. Transportation Services are of the opinion that this parking rate reduction must be accompanied by improved alternatives to single occupant vehicles and will require all streets in Plan of Subdivision 30T-14201 to follow Complete Streets cross- sections as a condition of Transportations Services approval of the ZBA. Complete Streets cross- sections are included in the Development Manual, updated in 2022 to address the reduced parking rates in 2019-051 by improving active transportation, traffic calming and access to public transit. Notwithstanding the Local Planning Appeal Tribunal decision of February 14, 2020 to amend Zoning By-law No. 85-1, that the following condition be included. 2.2.22a The SUBDIVIDER agrees that prior to servicing or registration, whichever occurs first, to submit a functional design for the implementation of Complete Streets and on -street parking for the entire road network, in accordance with the lotting plan and On -Street Parking Plan, to the satisfaction of the CITY'S Director of Engineering Services in consultation with the CITY'S Director of Transportation Services. 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.sellerCa7kitchener.ca Page 150 of 441 Good Afternoon Eric, The Waterloo Catholic District School Board has reviewed the subject application and based on our development circulation criteria have the following comment(s)/condition(s): A) That any Education Development Charges shall be collected prior to the issuance of a building permit(s). B) That the developer and the Waterloo Catholic District School Board reach an agreement regarding the supply and erection of a sign (at the developer's expense and according to the Board's specifications) affixed to the development sign advising prospective residents about schools in the area. A sign specifications document can be found at the bottom of the board's planning department web page (https://www.wcdsb.ca/about-us/cs/planning). C) That the developer shall include the following wording in the subdivision agreement to advise all purchasers of residential units and/or renters of same: "in order to limit risks, public school buses contracted by Student Transportation Services of Waterloo Region (STS WR), 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. Neale2wcdsb.ca. Thank you, Jordlan Neale Planning Technician, WCDSB 480 Dutton Dr, Waterloo, ON N2L 4C6 519-578-3660 ext, 2355 Page 151 of 441 PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, 8th Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www.regionofwaterloo.ca File: C14-60/23038 February 12, 2024 Eric Schneider, MCIP, RPP Senior Planner Community Services Department City Hall P.O. Box 1118 200 King Street West Kitchener, ON, N2G 4G7 (VIA EMAIL) Dear Mr. Schneider, Re: Post Circulation Comments ZBA 23/0381G/ES (X -Ref Subdivision 30T-14201) Kitchener Green Developments Inc. 186 Gehl Place CITY OF KITCHENER Regional staff has reviewed the above -noted zone change application to remove the lands from Zoning By-law 85-1 and bring the lands into Zoning By-law 2019-051 with some site-specific provisions for reduced yard setback and parking. The lands are contained within draft approved Plan of Subdivision 30T-14201. Water Services Water Services Engineering and Planning staff has no concerns. Hydrog'eology and Water Programs Water Services Hydrogeology and Water Programs staff has no concerns. Staff notes geothermal wells are not permitted on the subject lands. Special Regulation Provision 597R (prohibit geothermal wells) as it applied in Zoning By-law 85-1 continues to apply to the current zoning by-law amendment on the subject lands. Housing Housing Services staff has no concerns. Document Number: 4598365 Version: 1 Page 152 of 441 Archaeology Cultural Heritage Planning staff has no concerns at this time. Archaeological resource interests have been previously addressed. Record of Site Condition A Record of Site Condition is required due to former uses on this site. This is being addressed through conditions of draft approval on the plan of subdivision approval associated with development of the lands (re. Region DA Condition 3.51). Environmental Planning Environmental Planning staff has no concerns with the application, assuming the limits of the proposed Natural Heritage Conservation (NHC) zoning is consistent with the LPAT Decision of February 14, 2020 on the lands. Noise Study Corridor Planning staff has reviewed the report entitled "186 Gehl Place Subdivision (30T-14201), Environmental Noise Assessment", dated November 3, 2023, prepared by MTE Consultants Incorporated and provide the following comments. Staff concurs with the conclusions and recommendations of the Report. Implementation of the noise mitigation measures will be secured as conditions of draft approval for the subdivision (via agreement with the City of Kitchener and the Region as necessary). Traffic Road Noise The report indicates that the sources of noises are Regional Road #56 (Bleams Road), Amand Drive and Rosenberg Way. The report indicates that the acoustical impacts are above acceptable levels and mitigation, including noise barrier(s), provision for air conditioning and noise warning clauses are required for some dwelling units to ensure noise levels do not exceed acceptable levels noted in NPC -300 and NPC -216. The report indicates that a 15.Om long 1.8m high acoustic barrier is required for the side yard of Lot 58 (adjacent Rosenberg Way). The barrier is to be located 0.3m inside private property. The report notes that none of the dwelling units will require special building components. The report notes that an Environmental Noise Assessment is to be conducted during the Site Plan Approval (SPA) process, for the multi -residential blocks. The multi - residential blocks to be assessed during their respective SPA process are Blocks 275, 276, 279 and 284. Document Number: 4598365 Version: 1 Page 153 of 441 Stationary Noise Section 4.3 of the report (stationary noise analysis) is acceptable. It recognizes the aggregate license(s) will be surrendered and the subject and adjacent lands will be rehabilitated as plans of subdivision. As a result, stationary noise from aggregate operations is not expected. Regional Development Charges Any future development on the subject lands will be subject to provisions of Regional Development Charges By-law 19-037 or any successor thereof. Other Staff acknowledges the Region's required review fee for the ZBA application was received January 24, 2024. In summary, Regional staff has no objection to the continued processing of the application. If you have any question, please do not hesitate to give me a call. Yours truly, fl Shilling Yip, MCIP, RPP Senior Planner cc. Trevor Kearns / Michael O'Donnell, Mattamy Homes Document Number: 4598365 Version: 1 Page 154 of 441 City of Kitchener Zone Change / Official Plan Amendment Comment Farm Address: 186 Gehl P1 Owner: Mattamy Homes Application: ZBA23/038/G/ES Comments Of: Park Planning Commenter's Name: Lenore Ross Email: Lenore. ross@kitchener.ca Phone: 519-741-2200 ext 7427 Date of Comments: Jan 15 2024 ❑ 1 plan to attend the meeting (questions/concerns/comments for discussion) ®! No meeting to be held ❑ 1 do NOT plan to attend the meeting (no concerns) 1. Documents Reviewed: I have reviewed the documentation noted below submitted in support of a ZBA to remove the lands from Zoning By-law 85-1 and bring the lands into Zoning By-law 2019-051 with some site- specific provisions for reduced yard setback and parking. • Zoning By-law Amendment Application Form • Planning Summary Letter • Draft Zoning By-law Amendment and Map • Civil Engineering Letter The proposed zoning shown on the zone area map and detailed on the draft zoning bylaw is acceptable to Parks and Cemeteries. I would note, however that I have some concerns and questions regarding the corresponding land use and consistency of linework relative to the proposed zoning and Blocks/uses shown in the red -lined Draft Plan of Subdivision — specifically around the southwest corner of the lands. The trail connection from Gehl Place to the proposed development west of these lands will connect at the NHC limits. ELAN rloir��d� NN Bid rorrprd5.�kn�Ey 777,7777}��n✓r�r'c 1 t 77r f d n}/ p r 4 ,} a u u i� w I I V X N 9 N W I II uti if�i r u rr vAi N l 1g Nh �u�k 5:���N IhBBC�" � =STREET AD (i a C � Pyw. .w�. 6mfl """" A City for Everyone Working Together — Growing Thoughtfully — Building Community Pfl 55 of 441 City of Kitchener Zone Change / Official Plan Amendment Comment Form 1.. Area 5 is noted as NHC-1 in the proposed ZBA and Block 14 in the redline Draft Plan is slightly larger than on the OLT DP and now extends into the former Block 4 (now Block 8) and is noted in the redline DP as Open Space and does not match the proposed zone map . Block 15 on the redline DP is noted as Open Space / Trails and is mostly within the Area 5 is noted as NHC-1 in the proposed ZBA A City for Everyone Working Together — Growing Thoughtfully — Building Community AdnmimistnathomC'emtme: 4O{Clyde Road, P[lBox 72g [ambhdge,0N WlR5VV6 Z Phone: 519-6,21-2761 Toll free: 1-866-900 -4/22 Fax: 519.621-.4844 www.granddver.ca January 2O.2O23 via email Eric Schneider, MQP.RPP, Senior Planner Planning Divisi0n, City ofKitchener 200 King Street West Kitchener, ON, N2G4G7 Dear Eric Schneider, Re: Zoning By-law Amendment Application ZBA23038/G/E8 1OOGehl Place (3OT-142O1),City VfKitchener Kitchener Green Developments Inc. Grand River Conservation Authority (GRCA) staff has reviewed the above -noted application to amend the provisions tothe approved By -Law h3Implement the Rosenberg Secondary plan policies and to be consistent with the approved zoning By -Law on the adjacent lands. Recommendation The GRCA has no objection to the approval of the proposed zoning by-law amendment. The GRCA has not provided clearance of draft plan conditions for registration at this time. Documents Reviewed by Staff Staff have reviewed the following documents submitted with this app|ioation, received by GRCA staff December 20.2U23: - Planning Summary letter, prepared by SGL Planning & Design Inc., dated October 27, 2023. - Civil engineering opinion letter, prepared by MTE Consultants, dated October 25, 2023. GIRCA Comments GRCA has reviewed this application 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 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 otour office indicates that the subject land contains avvet|and and the regulated allowance to the wetland. As such, GRCA regulates a portion of the property under Ontario Regulation 150/06 (Development, Interference with Wetlands and Alterations to 8h0v8|ine8 and Watercourses Regulation). Any future development within the regulated area requires the prior issuance of permit from GRCA under Ontario Regulation 150/08. The GRCA has no objection to the approval of the proposed zoning by-law amendment. The applicant has submitted updated engineering drawings and reports for clearance of Draft Plan Page 157 of 441 conditions for registration. The GRCAisreviewing this submission and will provide comments tOthe applicant under separate cover. The plan review fee for GRCA's review of this zoning by-law amendment application is waived 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)ofthe 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. Should you have any questions, please contact the undersigned gt CfOsterp8nyeUy@grand river. C8or518-021-27O3extension 231S. Sincerely, 6�k Chd,s . M.Sc. Assistant Supervisor DfResource Planning Engineering and Planning Services Enclosed: GRCA map of property Copy: David Riley, SGL Planning and Design Inc., applicant (via email) Page 158 of 441 'T fl- Cj LL C) 0 cli O C) C) z cu < 20 C7 <— C<L m 'N 6E CU CD o o C13 (D is -6 < (D U) E CL 5 Ef C) 2 'u, (D U) 0 w < 0 ce) (D G E m r- a) 0 w w w w c LLJ w < (n 0 >p 2 ll (D 0) -a)O I'l, �0 s 6g 00 Cf) -IM Eric Schneider From: To: You don't often get email fron Hi Eric, RajDhaliwm| Saturday, February 10, 2024 10:37 AM Eric Schneider 186geh|place development Its really nice that you guys are developing kitchener but the infrastructure can't handle all this development. I've been living inkitchenerfor close 10 35 years and my kids can't even get into swimming or other events as they are always packed within few hours ofopening. Its nice that its developed but what are you guys doing to help the infrastructure. � am against all this development as there are massive lines for anything like service canada or getting license renewals or any events for kids. I've spent my whole life here and my kids can't even go to swimming or soccer as it fills up so quick. These are not being addressed. Page 160 of 441 Staff Report Development Services Department REPORT TO: Planning and Strategic Initiatives Committee DATE OF MEETING: February 26, 2024 l KtgR www. kitchener ca SUBMITTED BY: Garett Stevenson, Director, Development and Housing Approvals, 519-741-2200 ext. 7070 PREPARED BY: Eric Schneider, Senior Planner, 519-741-2200 ext. 7843 WARD(S) INVOLVED: Ward 2 DATE OF REPORT REPORT NO. January 29, 2024 DSD -2024-071 SUBJECT: Official Plan Amendment Application OPA23/0211W/ES Zoning By-law Amendment Application ZBA23/037/W/ES 32-42 Windom Road Jackman Property Holdings c/o Vive Development Corp. RECOMMENDATION: That Official Plan Amendment Application OPA23/021/W/ES for Jackman Property Holdings c/o Vive Development Corp. requesting a Site -Specific Policy Area to permit a multiple residential dwelling development with a Floor Space Ratio of 1.4 and a Building Height of 15.1 metres on the lands specified and illustrated on Schedule `A', be adopted in the form shown in the Official Plan Amendment attached to Report DSD -2024-071 as Attachment `A', and accordingly forwarded to the Region of Waterloo for approval; and That Zoning By-law Amendment Application ZBA23/037/W/ES for Jackman Property Holdings c/o Vive Development Corp. be approved in the form shown in the `Proposed By-law', and `Map No. 1', attached to Report DSD -2024-071 as Attachment `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 32-42 Windom Road. It is planning staff's recommendation that the Official Plan and Zoning By-law Amendments be approved. • The proposed Amendments support the creation of 58 dwelling units within 2 buildings in a 3.5 storey stacked townhouse typology. • Community engagement included: *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 161 of 441 o circulation of a preliminary notice letter to property owners and residents within 240 metres of the subject site; o installation of a large billboard notice sign on the properties; o follow up one-on-one correspondence with members of the public; o Neighbourhood Meeting held on December 12, 2023; o postcard advising of the statutory public meeting was circulated to all property owners within 240 metres of the subject site, those who responded to the preliminary circulation; and those who attended the Neighbourhood Meetings; o notice of the public meeting was published in The Record on February 2, 2024. • This report supports the delivery of core services. • These applications were deemed complete on October 31, 2023. The Applicant can appeal these applications for non -decision after February 28, 2024. EXECUTIVE SUMMARY: Planning staff is recommending approval of the requested Official Plan Amendment to add Site Specific Policy Area No. 71 to Map 5 and Policy 15.D.12.71 to the text in the Official Plan to allow for an increased Floor Space Ratio (FSR) of 1.4 and an increased building height of 15.1 metres. Planning Staff is recommending approval of the requested Zoning By-law Amendment Application to change the zoning on the lands to `Low Rise Residential Five Zone (RES -5)' and to add a Site Specific Provision (390) in Zoning By-law 2019-051 to permit a stacked townhouse development with 58 dwelling units with an increased Floor Space Ratio (FSR) and building height, reduced side yard setbacks, a reduction in the number of required parking spaces, an increase in the required bicycle parking, and a prohibition on geothermal wells. The applicant has made revisions to the site to respond to staff and community comments. Staff are recommending that the applications be approved. BACKGROUND: The City of Kitchener has received applications for Official Plan Amendment and Zoning By-law Amendment from Jackman Property Holdings (c/o Vive Development Corp.) for a development concept of a stacked townhouse development containing 58 dwelling units. Jackman Property Holdings submitted a previous Zoning By-law Amendment Application (ZBA20/017/W/ES) for a portion of the subject lands (42 Windom Road) proposing a stacked townhouse development with 24 units. This application was approved by City Council on August 22, 2022. That concept is no longer being pursued as the lands at 42 Windom Road have since been consolidated with 32 Windom Road to form the subject lands for this application. The lands are designated `Low Rise Residential' in the City's Official Plan. Site Context The subject lands are addressed as 32-42 Windom Road, consisting of two lots each containing an existing building. The parcel has 48.8 metres of lot width and a lot area of 0.34 hectares. The lands at 32 Windom Road contain a single detached dwelling. The lands at 42 Windom Road contain a 5 -unit multiple dwelling, converted from a former detached dwelling. The surrounding neighbourhood contains a mix of low to medium rise residential, including semi-detached dwellings, townhouses, and apartment buildings. Page 162 of 441 C0 f ;� ;m ,., rr Twp �r�Nw. SUBJECT AREA C Irv, C) .;�:.)441 N Figure 1 - Location Map: 32-42 Windom Road REPORT: The applicant is proposing to redevelop the subject lands with a stacked townhouse development containing two (2) buildings with a total of 58 dwelling units. The buildings would be 3.5 storeys and contain basement units that are partially above grade. A total of 47 parking spaces are proposed as surface parking spaces. Two-way vehicular access to the site is proposed in the centre of the property between the two buildings that wrap the side and front property lines, with unit entrances facing Windom Road. Outdoor at -grade amenity area is proposed at the rear of the site. Page 163 of 441 Figure 2 — View of 32 Windom Road (Single Detached Dwelling) Figure 3 — View of 42 Windom Road (5 -unit Dwelling) Page 164 of 441 The proposed development includes 58 units with the following unit breakdown: • 18 One Bedroom • 20 Two Bedroom • 18 Three Bedroom 2 Four Bedroom Revisions in response to comments during application process: The applicant has responded to staff and neighbourhood comments regarding the supply of visitor parking spaces, which has been increased from 3 to 5 spaces. The applicant has also incorporated some compact parking spaces which allowed for the outdoor amenity area to be increased in size from 63 square metres to 82 square metres. Planning Staff and Parks and Cemeteries Staff will encourage the applicant to increase the size and further enhance the amenity space through the site plan application process. The applicant has confirmed that each dwelling unit will contain an indoor secured bicycle storage space for a rate of 1 per dwelling unit, above the minimum required 0.5 spaces per dwelling unit. Figure 4- Original Amenity Area (left), Enlarged Amenity Area (right) Page 165 of 441 Planning Analysis: Planning Act, R.S.O. 1990, c. P.13 25. Section 2 of the Planning Act establishes matters of provincial interest and states that the Minister, the council of a municipality, a local board, a planning board and the Tribunal, in carrying out their responsibilities under this Act, shall have regard to, among other matters, matters of provincial interest such as, f) The adequate provision and efficient use of communication, transportation, sewage and water services and waste management systems; g) The minimization of waste; h) The orderly development of safe and healthy communities; j) The adequate provision of a full range of housing, including affordable housing; k) The adequate provision of employment opportunities; p) The appropriate location of growth and development; q) The promotion of development that is designed to be sustainable, to support public transit and to be oriented to pedestrians; r) The promotion of built form that, (i) Is well-designed, (ii) Encourages a sense of place, and (iii) Provides for public spaces that are of high quality, safe, accessible, attractive and vibrant; s) The mitigation of greenhouse gas emissions and adaptation to a changing climate. These matters of provincial interest are addressed and are implemented through the Provincial Policy Statement, 2020, as it directs how and where development is to occur. The City's Official Plan is the most important vehicle for the implementation of the Provincial Policy Statement, 2020 and to ensure Provincial policy is adhered to. The Ministry of Municipal Affairs and Housing is proposing an integrated province -wide land use planning policy document, potentially replacing the Provincial Policy Statement and A Place to Grow: Growth Plan for the Greater Golden Horseshoe, with a singular Provincial Planning Statement (PPS) which is in draft form and not in effect at the time this report was prepared. Page 166 of 441 Figure 5: Revised Concept Plan Provincial Policy Statement, 2020: The Provincial Policy Statement (PPS) provides policy direction on matters of provincial interest related to land use planning and development. Section 1.4.3(b) of the PPS promotes all types of residential intensification, and sets out a policy framework for sustainable, healthy, liveable and safe communities. The PPS promotes efficient development and land use patterns, as well as accommodating an appropriate mix of affordable and market-based residential dwelling types with other land uses, while supporting the environment, public health and safety. Provincial policies promote the integration of land use planning, growth management, transit -supportive development, intensification, and infrastructure planning to achieve cost-effective development patterns, optimization of transit investments, and standards to minimize land consumption and servicing costs. To support provincial policies relating to the optimization of infrastructure, transit and active transportation, the proposed designation and zoning facilitate a compact form of development which efficiently uses the lands, is in close proximity to transit options, 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, including the Dom Cardillo Trail, the Chicopee Centreville Community Centre, and Howard Robertson Public School. Provincial policies are in support of providing a broad range of housing. The proposed development includes a wide range and distribution of one, two, three and four- bedroom units. Planning staff is of the opinion that the proposed application will facilitate the intensification of the subject property with a low to medium density residential 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. Page 167 of 441 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. Policy 2.2.6.1(a) states that municipalities will support housing choice through the achievement of the minimum intensification and density targets in this plan by identifying a diverse range and mix of housing options and densities, including additional residential units and affordable housing to meet projected needs of current and future residents. Policies 2.2.1.4 states that complete communities will: a) feature a diverse mix of land uses, including residential and employment uses, and convenient access to local stores, services, and public service facilities; b) improve social equity and overall quality of life, including human health, for people of all ages, abilities, and incomes; c) provide a diverse range and mix of housing options, including additional residential units and affordable housing, to accommodate people at all stages of life, and to accommodate the needs of all household sizes and incomes; d) expand convenient access to: i. a range of transportation options, including options for the safe, comfortable and convenient use of active transportation; ii. public service facilities, co -located and integrated in community hubs; iii. an appropriate supply of safe, publicly -accessible open spaces, parks, trails, and other recreational facilities; and iv. healthy, local, and affordable food options, including through urban agriculture; e) provide for a more compact built form and a vibrant public realm, including public open spaces; f) mitigate and adapt to the impacts of a changing climate, improve resilience and reduce greenhouse gas emissions, and contribute to environmental sustainability; and g) integrate green infrastructure and appropriate low impact development. The Growth Plan supports planning for a range and mix of housing options and developments that can accommodate a range of household sizes in locations that can provide access to transit and other amenities. Planning staff is of the opinion that the applications conform to the Growth Plan. Page 168 of 441 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 as illustrated in Map 2 in the ROP. On August 18th, 2022, the Regional Municipality of Waterloo adopted ROP Amendment number 6 (ROPA 6), which came into force and effect upon approval by the Minister of Municipal Affairs and Housing on April 11, 2023. The proposed development conforms to Section 2.F of the ROP as the proposed development supports the achievement of the minimum annual intensification targets within the delineated Built - Up Area. Growth is directed to the Built Up Area of the Region to make better use of infrastructure that can assist in transitioning the Region into an energy efficient, low carbon community. Furthermore, intensification within the Built -Up Area assists the gradual transition of existing neighbourhoods within the Region into 15 -minute neighbourhoods that are compact, well connected places that allow all people of all ages and abilities to access the needs for daily living within 15 minutes by walking, cycling or rolling. The Region of Waterloo have indicated they have no objections to the proposed application (Attachment `D'). Planning staff are of the opinion that the applications conform to the Regional Official Plan. City of Kitchener Official Plan (OP) The City of Kitchener OP provides the long-term land use vision for Kitchener. The vision is further articulated and implemented through the guiding principles, goals, objectives, and policies which are set out in the Plan. The Vision and Goals of the OP strive to build an innovative, vibrant, attractive, safe, complete and healthy community. Urban Structure The subject lands are currently identified as Community Area in the City's Urban Structure (Map 2). The planned function of Community Areas is to provide for residential uses as well as non-residential supporting uses intended to serve the immediate residential areas. 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, along with other land use designations. The subject lands are designated `Low Rise Residential' (Map 3) in the City of Kitchener Official Plan. The Low Rise Residential designation permits multiple dwellings up to 11 metres in height and to a maximum Floor Space Ratio (FSR) of 0.75. The applicant is proposing to add a Site Specific Policy Area to allow for an increased building height to 15.1 metres and an increased Floor Space Ratio (FSR) of 1.4. Policy 17.E.13.1. of the City of Kitchener Official Plan require that holding provisions will be applied in situations where it is necessary or desirable to zone lands for development or redevelopment in advance of the fulfillment of specific requirements and conditions, and where the details of the development or redevelopment have not yet been fully resolved. A Holding provision may be used in order to ensure that certain conditions, studies or requirements related to a proposed Zoning By-law Amendment are met. Urban Desian Policies: Page 169 of 441 The City's urban design policies are outlined in Section 11 of the City's OP. In the opinion of staff, the proposed development satisfies these policies including: Streetscape; Safety; Universal Design; Site Design; Building Design, and Massing and Scale Design. To address these policies, an Urban Design Brief was submitted and has been reviewed by City staff. The Urban Design Brief is acceptable and outlines the vision and principles guiding the site design and informs the proposed zoning regulations. Streetscape — The proposed building has been oriented with pedestrian entrances and balconies facing Windom Road. The proposed built form would activate the streetscape and provide an attractive and animated building wall, with a centralized vehicular entrance in between the proposed buildings. Safety — As with all developments that go through site plan approval, staff will ensure Crime Prevention through Environmental Design (CPTED) principles are achieved and that the site meets emergency services policies. Wood fencing, 1.8 metres in height, is proposed to surround the interior and screen the private patio areas and the common shared amenity areas along the side and rear property lines. Planning Staff will review lighting plans through a future site plan application to ensure safe levels of lighting are provided in the parking area and pedestrian areas. Universal Design — The development will be designed to comply with Accessibility for Ontarian's with Disabilities Act and the Ontario Building Code. Site Design, Building Design, Massing and Scale — The subject site is designed to have buildings that will be developed at a scale that is compatible with the existing and planned surroundings. There are existing multiple dwellings in the form of townhomes abutting both interior side property lines, and a four -storey apartment building abutting the rear property line. The proposed 3.5 storey stacked townhomes are similar in scale and form to 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 subject lands are located in close proximity to Regional Roads Fairway Road North and King Street East, with transit stops for GRT routes 1, 7, 8, and iXpress 301 in short walking distance. The Fairway Ion Station stop is 2 kilometres to the south. The site has excellent access to cycling networks, including the Dom Cardillo Trail. The location of the subject lands, in the context of the City's integrated transportation system, supports the proposal for transit -oriented development on the subject lands. The proposed Official Plan Amendment and Zoning By-law Amendment Applications support a denser residential development, replacing 6 current units for 58 units. The location of the proposed buildings, secured through the proposed site-specific provisions, will result in a compatible built form that fosters walkability within a pedestrian -friendly environment that allows walking to be safe, comfortable, barrier -free and a convenient form of urban travel. Additionally, secured and visitor bicycle parking is required as part of Page 170 of 441 the Zoning By-law. The applicant is proposing to provide 1 secure bicycle space within each dwelling unit. Housina Policies: Section 4.1.1 of the City's Official Plan contains policies with the primary objective to provide for an appropriate range, variety and mix of housing types and styles, densities, tenure and affordability to satisfy the varying housing needs of our community through all stages of life. The proposed development increases the range of dwelling units available in the city and contributes to providing a greater diversity of unit types in the neighbourhood. The development is contemplated to include a range of unit types including, one-, two-, three-, and four-bedroom units. The wide range of units, in this location will appeal to a variety of household needs and directly responds to the need for more affordable housing during the current housing crisis. Official Plan Conclusions The Official Plan Amendment application requests that Section 15.D.12 and Map 5— Specific Policy Areas be amended to add Policy 15.D.12.71 and `Site Specific Policy Area No. 71, respectively. Based on the above -noted policies and planning analysis, staff is of the opinion that the proposed Official Plan Amendment represents good planning and recommends that the proposed Official Plan Amendment be approved in the form shown in Attachment `A'. Proposed Zoning By-law Amendment: The subject lands at 32 Windom Road are currently zoned `Low Rise Residential Four Zone (RES -4)' in Zoning By-law 2019-051. The subject lands at 42 Windom Road are currently zoned `Low Rise Residential Five Zone (RES -5) with Site Specific Provision (342)' in Zoning By-law 2019-051. The applicant has requested an amendment to change the zoning on the subject lands to `Low Rise Residential Five Zone (RES -5) with a new Site Specific Provision (390). Official Plan policies indicate that where site-specific zoning regulations are requested for residential intensification or a redevelopment of lands, the overall impact of the site specific zoning regulations will consider compatibility with existing built form; appropriate massing and setbacks that support and maintain streetscape and community character; appropriate buffering to mitigate adverse impacts, particularly with respect to privacy; avoidance of unacceptable adverse impacts by providing appropriate number of parking spaces and an appropriate landscaped/amenity area. The applicant is seeking to amend Zoning By-law 2019-051 to add Site Specific Provision (390). Staff offer the following comments with respect to Site Specific Provision (390). a) That the maximum Floor Space Ratio (FSR) shall be 1.4. Page 171 of 441 The purpose of this regulation is to cap the Floor Space Ratio (FSR) and ensure development does not exceed the density presented in the concept plans. The figure of 1.4 includes the basement units, which are proposed to have ceilings 1.5 metres above grade and are therefore included in the calculations for Floor Space Ratio. Basement units with ceilings that are 0.5 metres or less above grade do not contribute to calculations for Floor Space Ratio as per the Zoning By-law. The 3.5 storey building typology is similar to the 3 storey building typologies permitted as -of -right in the current zoning, and in the opinion of Planning Staff it is compatible to the surrounding neighbourhood which includes 4 -storey apartment buildings to the rear of the site. b) That the maximum building height shall be 15.1 metres. The purpose of this regulation is to establish a maximum building height for buildings on site. The applicant is proposing an architectural style that includes a pitched roof. This adds a significant amount of building height above the livable floor area. The livable floor area portion of the building is below 11 metres and would comply with the existing maximum building height regulation in the Zoning By-law. Staff acknowledge that a peaked roof does not contain the same impact as a livable floor, and that it positively contributes to the overall aesthetics of the building and site in regard to being compatible with the surrounding neighbourhood. c) That parking be provided at a rate of 0.81 parking spaces per dwelling unit including visitor spaces (47 spaces). The purpose of this regulation is to provide for a parking rate which is appropriate for the development. The proposed ratio results in a parking rate of 0.81 parking spaces per dwelling unit (inclusive of visitor spaces). The subject lands have adequate access to public transit and pedestrian/cycling networks and adequate bike storage will be provided within the development for residents. Planning and Transportation Services staff is of the opinion that the parking rate of 0.81 parking spaces per dwelling unit (inclusive of visitor parking) is appropriate for the subject lands. d) That the minimum visitor parking rate be 10% of required parking (5 spaces). The purpose of this regulation is to establish a parking rate for visitor parking spaces. The applicant is proposing a transit oriented development with less parking spaces than dwelling units overall. Therefore the proposed visitor parking rate is requested to be reduced to reflect the overall parking supply on site while providing spaces for visitors to park. On -street parking for visitors is available on both sides of Windom Road outside of the turning circle and the area close to Thaler Avenue. These on -street parking spaces provide short-term visitor parking as well near the site. e) The minimum interior side yard setback shall be 2.5 metres. The purpose of this regulation is to regulate the building setback to adjacent properties and provide for an adequate building setback for landscaping and amenity areas. The applicant is requesting a reduction to 2.5 metres from the required minimum of 3.0 metres. The compact built form and providing adequate drive aisle and parking space size are contributing factors to the requested reduction in interior side yard setback. In terms of the Page 172 of 441 site context, there are multiple dwelling developments on both sides of the subject lands, both containing drive aisle/parking areas along the side property line. Planning staff are of the opinion that there is adequate building separation with the proposed 2.5 metre interior side yard setbacks. f) The minimum required Class A Bicycle Parking spaces be 1 per dwelling unit. The purpose of this regulation is to establish a minimum required rate of Class A (secure) bicycle parking for the proposed development. This exceeds the minimum standard in the zoning by-law of 0.5 bicycle spaces per dwelling unit. The applicant, as part of the Transportation Demand Management plan and justification for reduction in vehicle parking, has proposed one secure bicycle storage space for each dwelling unit in the proposed development. This will allow residents to have safe, indoor, secure storage for their bicycles. This is in addition to the standard outdoor bicycle racks that will also be provided on site for visitors for short-term use. g) That geothermal wells be prohibited. The purpose of this regulation is to protect sensitive groundwater areas. The Region of Waterloo requires a prohibition on geothermal energy on the subject lands. Proposed Zoning By-law Amendment Conclusions Staff is of the opinion that the proposed Zoning By-law Amendment Application to change the zoning of the subject lands to `Low Rise Residential Five Zone' with Site Specific Provision (390) represents good planning as it will facilitate the redevelopment of the lands with a low rise multiple dwelling development that is compatible with the existing neighbourhood, which will add visual interest at the street level, provide enhanced landscaping that will contribute to the streetscape, and which will appropriately accommodate on-site parking needs. Staff are supportive of the proposed development and recommend that the proposed Zoning By-law Amendment Application be approved as shown in Attachment 'B'. Department and Agency Comments: Circulation of the Official Plan Amendment and Zoning By-law Amendment Applications was undertaken in December 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 Attachment `D' of this report. The following Reports and Studies were considered as part of this proposed Official Plan Amendment and Zoning By-law Amendment: Planning Justification Report & Urban Design Report Prepared by: Up Consulting, October 31, 2023 Elevations Drawings Prepared by: Reinders & Law, October 26, 2023 Page 173 of 441 Renderings Prepared by: Reinders & Law, October 26, 2023 Concept Plan & Floor Plans Prepared by: Reinders & Law, September 25, 2023 Arborist Report and Tree Preservation and Enhancement Plan Prepared by: JK Consulting Arborists, November 15, 2023 Traffic Impact and Parking Study: Prepared by: Paradigm Transportation Solutions Limited, October 2023 Geotechnical Investigation Prepared by: Chung & Vander Doelen, July 17, 2023 Existing Conditions Plan Prepared by: JD Barnes Limited, July 7, 2023 Site Servicing Feasibility Study Prepared by: Strik Baldinelli Moniz Ltd., November 8, 2023 3 people provided comments A City -led Neighbourhood Meetings held on December 12, 2023 and approximately 8 different users logged on Page 174 of 441 Community Input & Staff Responses 660 households (occupants and property owners) were circulated and notified Staff received written responses from 3 residents with respect to the proposed development. These are included in Attachment `E'. A Neighbourhood Meeting was held on December 12, 2023. In addition, staff had follow-up one-on-one correspondence with members of the public over the phone. A summary of what we heard, and staff responses are noted below. What We Heard Staff Comment School drop off for Howard The Waterloo Region Public School Board encourages Robertson on Windom causes parents to drop off students at designated locations in traffic concerns. Adding 58 units the neighbourhood with a 2-5 minute walk to the will make this situation worse. school, to minimize traffic at peak drop off and pick up. Windom Road was recently reconstructed in the past two years to add sidewalk on both sides. The travelled portion of the road has been narrowed in alignment with the City's Complete Streets guidelines. A Traffic Impact Assessment was submitted as part of the application and Transportation Services has reviewed and finds the analysis satisfactory. The development will not negatively impact traffic at the site's proposed entrance and at the intersection of Windom Road and Thaler Avenue. Parking supply is not sufficient and A Parking Justification and Transportation Demand will result in more on street parking Management analysis was also included in the Traffic on Windom. Impact Assessment. Transportation Services staff support a parking rate of 0.81 parking spaces per dwelling unit (inclusive of visitor parking). The proposed development will include unbundled parking, and is located close to transit options. 6 Class B bicycle spaces are provided on the plan and 1 Class A bicycle parking spaces per dwelling unit are provided as an active transportation measure. The applicant has responded to comments for visitor parking and increased the allotment of visitor parking s aces from 3 parking spaces to 5 parking spaces. Page 175 of 441 Trees will be removed as part of The applicant has submitted an Arborist Report that the development. recommends compensation for the proposed trees within the municipal right of way and preparation of a detailed landscaping plan during the site plan approval process contemplating new tree plantings throughout the site. Planning Conclusions In considering the foregoing, staff are supportive of the proposed Official Plan Amendment and Zoning By-law Amendment Applications to permit 32-42 Windom Road to be developed with 58 stacked townhouse units. Staff is of the opinion that the subject applications are consistent with policies of the Provincial Policy Statement, conform to Growth Plan for the Greater Golden Horseshoe, the Regional Official Plan, and the City of Kitchener Official Plan and represent good planning. It is recommended that the applications be approved. STRATEGIC PLAN ALIGNMENT: The recommendation of this report supports the achievement of the City's strategic vision through the delivery of core service. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget - 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 28, 2024 or the Planning Division must issue an application fee refund of $12,800.00, being 50% of the $25,600.00 (2023 rate paid in 2023) 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 November, 2023. Following the initial circulation referenced below, an additional postcard advising of the statutory public meeting was circulated to all residents and property owners within 240 metres of the subject lands, those responding to the preliminary circulation and who attended the Neighbourhood Meetings. Notice of the Statutory Public Meeting was also posted in The Record on February 2, 2024. (a copy of the Notice may be found in Attachment `C' CONSULT — The proposed Official Plan Amendment and Zoning By-law Amendment Applications were circulated to residents and property owners within 240 metres of the subject lands on Date. In response to this circulation, staff received written responses from Page 176 of 441 3 members of the public, which were summarized as part of this staff report. Planning staff also had one-on-one conversations with residents on the telephone and responded to emails. PREVIOUS REPORTS/AUTHORITIES: • Planning Act, R.S.O. 1990, c. P.13 • Growth Plan, 2020 • Provincial Policy Statement, 2020 • Region of Waterloo Official Plan • City of Kitchener Official Plan, 2014 • City of Kitchener Zoning By-law 2019-051 • DSD -2022-348 (ZBA application for lands at 42 Windom Road) REVIEWED BY: Malone -Wright, Tina — Manager Development Approvals APPROVED BY: Readman, Justin - General Manager, Development Services ATTACHMENTS: Attachment A— Proposed Official Plan Amendment Attachment B — Proposed By-law and Map No. 1 Attachment C — Newspaper Notice Attachment D — Department and Agency Comments Attachment E — Neighbourhood Comments Attachment F — Revised Concept Plan Page 177 of 441 Attachment "A" DSD -2024-071 AMENDMENT NO. XX TO THE OFFICIAL PLAN OF THE CITY OF KITCHENER CITY OF KITCHENER 32-42 Windom Road Page 178 of 441 INDEX SECTION 1 SECTION 2 SECTION 3 SECTION 4 APPENDICES APPENDIX 1 APPENDIX 2 APPENDIX 3 AMENDMENT NO. XX TO THE OFFICIAL PLAN OF THE CITY OF KITCHENER CITY OF KITCHENER 32-42 Windom 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 February 26, 2024 Minutes of the Meeting of Planning and Strategic Initiatives Committee — February 26, 2024 Minutes of the Meeting of City Council — February 26, 2024 Page 179 of 441 Attachment "A" DSD -2024-071 AMENDMENT NO. XX TO THE OFFICIAL PLAN OF THE CITY OF KITCHENER SECTION 1 — TITLE AND COMPONENTS This amendment shall be referred to as Amendment No. XX to the Official Plan of the City of Kitchener. This amendment is comprised of Sections 1 to 4 inclusive. SECTION 2 — PURPOSE OF THE AMENDMENT The purpose of the Official Plan Amendment is to amend the Official Plan by adding Special Policy Area 71 to Map 5 and by adding associated Policy 15.D.12.71 to the text of the Official Plan. SECTION 3 — BASIS OF THE AMENDMENT The subject lands are designated `Low Rise Residential' in the Land Use Map (Map 3) in the City of Kitchener Official Plan. Planning Act, R.S.O. 1990, c. P.13 25. Section 2 of the Planning Act establishes matters of provincial interest and states that the Minister, the council of a municipality, a local board, a planning board and the Tribunal, in carrying out their responsibilities under this Act, shall have regard to, among other matters, matters of provincial interest such as, f) The adequate provision and efficient use of communication, transportation, sewage and water services and waste management systems; g) The minimization of waste; h) The orderly development of safe and healthy communities; j) The adequate provision of a full range of housing, including affordable housing; k) The adequate provision of employment opportunities; p) The appropriate location of growth and development; q) The promotion of development that is designed to be sustainable, to support public transit and to be oriented to pedestrians; r) The promotion of built form that, (i) Is well-designed, (ii) Encourages a sense of place, and (iii) Provides for public spaces that are of high quality, safe, accessible, attractive and vibrant; s) The mitigation of greenhouse gas emissions and adaptation to a changing climate. These matters of provincial interest are addressed and are implemented through the Provincial Policy Statement, 2020, as it directs how and where development is to occur. The City's Official Plan is the most important vehicle for the implementation of the Provincial Policy Statement, 2020 and to ensure Provincial policy is adhered to. 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 Page 180 of 441 Attachment "A" DSD -2024-071 Place to Grow: Growth Plan for the Greater Golden Horseshoe, with a singular Provincial Planning Statement (PPS) which is in draft form and not in effect at the time this report was prepared. Provincial Policy Statement, 2020: The Provincial Policy Statement (PPS) provides policy direction on matters of provincial interest related to land use planning and development. Section 1.4.3(b) of the PPS promotes all types of residential intensification, and sets out a policy framework for sustainable, healthy, liveable and safe communities. The PPS promotes efficient development and land use patterns, as well as accommodating an appropriate mix of affordable and market-based residential dwelling types with other land uses, while supporting the environment, public health and safety. Provincial policies promote the integration of land use planning, growth management, transit -supportive development, intensification, and infrastructure planning to achieve cost-effective development patterns, optimization of transit investments, and standards to minimize land consumption and servicing costs. To support provincial policies relating to the optimization of infrastructure, transit and active transportation, the proposed designation and zoning facilitate a compact form of development which efficiently uses the lands, is in close proximity to transit options, 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, including the Dom Cardillo Trail, the Chicopee Centreville Community Centre, and Howard Robertson Public School. Provincial policies are in support of providing a broad range of housing. The proposed development includes a wide range and distribution of one, two, three and four-bedroom units. Planning staff is of the opinion that the proposed application will facilitate the intensification of the subject property with a low to medium density residential 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. 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. 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 4 Page 181 of 441 Attachment "A" DSD -2024-071 identifying a diverse range and mix of housing options and densities, including additional residential units and affordable housing to meet projected needs of current and future residents. Policies 2.2.1.4 states that complete communities will: a) feature a diverse mix of land uses, including residential and employment uses, and convenient access to local stores, services, and public service facilities; b) improve social equity and overall quality of life, including human health, for people of all ages, abilities, and incomes; c) provide a diverse range and mix of housing options, including additional residential units and affordable housing, to accommodate people at all stages of life, and to accommodate the needs of all household sizes and incomes; d) expand convenient access to: i. a range of transportation options, including options for the safe, comfortable and convenient use of active transportation; ii. public service facilities, co -located and integrated in community hubs; iii. an appropriate supply of safe, publicly -accessible open spaces, parks, trails, and other recreational facilities; and iv. healthy, local, and affordable food options, including through urban agriculture; e) provide for a more compact built form and a vibrant public realm, including public open spaces; f) mitigate and adapt to the impacts of a changing climate, improve resilience and reduce greenhouse gas emissions, and contribute to environmental sustainability; and g) integrate green infrastructure and appropriate low impact development. The Growth Plan supports planning for a range and mix of housing options and, in particular, developments that can accommodate a range of household sizes in locations that can provide access to transit and other amenities. Planning staff is of the opinion that the applications conform to the Growth Plan. Page 182 of 441 Attachment "A" DSD -2024-071 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 as illustrated in Map 2 in the ROP. On August 18th, 2022, the Regional Municipality of Waterloo adopted ROP Amendment number 6 (ROPA 6), which came into force and effect upon approval by the Minister of Municipal Affairs and Housing on April 11, 2023. The proposed development conforms to Section 21 of the ROP as the proposed development supports the achievement of the minimum annual intensification targets within the delineated Built -Up Area. Growth is directed to the Built Up Area of the Region to make better use of infrastructure that can assist in transitioning the Region into an energy efficient, low carbon community. Furthermore, intensification within the Built -Up Area assists the gradual transition of existing neighbourhoods within the Region into 15 -minute neighbourhoods that are compact, well connected places that allow all people of all ages and abilities to access the needs for daily living within 15 minutes by walking, cycling or rolling. The Region of Waterloo have indicated they have no objections to the proposed application (Attachment `D'). Planning staff are of the opinion that the applications conform to the Regional Official Plan. City of Kitchener Official Plan (OP) The City of Kitchener OP provides the long-term land use vision for Kitchener. The vision is further articulated and implemented through the guiding principles, goals, objectives, and policies which are set out in the Plan. The Vision and Goals of the OP strive to build an innovative, vibrant, attractive, safe, complete and healthy community. Urban Structure The subject lands are currently identified as Community Area in the City's Urban Structure (Map 2). The planned function of Community Areas is to provide for residential uses as well as non-residential supporting uses intended to serve the immediate residential areas. 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, along with other land use designations. The subject lands are designated `Low Rise Residential' (Map 3) in the City of Kitchener Official Plan. The Low Rise Residential designation permits multiple dwellings up to 11 metres in height and to a maximum Floor Space Ratio (FSR) of 0.75. The applicant is proposing to add a Site Specific Policy Area to allow for an increased building height to 15.1 metres and an increased Floor Space Ratio (FSR) of 1.4. Policy 17.E.13.1. of the City of Kitchener Official Plan require that holding provisions will be applied in situations where it is necessary or desirable to zone lands for development or redevelopment in advance of the fulfillment of specific requirements and conditions, and where the details of the development or redevelopment have not yet been fully resolved. A Holding provision may be used in order to ensure that certain conditions, studies or requirements related to a proposed Zoning By-law Amendment are met. Urban Design Policies: Page 183 of 441 Attachment "A" DSD -2024-071 The City's urban design policies are outlined in Section 11 of the City's OP. In the opinion of staff, the proposed development satisfies these policies including: Streetscape; Safety; Universal Design; Site Design; Building Design, and Massing and Scale Design. To address these policies, an Urban Design Brief was submitted and has been reviewed by City staff. The Urban Design Brief is acceptable and outlines the vision and principles guiding the site design and informs the proposed zoning regulations. Streetscape — The proposed building has been oriented with pedestrian entrances and balconies facing Windom Road. The proposed built form would activate the streetscape and provide an attractive and animated building wall, with a centralized vehicular entrance in between the proposed buildings. Safety — As with all developments that go through site plan approval, staff will ensure Crime Prevention through Environmental Design (CPTED) principles are achieved and that the site meets emergency services policies. Wood fencing, 1.8 metres in height, is proposed to surround the interior and screen the private patio areas and the common shared amenity areas along the side and rear property lines. Planning Staff will review lighting plans through a future site plan application to ensure safe levels of lighting are provided in the parking area and pedestrian areas. Universal Design — The development will be designed to comply with Accessibility for Ontarian's with Disabilities Act and the Ontario Building Code. Site Design, Building Design, Massing and Scale — The subject site is designed to havebuildings that will be developed at a scale that is compatible with the existing and planned surroundings. There are existing multiple dwellings in the form of townhomes abutting both interior side property lines, and a four -storey apartment building abutting the rear property line. The proposed 3.5 storey stacked townhomes are similar in scale and form to 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 subject lands are located in close proximity to Regional Roads Fairway Road North and King Street East, with transit stops for GRT routes 1, 7, 8, and iXpress 301 in short walking distance. The Fairway Ion Station stop is 2 kilometres to the south. The site has excellent access to cycling networks, including the Dom Cardillo Trail. The location of the subject lands, in the context of the City's integrated transportation system, supports the proposal for transit - oriented development on the subject lands. The proposed Official Plan Amendment and Zoning By-law Amendment Applications support a more dense residential development, replacing 6 current units for 58 units. The location of the proposed buildings, secured through the proposed site-specific provisions, will result in a compatible built form that fosters walkability within a pedestrian -friendly environment that allows walking to be safe, comfortable, barrier -free and a convenient form of urban travel. Additionally, secured and visitor bicycle parking is required as part of the Zoning By-law. The applicant is proposing to provide 1 secure bicycle space within each dwelling unit. Housing Policies: Section 4.1.1 of the City's Official Plan contains policies with the primary objective to provide for an appropriate range, variety and mix of housing types and styles, densities, Page 184 of 441 Attachment "A" DSD -2024-071 tenure and affordability to satisfy the varying housing needs of our community through all stages of life. The proposed development increases the range of dwelling units available in the city, and contributes to providing a greater diversity of unit types in the neighbourhood. The development is contemplated to include a range of unit types including, one-, two-, three-, and four-bedroom units. The wide range of units, in this location will appeal to a variety of household needs and directly responds to the need for more affordable housing during the current housing crisis. Official Plan Conclusions The Official Plan Amendment application requests that Section 15.D.12 and Map 5— Specific Policy Areas be amended to add Policy 15.D.12.71 and `Site Specific Policy Area No. 71, respectively. Based on the above -noted policies and planning analysis, staff is of the opinion that the proposed Official Plan Amendment represents good planning and recommends that the proposed Official Plan Amendment be approved in the form shown in Attachment `A'. SECTION 4 — THE AMENDMENT The City of Kitchener Official Plan (2014) is hereby amended as follows: a) Part C, Section 15.D.12 Area Specific/Site Specific Policy Areas is amended by adding Special Policy 15.D.12.71 thereto as follows: 71. Notwithstanding the Low Rise Residential land use designation and policies, applied to the lands located at 32-42 Windom Road, the maximum Floor Space Ratio shall be 1.4 and the maximum building height shall be 15.1 metres. b) Map No. 5 — Specific Policy Areas is amended by designating the lands, municipally addressed as 32-42 Windom Road, as `Low Rise Residential with Special Policy Area 71" instead of `Low Rise Residential', as shown on the attached Schedule `A'. Page 185 of 441 APPENDIX 1 NOTICE OF'PUBLIC MEETING for a development an your neighbourhood 32-42 Windom Road Attachment "A" DSD -2024-071 Planning,Strategic Initiatives Committee Date- February 26,2024 Location: Council Chambers, l(Itchenier City Hall 200, King Street West orVirtival Zoom Meeting Go to kitchener.ca/meetings aind select Concept Drawing * Current agenclas and reports (posted 10 days before, i-neetinpr) Appear as a del�egation *'Watch a i-neeting rb learn more abouttW5 project, including information 01fl YOUr appeal rights. visit:, www'.kitchenier.ca/ v PlanningApplications 0 0 or co nitact: 4 ("1 3,5 S e y s , 7 EricSchneider,Senior Planner 31,ldhdirig �l Illi g eik.schnelder,,J kutchener.ca S19.741.2200 x7843 The Oty of Klitcl"iener Mll consider applicatio,ris for arlOfficial Pllan Armen d-nent and Zoin�rig 8y -Ilam Amewdr-nent to facifitate the recle-velopmerit of the slite with the rei-naval of the two existing resudential bUildrigs and replacing them with two 3.5 storey stacked townhouse bUildings having a Floor. Space IRatuo (FSR) of 1.4, a tot4l of 58 residewifial dwelling unftsand providing 17 par ,in gspace s. Page 186 of 441 Attachment "A" DSD -2024-071 APPENDIX 2 Minutes of the Meeting of Planning and Strategic Initiatives Committee — February 26, 2024 10 Page 187 of 441 Attachment "A" DSD -2024-071 APPENDIX 3 Minutes of the Meeting of City Council — February 26, 2024 11 Page 188 of 441 r l\ Z a ¢ w \ U) W LU ♦�//LU �� V/ QN d W >Q M O ¢a LU ix Zco Z Q w U N O O o z U a O V � Co N d -o Q Q CO _HJ�J N p 025 LL co 0 C �� IL O N L z Q a LUCLQ OV �, > O MM — 025 d a�iN ��� Z z w � z LL Z o a5 m �``' w w S ~ �0Z V 0.2 N LO Q Q Z Q a to V ;� N "t ti p LZ w .� o d � Q Q Q U `~ Cl) Q Q > G J a- J J } m w ``F- ^z (D 4.0 LU a TOM U z (� O TOM LLz LL O W W O N o 0 w U) w LO o co N o N O O CN w LU 0 w m U C) N � O CO w Z U Q O�y� CV Cf)o _z 441 z0 z � S a Yo b Q 2T 6y w O o —Jo F O It c U Z Q U) V - < N co 00 Q U Q DSD -2024-071 Attachment "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 — Jackman Property Holdings and Windom KW Inc. — 32-42 Windom 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 239 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 Five Zone (RES -5) with Site Specific Provision (342) to Low Rise Residential Five Zone (RES -5) with Site Specific Provision (390). 2. Zoning Grid Schedule Number 239 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 2 on Map No. 1, in the City of Kitchener, attached hereto, from Low Rise Residential Four Zone (RES -4) to Low Rise Residential Five Zone (RES -5) with Site Specific Provision (390). 3. Zoning Grid Schedule Number 239 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. 4. Section 19 of By-law 2019-051 is hereby amended by adding Section 19 (390) thereto as follows: "390. Notwithstanding Tables 5-5 and 7-6 of this By-law within the lands zoned RES -5 and shown as affected by this subsection on Zoning Grid Schedule Number 239 of Appendix `A', the following special regulations shall apply: a) The maximum Floor Space Ratio (FSR) shall be 1.4. b) The maximum building height shall be 15.1 metres. C) The minimum required parking shall be 0.81 space per dwelling unit. Page 190 of 441 d) e) f) g) DSD -2024-071 Attachment "B" The minimum required visitor parking shall be 10% of required parking. The minimum side yard setback shall be 2.5 metres. The minimum required Class A Bicycle parking shall be 1 space per dwelling unit. Geothermal wells shall be prohibited." PASSED at the Council Chambers in the City of Kitchener this day of 12024. 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O .(� o 0 I IIVpIIIIIIIIIIIVVIIIIIIIIIIII ¢ O N U IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII w LU W m w LU oloo�l W Ln a CD O w O W VIII Q' uVVVVI�II 2 7 O " z vV W Q' ul o �1 Q P LU J LU U Q u U) 0 1 n, J 1 vt Q' z W — d lo� 0 m1j101 cn dLn 1 �, rn mmu vi r z g r W ■ Q 1 W � V I U � lu O I � z O � lu I _ o uW Y 1 Z U C7 — VIVVVVVVIIIIIIIIIIn W 1 1 N Z ¢z 1 W N ^ O O 0 1 — 2 Q N N _ co y� X x. 0) O tV IIF,µ � �W z NOTICE OF PUBLIC MEETING for a development in your neighbourhood 32-42 Windom Road Concept Drawing Have Your Voice Heard! Planning & Strategic Initiatives Committee Date: February 26, 2024 Location: Council Chambers, Kitchener City Hall 200 King Street West oPVirtual Zoom Meeting Go to kitchener.ca/meetings and select: • Current agendas and reports (posted 10 days before meeting) • Appear as a delegation • Watch a meeting To learn more about this project, including information on your appeal rights, visit: www.kitchener.ca/ PlanningApplications or contact: Eric Schneider, Senior Planner eric.schneider@kitchener.ca 519.741.2200 x7843 The City of Kitchener will consider applications for an Official Plan Amendment and Zoning By-law Amendment to facilitate the redevelopment of the site with the removal of the two existing residential buildings and replacing them with two 3.5 storey stacked townhouse buildings having a Floor Space Ratio (FSR) of 1.4, a total of 58 residential dwelling units and providing 47 parking spaces. Page 193 of 441 City of Kitchener COMMENT FORM Project Address: 32-42 Windom Road Application Type: Zoning By-law Amendment ZBA23/037/W/ES Official Plan Amendment OPA23/021/W/ES 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 27, 2023 1. Plans, Studies and Reports reviewed: • 32 and 42 Windom Road, Kitchener ON, Arborist Report and Tree Preservation Enhancement Plan, prepared by A Consulting Arborists, November 15, 2023. • 32 —42 Windom Rd Residential Development - Site Plan, prepared by Reinders & Law, 2023-10-03 2. Site Specific Comments & Issues: I have reviewed the studies as noted above, submitted in support of a complete application for a zoning bylaw and official plan amendment, proposing the removal of the existing detached dwellings and the construction of a two stacked 3.5 -storey stacked townhouse buildings, and note: • The Arborist Report / Tree Preservation Enhancement Plan assessed eighty-eight, (88) trees. Thirty- eight trees were in good condition, twenty-five trees in fair condition, and twenty-five trees in poor condition. • Three trees are considered boundary trees, all in poor condition. They have been recommended to be removed for safety and due to grading impacts. ➢ Written permission to support removal of joint ownership trees will be required, if not provided the proposed development concept cannot be supported. • To facilitate construction of the desired units, associated parking, amenity area, and grading to promote positive drainage, all trees located within the property limits will need to be removed. ➢ By not retaining/incorporating existing healthy trees, The proposed development concept does not meet the intent of the City's Urban Design Manual, the City's Council adopted Tree Management Policy, or Official Plan Policies 8.0.2.6 and 8.&.2.16. ➢ Support of the proposed OPA and ZBA (facilitating the redevelopment) will also support the removal of all the trees from the properties. The removal of all the trees may have a negative impact on the distribution of woodland cover in the local planning community. if supported, an ecologically sound tree replacement plan (to support the future site plan application) will be crucial to mitigate impacts of tree loss. 3. Policies, Standards and Resources: Tree Management A City for Everyone Working Together— Growing Thoughtfully — Building Community Page 194 of 441 ➢ As per Section 8.C.2.16. of the Official Plan, the City will require the preparation and submission of a tree management plan in accordance with the City's Tree Management Policy (available on the City's Website), where applicable, as a condition of a development application. o Any tree management plan must identify the trees proposed to be removed, justify the need for removal, identify the methods of removal and specify an ecologically sound tree replacement scheme and any mitigative measures to be taken to prevent detrimental impacts on remaining trees. ➢ policy 8.C.2.6., the City will incorporate existing and/or new trees into the streetscape or road rights-of-way and encourage new development or redevelopment to incorporate, protect and conserve existing healthy trees and woodlands in accordance with the Urban Design Policies in Section 13 (Landscape and Natural Features) of the Urban Design Manual and the Development Manual A City for Everyone Working Together — Growing Thoughtfully — Building Community Page 195 of 441 City of Kitchener Pre -submission Application Comment Form Project Address: 32-42 Windom Rd Date of Meeting: November 17, 2022 Application Type: OPA / ZBA / SP Comments Of: Environmental Planning (Sustainability) — City of Kitchener Commenter's Name: Gaurang Khandelwal Email: gaurang.khandelwal@kitchener.ca Phone: 519-741-2200 x 7611 Date of Comments: November 8, 2022 ❑ I plan to attend the meeting (questions/concerns/comments for discussion) ❑X I do NOT plan to attend the meeting 1. Site Specific Comments & Issues: I have reviewed the pre -submission application proposing an Official Plan Amendment and Zoning By- law amendment to permit the development of a 5 storey dwelling with 74 units, regarding Sustainability and Energy Conservation and provide the following: • The City is committed to accommodate growth in a sustainable manner. Sustainable development promotes a holistic approach to planning to achieve a balance between the social and economic needs of the community, and environmental conservation. • The City is committed to the wise and efficient use of energy and the establishment of energy sources that will protect the interests of future generations of citizens, such as alternative energy systems and renewable energy systems. • Energy consumption can be reduced through the development of an energy efficient urban form. Using less energy is beneficial for the environment as it reduces the demand on resources to create energy and the infrastructure required for its distribution. 2. Plans, Studies and Reports to submit as part of a complete Planning Act Application: For an Official Plan and/or a Zoning By law Amendment, it should be demonstrated, to the satisfaction of the City, how energy is being conserved or low energy generated. o Such studies may include but are not limited to an (1) Integrated Energy Master Plan, (2) Energy Conservation Efficiency Study, (3) a Feasibility Study for Renewable or Alternative Energy Systems, (4) District Heating Feasibility Study, or a (5) Sustainability Statement. For Site Plan Applications, a Sustainability Statement (as per the City's Terms of Reference) will be required with an emphasis on demonstrating, to the satisfaction of the City (Planning), how energy is being conserved or low energy generated. 1I Page Page 196 of 441 o Although the Ontario Building Code (O@{]isprogressive, going forward all developments will need to include energy conservation measures as the City (and Region of Waterloo) strive toachieve our greenhouse gas reduction target. o It is recommended that the applicant explore programs Vrmeasures best suited tVthe site and development that go beyond the OBC to further energy conservation, generation, operation and would benefit future residents /tenants. o Program certification is not required but is encouraged. Programs (or components of) that could beexplored are: • Energy Star /2O%/ 1596 more efficient then OBC) • R-2OOO(5O$6more efficient then {}B[), " Net Zero Ready /8DY6more efficient then OBC) • Net Zero (1OUY6more efficient then OBC) • LEED (equivalency rating would be sufficient if not seeking certification) 3. Policies, Standards and Resources: • Kitchener Official Plan Policy 7.C.4.4. Development applications will be required to demonstrate to the satisfaction of the City, through the completion of a Sustainability Report/Checklist in accordance with the Complete Application Requirements Policies in Se/tion 17.E.10, that the proposal meets the sustainable development policies of the Plan and that sustainable development design standards are achieved. m Kitchener Official Plan Policy 7I.4.S.The City will encourage and support, where feasible and appropriate, alternative energy systems, renewable energy systems and district energy in accordance with Section IC.G to accommodate current and projected needs of energy consumption. • Kitchener Official Plan Policy 7l6.4. 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. Such studies may include, but not limited to an Energy Conservation Efficiency Study, a Feasibility Study for Renewable or Alternative Energy Systems, District Heating Feasibility Study, and the completion of Sustainability Report/Checklist in accordance with the Complete Application Requirements Policies inSection 17.E.10. w Kitchener Official Plan Policy 7I.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. • The can befound onthe City's website under 'Planning Resources' at ... w Green Building Resources o Canada Green Building Council - https://www.cagbc.org// o Developer's guide to passive house buildings - https://vvvvw.passivehousecanada.com/passive-house-resources/ o 2|Pa[�e Page 197 of 441 o Canada's Building Strategy - https://www.nrcan.gc.ca/energy- efficiency/buildings/canadas-building-strategy/20535 o Passipedia -The Passive House Resource - https://passipedia.org/ S. Anticipated Fees: • unknown 31 Page Page 198 of 441 City of Kitchener Zone Change / Official Plan Amendment Comment Form Address: 32-42 Windom Road Owner: Jackman Property Holdings c/o Vive Development Corp. Application: ZBA23/037/W/ES and OPA23/021/W/ES Comments Of: Development and Housing Approvals Commenter's Name: Lenore Ross Email: Lenore. ross@kitchener.ca Phone: 519-741-2200 ext 7427 Date of Comments: Dec 20 2023 ❑X I plan to attend the meeting (questions/concerns/comments for discussion) ❑ No meeting to be held ❑ I do NOT plan to attend the meeting (no concerns) 1. Documents Reviewed: I have reviewed the documentation noted below submitted in support of an OPA and ZBA to In order to permit the proposed development, an Official Plan Amendment to the 'Low Rise Residential' designation in the Official Plan to add a site-specific policy area and Zoning By-law Amendment to change the zoning on 32 Windom Road from RES -4 to RES -5 and to add a site-specific to the lands are required • Completed Application Forms • Planning Justification & Urban Design Report • Arborist Report and Tree Management Plan • Concept Site Plan • Floor Plans • Elevation Drawings and Renderings • Functional Site Grading Plan • Existing Conditions Plan 2. Site Specific Comments & Issues: Parks and Cemeteries has no significant concerns with the proposed Official Plan and Zoning Bylaw amendments and can provide conditional support subject to the minor updates to submitted studies are noted below. The site is within the Centerville Chicopee Planning Community and although moderately well served with active neighbourhood park space, park amenities are not evenly distributed, and this site and proposed intensification lies outside of the targeted walkshed distance to local municipal park facilities. The provision of robust on-site amenities suitable to all ages, including children's play facilities, will be critical to the success of this proposal. The site plan, Planning Justification and Urban Design Report should reflect and accommodate sufficient and suitable on-site amenity spaces. A City for Everyone Working Together— Growing Thoughtfully — Building Community Page°1 b of 441 City of Kitchener Zone Change / Official Plan Amendment Comment Form Parks and Cemeteries can provide conditional support to the applications subject to receiving satisfactory updates to the documentation 3. Comments on Submitted Documents The following comments should be addressed at this time. 1) Proposed preliminary Site Plan — various documents a) The site plan illustrates a proposed amenity space in the northeast corner of the site. A sidewalk connection should be provided to the amenity space b) A sidewalk connection to the street should be provided to the northern block of townhomes. c) A revised preliminary site plan is required. 2) Planning Justification and Urban Design Report a) Parks and Cemeteries Presubmission application comments indicated that the Planning Justification Report and Urban Design Brief should provide a number of specific components that are missing from the submitted documents. b) The Planning Justification Report (PJR) should be updated to include an analysis and discussion of how the proposed development will impact the existing neighbourhood including the availability of services and infrastructure related to parks, open space, urban forests and community facilities relative to the change in planned function and increase in density specifically referencing the objectives and policies and in Part C Section 8: Parks, Open Space, Urban Forests and Community Facilities c) The Urban Design Brief should be updated to provide conceptual details for on-site amenity spaces including commentary and precedent images to guide detailed site design through the site plan application. As the site is beyond walkshed targets from active neighbourhood park space, robust on-site outdoor amenity spaces with good solar access and protection from wind will be expected as part of the site plan application and should include seating and play equipment for residents of all ages and abilities. d) The Planning Justification and Urban Design Report should be updated as noted above. 3) Arborist Report and Tree Preservation and Enhancement Plan a) The TPEP and Report identify 2 City owned trees within the right of way to be removed as part of the development and a proposed approximate value. b) It should be noted that LID / Stormwater infrastructure is also present in conjunction with Tree "A" c) Protection in-place of Tree "A" is certainly possible and a final decision regarding protection or removal as well as compensation/replanting will be made at the Site Plan application and reflect City by-laws and policies regarding tree assets and tree canopy. 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) A City for Everyone Working Together— Growing Thoughtfully — Building Community PMgeol& of 441 City of Kitchener Zone Change / Official Plan Amendment Comment Form • 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 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 Provincial requirements. A City for Everyone Working Together— Growing Thoughtfully — Building Community PFage°81 of 441 City of Kitchener 4*,,fficial Plan and Zone Change Comment Form Address: 4ZWindom Rd Application #: Zoning By-law Amendment and Official Plan Amendment Comments Of: City ofKitchener — Urban Design- Planning Cmmmen1e/sName: Pe8ehFahinnion Email: Pegah.fahinnian@kitchenerza Phone: 519-741-220OExt. 7342 Date of Comments: Dec15,2023 El I plan to attend the meeting (questions/concerns/comments for discussion) 0 No meeting to be held El I do NOT plan to attend the meeting (no concerns) 1. Site -Specific Comments & Issues: 0 1 have reviewed the documentation to support an Official Plan and Zoning'By-Law Amendment to develop the subject lands with two stacked 3.5 -storey stacked townhouse buildings containing 58 dwelling units. A Floor Space Ratio (FSR) of 1.4 is proposed. 47piarking spaces are proposed on the surface. In order to permit the proposed development, an Official Plan Amendment to the 'Low Rise Residential' designation in the Official Plan to add a site-specific policy area and a Zoning By-law Amendment to change the zoning on 32 Windom from RES -4 to RES -5 and to add a site-specific to the lands are required. 0 Required amenity space calculations are contained in the Urban Design Manual and include two parts — one for a general amenity area and one for children's play facilities in multiple residential developments. (2m2 x #units) + (2.5m2 x #bedrooms - #units) = outdoor amenity space. The proposed amenity area does not meet the requirements of the urban design guidelines. You may consider removing the proposed unit A to provide sufficient space for the required amenity area. Please see the attached design sketch. Provide additional information regarding the construction of the proposed retaining wall and its heights. ACity for Everyone Working Together — Growing Thoughtfully — Building Community Ixse1of�. City of Kitchener Official Plan and Zone Change Comment Form • There are several existing trees proposed for removal. A Tree Management Plan shall be provided. Please be advised that written permission for the removal of or impact trees in joint ownership along property lines is required. 2. Comments on Submitted Documents • A 1.8 m high visual barrier should be noted on the plan when parking is adjace residential. • If there is any proposed retaining wall on the site, provide details, cross sectio selection. Retaining walls over 1.0m high require a guardrail at the top of the wa R. i%„ • The area between the buildings face and the property line should be well irate "Y,ated with the street o g/ and public realm to deliver high-quality, seamless private, semi- rivate and publicspaces • Any units with at -grade access should be provided with a minimum 1�1.q.rrfprivat(' patio %,. area. The entries to the site should be defined with plantings, and p,l"antmg de't'ails are to '�� be included. %o,, �o,, %�%i i„o Ibh oh,. • If there is any proposed retaining wall on the site, provide cleta`i1s. cro��s sections, and material selection. Retaining walls over 1.0m high require a guardra„ Lat/the'bp of the wall. • The main entrance into the building should be clearly distinguishable through its architectural design and treatment and should act as the focal point of the dwelling and be given appropriate design emphasis. %, • Minimize the visual impact of parking througf%the thoughtful placement, orientation, and articulation of built form. The five proposed visitor parking spaces along the south property line are i/ of highly recommended to be consolatedanto one • All visible elements of a building, including atilities (meters, conduits), HVAC (a/c units, vents) and OU/& . % %. loading/servicing areas,are tobe/.Integrated into the design of the building and shown on elevation drawings as part of the building/elevation approval process. Utility meters should be located within o,. of building niches or on in e n ,I end�,walls of townhouse blocks and screened. A City for Everyone Working Together — Growing Thoughtfully — Building Community PHage133 of 441 City of Kitchener Application Type Zoning By-law Amendment Application ZBAZ8/O37/VV/ES Official Plan Amendment Application OPAZB/O21/VV/ES Project Address 32-42Windom Road Comments of: Transportation Services Commenter'sname: Dave Seller Email: Phone: 519-741-22OOext. 7369 Date ofcomments: December19\2O23 a. As part of a complete Zoning By-law amendment application, a Transportation Impact (TIS) and Parking Study was submitted (October 2023) by Paradigm Transportation Solutions Limited in support of this OPA/ZBA applications. Transportation Services have reviewed the studies and offer the following comments. The applicant is proposing 58 stacked townhouse units with one full moves access along Windom Road. The development is estimated to generate 23 AM and 17 PM peak hour vehicle trips with a total of 47 parking spaces are being proposed for a parking ratio of 0.81 spaces per unit. Intersection analysis The intersection noted below was reviewed under existing 2023 traffic conditions and was expressed under the following intersection parameters: level of service (LOS), volume to capacity ratios (v/c) and 95t" percentile queues. The below intersection is operating within acceptable levels with no critical traffic movements in either the AM or PM peak hours. o Thaler Avenue at Windom Road - unsignalized The two intersections noted below were reviewed under future 2028 total traffic operations using the same intersection parameters above. The below intersections are operating within acceptable levels with no critical traffic movements in either the AM or PM peak hours. o Tha|erAvenueatVVindomRoad-unsiQna|ized • Windom Road at site access (NEW) - unsignalized Transportation Demand Management analysis The applicant intends to have parking unbundled and offered at a separate cost to leasing or owning a unit. This approach is more equitable and effective ostenants are not forced to pay for parking that they do not need. This development is well situated to take advantage of the existing alternative modes of transportation available in the area to reduce vehicle dependency. There are several Grand River Transit (GRT) routes within 300 m from this development. They include the following routes: 1, 23 Page 204 of 441 and 27. These routes offer connectivity to a broader transit network throughout the Region of Waterloo and within Kitchener itself. Walkability for pedestrians accessing the site and surrounding area can easily be achieved, as sidewalks are provided on both sides of roadways in the surrounding area. Class A secure bike parking has been accommodated for residents, as they will be able to store their bikes within their units or on their balconies. The applicant is also going to be providing six outdoor Class B parking spaces on-site. Parking supply analysis The analysis includes a review of proxy site locations within Kitchener, ITE Parking Demand 5th edition and the Transportation Tomorrow Survey (2016) - Area Specific Auto Ownership. The results of the parking demand analysis indicated a residential parking demand of 0.76 to 1.17 spaces per unit (44 to 68 spaces) and a visitor parking demand of 0.07 to 0.26 spaces per unit (4 to 15 spaces). Left turn lane analysis A left turn lane analysis was completed along Thaler Avenue at Windom Road, utilizing the Ministry of Transportation Design Supplement for the Transportation Association of Canada (TAC) Geometric Design Guide for Canadian Roads for the 2028 total future traffic conditions and it was determined that a left turn lane along Thaler Avenue is not warranted. Transportation Services supports Paradigms analysis. A left turn lane analysis was not completed along Windom Road at the site access given the nature of Windom Road being a cul-de-sac, left turns from Windom Road are not anticipated. Transportation Services supports Paradigms rationale. Conclusions Based on the TIS that was submitted, Transportation Services are of the opinion that this development will not negatively impact the study intersections noted above. As part of the parking demand analysis, Transportation Services can support the 47 parking spaces (0.81 spaces per unit) being proposed for the 58 residential units. However, Transportation Services question the allocation of 3 visitor parking spaces, as noted in Figure 3.1 Site Plan. Transportation Services will require that 6 visitor parking spaces are provided, this equates to three less parking spaces than the nine parking space requirement in 2019-051 zoning. The parking count of 47 spaces would remain the same, however, the allocation (41 residential + 6 visitor) of parking would be marginally different than proposed. Dave Seller, C. E.T. Traffic Planning Analyst Transportation Services I City of Kitchener 519-741-2200 ext. 7369 TTY 1-866-969-9994 1 dave.sellerCa)_kitchener.ca Page 205 of 441 Good Afternoon Eric, The Waterloo Catholic District School Board has reviewed the subject application and based on our development circulation criteria have the following comment(s)/condition(s): A) That any Education Development Charges shall be collected prior to the issuance of a building If you require any further information, please contact me by e-rnail at jorclan.Nea[��cdsbca. Thank you, Jordan Neale Planning Technician, VVCDSB 480Dutton Dr, Waterloo, [}NN2L4C6 519-57O-366Oext. 2355 Page 206 of 441 City of Kitchener Application Type: ZBA / OF! Comments Of: Development Engineering Conomente/aName: Eric Rick Email: Eric. hek@khzhener.cu Phone: 519-741-2200 ext. 7330 Date nfComment: El | plan to attend the meeting (questions/concerns/comments for discussion) ' I do NOT plan to attend the meeting (no concerns) ^' , ' 1. Site Specific Comments & Issues: ` � • Water distribution modelling is acceptable. • Sanitary sewer capacity analysis resulted in downstream capacity constraints. Engineering recommends a holding provision be applied to the lands until we have more information. ` 2. Plans, Studies and Reports to submit as part of a complete Planning Act Application: Zoning Bylaw Amendment: � For sites changing the Zoning For the OP4/Z8AaFunctional Servicing Report detailing outlets 10 the municipal sanitary and storm servicing system is required tothe satisfaction ofEngineering Services. Sanitary design sheets developing population based on zoning with peaked flows must be submitted to run the, sanitary capacity modeling. The City of Kitchener will use this information todetermine ifthere are any downstream issues. |fthe capacity analysis determines that the sanitary sewers will need to be upgraded to support the development, then these upgrades will 6erolled into the development costs. Further studies will berequired atthe time of development to determine the approximate length of sanitary sewers that will need to For sites requesting a specialregu|ation to the existing zoning that will significantly|ncrease floor space ratio (population). i.e. Zoning stays the same. For the OPA/ZBA a Functional /\ City for Everyone VVorkingTogether—GrowinQThouBhtfuUy—Bui|dinO[ommunity Page 207 of 441 Servicing Report detailing outlets to the municipal sanitary and storm servicing system is required to the satisfaction of Engineering Services. Sanitary sewer design sheets are to be provided. Please note that since zoned flows for this site are not reflective of the development application, the population in the sanitary sewer design sheets should be based off the Regions 2022 Water and Wastewater Monitoring Report. Section 2.4 — Development Data establishes a People Per Unit (PPU) based on Structure Type and assigns Apartments as having a PPU of 1.77. Please multiply 1.77 by the number of units in the building. Furthermore, the City's Average Daily Residential Sanitary Flow rate is 305L/day/cap and the City's Average per second, Residential Sanitary Flow rate is 0.0035L/sec/cap. The City of Kitchener will use,$ 1s nf0eftation to determine if there are any downstream issues. If the capacity analysis determines than"he o112, i,�//r. sanitary sewers will need to be upgraded to support the development, they. hese wpgrades will be rolled into the development costs. Further studies will be required at t�ie"tim:e ofl development to determine the approximate length of sanitary sew,ers.that � meed to be upgraded. Please be advised that the process Engineering is notirlabovg. is specific to this development. p ,%%,. "% • Stormwater Management may be addressed through th/bite PI, Approval process. ,,0 oo, • For the OPA/ZBA a Water Distribution Report is requiredto tti'e satisfaction of Engineering ,Akronf/ dim, Services in consultation with Kitchener Utilities,and-thelR.egign of Waterloo. �j///// O � A City for Everyone Working Together— Growing Thoughtfully — Building Community Page 208 of 441 From: EhcRiek Sent: Tuesday, January 23,2O24EL57AKJ To: 'Mark Hocu|ik'; 'Hasan Ahmad' Cc: 'Kevin K4oniz';'Stephen Lht';'david@upconsuhingze';Eric Schneider Subject: RE: OPA/ZBA 32-42 Windom Road Comments Good Morning, Following additional capacity analysis by the Sanitary and Storm Utility, they have confirmed that the existing infrastructure can accommodate the proposed development. I have cc'd Planning to remove the holding provision related to this application. Any questions, please advise. Eric Niek,[E][ Project Manager I Development Engineering I City of Kitchener From: Eric Riek Sent: Wednesday, January 1O 20241:02PK4 To:'K4arkHocu|ik'<mh@vivedeve|opment.ca>;'Hasan Ahmad'<hahmad@sbno|td.ca> Cc: Kevin Moniz<kevin@sbm|td.ca>;Stephen Litt <s|@vivedeve|opmenLoa>;david@upconsu|tin8za Subject: RE: OPA/ZBA 32-42 Windom Road Comments Hi Mark, I suspect the initial GIS check will occur within 1-2 weeks. If capacity issues are still evident, the subsequent City surveys would likely take 2-3 weeks at most. I will keep you posted with any new information that comes in for this project. Eric Riek,[.E][ Project Manager I Development Engineering I City of Kitchener From: Mark Hocu|ik Sent: Wednesday, January 10 20241I:59PM To: Eric Riek 'HasanAhmad' Cc: Kevin Muniz Stephen Litt Subject: RE: oPA/Z8A32-42Windom Road Comments You don't often get email from Thanks Eric, What is the expected timing on the verification of the GIS model.? I ask as we a progressing with the C)PA/ZBA and would like t0have this sorted ifitiendesktop correction. Mark Page 209 of 441 MARK HOCUUK| Director, Design &Planning v i v ViveDevelopment |vivedeve|opment.com From: Eric Niek Sent: Wednesday, January 1O,2O248/49AM To:'Hasan4hnnad' Cc: Mark Hocu|ik Kevin Moniz Subject: RE: CPA/ZBA 32-42 Windom Road Comments Good morning Hasan, | met with SSU yesterday afternoon to discuss the sanitary modelling results. As an inhje| step, the City isgoing toverify that our GIS data in the model is correct. We found some inconsistencies when comparing the model to the latest as - built information for Windom Road which was recently reconstructed. If that doesn't correct the issue, we have to survey downstream structures for top of grate elevation, confirm pipe sizes and inverts. The City will complete this step if necessary. Following these steps, if the sanitary model is still showing surcharging, we may require the developer to install a flow monitor in a downstream manhole for a specified duration (-3 months) so we can verify model results in real-time. I suspect this last step would show that the actual flow is less than the model is showing and we would allow the development to proceed. Worst case scenario, downstream upgrades would be required to support the Op4/ZBAat developer costs but we will verify at every step to ensure this isn't required. Any questions or concerns, please advise. Eric Riek, C.E.T. Project Manager I Development Engineering I City of Kitchener From: Hasan Ahmad Sent: Tuesday, January 9,2O241:32PK8 To: Eric Riek Cc KevnK4onizSubject: OPA/ZBA 32-42 Windom Road Comments You don't often get email from Hello Eric, Thank you for your call this morning, it was nice chatting with you. Please let us know the results of the discussion you have scheduled today at 3:00 pm with your modeling team concerning 32-42 Windom Road sanitary sewer capacity issues as our client has questions about the approval. Please let me know if you have any questions. Thank you and Regards, Hasan Ahmad, K8.Emg,P.Eng. Page 210 of 441 p:sz9-72s-8093x416 Page 211 of 441 Eric Schneider, MCIP, RPP Senior Planner City of Kitchener 200 King Street West, 6th Floor P.O. Box 1118, Kitchener, ON N2G 4G7 Dear Mr. Schneider, PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES Community Planning 150 Frederick Street 8th Floor Kitchener Ontario N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4466 wwwregionofwaterloo.ca Janine Fletcher 519-504-3573 File: D17-40/2/23021 C14-60/2/23037 December 21, 2023 Re: Regional Comments Re: OPA23/021 anr,. *AN 32-42 Windom Rd UP Consulting (C/O Dave Galbraith) on behalf of Jackman Property Holdings c/o Vive Development Corp. CITY OF KITCHENER UP Consulting has submitted a site-specific Official Plan Amendment and Zoning By- law Amendment Application for a development proposal at 32-42 Windom Rd (referred to as subject lands) in the City of Kitchener. Through the formal pre -submission consultation for the subject property, Regional staff reviewed and provided comments on a development proposal for a 5 -storey apartment building containing 74 residential units. Through the subject application, the Owner/Developer has now proposed 2 blocks of stacked townhouses at 3.5 -storeys in height with 58 residential units. The proposal includes 47 surface level parking spaces (0.81 spaces/unit). The subject lands are located in the Urban Area and designated 'Delineated Built -Up Area' on Map 2 of the Regional Official Plan. The site is designated Low Rise Residential in the City of Kitchener Official Plan, 32 Windom Rd is zoned RES -4 and 42 Windom Rd is zoned RES -5 in the City of Kitchener Zoning By-law. The applicant is proposing an Official Plan Amendment to add a site-specific policy to permit a maximum Floor Space Ratio (FSR) of 1.4 and a maximum building height of 15.1 metres. The applicant is proposing a Zoning By-law Amendment to rezoned 32 Windom Rd from Document Number: 4561383 Version: 1 Page 1 of 7 Page 212 of 441 RES -4 to RES -5 to be consistent with 42 Windom Rd and add a site-specific provision for both properties that allows for an increase in the FSR permitted from 0.6 to 1.4, increase in maximum building height from 11 m to 15.1 m, reduction in the minimum side yard setback from 3.Om to 2.5m, and a reduction in the minimum parking rate from 1.15 spaces per unit to 0.81 spaces per unit. Regional Comments Regional staff have reviewed the application for consistency with the Provincial Policy Statement, the Growth Plan for the Greater Golden Horseshoe (Growth Plan) as well as conformity with the Regional Official Plan (ROP) and offer the following comments: Community Planning Provincial Policy Statement The Provincial Policy Statement, 2020 (PPS) promotes building strong, heathy communities by encouraging the development of liveable 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 development opportunities to efficiently use under-utilized sites. The proposed amendments are consistent with the PPS. A Place to Grow: Growth Plan for the Greater Golden Horseshoe The Growth Plan for the Greater Golden Horseshoe (Growth Plan) prescribes minimum density targets for each municipality to achieve regarding residents and jobs per hectare. The proposed amendments will result in a greater residential density by allowing stacked townhouse development with greater height and FSR, which will contribute to the achievement of Growth Plan minimum intensification targets prescribed by the Growth Plan. The proposed application conforms to the Growth Plan for the Greater Golden Horseshoe. Regional Official Plan (ROP) and Regional Official Plan Amendment No. 6 (ROPA 6) As noted above, the subject lands are within the 'Delineated Built -Up Area' as illustrated on Map 2 in the ROP. On August 18th, 2022, the Regional Municipality of Waterloo adopted ROP Amendment number 6 (ROPA 6), which came into force and effect upon approval by the Minister of Municipal Affairs and Housing on April 11, 2023. 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. ROPA 6 sets out density and intensification targets as the Region grows to 923,000 residents and 470,000 jobs by 2051. Section 2.F sets out minimum annual intensification targets for each area municipality with the intensification target for the City of Kitchener being a minimum of 60% of growth to occur within the Delineated Built Up Area and a minimum of 31,660 total new units between 2022 and 2051. Document Number: 4561383 Version: 1 Page 2 of 7 Page 213 of 441 The proposed development will contribute to the achievement of the minimum intensification targets by adding 58 dwelling units within the built-up area. Planning Justification Report entitled, "Planning Justification Report & Urban Design Report 1 32-42 Windom Road, Kitchener' prepared by Up Consulting Ltd. and dated October 2023 notes that the proposed amendment will provide a form of 'missing middle' housing and provide gentle density that is compatible with the surrounding neighbourhood, both of which are objectives identified in ROPA 6. The proposed zoning by-law amendment would permit 58 residential stacked townhouse units with a variety of unit sizes including 1-, 2-, 3-, and 4 -bedroom units contributing to an overall range and mix of housing types. The development contributes to the goal of 15 -minute neighbourhoods as the development provides for intensification in a neighbourhood with access to school and institution uses, trail and park amenities and commercial uses which can easily be reached in less than 15 -minutes via walking, cycling, or rolling. Hydrogeology and Water Programs: Regional staff require that the developer complete a Salt Management Plan to the satisfaction of the Region at Site Plan Control. Furthermore, in accordance with our Council endorsed position on geothermal energy, vertical closed-loop geothermal is prohibited at this location. HWP staff request that a prohibition on vertical closed-loop geothermal energy systems be written in the Zoning By-law for the subject property. Vertical open -loop geothermal may be permitted subject to the satisfactory completion of a hydrogeological study to assess risk to nearby municipal drinking water supply wells. If a hydrogeological study is not submitted, HWP requests that a prohibition on vertical geothermal energy systems be written in the Zoning By-law for the subject property. Shallow horizontal closed-loop geothermal design is permitted at this location. The required wording for the prohibition should a hydrogeology study not be submitted is: "Geothermal Wells are prohibited on site. A geothermal well is defined as a vertical well, borehole or pipe installation used for geothermal systems, ground -source heat pump systems, geo-exchange systems or earth energy systems for heating or cooling; including open -loop and closed-loop vertical borehole systems. A geothermal well does not include a horizontal system where construction or excavation occurs to depths less than five meters unless the protective geologic layers overlaying a vulnerable aquifer have been removed through construction or excavation." Corridor Planning: Environmental and Transportation Noise: It is the responsibility of the applicant to ensure the proposed development is not impacted by anticipated transportation noise. Therefore an environmental noise study for the proposed development will be required or in lieu of completing a study, the owner/developer may enter into a registered development agreement with the Region of Waterloo and ensure that all dwelling units be constructed with a forced air heating/cooling system that permits the future installation of air conditioning units. Document Number: 4561383 Version: 1 Page 3 of 7 Page 214 of 441 The agreement with the Region of Waterloo would include the following noise warning clauses be included in agreements of Offers of Purchase and Sale, lease/rental agreements and condominium declarations (if applicable) for all dwelling units: Type A: Purchasers/tenants are advised that sound levels due to increasing road traffic on Fairway Road North (RR #53) 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. Type C: 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. Stationary Noise: As indicated above, there are existing rooftop AC units near the subject lands that may be source of potential stationary noise for the proposed development; therefore, the Region shall require the following noise warning -clause to be implemented through a registered development agreement at a future consent or condominium application: "Purchasers/tenants are advised that due to the proximity of the adjacent facilities, noise from these facilities may at times be audible. " Housing Services The following Regional policies and initiatives support the development and maintenance of affordable housing: • Regional Strategic Plan o Strategic Priority 1 is "Homes for All" in the 2023-2027 Strategic Plan. • 10 -Year Housing and Homelessness Plan o contains an affordable housing target which is that 30% of all new residential development between 2019 and 2041 in Waterloo Region is to be affordable to low and moderate income households. • Building Better Futures Framework o shows how the Region plans to create 2,500 units of housing affordable to people with low to moderate incomes by 2025. • Region of Waterloo Official Plan o Section 3.A (Range and Mix of Housing) contains land use policies that ensure the provision of a full and diverse range and mix of permanent housing that is safe, affordable, of adequate size, and meets the accessibility requirements of all residents. Document Number: 4561383 Version: 1 Page 4 of 7 Page 215 of 441 The Region supports the provision of a full range of housing options, including affordable housing. Should this development application move forward, staff recommend that the applicant consider providing a number of affordable housing units on the site, as defined in the Regional Official Plan. Rent levels and house prices that are considered affordable according to the Regional Official Plan are provided below in the section on affordability. In order for affordable housing to fulfill its purpose of being affordable to those who require rents or purchase prices lower than the regular market provides, a mechanism should be in place to ensure the units remain affordable and establish income levels of the households who can rent or own the homes. Staff further recommend meeting with Housing Services to discuss the proposal in more detail and to explore opportunities for partnerships or programs and mechanisms to support a defined level of affordability. Affordability For the purposes of evaluating the affordability of an ownership unit, based on the definition in the Regional Official Plan, the purchase price is compared to the least expensive of:. Housing for which the purchase price results in annual accommodation costs which do not exceed 30 percent of gross $418,100 annual household income for low and moderate income households Housing for which the purchase price is at least 10 percent below the average $679,300 purchase price of a resale unit in the regional market area Based on the most recent information available from the PPS Housing Tables (2022). In order for an owned unit to be deemed affordable, the maximum affordable house price is $418,100. For the purposes of evaluating the affordability of a rental unit, based on the definition of affordable housing in the Regional Official Plan, the average rent is compared to the least expensive of: A unit for which the rent does not exceed 30 per cent of the gross annual $1,960 household income for low and moderate income renter households Document Number: 4561383 Version: 1 Page 5 of 7 Page 216 of 441 A unit for which the rent is at or below the Bachelor: $1,075 average market rent (AMR) in the 1 -Bedroom: $1,245 regional market area 2 -Bedroom: $1,469 3 -Bedroom: $1,631 4+ Bedroom: n/a `Based on the most recent information available from the PPS Housing Tables (2022) In order for a rental unit to be deemed affordable, the average rent for the proposed units must be at or below the average market rent in the regional market area as shown above. Archaeological and Cultural Heritage (advisory comments) The Region does not require the submission of an archaeological assessment since there is some disturbance on both properties and both were developed between 1900-1960, however, the applicant should be made aware that: If archaeological resources are discovered during future development or site alteration of the subject property, the applicant will need to immediately cease alteration/development and contact the Ministry of Citizenship and Multiculturalism. If it is determined that additional investigation and reporting of the archaeological resources is needed, a licensed archaeologist will be required to conduct this field work in compliance with S. 48(a) of the Ontario Heritage Act; 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. Fees: Regional staff acknowledge receipt of the Official Plan Amendment review fee ($7000) and Zoning By-law Amendment review fee ($3000), payment was received on December 11, 2023. Conclusions: Regional staff have no objections to the proposed Official Plan Amendment and Zoning By-law Amendment provided the following is implemented within the site-specific Zoning By-law Amendment to the satisfaction of the Regional Municipality of Waterloo: 1. That a prohibition on geothermal energy to be written into the zoning by-law. The required wording for the prohibition is: Geothermal Wells are prohibited on site. A geothermal well is defined as a vertical well, borehole or pipe installation used for geothermal systems, ground - source heat pump systems, geo-exchange systems or earth energy systems for heating or cooling, including open -loop and closed-loop vertical borehole systems. A geothermal well does not include a horizontal system where Document Number: 4561383 Version: 1 Page 6 of 7 Page 217 of 441 construction or excavation occurs to depths less than five meters unless the protective geologic layers overlaying a vulnerable aquifer have been removed through construction or excavation. Next Steps Any issuance of a building permit for future development on this property will be subject to provisions of Regional Development Charge By-law 19-037 or any successor thereof. Please accept this letter as the Region of Waterloo's request for a copy of the staff report, decision and minutes pertaining the above -noted application. Should you have any questions, please do not hesitate to contact the undersigned. Yours truly, Janine Fletcher, BES Senior Planner CC. Up Consulting Ltd. (C/O Dave Galbraith), Jackman Property Holdings (C/O Stephen Litt) Document Number: 4561383 Version: 1 Page 7 of 7 Page 218 of 441 via email December 5.2O33 Eric Schneider Senior Planner City of Kitchener File No.: OR423/01/W/ES Municipality: Kitchener Location: 32-42Windom Road Oxvner/App|icantJackman Property Holdings Dear Eric, The Waterloo Region District School Board (WRDSB)has reviewed the above -noted application that proposes the development of two 3.5 -storey stacked townhouse buildings with 58 dwelling units. The VVRDS8 offers the following comments, Student Accommodation At this time, the subject lands are within the boundaries of the following WRDSB schools: w Howard Robertson Public School (Junior Kindergarten toGrade 6); • Sunnyside Public School (Grade 7toGrade 8);and • Eastwood Collegiate Institute (Grade 9 to Grade 12). The provides information on student enrolment and accommodation atthese schools. Student Transportation The WRIDSB supports active transportation, and pedestrian safety and connectivity should be considered insite design and through the construction process. Please be advised that Student Transportation Services of Waterloo Region (STSWR)s school buses Waterloo Region District School Board Kitchener ON, N2C 2R5 T: 519 570-0003 Page 219 of 441 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. the Windom Road turning circle. This connection is not winter maintained by the WRDSB. Education Development Charges Development onthe subject lands iasubject tothe VVRDSB'a Education Development Charges By-law. 2021, as amended or any successor thereof and may require the payment of Education Development Charges for these developments before issuance ofobuilding permit. The WRDSBnequests tobecirculated cmany subsequent submissions onthe subject lands and reserves the right iocomment further on this application. If You have any questions about the comments provided, don't hesitate to contact the undersigned. Sincerely, EmilyBumboco Senior Planner Page 220 of 441 Please see below a response to the inquiry you submitted on November 22, 2023. Hi Eric, MTO previously indicated that there are no concerns with the proposed. MTO input is not required. Thank you for circulating MTO, Jeremiah Johnston If you have any questions, please contact: Jeremiah Johnston Phone: 226-980-6407 Email: Jeremiah.Johnston@ontario.ca Ministry ofTransportation Highway Corridor Management Section - London Office 659 Exeter Rd London, ON NGE1L3 Please retain this email for your records. Thank You, Highway Corridor Management Ministry of Transportation of Ontario Page 221 of 441 From: DebbieEvarr Sent Wednesday, December 20, 2025 8:26 AM To: Eric Schneider Subject: Re: proposed development at 32-42 Windom Road You don't often get email hnrr ;arniiiiii why this is i�mportant It looks to me like the nnop was created before the reconstruction. |tshows Windom Road J||Ovvs parking on the whole street, which isnolonger true, and SOUthi||allows parking ononly one side ofthe street now, and no parking on the other side. However, it r8g||y doesn't matter if the principal circulates the map Or not. People are lazy and will dOwhatever ismost convenient for them. Thanks for following up, though. From: Eric Schneider <Ehc.Srhneider@kitchenecca> Sent: December 19,2O23 5:04 PM To: 'Debbie Evans' Subject: RE: proposed development at 32-42 Windom Road Hello, Yes after the meeting I followed up with the school board. There is no student drop off area on site at Howard Robertson. Instead, they have a map that shows drop off locations with a 3-5 minute walk tothe school in order to optimize drop off. I have attached it here. Windom is not one of the drop off locations. They said they will circulate it again tmthe Principal so that it isshared with parents and reiterated. |doappreciate your comments and concerns about the increase in traffic and issues that could arise from construction traffic. In terms of parking, yes I have heard from the neighbourhood about the amount and will pass that along to the applicant. Eric Schneider, iUCJ/, RPP Senior Planner | Planning Division | Cityo[Kitc6cuor (519)74l'2200ext 7O43 | TTY 1-866'969'9994| From: Debbie Evans Sent: Tuesday, December 19,20233:50PIVI To: Eric Schneider <Eric.Schneider@kitchener.ca> Subject: Re: proposed development at32-42Windom Road Page 222 of 441 You don't often get email frorr Learn why tt)�is is IMportant Hi Eric, I just wanted to pass this along, since I was typing these comments during the meeting and the meeting moved on before I submitted it, so I wanted to make sure you saw this. When vvewere talking about parking, someone inthe meeting dismissed the comments about school drop off, saying people should beusingth2VffCia|schoo|dn}pOffandnotihe"un-oMiCi8|dropoff"DnVVindOrnRoad. There isnVdrop off area atthe school 81all. The school parking lot iSbarricaded and posted oS"no student drop 0ff',and often has aperson posted atthe entrance ensuring that. The Community Centre also has asign also saying noschool drop off, and Morgan Ave infront ofthe school isposted 8s"no Stopping",tOallow school buses tostop. When the developers did their traffic study, itmust not have been on8school day between the hours Df8:3Oarnand 9:0Oarnorbetween 2:3Opnnand 3:30 pm. The entire street islined with parked cars onboth sides, including around the bulb atthe end ofthe street, regardless ofnoparking signs and fire hydrants. We regularly have people block our driveway, or even park in our driveway, and leave their cars to walk over to the school to get their children. If you question them about it they say "its ok - I'll only be gone[Orefevvrninute6".|iisnotok.|haverepodedthi6toCityVfKitcheD8[bylaVY,GDdtheyCoDl8theDeXt day and talk to people - sometimes the people argue back, and soon as bylaw leaves the street fills up again. This is going to be an even bigger mess when the street is full of construction workers and equipment. We sometimes have to retract our mirrors to get up the street during these times, so I can't imagine how a dump truck or construction equipment will get up the street between the parked cars. Furthermore, the second entrance to the 3ChOO| yard off SOUthi|i which was maintained until last year, is now posted Js"No Winter Maintenance Sidewalk Closed",discouraging people from parking onSoUthil|tOdrop off their children during the winter. It sounded like a lot of residents at the meeting were concerned about parking. They are valid concerns. From: Eric Schneider Sent: December 6,2O2]5/|1PM To:'DebWeEvons'^ ' Cc: RoyGutennuth' ` Subject: RE: proposed development at 32-42 Windom Road Hello, thank you for providing comments on this development application. I appreciate your comments in respect to the parking and traffic concerns on Windom Road. I understand that this road was reconstructed recently to add sidewalks and the road has been narrowed. We will consider your comments in the feedback we provide back to the applicant. I hope that you are also able to attend the Neighbourhood Meeting scheduled for next week on Tuesday, as the applicant will beinattendance and could hear your perspective first hand. Let me know if you would like to discuss these topics over the phone prior to the Neighbourhood Meeting. Regards, Eric Schneicler, MCIP, RPP Senior Planner aozo | P| � Div�kvz | City [Kdz|eocc . u� .1o (Sl9)741-2200ext. 7843 1 lTY1-866-969-9994 1 Page 223 of 441 From: Debbie Evans Sent: Friday, December 1,2O233:33PK4 To: Eric Schneider Cc: Debbie Evans ^; RoyGutennuth Subject: proposed development at3)-43Windom Road Hi, I have a few questions and comments about this development. Is this development proposed to be rental or condo? The original 42 Windom Road proposal was for Condominium, the revised proposal was for rental apartments. This new proposal doesn't specify, asfar asI've been able iofind. It is a shame that every tree is being removed and there will be essentially no space on the property to plant anything. The description of this building reflecting the character of the 3tn22t is nonsense. 15 Meter high buildings are huge compared to anything else on the street. An 8 foot tall fence, 2.5 meters away from the building doesn't block anything to the neighbouring properties, so calling that a "buffer" is ridiculous. As with the previous proposals for 42 Windom Road, I have concerns with the lack of parking for residents. We have more than enough problems with people parking on the street now, never mind if there are literally hundreds more people living onthe street, many O[whom will not have oparking space for themselves, never mind for any visitors they might have. Picture holiday tinne-58units, 44residents who have parking spaces. 14units with nOparking space 8tall, and space for 3visitors. How does that work? We have only about 10 legal parking spaces on the street - several of which front on these properties. Dump trucks and equipment will not he able tVgOdown the street a1all ifcars are parked onboth sides ofthe ' street. Recently, we've seen an ambulance that was unable togO down the street because cars were perked onboth sides. Where are construction workers and equipment to park while construction is happening? Large equipment also has difficulty getting around the circle, because it i3sOsmall. We've seen 5Ch0O| buses, garbage trucks, delivery trucks and landscape vehicles with trailers unable to negotiate the cul-de-sac and in some cases damaging the curbs and plants inthe circle. Where issnow storage going tobe? |tappears that there iSnOspace left onthe property topile itup, unless that i3what the "arn8nity"space isfor. | realize that there iSlittle point incommenting about any ofthis. The development will be approved because it checks all the boxes regarding intensification, being near transit, affordable housing, etc. Is there 8 point at which the city would decide there are too many housing units on this street? My other concern is that there are three similar sized lots on the Other Side of Windom Road. Two of these are nvvn2d by elderly people who in all likelihood will sell their homes in the not too distant future. The third large lot is owned by me. If those two lots were developed, similar tOthis proposed development, | would certainly not want to be next to it. If 3 the three lots including mine were developed, they could probably put 70 or 80 units on them. How many housing units is too many on this small street? Page 225 of 441 From: Klein, Ron _ Sent: Saturday, December 16 2023 6:56 AM To: Eric Schneider Subject: Windom roafd You don't often get email fron H8KOEric' My name is Ron Klein, I am a longtime single detached homeowner of 51 Windom Road. This is in regards to the proposed development at 32-42 Windom Road. UnfortunateLy, I was unable to attend the ZODDl meeting on December 12t' at 7:00 PM. Are these recorded for public viewing? and if so, could you please send me the tink? (Thanks). As most single detached home owners, I do have some concerns about the D[ODOSHd 58-UOi[townhouse Gt32-42Windom. |[e@Uzethat all ieVeiS0fgovernment are pushing for more and affordabte housingwithin existing residential streets. This deveLopment wilt more than doubLe the current units DDthe entire street. I know Ihave expressed Dlyapprehension about parking iDthe past but I do need to reiterate my concerns about parking. Out of 58 townhouse units, there is almost guaranteed to have a few with mutti-vehicLe families. This 58 -unit devetopment only has a totat of 47 parking spaces (which obviously isless than the 1.5per unit V8U8ik/[eqUi[ed\.|tiGless then 1space per unit. It is proposing that D units wilt not have 8 vehicle and not 1 f8n0ik/VViK have 2V8hiCieSwith Zero spaces for visitors. The road has less than a dozen visitor spaces and I am greatly concerned that this development witl. enguLf al.l. the spaces and effect my ability to have visitors. I woutd like to see more @VGii@bie parking within this development. Pie8S8 bring Dlyconcerns forward! | [e3ik/appreciate your time towards this matter. The content of this email message including any attachments is the confidential property of St. Mary's General Hospital and is intended for use by the individual or institution to which it is addressed. This email message including any attachments may not be copied, modified, retransmitted, or used for any purpose except by the intended recipient with his/her organization. If you are not the intended recipient, please delete all copies and notify us immediately. Page 226 of 441 From: DonieUeKraftchick _ Sent: Monday, December 11,2O23 10:46 PIM To: Eric Schneider; Dave 5chnider Subject: Re: 32-42Windom Road Attachments: Screens hoL2O231211-Z217O9-2.png Some people who received this message don't often get email from daniekraft@gmail.com, | apologize that mycomputer sent myemail prematurely aothe battery died. I want to submit some comments/concerns about the planned development for Windom Rd. First off, | know vveare in desperate need for housing, more so affordable housing. I am not opposed to the plan of stacked townhomes or more housing. The previous proposed development for one ofthe properties, was for single bedroom orbachelor units, and that development was short parking spaces. Nothing transpired. Since that proposed development, the street has been redone, street narrowing, sidewalks added to each side and no on street parking. Thaler Ave was also redone, again, reducing the width, and reducing street parking toone side. This new proposed development isshort bv2Oparking spaces. The traffic assessment submitted for this development I have concerns about. The traffic assessment is not taking into consideration that Windom Road, Thaler Ave (and Fairway) and Southill Rd (and Morgan) are frequent traffic jams a1before and after school. Currently the townhomes at 280 Thaler Ave and 20 Windom Road frequently use the street parking orillegally park on Windom. This parking isdifficult when school parents are also dropping their kids off onWindom, Thaler and Southi||. More and more parents drive their kids to school, because there is no safe way to cross Fairway to get their children to school. The only crosswalks are at River Rd&Fairway Rd and Morgan Ave& Fairway Rd. Please ask and consider the amount ofparking/stopped tickets for Windom Road, asbylaw frequents that area. You will see that being short parking spots is a risk of adding illegal parking to an already problem street. | appreciate that that traffic assessment also compares to another complex on Morrison Rd. However, that area is not the same and not within steps ofaschool yard. Also the traffic assessment was done in September, when school just started. The amount of parents driving their kids to school only increases after September and into the cold months. ]Also, | keep raising these concerns about the traffic on Thaler Ave turning on to Fairway, the intersection is impossible and unsafe. kiaalso horrible tocross onfoot toget 10the bus stops onFairway Road. |fhousing isbeing increased in the area, there should be a crosswalk oran island for pedestrians tocross. | know that Fairway is a regional road. But the reconstruction of Fairway Road has been delayed and is now not on the radar for the Region. If there is more development to this area, the people that are expected to live there without vehicles and use public transportation or trails need to he able to access those safely. I have attached the Collision Summary from 2006-2010 that was in the Regional Council minutes, where they recommend anisland for Fairway Road. The traffic has only increased with the development ofChicopee and completion of Fairway to Kossuth. Thank you Danielle Kraftchick Page 227 of 441 Sustainable thinking... please consider the environment before printing this email. On Mon, Dec 11, 2023 at 9:46 PM Danielle Kraftchick Hello I want to submit some comments/concerns about the planned development for Windom Rd. First off, I know we are in desperate need for housing, more so affordable housing. I am not opposed to the plan of stacked townhomes or more housing. The previous proposed development for one of the properties, was for single bedroom or bachelor units, and that development was short parking spaces. Nothing transpired. Since that proposed development, the street has been redone, the width is smaller, sidewalks added to each side and no street parking. Thaler Ave was also redone, again, reducing the width, and reducing street parking to one side. This new proposed development is short by 20 parking spaces. The traffic assessment submitted for this development I have concerns about. The traffic assessment is not taking into consideration that Windom Road, Thaler Ave (and Fairway) and Southill Rd (and Morgan) are frequent traffic jams at before and after school. As it stands now, the townhomes on Thaler Ave Danielle Kraftchick Page 228 of 441 C/) U U) Q C/) ) W C/) Q ~ J W m W cr) CD wz� z c:� O w N i= LU � Q E Q Q E E LO LO LO cc T E Q W � E E CD w CD E c W Q O O J Q z O O O O � E C'/) o E E ��n T cO I`Lo T V J Co CD LO CC m M ti Lo I:*- O M T � Q E Q Q E E LO LO LO cc T E Q W � Q CD w CD E c W Q O O J Q z O O O O O Staff Report Development Services Department www.kitchener.ca REPORT TO: Planning and Strategic Initiatives Committee DATE OF MEETING: February26, 2024 SUBMITTED BY: Garett Stevenson, Director of Development and Housing Approvals, 519-741-2200 ext. 7070 PREPARED BY: Craig Dumart, Senior Planner, 519-741-2200 ext. 7073 WARD(S) INVOLVED: Ward 5 DATE OF REPORT REPORT NO.: January 29, 2024 DSD -2024-060 SUBJECT: Official Plan Amendment Application OPA22/012/H/CD Zoning By-law Amendment Application ZBA22/019/H/CD Address: 490 Huron Road Owner: 2517293 Ontario Inc. RECOMMENDATION: That Official Plan Amendment Application OPA/22/012/H/CD for 2517293 Ontario Inc. requesting to amend the text of Site -Specific Policy 15.D.12.40 to increase the maximum permitted height to 24 storeys on the lands specified and illustrated on Schedule `A', be adopted, in the form shown in the Official Plan Amendment attached to Report DSD -2024-060 as Attachment `A', and accordingly forwarded to the Region of Waterloo for approval; and That Zoning By-law Amendment Application ZBA22/019/H/CD for 2517293 Ontario Inc. be approved in the form shown in the `Proposed By-law', and `Map No. 1', attached to Report DSD -2023-299 as Attachment `B'. REPORT HIGHLIGHTS: The purpose of this report is to evaluate and provide a planning recommendation regarding the Official Plan Amendment and Zoning By-law Amendment Applications for the property located at 490 Huron Road. It is Planninq staffs recommendation that the Official Plan and Zoning By-law Amendment Applications be approved. Community engagement included: o circulation of a preliminary notice letter to property owners and residents within 240 metres of the subject site; o installation of two large billboards notice sign on the property (one facing each street); o follow up one-on-one correspondence with members of the public; o Neighbourhood Meeting held on December 6, 2023; *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 230 of 441 o postcard advising of the statutory public meeting was circulated to all residents and property owners within 240 metres of the subject site and those who responded to the preliminary circulation; o notice of the public meeting was published in The Record on February 2, 2024. • This report supports the delivery of core services • These applications were deemed complete on August 15, 2022. The Applicant can appeal these applications for non -decision at any time. EXECUTIVE SUMMARY: Planning staff is recommending approval of the requested Official Plan Amendment Application to amend Site -Specific Policy 15.D.12.40 to increase the maximum permitted height to 24 storeys for the lands designated `Mixed Use' at the southwesterly corner of Huron Road and Strasburg Road. Planning Staff is recommending approval of the requested Zoning By-law Amendment Application to amend Site Specific Provision (120) to allow for an increased maximum building height of 24 storeys and 80 metres; to regulate the location of parking; and to require no minimum Ground Floor Street Line Fagade for a building abutting a Street Line; and to apply a Holding Provision (82H) to require an updated Noise Study prior to final site plan approval. Staff recommends that the applications be approved. BACKGROUND: The Owner, 2517293 Ontario Inc., has made applications to the City of Kitchener for an Official Plan Amendment and a Zoning By-law Amendment proposing to amend a site- specific policy and zoning regulations on the subject lands at 490 Huron Road to permit the lands to be developed with a mixed use development consisting of four (4) multiple dwelling buildings ranging in height from 12-24 storeys and future commercial buildings. A separate amenity building along with future commercial uses will be located along the Huron Road frontage. Significant landscaping is proposed along Huron and Strasburg frontages and the proposed development will include a combination of surface, underground and structured parking. The lands are located within a `Community Node' (Map 2 - City of Kitchener Official Plan) and the subject lands have multiple land use designations. 490 Huron Road is designated `Commercial' along Huron Road, `Natural Heritage Conversation' to southwest and designated `Mixed Use' (Map 3 - City of Kitchener Official Plan) along the rear of the property as well as the portion of the property that has frontage along Strasburg Road. No amendments are proposed to the `Commercial' or `Natural Heritage Conservation' designated lands. The subject lands are within Zoning By-law 2019-051 and split zoned `General Commercial Zone (COM -2) with Site Specific Provision (119)', `Mixed Use Three Zone (MIX -3) with Site Specific Provision (120)' and `Natural Conservation Zone (NHC-1)'. The lands zoned `COM -2 with Site Specific Provision (119)' allows for a wide range of commercial uses and Site Specific Provision prohibits residential uses on the COM -2 portion of the lands and allows off-street parking, vehicular access, pedestrian access, amenity space and other uses associated with or accessory to permitted uses located on adjacent lands zoned `MIX -3' to be located on the `COM -2' portion of that lands at 490 Huron Road. Page 231 of 441 The proposed development of four (4) high rise residential towers are located fully within the portion of the subject lands zoned `MIX -3 (120)'. The `MIX -3' zone together with Site Specific Provision (120) allows for a range of commercial uses along with residential uses. Site Specific Provision (120) does not require any commercial uses within the MIX -3 zone portion of the lands and permits multiple residential developments in a free-standing building with a Floor Space Ratio of 2.0 and maximum building height of 32 metres and 10 storeys. A 4.5 metre ground floor height for any buildings within 25 metres of the Strasburg Road Street Line is also required by Site Specific Provision (120). No amendments are proposed to the `COM -2' and `NHC-1' portions of the site and no development is proposed within the `NHC-1' portion of the property. The existing and proposed zoning will allow for the entirety of the lands at 490 Huron Road to be developed as a future mixed use development with residential uses situated away from employment/industrial uses located across the road on Huron Road and appropriately buffered with parking, amenity areas, and commercial spaces. Figure 1: Existing Zoning Framework Site Context The subject lands are addressed as 490 Huron Road and are situated within a `Community Node'. The subject lands include 3.41 hectares (8.43 acres) of vacant land and have frontage on Huron Road and Strasburg Road. Employment uses are located directly to the north of the subject lands (on the north side of Huron Road and the west Page 232 of 441 side of Strasburg Road). A vacant parcel proposed to be developed for mixed-use is also located on the north side of Huron Road. An existing secondary school (Huron Heights Secondary School) is located at the northeast corner of Huron and Strasburg Road. To the east of the subject lands along the east side of Strasburg Road is a vacant parcel that is planned to accommodate commercial and/or mixed use development. An existing residential subdivision is also located east of the subject lands. Directly to the south of the subject lands is an existing religious institution. Environmental features, including a large woodlot, are also located to the south (primarily east of Strasburg Road). Existing residential development is also located south and southwest of the subject lands. Natural heritage features, including valley lands associated with Strasburg Creek are located immediately to the west of the site. The site is well buffered from existing low rise residential uses and does not currently contain any buildings. Figure 2 — Location Map: 490 Huron Road REPORT: The applicant is proposing to develop the subject lands with a mixed-use development consisting of four (4) multiple dwelling buildings ranging in height from 12-24 storeys. A separate amenity building along with future commercial uses will be located along the Huron Road frontage. Significant landscaping is proposed along Huron and Strasburg Road frontages and the proposed mixed-use development will include a combination of surface, underground and structured parking. Page 233 of 441 Building 1 (shown in Figure 3) is 12 storeys in height and is located along the western portion of the site (closest to Huron Road). Building 1 is connected to Building 2 (shown on Figure 3) by a 2 storey parking structure. Buildings 2 and 3 (shown on Figure 3) are 24 storeys and 20 storeys in height and are located in the central portion of the site while Building 4 (shown on Figure 3) is 12 storeys in height and is located along the eastern portion of the site (closest to Strasburg Road). Buildings 3 and 4 are connected by a 2 storey parking structure. A 2 -storey Amenity Building is proposed along the northern portion of the site, along with future commercial buildings/uses fronting Huron Road. Vehicular access to the site is proposed via a private driveway connecting from Huron Road and Strasburg Road and running through the centre of the site. An Outdoor Amenity Area is proposed to the immediate west of the 2 -storey Amenity Building, and a landscaped area is proposed for the northeastern corner of the site. Various surface parking areas are also proposed throughout the centre of the site. Table 1 below highlights the development concept statistics while Figures 3 and 4 show the proposed development concept site plan and building elevations of the development proposal. Table 1. Proposed Development Concent Statistics Page 234 of 441 Development Concept Number of Units 760 residential dwelling units, future commercial uses located along Huron Road Parking Spaces 850 parking spaces Building Heights 12- 24 storeys Class A (indoor secured) Bicycle Parking 0.5 per unit (380) Class B (outdoor visitor) Bicycle Parking 6 Electric Vehicle Ready Parking Stalls 152 Floor Space Ratio 14 Page 234 of 441 nwn�umvvum WEI'WYb WrIIY ---- 'sf'Y'dMnfflOM vefYL9NG UYSi'f ......-.-.". lR%N.LYXIfi4NNi"J:AIYVVP5Lt1YUWb(t%ry lNb9f ---- YA & OAN'r.WffiNrP§EO Yp 0Ua4,f . -iTNPz:k fRGM ffS1eYNW BUUNUFJ{Y tienuK iwy. s'aia' r�Aya� .. EL)MINARY SITE DATA ___. _______ .__. ____ Figure 3 — Development Concept Site Plan v re na e as w� REsiDewriau���ba �3\ �p� � EVRUCvuNEDPflPoWI@dG z�arecnerx,w.ar rr s�nxfnn+@d* u.u. e , l 1 - LANDSCAPED/ AREA �i 8� M , est/�i// Xr To facilitate the development of the subject lands with the proposed development concept, an Official Plan Amendment and a Zoning By-law Amendment are required to amend the land use policies and zoning regulations of the subject lands as the existing Official Plan policies permit a maximum building height of 15 storeys and the zoning permits a maximum building height of 10 storeys or 32 metres with a maximum floor space ratio of 4.0. The lands are located within a `Community Node' (Map 2 - City of Kitchener Official Plan) and the subject lands have multiple land use designations. 490 Huron Road is designated `Commercial' along Huron Road, `Natural Heritage Conversation' to Southwest and designated `Mixed Use' (Map 3 - City of Kitchener Official Plan) along the rear of the property as well as the portion of the property that has frontage along Strasburg Road. The entire property is also located within Site -Specific Policy Area No. 40 (Map 5 - City of Kitchener Official Plan). The subject lands are within Zoning By-law 2019-051 and split zoned `General Commercial Zone (COM -2) with Site Specific Provision (119)', `Mixed Use Three Zone (MIX -3) with Site Specific Provision (120)' and `Natural Conservation Zone (NHC-1)'. The owner is proposing to amend Site -Specific Policy 15.D.12.40 in the City of Kitchener's Official Plan to increase the maximum permitted height to 24 storeys or 80 metres for the lands designated `Mixed Use' at the southwesterly corner of Huron Road and Strasburg Road and requesting a Zoning By-law Amendment Application to amend Site Specific Provision (120) to allow for an increased maximum building height of 24 storeys and 80 metres; to regulate the location of parking; and to require no minimum Ground Floor Street Line Fagade for a building abutting a Street Line. Page 235 of 441 b HURON RD are cecf -------------------------------------------------- m p. LANDSCAPED ,f l ! nWwea s d' z � N ,{' lJ 3 RE6VOEN�iAL RLDC � R F k ru VAUCTUAED PAAKIN / a ntontra LTi ruaruern nwaa�4 ium tienuK iwy. s'aia' r�Aya� .. EL)MINARY SITE DATA ___. _______ .__. ____ Figure 3 — Development Concept Site Plan v re na e as w� REsiDewriau���ba �3\ �p� � EVRUCvuNEDPflPoWI@dG z�arecnerx,w.ar rr s�nxfnn+@d* u.u. e , l 1 - LANDSCAPED/ AREA �i 8� M , est/�i// Xr To facilitate the development of the subject lands with the proposed development concept, an Official Plan Amendment and a Zoning By-law Amendment are required to amend the land use policies and zoning regulations of the subject lands as the existing Official Plan policies permit a maximum building height of 15 storeys and the zoning permits a maximum building height of 10 storeys or 32 metres with a maximum floor space ratio of 4.0. The lands are located within a `Community Node' (Map 2 - City of Kitchener Official Plan) and the subject lands have multiple land use designations. 490 Huron Road is designated `Commercial' along Huron Road, `Natural Heritage Conversation' to Southwest and designated `Mixed Use' (Map 3 - City of Kitchener Official Plan) along the rear of the property as well as the portion of the property that has frontage along Strasburg Road. The entire property is also located within Site -Specific Policy Area No. 40 (Map 5 - City of Kitchener Official Plan). The subject lands are within Zoning By-law 2019-051 and split zoned `General Commercial Zone (COM -2) with Site Specific Provision (119)', `Mixed Use Three Zone (MIX -3) with Site Specific Provision (120)' and `Natural Conservation Zone (NHC-1)'. The owner is proposing to amend Site -Specific Policy 15.D.12.40 in the City of Kitchener's Official Plan to increase the maximum permitted height to 24 storeys or 80 metres for the lands designated `Mixed Use' at the southwesterly corner of Huron Road and Strasburg Road and requesting a Zoning By-law Amendment Application to amend Site Specific Provision (120) to allow for an increased maximum building height of 24 storeys and 80 metres; to regulate the location of parking; and to require no minimum Ground Floor Street Line Fagade for a building abutting a Street Line. Page 235 of 441 Holding Provision (82H) is also proposed to be added to the property to prevent the development of the site with sensitive uses, including residential uses, until the Region is in receipt of a revised Noise Study, completed to the satisfaction of the Region of Waterloo. Figures 4 and 5 — Proposed Building Renderings 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; Page 236 of 441 j) The adequate provision of a full range of housing, including affordable housing; k) The adequate provision of employment opportunities; p) The appropriate location of growth and development; q) The promotion of development that is designed to be sustainable, to support public transit and to be oriented to pedestrians; r) The promotion of built form that, (i) Is well-designed, (ii) Encourages a sense of place, and (iii) Provides for public spaces that are of high quality, safe, accessible, attractive and vi brant; s) The mitigation of greenhouse gas emissions and adaptation to a changing climate. These matters of provincial interest are addressed and are implemented through the Provincial Policy Statement, 2020, as it directs how and where development is to occur. The City's Official Plan is the most important vehicle for the implementation of the Provincial Policy Statement, 2020 and to ensure Provincial policy is adhered to. The Ministry of Municipal Affairs and Housing is proposing an integrated province -wide land use planning policy document, potentially replacing the Provincial Policy Statement and A Place to Grow: Growth plan for the Greater Golden Horseshoe, with a singular Provincial Planning Statement (PPS) which is in draft form and not in effect at the time this report was prepared. Provincial Policy Statement, 2020: The Provincial Policy Statement (PPS) provides policy direction on matters of provincial interest related to land use planning and development. Section 1.4.3(b) of the PPS promotes all types of residential intensification, and sets out a policy framework for sustainable, healthy, liveable and safe communities. The PPS promotes efficient development and land use patterns, as well as accommodating an appropriate mix of affordable and market-based residential dwelling types with other land uses, while supporting the environment, public health and safety. Provincial policies promote the integration of land use planning, growth management, transit -supportive development, intensification, and infrastructure planning to achieve cost-effective development patterns, optimization of transit investments, and standards to minimize land consumption and servicing costs. To support provincial policies relating to the optimization of infrastructure, transit and active transportation, the proposed designation and zoning facilitate a compact form of development which efficiently uses the lands, is in close proximity to transit options including bus, rapid transit, and makes efficient use of both existing roads and active transportation networks. The lands are serviced and are in proximity to parks, trails and other community uses. Provincial policies are in support of providing a broad range of housing. The proposed mixed-use development represents an attainable form of market- based housing. Planning staff is of the opinion that the proposed application will facilitate the intensification of the subject property with a mixed-use multiple dwelling development that is compatible with the planned function of the area and the surrounding community, helps manage Page 237 of 441 growth, is transit supportive and will make use of the existing infrastructure. No new public roads would be required for the proposed development and Engineering staff have confirmed there is capacity in the sanitary sewer to permit intensification on the subject lands. Based on the foregoing, staff is of the opinion that this proposal is in conformity with the PPS. A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 (Growth Plan): The Growth Plan supports the development of complete and compact communities that are designed to support healthy and active living, make efficient use of land and infrastructure, provide for a range and mix of housing types, jobs, and services, at densities and in locations which support transit viability and active transportation. The subject lands are in close proximity to transit, trails, and parks. Policy 2.2.6.1(a) states that municipalities will support housing choice through the achievement of the minimum intensification and density targets in this plan by identifying a diverse range and mix of housing options and densities, including additional residential units and affordable housing to meet projected needs of current and future residents. Policies 2.2.1.4 states that complete communities will: a) feature a diverse mix of land uses, including residential and employment uses, and convenient access to local stores, services, and public service facilities; b) improve social equity and overall quality of life, including human health, for people of all ages, abilities, and incomes; c) provide a diverse range and mix of housing options, including additional residential units and affordable housing, to accommodate people at all stages of life, and to accommodate the needs of all household sizes and incomes; d) expand convenient access to: i. a range of transportation options, including options for the safe, comfortable and convenient use of active transportation; ii. public service facilities, co -located and integrated in community hubs; iii. an appropriate supply of safe, publicly accessible open spaces, parks, trails, and other recreational facilities; and iv. healthy, local, and affordable food options, including through urban agriculture; e) provide for a more compact built form and a vibrant public realm, including public open spaces; f) mitigate and adapt to the impacts of a changing climate, improve resilience and reduce greenhouse gas emissions, and contribute to environmental sustainability; and g) integrate green infrastructure and appropriate low impact development. The Growth Plan supports planning for a range and mix of housing options and, in particular, higher density housing options that can accommodate a range of household sizes in locations that can provide access to transit and other amenities. Page 238 of 441 The subject lands are located within the City s delineated Greenfield area, and within a Community Node in the 2014 Kitchener Official Plan. Community Nodes provide for commercial uses with a mix of residential and institutional uses necessary to support and complete surrounding residential communities. The proposed designation and zoning will support a higher density housing option that will help make efficient use of existing infrastructure, parks, roads, trails and transit. The proposed development is also proposing to include several unit types, increasing the variety of housing options for future residents. 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 Designated Greenfield Areas. The subject lands are designated Urban Designated Greenfield Areas in the ROP. This neighbourhood provides for the physical infrastructure and community infrastructure to support the proposed residential development, including transportation networks, municipal drinking -water supply and wastewater systems, and a broad range of social and public health services. Regional policies require Area Municipalities to plan for a range of housing in terms of form, tenure, density and affordability to satisfy the various physical, social, economic and personal support needs of current and future residents. Regional staff have indicated that they have no objections to the proposed applications (Attachment `D'). Planning staff are of the opinion that the applications conform to the Regional Official Plan. City of Kitchener Official Plan (OP) The City of Kitchener OP provides the long-term land use vision for Kitchener. The vision is further articulated and implemented through the guiding principles, goals, objectives, and policies which are set out in the Plan. The Vision and Goals of the OP strive to build an innovative, vibrant, attractive, safe, complete and healthy community. 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 760 residential units and future commercial uses on the subject lands. Considerable thought for the orientation and placement of the buildings, podium height, building step backs, and vehicular and Page 239 of 441 pedestrian connections to Huron and Strasburg Road have been incorporated into the design for this high intensity mixed use development. Urban Structure The subject lands are located within a `Community Node' on Map 2 in the Official Plan. The planned function of `Community Nodes' is 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. (3.C.2.31.) Within an area identified as a `Community Node' on Map 2 the applicable land use designations may include Commercial, Mixed Use, Institutional, Open Space, Medium Rise Residential and High Rise Residential as shown on Map 3 and detailed in Sections 15.D.3, 15.D.4, 15.D.5, 15.D.7 and 15.D.10 depending on the context and the range of uses deemed appropriate for achieving the planned function of that Community Node. Where the Community Node is located at the intersection of existing or planned transit corridors as identified on Map 2, the predominant land use designation on lands abutting the intersection of the transit corridors will be Mixed Use. (3.C.2.32.) The proposed development is located in a prime location for high intensity mixed use development. The subject lands are located in close proximity to existing transit corridors. There are no adjacent low rise residential uses, and as such, existing residential uses will not be directly impacted by this development and those low rise neighbourhoods will not be areas of significant intensification. The proposed development introduces a new form of housing to the surrounding area with a mix of unit types. The existing surrounding area is primarily owner -occupied low rise ground oriented dwellings in the form of single detached, semi detached and townhouse units. Housing diversity is needed to provide a greater housing choice and meet the needs of increasingly diverse residents and household types such as young families, professionals, retirees, people with disabilities, all with a various range of income. Staff is of the opinion that the proposed Official Plan Amendment and Zoning By-law Amendment will support a development that not only complies with the City s policies for a Community Node but also contributes to the vision for a sustainable and more environmentally friendly city. I nnri I Ica The subject lands have multiple land use designations. 490 Huron Road is designated 'Commercial' along Huron Road, `Natural Heritage Conversation' to southwest and designated `Mixed Use' on Map 3 along the rear of the property as well as the portion of the property that has frontage along Strasburg Road. No Amendments are proposed to the `Commercial' or `Natural Heritage Conservation' designated lands. The Mixed Use land use designation is intended to be flexible and responsive to land use pattern changes and demands and permit a broad range of uses at different scales and Page 240 of 441 intensities depending on the lands' geographic location and identification at the urban structure level. As such, an appropriate and compatible mix and range of commercial, retail, institutional and residential uses, at different scales and intensities will be encouraged and supported within lands designated Mixed Use depending on their location within the Citys Urban Structure. The implementing zoning will be applied to allow for and promote a compatible mix of uses within the same building or on the same site. A mix of uses within the same building is preferred. The implementing zoning will also recognize and facilitate those lands which are intended and expected to evolve over time to achieve an optimum built form and mix of uses. A minimum Floor Space Ratio of 1.0 and a maximum Floor Space Ratio of up to 4.0 will apply to individual properties where higher density development or redevelopment is desirable and appropriate. The following criteria will be considered as the basis for the implementing zoning: a) the property abuts or has direct access to an arterial or collector road; b) the property is adequately buffered from lands designated Low Rise Residential; and, c) there is adequate existing or planned infrastructure. (15.D.4.19.) The City may consider increases to the permitted building height of up to 50 percent of the permitted building height where a development or redevelopment provides a mixed use building containing residential units. It must be demonstrated that a pedestrian scale base, appropriate massing along the streetscape and compatibility with adjacent lands is achieved and that all the applicable policies within this Plan are satisfied. (15.D.4.23) The City may impose minimum fagade and building height regulations in the Zoning By- law. (15.D.4.23) Site -Specific Policy Area 40. The subject lands are located within Specific Policy Area No. 40 (Map 5 - City of Kitchener Official Plan). 15.D.12.40 Southeasterly and southwesterly corners of Huron Road and Strasburg Road - Notwithstanding the Commercial and Mixed -Use land use designations and policies on the lands located at the southeasterly and southwesterly corners of Huron Road and Strasburg Road: a) dwelling units will not be permitted on the lands designated Commercial at the southwesterly corner of Huron Road and Strasburg Road, notwithstanding these lands may be used for parking and access to uses permitted on the Mixed Use designated portion of the site; b) dwelling units will be permitted on the lands designated Commercial at the southeasterly corner of the Huron Road and Strasburg Road provided that they are located in the same building as compatible commercial uses and are not located on the ground floor to a maximum Floor Space Ratio of 2.0; Page 241 of 441 c) for the lands designated Commercial, at the southeasterly and southwesterly corners of Huron Road and Strasburg Road, the full range of retail and commercial uses listed in Policy 15.D.5.16 and Policy 15.D.5.17 a), save and except retail commercial centres and major office, will be permitted; and d) for the lands designated Mixed Use, the full range of uses listed in Policy 15.D.4.2 and Policy 15.D.4.3, will be permitted. Non-residential uses will be encouraged on the ground floor of any building within 25 metres of the Strasburg Road lot frontage, with provisions in the Zoning By-law to require the ground floor of any building, within such area, to have a minimum height of 4.5 metres. Policy 17.E.13.1. of the City of Kitchener Official Plan requires that holding provisions will be applied in situations where it is necessary or desirable to zone lands for development or redevelopment in advance of the fulfillment of specific requirements and conditions, and where the details of the development or redevelopment have not yet been fully resolved. A Holding provision may be used in order to implement this Plan to ensure that certain conditions, studies or requirements related to a proposed Zoning By-law Amendment are met. A Holding Provision shall be applied to residential uses, day care uses and other sensitive uses and will not be removed through a by-law amendment until such time as a Noise Study has been reviewed and approved by the Region of Waterloo. Urban Design The City's urban design policies are outlined in Section 11 of the City's Official Plan. In the opinion of staff, the proposed development meets the intent of these policies, specifically: Streetscape; Safety; Universal Design; Site Design; Building Design, and Massing and Scale Design. To address these policies, an Urban Design Scorecard was submitted and has been reviewed by City staff. The Urban Design Scorecard outlines the vision and principles guiding the site design and informs the proposed zoning by-law regulations. An urban design report will be required and secured through a Holding Provision. Extra attention to high quality urban design that contributes positively to the public realm and streetscapes is expected for the subject lands with adequate onsite amenity for future residents. Detailed design will be reviewed through the site plan design and approvals process. Streetscape — Enhanced landscaping and amenity spaces are proposed along Strasburg frontage. Building 1 (Figure 3) podium is oriented towards Strasburg Road and includes a 4.8 metre tall ground floor for units, building amenity areas, and a lobby area which will enhance the streetscape. Through the Site Plan approval process staff will work with the applicant to further enhance the podium design and further active the streetscapes where possible with landscape or future commercial uses. Safety — As part of the site plan approval process, staff will ensure Crime Prevention Through Environmental Design (CPTED) principles are achieved and that the site meets the Ontario Building Code and the City's Emergency Services Policy. Universal Design — The development will be designed to comply with Accessibility for Ontarians with Disabilities Act and the Ontario Building Code. Page 242 of 441 Skyline — The proposed buildings will provide a new feature on the City's skyline. The proposed buildings will create visual interest from several different vantage points. Site Design, Building Design, Massing and Scale — The subject site is designed to have a development that will be developed at a scale that is compatible with the existing and planned built form for the surrounding neighbourhood. The towers have well defined podiums and building step backs along the public right of way which helps enhance the public realm. Tower Design The proposed building tower is classified as "Slab" towers as the proposed tower floor plates are more than 850 square metres in area. All four (4) of the towers have massing that is broken up vertically by variation and the articulation of building materials. Building 1 (Figure 3) includes a step back which further defines the podium along Huron Road. Furthermore, balconies for the residential units are included and 4.8 metre tall ground floor units, building amenity areas, and lobby are proposed which will enhance the streetscape and internal street network/pedestrian realm. Shadow Impact Study The owner has completed a Shadow Impact Study in addition to the Urban Design Report. Staff have reviewed the study and are satisfied the shadow study meets the City's requirements, with respect to shadow impacts, as noted in the City of Kitchener Urban Design Manual. Wind Study A wind study was prepared for the consideration of this development proposal and reviewed by staff. The wind conditions surrounding the proposed development are generally suitable. A full Wind Assessment be required and reviewed at the site plan application stage and wind control features will be required through the site plan application is necessary to mitigate wind. Tall Building Guidelines The proposed development has also been reviewed for compliance with the City's Design for Tall Buildings Guidelines. The objective of this document is to: • achieve a positive relationship between high-rise buildings and their existing and planned context; • create a built environment that respects and enhances the city's open space system, pedestrian and cyclist amenities and streetscapes; • create human -scaled pedestrian -friendly streets, and attractive public spaces that contribute to livable, safe and healthy communities; • promote tall buildings that contribute to the view of the skyline and enhance orientation, wayFnding and the image of the city; • promote development that responds to the physical environment, microclimate and the natural environment including four season design and sustainability; and, Page 243 of 441 • promote tall building design excellence to help create visually and functionally pleasing buildings of architectural significance. The proposed development concept has been reviewed with these objectives in mind. City staff has confirmed that the proposed towers are generally consistent with and meet the overall intent of the City's Design for Tall Building Guidelines. More specifically, the proposed development generally meets the offsite separation distance requirements of the Design for Tall Building Guidelines and will be further reviewed through the site plan approval process prior to removal of the Holding Provision. Transportation Policies: The Official Plan supports an integrated transportation system which incorporates active transportation, allows for the movement of people and goods and promotes a vibrant, healthy community using land use designations and urban design initiatives that make a wide range of transportation choices viable. The subject lands are located along Strasburg Road and Huron Road both which have bus routes (GRT Routes 16 and 33) and stops located within walking distance. The building has excellent access to trails, and cycling networks, including existing on and off-street cycling facilities. The location of the subject lands, in the context of the City's integrated transportation system, supports the proposal for transit -oriented development on the subject lands. The proposed Official Plan Amendment and Zoning By-law Amendment Applications support a more compact mixed-use development in a Community Node. The location of the proposed buildings, secured through the proposed site-specific provisions, will result in a compatible built form that fosters walkability within a pedestrian -friendly environment that allows walking to be safe, comfortable, barrier -free and a convenient form of urban travel. At future site plan approval processes, the design of the buildings will have to feature a high quality public realm to enhance the identity of the area and create gathering points for social interaction, community events and other activities. Additionally, secured and visitor bicycle parking is required as part of the Zoning By-law. Housina Policies: Section 4.1.1 of the Citys Official Plan contains policies with the primary objective to provide for an appropriate range, variety and mix of housing types and styles, densities, tenure and affordability to satisfy the varying housing needs of our community through all stages of life. The proposed development increases the amount of multiple dwelling units available in the city. The development is contemplated to include a range of unit types including, one, one plus den and two-bedroom units. Theses new units will meet and appeal to a variety of household needs. Sustainable Develoament 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; Page 244 of 441 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 request to amend Site -Specific Policy 15.D.12.40 to increase the maximum permitted height to 24 storeys or 80 metres for the lands designated `Mixed Use' at the southwesterly corner of Huron Road and Strasburg Road. Based on the above -noted policies and planning analysis, staff is of the opinion that the proposed Official Plan Amendment represents good planning and recommends that the proposed Official Plan Amendment be approved in the form shown in Attachment "A". Proposed Zoning By-law Amendment (Zoning By-law 2019-051) 490 Huron Road is currently zoned `General Commercial Zone (COM -2) with Site -Specific Provision (119)', `Mixed Use Three Zone (MIX -3) with Site Specific Provision (120)' and `Natural Conservation Zone (NHC-1)' in Zoning By-law 2019-051. The existing zoning permits a high intensity mixed use development s with a maximum permitted Floor Space Ratio (FSR) of 2.0 and maximum building height of 10 storeys and 32 metres. The applicant has requested an amendment to Zoning By-law 2019-051 to modify Site Specific Provision (120) and add Holding Provision (82H) in Zoning By-law 2019-051. Official Plan policies indicate that where site-specific zoning regulations are requested for residential intensification or a redevelopment of lands, the overall impact of the site- specific zoning regulations will consider compatibility with existing built form; appropriate massing and setbacks that support and maintain streetscape and community character; appropriate buffering to mitigate adverse impacts, particularly with respect to privacy; avoidance of unacceptable adverse impacts by providing appropriate number of parking spaces and an appropriate landscaped/amenity area. The applicant is seeking to amend Zoning By-law 2019-051 to amend Site Specific Provision (120). The proposed new regulations are to permit an increased maximum building height and Floor Space Ratio (FSR), regulate the location of parking spaces, and to require no minimum Ground Floor Street Line Fagade for a building Abutting Street Line. Staff offer the following comments with respect to amended Site Specific Provision (120): Page 245 of 441 a) The ground floor of any building located within 25 metres of the Strasburg Road street line shall have a minimum height of 4.5 metres; Existing regulation — continues to apply. b) No minimum or maximum percent of non-residential gross floor area is required; Existing regulation — continues to apply. c) Regulation 8.2 (1) shall not apply. Existing regulation — continues to apply. d) The maximum building height shall be 24 storeys and 80 metres and the maximum Floor Space Ratio shall be 4.0. The purpose of this new regulation is to cap the building height and FSR and ensure development does not generally exceed the density presented in the concept plans. The existing planning framework allows for the subject lands to be developed with 15 storey buildings with a Floor Space Ratio of 4.0. Increasing the building height to a maximum of 24 storeys with a Floor Space of 4.0 will allow for a range of tower heights (four towers) ,12 -24 storeys in height (rather than 5-6 towers, all 15 storey's in height) that meet the tall building guidelines. e) No minimum Ground Floor Street Line Fagade Width as a Percentage of the Width of the Abutting Street Line shall apply. The purpose of this new regulation is to not require a minimum ground floor street line fagade as the property is irregular in shape, has multiple frontages, and irregular zoning lines that restrict the abilityto provide the minimum 50% base zone regulation. f) On-site parking shall be permitted between a building and street line. The purpose of this new regulation is to allow for on-site parking to be located between a building and street line (Strasburg Road). Due to the irregular shape, frontage and orientation of the proposed buildings, the proposed visitor parking is located within a building and street line. Landscaping is required to screen the parking to minimize any visual impacts from the street. Enhanced landscaping details and screening will be reviewed through the site plan approval process. g) Geothermal Energy Systems shall be prohibited. The Region of Waterloo has indicated Geothermal Energy Systems shall be prohibited to mitigate the risks associated with contaminants that will remain beneath the site when the property is redeveloped. This is a new regulation. Staff offer the following comments with respect to Holding Provision (82H): Page 246 of 441 Official Plan policies require that holding provisions will be applied in those situations where it is necessary or desirable to zone lands for development or redevelopment in advance of the fulfillment of specific requirements and conditions, and where the details of the development or redevelopment have not yet been fully resolved. A Holding provision may be used in order to facilitate the implementation of the `MIX -3' zone and site specific provisions. The City will enact a by-law to remove the holding symbol when all the conditions set out in the holding provision have been satisfied, permitting development or redevelopment in accordance with the zoning category assigned. Holding Provision (82H) Planning staff are recommending the following holding provision as part of the Zoning By- law Amendment: i. No residential use shall be permitted until a detailed Transportation (road) and Stationary Noise Study has been completed and implementation measures recommended to the satisfaction of the Regional Municipality of Waterloo. A noise study was prepared in support of the proposed Zoning By-law and reviewed by the Region of Waterloo. Additional building noise mitigation measures will be reviewed through the site plan design and approvals process and an addendum to the Noise Study will be required prior to removal of the Holding Provision. Proposed Zoning By-law Amendment Conclusions Staff is of the opinion that the proposed Zoning By-law Amendment to amend Site Specific Provision (120) and add new Holding Provision (82H)' represents good planning as it will facilitate the redevelopment of the lands with a mixed use development that is compatible with the existing neighbourhood, which will add visual interest at the street level and skyline and will appropriately accommodate on-site parking needs. Multiple dwellings are already permitted on the subject lands, the proposed amendment will allow for an increase in height and FSR only and will allow for with a more modern planning framework. Staff are supportive of the proposed development and recommend that the proposed Zoning By-law Amendment Application be approved as shown in Attachment `B'. Department and Agency Comments: Circulation of the Official Plan Amendment and Zoning By-law Amendment Applications was undertaken in August 2022 to all applicable City departments and other review authorities. No major concerns were identified by any commenting City department or agency and any necessary revisions and updates were made. Copies of the comments are found in Attachment `D' of this report. The following Reports and Studies were considered as part of this proposed Official Plan Amendment and Zoning By-law Amendment: • Planning Justification Report Prepared by: MHBC Planning, August 2022, (Addendum October 2023) Page 247 of 441 • Wind Study Prepared by: Theakston Environmental Consulting Engineers, July 2022, (Addendum September 2023) • Urban Design Report Prepared by: MHBC Planning, August 2022, (Addendum October 2023) • Shadow Study Prepared by: Martin Simmons Sweers, March 2022, (Addendum October 2023) • Transportation Impact Study Prepared by: Paradigm Transportation Solutions, July 2022 (Addendum September 2023) • Functional Servicing and Stormwater Management Report Prepared by: WalterFedy, June 2022 (Addendum September 2023) • Sustainability Statement Prepared by: MHBC Planning, August 2022, (Addendum October 2023) • Environmental Impact Assessment Prepared by: WSP, July 2022 (Addendum October 2023) • Noise Feasibility Study Prepared by: Acoustic Engineering Ltd, August 2021 (Addendum September 2023) • Hydrogeological Report Prepared by: Chung & Vander Doelen Engineering Ltd. June 2022, Community Input & Staff Responses iTA no FAl rWD :�s 304 addresses (occupants and property owners) were circulated and notified 20 people/households/businesses provided comment A City -led Neighbourhood Meeting was held on December 6,2023,and 9 users logged on Staff received written responses from 20 residents with respect to the proposed development. The comments received are included in Attachment `E'. A Neighbourhood Meeting was held on December 6, 2023. A summary of what we heard, and staff responses are noted below. Page 248 of 441 What We Heard Staff Comment Staff received emails and phone calls in support of Residents support the the proposed development. As noted in the staff development and feel it's the report the location is appropriate as the subject lands appropriate location for are located in a Community Node which provide for residential and future commercial commercial uses with a mix of residential and uses. institutional uses necessary to support and complete surrounding residential communities. The existing planning framework of the subject lands allows for buildings up to 15 storeys in height. The subject lands are well buffered from nearby low rise residential developments, are located within a Tall Buildings should not be Community Node that is located at the intersection of allowed in this area of the City. an existing transit corridor which is an appropriate location for higher intensity Mixed Use developments. Lands directly across the street are also approved and in the early development stages for a 10 storey multiple dwelling building. Concerns the proposed A Traffic Impact Study was submitted and reviewed development will create traffic by City and Regional Transportation staff who did that existing roads can not not identify any major traffic concerns as a result of handle. the proposed development. A parking reduction is not proposed for the Concerns residents and visitors development. 1.12 parking spaces per dwelling unit from this development will park are proposed (including 76 visitor parking spaces) and nearby streets. which is above and beyond the minimum 1.0 parking spaces per dwelling unit required by the Zoning By- law. The taller buildings 20 and 24 storeys have been situated internal to the site furthest away from nearby low rise residential developments whereas the proposed shorter building at 12 storeys in height The buildings are too tall and is located approximately 65 metres to the nearest residents have concerns with residential dwelling on Templewood Drive and is privacy into their yards located on separated by a 4 lane road (Strasburg Road). Templewood Drive, Pine Hollow Court New Castle Drive, and the The 20 and 24 storey buildings internal to the site church and church parking lot. are located approved 140 metres to the nearest residential dwelling on Pine Hollow Court and separated by a 4 lane road (Strasburg Road) and buffered by the existing religious institutional building along Strasburg Road. Page 249 of 441 Planning Conclusions In considering the foregoing, staff are supportive of the proposed Official Plan Amendment and Zoning By-law Amendment Applications to permit the development of a mixed used development at 490 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. ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN: The recommendation of this report supports the achievement of the City's strategic vision through the delivery of core service. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. These applications were received prior to July 1, 2023, and therefore not subject to fee refund provisions in the Planning Act. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the Citys website with the agenda in advance of the Council / Committee meeting. Two large notice signs were posted on the property Page 250 of 441 The proposed 12 storey tower along Huron is situated closet to residential dwellings located on New Caste Drive which is approximately 190 metres away and buffered by a natural area with trees and vegetation. The proposed development will have minimal impact on the existing church and church parking lot as the towers are situated internal to the site approximately 37 metres to the shared property line with the church property. A Shadow Study has been submitted. Staff have Loss of day light for residents. reviewed the study and are satisfied the shadow Concerns Tall buildings will block study meets the Citys requirements, as related to the sun on their backyards. shadow impacts and will have minimal to no impacts on residential properties. Concerns that there is not Functional Servicing and Stormwater Management enough infrastructure to support Reports were prepared by the applicant and reviewed this development. by staff who did not raise any concerns with existing infrastructure being able to support this development. Planning Conclusions In considering the foregoing, staff are supportive of the proposed Official Plan Amendment and Zoning By-law Amendment Applications to permit the development of a mixed used development at 490 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. ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN: The recommendation of this report supports the achievement of the City's strategic vision through the delivery of core service. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. These applications were received prior to July 1, 2023, and therefore not subject to fee refund provisions in the Planning Act. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the Citys website with the agenda in advance of the Council / Committee meeting. Two large notice signs were posted on the property Page 250 of 441 and information regarding the application was posted to the City's website in August of 2022. Following the initial circulation referenced below, an additional postcard advising of the statutory public meeting was circulated to all residents and property owners within 240 metres of the subject lands, and those responding to the preliminary circulation. Notice of the Statutory Public Meeting was also posted in The Record on February 2, 2024 (a copy of the Notice may be found in Attachment C). CONSULT — The proposed Official Plan Amendment and Zoning By-law Amendment were circulated to residents and property owners within 240 metres of the subject lands on August 23, 2022. In response to this circulation, staff received written responses from 20 members of the public, which were summarized as part of this staff report. Planning staff also had one-on-one conversations with residents on the telephone and responded to emails. PREVIOUS REPORTS/AUTHORITIES: • Planning Act, R.S.O. 1990, c. P.13 • Growth Plan, 2020 • Provincial Policy Statement, 2020 • Regional Official Plan • City of Kitchener Official Plan, 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: Justin Readman - General Manager, Development Services ATTACHMENTS: Attachment A — Proposed Official Plan Amendment Attachment B — Proposed By-law and Map. No 1 Attachment C — Newspaper Notice Attachment D — Department and Agency Comments Attachment E — Public Comments Page 251 of 441 AMENDMENT NO. XX TO THE OFFICIAL PLAN OF THE CITY OF KITCHENER CITY OF KITCHENER 490 Huron Road Page 252 of 441 AMENDMENT NO.XX TO THE OFFICIAL PLAN OF THE CITY OF KITCHENER CITY OF KITCHENER 490 Huron Road INDEX SECTION 1 TITLE AND COMPONENTS SECTION 2 PURPOSE OF THE AMENDMENT SECTION 3 BASIS OF THE AMENDMENT SECTION 4 THE AMENDMENT APPENDICES APPENDIX 1 Notice of the Meeting of Planning & Strategic Initiatives Committee of February 26, 2024 APPENDIX 2 Minutes of the Meeting of Planning & Strategic Initiatives Committee February 26, 2024 APPENDIX 3 Minutes of the Meeting of City Council Page 253 of 441 AMENDMENT NO.XX TO THE OFFICIAL PLAN OF THE CITY OF KITCHENER SECTION 1 — TITLE AND COMPONENTS This amendment shall be referred to as Amendment No. XX to the Official Plan of the City of Kitchener (2014). This amendment is comprised of Sections 1 to 4 inclusive. SECTION 2 — PURPOSE OF THE AMENDMENT The purpose of the Official Plan Amendment is to amend the test of Specific Policy Area No.40 of the Official Plan. SECTION 3 — BASIS OF THE AMENDMENT Planning Analysis: Planning Act, R.S.O. 1990, c. P.13 25. Section 2 of the Planning Act establishes matters of provincial interest and states that the Minister, the council of a municipality, a local board, a planning board and the Tribunal, in carrying out their responsibilities under this Act, shall have regard to, among other matters, matters of provincial interest such as, 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 Page 254 of 441 and A Place to Grow: Growth plan for the Greater Golden Horseshoe, with a singular Provincial Planning Statement (PPS) which is in draft form and not in effect at the time this report was prepared. Provincial Policy Statement, 2020: The Provincial Policy Statement (PPS) provides policy direction on matters of provincial interest related to land use planning and development. Section 1.4.3(b) of the PPS promotes all types of residential intensification, and sets out a policy framework for sustainable, healthy, liveable and safe communities. The PPS promotes efficient development and land use patterns, as well as accommodating an appropriate mix of affordable and market-based residential dwelling types with other land uses, while supporting the environment, public health and safety. Provincial policies promote the integration of land use planning, growth management, transit -supportive development, intensification, and infrastructure planning to achieve cost-effective development patterns, optimization of transit investments, and standards to minimize land consumption and servicing costs. To support provincial policies relating to the optimization of infrastructure, transit and active transportation, the proposed designation and zoning facilitate a compact form of development which efficiently uses the lands, is in close proximity to transit options including bus, rapid transit, and makes efficient use of both existing roads and active transportation networks. The lands are serviced and are in proximity to parks, trails and other community uses. Provincial policies are in support of providing a broad range of housing. The proposed mixed-use development represents an attainable form of market-based housing. Planning staff is of the opinion that the proposed application will facilitate the intensification of the subject property with a mixed-use multiple dwelling development that is compatible with the planned function of the area and the surrounding community, helps manage growth, is transit supportive and will make use of the existing infrastructure. No new public roads would be required for the proposed development and Engineering staff have confirmed there is capacity in the sanitary sewer to permit intensification on the subject lands. Based on the foregoing, staff is of the opinion that this proposal is in conformity with the PPS. A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 (Growth Plan): The Growth Plan supports the development of complete and compact communities that are designed to support healthy and active living, make efficient use of land and infrastructure, provide for a range and mix of housing types, jobs, and services, at densities and in locations which support transit viability and active transportation. The subject lands are in close proximity to transit, trails, and parks. 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 4 Page 255 of 441 additional residential units and affordable housing to meet projected needs of current and future residents. Policies 2.2.1.4 states that complete communities will: a) feature a diverse mix of land uses, including residential and employment uses, and convenient access to local stores, services, and public service facilities; b) improve social equity and overall quality of life, including human health, for people of all ages, abilities, and incomes; c) provide a diverse range and mix of housing options, including additional residential units and affordable housing, to accommodate people at all stages of life, and to accommodate the needs of all household sizes and incomes; d) expand convenient access to: i. a range of transportation options, including options for the safe, comfortable and convenient use of active transportation; ii. public service facilities, co -located and integrated in community hubs; iii. an appropriate supply of safe, publicly accessible open spaces, parks, trails, and other recreational facilities; and iv. healthy, local, and affordable food options, including through urban agriculture; e) provide for a more compact built form and a vibrant public realm, including public open spaces; f) mitigate and adapt to the impacts of a changing climate, improve resilience and reduce greenhouse gas emissions, and contribute to environmental sustainability; and g) integrate green infrastructure and appropriate low impact development. The Growth Plan supports planning for a range and mix of housing options and, in particular, higher density housing options that can accommodate a range of household sizes in locations that can provide access to transit and other amenities. The subject lands are located within the City's delineated Greenfield area, and within a Community Node in the 2014 Kitchener Official Plan. Community Nodes provide for commercial uses with a mix of residential and institutional uses necessary to support and complete surrounding residential communities. The proposed designation and zoning will support a higher density housing option that will help make efficient use of existing infrastructure, parks, roads, trails and transit. The proposed development is also proposing to include several unit types, increasing the variety of housing options for future residents. 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 Designated Greenfield Areas. The subject lands are designated Urban Designated Greenfield Areas in the ROP. This neighbourhood provides for the physical infrastructure and community infrastructure to support the proposed residential development, including transportation networks, municipal drinking -water supply and wastewater systems, and a broad range of social and public health services. Regional Page 256 of 441 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. Regional staff have indicated that they have no objections to the proposed applications (Attachment `D'). Planning staff are of the opinion that the applications conform to the Regional Official Plan. City of Kitchener Official Plan (OP) The City of Kitchener OP provides the long-term land use vision for Kitchener. The vision is further articulated and implemented through the guiding principles, goals, objectives, and policies which are set out in the Plan. The Vision and Goals of the OP strive to build an innovative, vibrant, attractive, safe, complete and healthy community. 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 760 residential units and future commercial uses on the subject lands. Considerable thought for the orientation and placement of the buildings, podium height, building step backs, and vehicular and pedestrian connections to Huron and Strasburg Road have been incorporated into the design for this high intensity mixed use development. Urban Structure The subject lands are located within a `Community Node' on Map 2 in the Official Plan. The planned function of `Community Nodes' is 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. (3.C.2.31.) Within an area identified as a `Community Node' on Map 2 the applicable land use designations may include Commercial, Mixed Use, Institutional, Open Space, Medium Rise Residential and High Rise Residential as shown on Map 3 and detailed in Sections Page 257 of 441 15.D.3, 15.D.4, 15.D.5, 15.D.7 and 15.D.10 depending on the context and the range of uses deemed appropriate for achieving the planned function of that Community Node. Where the Community Node is located at the intersection of existing or planned transit corridors as identified on Map 2, the predominant land use designation on lands abutting the intersection of the transit corridors will be Mixed Use. (3.C.2.32.) The proposed development is located in a prime location for high intensity mixed use development. The subject lands are located in close proximity to existing transit corridors. There are no adjacent low rise residential uses, and as such, existing residential uses will not be directly impacted by this development and those low rise neighbourhoods will not be areas of significant intensification. The proposed development introduces a new form of housing to the surrounding area with a mix of unit types. The existing surrounding area is primarily owner -occupied low rise ground oriented dwellings in the form of single detached, semi detached and townhouse units. Housing diversity is needed to provide a greater housing choice and meet the needs of increasingly diverse residents and household types such as young families, professionals, retirees, people with disabilities, all with a various range of income. Staff is of the opinion that the proposed Official Plan Amendment and Zoning By-law Amendment will support a development that not only complies with the City's policies for a Community Node but also contributes to the vision for a sustainable and more environmentally friendly city. Land Use The subject lands have multiple land use designations. 490 Huron Road is designated `Commercial' along Huron Road, `Natural Heritage Conversation' to southwest and designated `Mixed Use' on Map 3 along the rear of the property as well as the portion of the property that has frontage along Strasburg Road. No Amendments are proposed to the `Commercial' or `Natural Heritage Conservation' designated lands. The Mixed Use land use designation is intended to be flexible and responsive to land use pattern changes and demands and permit a broad range of uses at different scales and intensities depending on the lands' geographic location and identification at the urban structure level. As such, an appropriate and compatible mix and range of commercial, retail, institutional and residential uses, at different scales and intensities will be encouraged and supported within lands designated Mixed Use depending on their location within the City's Urban Structure. The implementing zoning will be applied to allow for and promote a compatible mix of uses within the same building or on the same site. A mix of uses within the same building is preferred. The implementing zoning will also recognize and facilitate those lands which are intended and expected to evolve over time to achieve an optimum built form and mix of uses. A minimum Floor Space Ratio of 1.0 and a maximum Floor Space Ratio of up to 4.0 will apply to individual properties where higher density development or redevelopment is desirable and appropriate. The following criteria will be considered as the basis for the implementing zoning: Page 258 of 441 a) the property abuts or has direct access to an arterial or collector road; b) the property is adequately buffered from lands designated Low Rise Residential; and, c) there is adequate existing or planned infrastructure. (15.D.4.19.) The City may consider increases to the permitted building height of up to 50 percent of the permitted building height where a development or redevelopment provides a mixed use building containing residential units. It must be demonstrated that a pedestrian scale base, appropriate massing along the streetscape and compatibility with adjacent lands is achieved and that all the applicable policies within this Plan are satisfied. (15. D.4.23) The City may impose minimum fapade and building height regulations in the Zoning By- law. (15.D.4.23) Site -Specific Policy Area 40. The subject lands are located within Specific Policy Area No. 40 (Map 5 - City of Kitchener Official Plan). 15.D.12.40 Southeasterly and southwesterly corners of Huron Road and Strasburg Road -Notwithstanding the Commercial and Mixed -Use land use designations and policies on the lands located at the southeasterly and southwesterly corners of Huron Road and Strasburg Road: a) dwelling units will not be permitted on the lands designated Commercial at the southwesterly corner of Huron Road and Strasburg Road, notwithstanding these lands may be used for parking and access to uses permitted on the Mixed Use designated portion of the site; b) dwelling units will be permitted on the lands designated Commercial at the southeasterly corner of the Huron Road and Strasburg Road provided that they are located in the same building as compatible commercial uses and are not located on the ground floor to a maximum Floor Space Ratio of 2.0; c) for the lands designated Commercial, at the southeasterly and southwesterly corners of Huron Road and Strasburg Road, the full range of retail and commercial uses listed in Policy 15.D.5.16 and Policy 15.D.5.17 a), save and except retail commercial centres and major office, will be permitted; and d) for the lands designated Mixed Use, the full range of uses listed in Policy 15.D.4.2 and Policy 15.D.4.3, will be permitted. Non-residential uses will be encouraged on the ground floor of any building within 25 metres of the Strasburg Road lot frontage, with provisions in the Zoning By-law to require the ground floor of any building, within such area, to have a minimum height of 4.5 metres. Page 259 of 441 Policy 17.E.13.1. of the City of Kitchener Official Plan requires that holding provisions will be applied in situations where it is necessary or desirable to zone lands for development or redevelopment in advance of the fulfillment of specific requirements and conditions, and where the details of the development or redevelopment have not yet been fully resolved. A Holding provision may be used in order to implement this Plan to ensure that certain conditions, studies or requirements related to a proposed Zoning By- law Amendment are met. A Holding Provision shall be applied to residential uses, day care uses and other sensitive uses and will not be removed through a by-law amendment until such time as a Noise Study has been reviewed and approved by the Region of Waterloo. Urban Design The City's urban design policies are outlined in Section 11 of the City's Official Plan. In the opinion of staff, the proposed development meets the intent of these policies, specifically: Streetscape; Safety; Universal Design; Site Design; Building Design, and Massing and Scale Design. To address these policies, an Urban Design Scorecard was submitted and has been reviewed by City staff. The Urban Design Scorecard outlines the vision and principles guiding the site design and informs the proposed zoning by-law regulations. An urban design report will be required and secured through a Holding Provision. Extra attention to high quality urban design that contributes positively to the public realm and streetscapes is expected for the subject lands with adequate onsite amenity for future residents. Detailed design will be reviewed through the site plan design and approvals process. Streetscape — Enhanced landscaping and amenity spaces are proposed along Strasburg frontage. Building 1 (Figure 3) podium is oriented towards Strasburg Road and includes a 4.8 metre tall ground floor for units, building amenity areas, and a lobby area which will enhance the streetscape. Through the Site Plan approval process staff will work with the applicant to further enhance the podium design and further active the streetscapes where possible with landscape or future commercial uses. Safety — As part of the site plan approval process, staff will ensure Crime Prevention Through Environmental Design (CPTED) principles are achieved and that the site meets the Ontario Building Code and the City's Emergency Services Policy. Universal Design — The development will be designed to comply with Accessibility for Ontarians with Disabilities Act and the Ontario Building Code. Skyline — The proposed buildings will provide a new feature on the City's skyline. The proposed buildings will create visual interest from several different vantage points. Site Design, Building Design, Massing and Scale — The subject site is designed to have a development that will be developed at a scale that is compatible with the existing and planned built form for the surrounding neighbourhood. The towers have well defined podiums and building step backs along the public right of way which helps enhance the public realm. Page 260 of 441 Tower Design The proposed building tower is classified as "Slab" towers as the proposed tower floor plates are more than 850 square metres in area. All four (4) of the towers have massing that is broken up vertically by variation and the articulation of building materials. Building 1 (Figure 3) includes a step back which further defines the podium along Huron Road. Furthermore, balconies for the residential units are included and 4.8 metre tall ground floor units, building amenity areas, and lobby are proposed which will enhance the streetscape and internal street network/pedestrian realm. Shadow Impact Study The owner has completed a Shadow Impact Study in addition to the Urban Design Report. Staff have reviewed the study and are satisfied the shadow study meets the City's requirements, with respect to shadow impacts, as noted in the City of Kitchener Urban Design Manual. Wind Study A wind study was prepared for the consideration of this development proposal and reviewed by staff. The wind conditions surrounding the proposed development are generally suitable. A full Wind Assessment be required and reviewed at the site plan application stage and wind control features will be required through the site plan application is necessary to mitigate wind. Tall Building Guidelines The proposed development has also been reviewed for compliance with the City's Design for Tall Buildings Guidelines. The objective of this document is to: • achieve a positive relationship between high-rise buildings and their existing and planned context; • create a built environment that respects and enhances the city's open space system, pedestrian and cyclist amenities and streetscapes; • create human -scaled pedestrian -friendly streets, and attractive public spaces that contribute to livable, safe and healthy communities; • promote tall buildings that contribute to the view of the skyline and enhance orientation, wayfinding and the image of the city; • promote development that responds to the physical environment, microclimate and the natural environment including four season design and sustainability; and, • promote tall building design excellence to help create visually and functionally pleasing buildings of architectural significance. The proposed development concept has been reviewed with these objectives in mind. City staff has confirmed that the proposed towers are generally consistent with and meet the overall intent of the City's Design for Tall Building Guidelines. More specifically, the proposed development generally meets the offsite separation distance 10 Page 261 of 441 requirements of the Design for Tall Building Guidelines and will be further reviewed through the site plan approval process prior to removal of the Holding Provision. Transportation Policies: The Official Plan supports an integrated transportation system which incorporates active transportation, allows for the movement of people and goods and promotes a vibrant, healthy community using land use designations and urban design initiatives that make a wide range of transportation choices viable. The subject lands are located along Strasburg Road and Huron Road both which have bus routes (GRT Routes 16 and 33) and stops located within walking distance. The building has excellent access to trails, and cycling networks, including existing on and off-street cycling facilities. The location of the subject lands, in the context of the City's integrated transportation system, supports the proposal for transit -oriented development on the subject lands. The proposed Official Plan Amendment and Zoning By-law Amendment Applications support a more compact mixed-use development in a Community Node. The location of the proposed buildings, secured through the proposed site-specific provisions, will result in a compatible built form that fosters walkability within a pedestrian -friendly environment that allows walking to be safe, comfortable, barrier -free and a convenient form of urban travel. At future site plan approval processes, the design of the buildings will have to feature a high quality public realm to enhance the identity of the area and create gathering points for social interaction, community events and other activities. Additionally, secured and visitor bicycle parking is required as part of the Zoning By-law. Housinq Policies: Section 4.1.1 of the City's Official Plan contains policies with the primary objective to provide for an appropriate range, variety and mix of housing types and styles, densities, tenure and affordability to satisfy the varying housing needs of our community through all stages of life. The proposed development increases the amount of multiple dwelling units available in the city. The development is contemplated to include a range of unit types including, one, one plus den and two-bedroom units. Theses new units will meet and appeal to a variety of household needs. Sustainable Development Section 7.C.4.1 of the City's Official Plan ensures developments will increasingly be sustainable by encouraging, supporting and, where appropriate, requiring: a) compact development and efficient built form; b) environmentally responsible design (from community design to building design) and construction practices; c) the integration, protection and enhancement of natural features and landscapes into building and site design; d) the reduction of resource consumption associated with development; and, 11 Page 262 of 441 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 request to amend Site -Specific Policy 15.D.12.40 to increase the maximum permitted height to 24 storeys or 80 metres for the lands designated `Mixed Use' at the southwesterly corner of Huron Road and Strasburg Road. Based on the above -noted policies and planning analysis, staff is of the opinion that the proposed Official Plan Amendment represents good planning and recommends that the proposed Official Plan Amendment be approved SECTION 4 — THE AMENDMENT The City of Kitchener Official Plan is hereby amended as follows: a) Part D, Section 15.D.12, Policy 15.D.12.40 d) is amended sentence "Generally no building will exceed 24 storeys whichever is greater at the highest grade elevation, on I Use." at the end of subsection d). 12 by adding the following or 80 metres in height, ands designated Mixed Page 263 of 441 APPENDIX 1 NOTICE OF PUBLIC MEETING N�OTICE OFTUBLIC MEETING for a development, in �your neighbourhood 490 Huron Road Concept DraWing H ave Yo u r Voice Hea rd.111 Plann i ng & Strategic I nitiati'ves Cornmittee, Date: February 26,2024 Location� Council Chambers, Kitchener City, Hall 200, King Street, West orVirt,ual Zoom Meeting Go to kitchener.ea/meating s and select. C urren't agendas and reports (posted 10 dlays before mieetin Appear w adelegatio ni *Witch aimeeting To Pearn more about this project, ifn&,Wki g information on your appeall right�s, visit: wwwAitchener.ca/ PlaniningApplications or contact., Craig DurnaM Senior Planner craig.durnart@kitchener,ca 519.7,41.2200 x7073 The City of Kitchener w1111 consider applications, to amend the Officiall Plan and Zoning By-law for the subject lands, located at 490 Huron Road to allow a mixed use development with 4 Residential Tbweirs 12 to 24 s,toireys in height. 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Zoning Grid Schedule Numbers 152, 153 and 165 of Appendix "A' to By-law 2019-051 are hereby amended by changing the zoning applicable to the parcel of land specified and illustrated as Area 1 on Map No. 1, in the City of Kitchener, attached hereto, from Mixed Use Three Zone (MIX -3) with Site Specific Provision (120) to Mixed Use Three Zone (MIX - 3) with Site Specific Provision (120) and Holding Provision (82H). 2. Zoning Grid Schedule Numbers 152, 153 and 165 of Appendix "A" to By-law Number 2019-051 are hereby further amended by incorporating additional zone boundaries as shown on Map No.1 attached hereto. 3. Section 19 of By-law 2019-051 is hereby amended by modifying Site Specific Provision (120) thereto as follows: "(120). Notwithstanding Section 8.2 Table 8-1 and Section 8.3 Table 8-2 of this By- law, within the lands zoned MIX -3 and shown as being affected by this Subsection on Zoning Grid Schedule Numbers 152, 153 and 165 of Appendix "A', the following special regulations shall apply. a) The ground floor of any building located within 25 metres of the Strasburg Road street line shall have a minimum height of 4.5 metres; b) No minimum or maximum percent of non-residential gross floor area is Page 268 of 441 required; c) Regulation 8.2 (1) shall not apply; d) The maximum building height shall be 24 storeys and 80 metres and the maximum floor space ratio shall be 4.0. e) No minimum ground floor street line tagade width as a percentage of the width of the abutting street line shall apply. f) On-site parking shall be permitted between a building and street line. g) Geothermal Energy Systems shall be prohibited." 4. Section 20 of By-law 2019-51 is hereby amended by adding Holding Provision (82) thereto as follows: "(82H). Notwithstanding Section 8 of this Bylaw, within the lands zoned MIX -3 and shown as being affected by this Subsection on Zoning Grid Schedules 152, 153 and 165 of Appendix "A": i) No residential use shall be permitted until a detailed transportation (road) and stationary noise study has been completed and implementation measures recommended to the satisfaction of the Region." 5. This By-law shall become effective only if Official Plan Amendment No. xx (490 Huron 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 Page 269 of 441 NOTICE OF PUBLIC MEETING X for a development in your neighbourhood490 Huron Road KY11CI lkNI"K Concept Drawing rlixod Use ]% �4`,'1I rle 5 IrmI'Iext Icon "I'ex'f: Have Your Voice Heard! Planning & Strategic Initiatives Committee Date: February 26, 2024 Location: Council Chambers, Kitchener City Hall 200 King Street West oPVirtual Zoom Meeting Go to kitchener.ca/meetings and select: • Current agendas and reports (posted 10 days before meeting) • Appear as a delegation • Watch a meeting To learn more about this project, including information on your appeal rights, visit: www.kitchener.ca/ PlanningApplications or contact: Craig Dumart, Senior Planner craig.dumart@ kitchener.ca 519.741.2200 x7073 The City of Kitchener will consider applications to amend the Official Plan and Zoning By-law for the subject lands located at 490 Huron Road to allow a mixed use development with 4 Residential Towers 12 to 24 storeys in height. The mixed use development proposes a total of 760 residential units and future commercial uses located along Huron Road. Page 270 of 441 Craig Dumart From: Dave Seller Sent: Thursday, November 30, 2023 10:07 AM To: Craig Dumart Subject: TS comments - 490 Huron Road (OPA/ZBA) revised development City of Kitchener Application Type: Official Plan and Zoning By-law Amendments Application: OPA22/012/H/CD & ZBA22/019/H/CD ZBA folder: 22-119542 Project Address: 490 Huron Road Comments of: Transportation Services Commenter's Name: Dave Seller Email: dave.seller@kitchener.ca Phone: 519-741-2200 ext. 7369 Date of Comments: November 30, 2023 After reviewing the, Transportation Impact Assessment (September 2023) submitted by Paradigm Transportation Solutions Limited, Transportation Services offer the following comments. Development proposal The applicant is proposing a total of 760 residential apartment units in four buildings with a two-storey common amenity area. It should be noted that a section of the property has been set aside for commercial land uses at an undetermined future date. An update to the Transportation Impact Assessment will be required when the commercial land uses are developed. The development is estimated to generate 226 AM and 267 PM peak hour vehicle trips and vehicles can access this development at three locations. One full moves access along Strasburg Road at Templewood Drive and two accesses along Huron Road, with one functioning as right -in right -out and the other a full moves access. Intersection analysis The two intersections noted below were reviewed under 2023 existing traffic operations and were expressed under the following intersection parameters: level of service (LOS), volume to capacity ratios (v/c) and 95th percentile queues. The intersections are operating within acceptable levels and with no critical traffic movements in either the AM or PM peak hours. o Strasburg Road at Templewood Drive (unsignalized) o Huron Road at Strasburg Road (roundabout) The four intersections noted below were reviewed under 2028 future total traffic operations using the same intersection parameters as above. The intersections are operating within acceptable levels and with no critical traffic movements in either the AM or PM peak hours. o Strasburg Road at Templewood Drive/ NEW site access (unsignalized) o Huron Road at Strasburg Road (roundabout) o Huron Road at NEW site access full moves (unsignalized) o Huron Road at NEW site access right -in right out (unsignalized) Page 271 of 441 The new site access points are forecasted to operate with LOS D or better and v/c ratios of 0.24 or lower in the AM and PM peak hours. Left turn lane analysis There are two existing left turn lanes available to access this development. One along Strasburg Road at Templewood Drive/site access and one along Huron Road. The analysis indicated no extension to the current storge length is required. Conclusions Therefore, based on Paradigm's report and analysis, Transportation Services are of the opinion that this development will not negatively impact any of the study intersections and their roadways within the study area. 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 From: Craig Dumart <Craig.Dumart@kitchener.ca> Sent: Friday, November 10, 2023 11:47 AM To: Barbara Steiner <Barbara.Steiner@kitchener.ca>; Shilling Yip <SYip@regionofwaterloo.ca>; Dave Seller <Dave.Seller@kitchener.ca>; Rojan Mohammadi <Rojan.Mohammadi@kitchener.ca>; Eric Riek <Eric.Riek@kitchener.ca>;'Chris Foster-Pengelly'<cfosterpengeIly@grandrive r.ca>; Raida Chowdhury <Raida.Chowdhury@kitchener.ca> Subject: FW: Circulation for Comment - 490 Huron Road (OPA/ZBA) Importance: High Hi everyone, The applicant has revised the proposed development R 490 Huron Road to now include 4 towers, ranging in height from 12 — 24 storeys with a floor space ratio of 4.0. Updated supporting documents can be found here : https://kitchener.sharefile.com/home/shared/fodl7c91-3970-4c94-a8dd-213b5ff5a893 — under a sub -folder called "UPDATED SUBMISSION'. Please review the revised submission and provide any updated comments by December 1st at the latest. **If you do not provide revised comments by the commenting deadline staff will proceed there are no concerns.** Craig Dumart, BES, MCIP, RPP Senior Planner I Planning Division I City of Kitchener (519) 741-2200 ext 7073 1 TTY 1-866-969-9994 1 craia.dumart(c-kitchener.ca 00 C clo) }om �,f] From: Christine Kompter <Christine.l<ompter@kitchener.ca> Sent: Thursday, August 25, 2022 4:42 PM To: —DL—#—DSD—Planning <DSD-PlanningDivision@kitchener.ca>; Bell - c/o WSP <circulations@wsp.com>; Darren Kropf Page 272 of 441 <Darren.Kropf@kitchener.ca>; Dave Seller <Dave.Seller@kitchener.ca>; David Paetz <David.Paetz@kitchener.ca>; Ellen Straus <Elien.Straus@kitchener.ca>; Feds <vped@feds.ca>; Greg Reitzel <Greg.Reitzel@kitchener.ca>; Hydro One - Dennis DeRango <landuseplanning@hydroone.com>; Jim Edmondson <Jim.Edmondson CcD kitcheher.ca>; Justin Readman <Justin.Readman@kitchener.ca>; Katherine Hughes <Katherine.Hughes kitchener.ca>; K -W Hydro Greig Cameron <gcameron@kwhydro.on.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: Craig Dumart <Craig.Duma rt@kitchener.ca> Subject: Circulation for Comment - 490 Huron Road (OPA/ZBA) Please see attached. Additional documentation can be found in AMANDA folders 22- 119538 & 22- 119542 (City staff) and ShareFile (external agencies). Comments or questions should be directed to Craig Dumart, 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 Z77311!'' Page 273 of 441 4 c', ) Administration Centre: 400ClydeRoad P[lBox 72QON N/R5VV6 'Toll free: 1 806-900 4 722 Fax: 519-62 1 d8,14 www.grandriver.ca Phone:5 19-621-2A51 tion December 8, 2023 M50�� Craig [>UOl@[LSenior Planner Planning Division, City ofKitchener 200 King Street West Kitchener, ON, N2G4G7 Re; Official Plan Amendment OPA22/012/H/CD Zoning By-law Amendment ZBA22/GY9/H/CD 48OHuron Road, City OfKitchener 2517293Ontario Inc. Grand River Conservation Authority (GRCA) staff has reviewed the above -noted application for Official Plan Amendment and Zoning By-law Amendment requests to allow for a maximum height of 24 storeys within the portion of the site that is designated 'Mixed Use'. Recommendation The GRCAdoes not object k}the approval ofthe above -noted applications. Please note that our recommendation does not imply support for future site plan applications. GRCA will undertake a separate review Ofthe submitted materials aSpart of afuture site plan application. |tmust b8 demonstrated that there are OO imnpe(ts, including hydrologic impacts, to the adjacent natural hazards. Please see below for our detailed comments. Documents Revieweq_�y Staff Staff have reviewed the following documents submitted with this application, received by GRCA staff November 10, 2023: - Cover letter, prepared bvK4HBC.dated October 31'2O23 - Functional Servicing and Stormwater Management Report, prepared by Walter Fedy, September 20'2D23. - Scoped Environmental Impact Study (EIS) Report, prepared by WSP Canada Inc., September 2023. - Scoped Hydrogeological Assessment Huron West Mixed -Use Development, prepared by Chung {kVander [)oe|SnEngineering Ltd.,June 10,2O22. GRCA Comments GRCA has reviewed this application under the Mandatory Programs and Services Regulation /C}.R.088/21\.including acting onbehalf Dfthe Province regarding natural hazards identified iD Section 3.1 of the Provincial Policy Statement (PPS. 2020), 8S@ regulatory authority under Ontario Regulation 15D/0Oand @s apublic body under the Planning Act asper our CABoard approved policies. |nforD8UOD currently available at our office indicates that the subject lands contain slope erosion hazards, floodplain associated with Strasburg Creek and is adjacent to Strasburg Creek and the Membe/cf[ooae/vadooOnLaric\naV/esendngOn\aric&]()[onservahonAuLhohbes|lheGmnd-ACanad�nHe/i@geR)ve/ Page 274 of 441 Strasburg Creek Provincially Significant Wetland, located on the adjacent property. A copy of our resource mapping is attached. Due to the presence of the features identified above, the GRCA regulates a portion of the property under Ontario Regulation 150/06 (Development, Interference with Wetlands and Alterations to Shorelines and Watercourses Regulation). A permit will be required for the proposed development pursuant to Ontario Regulation 150/06. We offer the following preliminary comments to be addressed as part of a future site plan application. As identified above, the GRCA will undertake a separate review of the submitted materials upon receipt of a site plan application: 1. Section 3.2.2 of the EIS should incorporate information form the Functional Servicing and Stormwater Management Report and assess the potential impacts of the predicted changes in infiltration (a predicted 36% increase in infiltration) to wetland and watercourse. Adjustment of mitigation measures could be considered to bring the site closer to a balance with the pre -development conditions. The impact of potential changes in volume of surface water runoff should also be considered. 2. The water balance in Section 6.2 of the SWM report discusses changes in infiltration but does not discuss changes in volume of surface flow to features. This should be reviewed. Presumably surface water runoff to wetland and watercourse features would decrease if infiltration rates were increased with proposed mitigations. 3. The drawings should be updated to include the surveyed floodplain, the GRCA regulation limit, as well as the surveyed wetland boundary, indicating the that the wetland boundary was confirmed with GRCA and on which date, and show distances from the development to wetland boundaries. 4. All development will need to be outside the natural hazards and their associated setbacks. 5. In support of a future GRCA permit application, the following will be required. a. As indicated in section 5.2.2 of EIS, a detailed Erosion and Sediment Control plan will be in support of a GRCA Permit application. The Erosion and Sediment Control Guide for Urban Construction (Toronto and Region Conservation Authority, 2019) should be referred to for guidance in developing an appropriate ESC plan. b. The ESC plan should include a construction dewatering/unwatering plan for groundwater and surface water. Consistent with GRCA's 2023 approved fee schedule, this application is considered a major Official Plan and/or Zoning Bylaw Amendment and the applicant will be invoiced in the amount of $2,500 for the GRCA's review of this application. 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. Page 275 of 441 Should you have any questions, please contact the undersigned at cfosterpengelly@grand river. ca or 519-621-2763, extension 2319. Sincerely, Chris Foster -Pe elly, M.Sc. Assistant Supervisor of Resource Planning Engineering and Planning Services Enclosed: GRCA resourcing map of property Copy: 2517293 Ontario Inc., owner (via email) Andrea Sinclair, MHBC applicant (via email) Page 276 of 441 N LL C) C) 04 co 0 CIJ < .0 co (rj > co U0 U) 0 2 C) 0) V C W -117 age 277 E 0 z r < < E 0 2�, a) C9 C) 0 L) 0 0 E E 2 (D ID < E 7ro ro -6 < (-) o o >, 2 (D 0. (D E 0- 0 0) '65 .2 Z (D w LL U) 0 w — 0 .2 0) 0) :�, 16 (9 E 'Z5 CL 4) 0 (� (D (D a) 0 < c - w w L" L" 00 E 3.2 75-T W. --2 V-2) A - > 0 0 a) 0) (D (D :6 5 E < 0 CL 110 on VOa sep z age 277 Region of Waterloo Craig Dumart, IVICIP, RPP Senior Planner City of Kitchener City Hall, P.O. Box 1118 200 King St. West Kitchener, ON N2G 4G7 PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES Community Planning 150 Frederick Street 8th Floor Kitchener Ontario N2G U Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4466 wwwregionofwaterloo.ca Re: Post Circulation Comments OPA 22/012/H/CD and ZBA 22/019/H/CD 2517293 Ontario Inc. 490 Huron Road CITY OF KITCHENER Region staff has reviewed the above -noted applications and provide the following comments at this time. The applicant is proposing Official Plan and Zoning By-law amendments to allow a mixed use development with three Residential Towers 13 to 17 storeys in height. The mixed use development proposes a total of 547 residential units and five free standing commercial buildings located along Huron Road. The OPA is proposing to amend Special Policy 15.D.12.40 to increase the maximum permitted height on the subject lands to 17 storeys. The ZBA is proposing to amend Site Specific Provision (120) to allow for a building height of 17 storeys (maximum height of 53 metres) with a Floor Space Raito of 3.0 and proposing that no minimum Ground Floor Street Line Fagade Width as a Percentage of the Width of the Abutting Street shall apply. Staff understands the property is currently split zoned MIX -3 and Comm -2, with the applications being applicable to the lands zoned MIX -3. Water Services Engineering and Planning staff has reviewed the above noted application(s) and have no concerns. Document Number: 4438409 Version: I Page 278 of 441 Source Water Protection The property is designated Wellhead Protection Sensitivity Area 4 on Map 6a of the Regional Official Plan (ROP). The purpose of this designation along with the policies in Chapter 8 of the ROP is to protect the Region's long term municipal groundwater supplies. Policy 8.A.14 of the ROP does not permit geothermal wells within the WPSA 4 designation. This prohibition should be reflected in the proposed zoning by-law amendment. Underground parking is permitted within this designation provided additional study is provided in accordance with Policy 8.A.4. For now, staff notes one (1) level of underground parking is proposed which will be permitted. A holding provision is recommended if more than one level of underground parking is proposed. Hydrogeology and Water Programs staff has reviewed the Functional Servicing Report and Stormwater Management Plan and have no comments on this document. Although staff required a salt management plan as part of the complete applications, this has been deferred to site plan since building layouts have not yet been determined. By copy of this letter, the applicant is advised a salt management plan must be completed for the entire site, not just lands subject to these applications. Corridor Planning Noise Studv Staff has reviewed the report entitled, "Road Traffic and Stationary Noise Impact Study, Huron & Strasburg, Kitchener, Ontario" (JJ Acoustics, August 3, 2021). The report addresses road, traffic and stationary noise sources. The conclusions and recommendations are acceptable subject to the comments below. Road Traffic Noise Sources Road noise sources assumed in the report in Huron and Strasburg Roads, both under the jurisdiction of the City of Kitchener. The report has confirmed that the development is feasible with appropriate noise mitigation including installation of central air- conditioning, special building components (windows) on certain building facades (Buildings #1 and #3) and warning clauses. A detailed noise study will be required once detailed building design is known. This can be secured through the use of a holding provision in the proposed zoning by-law amendment, to be lifted prior to site plan approval. A common outdoor living area (OLA) has been identified in the report in the vicinity of Buildings #1 and #2, and which meet noise level objectives for a Class 1 acoustical area. The OLA is shown as between Buildings #2 and #3 on the attached site plan in the report. This should be clarified in the future detailed noise study. The required mitigation to address indoor noise is shown in Table B.1 of Attachment B to the report including central air conditioning and special building components for windows for certain facades on Buildings #1 and #3. Where special building components have not been identified, miniumum requirements under the Ontario Building Code apply. Document Number: 4438409 Version: 1 Page 279 of 441 Recommended warning clauses (to be included in all Offers to Purchase and rental agreements) include the following: "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." "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 level are within the sound level limits of the Municipality and the Ministry of the Environment, Conservation and Parks." The above recommendations are to be secured in an agreement with the City of Kitchener. Stationary Noise Sources The report assessed the impacts of off-site noise sources on on-site sensitive receptors. It has assumed the ambient (road traffic) noise criteria should be used in place of the exclusionary limits for a Class 1 acoustical environment provided in the MECP NPC -300 noise guideline. The noise level objectives assumed in the Table in Section 3.3 on p. 6 of the report are acceptable. The predicted daytime and nighttime noise levels at the building facades of all 3 buildings assessed are within the noise level criteria as shown in the various tables on pp. 7-8 of the report. Similarly, predicted noise level to the outdoor living area assumed in the report is within noise level criteria as shown on p. 7 of the report. The report has not assessed the impact of on-site noise sources on on/off-site noise sensitive receptors, as detailed building design and mechanical equipment are not yet known. An additional noise study will be required prior to site plan approval. The study will need to secured through a holding provision in the proposed zoning by-law amendment. Staff also notes that although no recommendation is required to address off-site stationary noise impacts, staff is recommending a noise warning clause be included for this development given the potential for noise from adjacent land uses and the mixed use character of the site itself. This may be secured through future Planning Act applications such as consent or plans of condominium. Recommended noise warning clause as follow: "Purchasers/tenants are advised that due to the proximity of the adjacent industrial /commercial uses, noise from these use may at times be audible." Region staff has no objection with City staff proceeding with a recommendation to Committee and Council on the application subject to the above -noted comments. Document Number: 4438409 Version: 1 Page 280 of 441 Transportation Impact Study and Functional Servicing/SWM Report Staff did not undertake a review of these reports as they do not impact a Regional road facility. Environmental Planning Environmental Planning staff has reviewed the materials received in support of the zoning by-law and official plan amendment applications for the lands located at the southwest corner of Huron Road and Strasburg Road (490 Huron Road), including the "Strasburg Road and Huron Road, Kitchener, Ontario, Scoped Environmental Impact Study (EIS) Report" prepared by WSP Canada Inc., July 2022. The lands adjacent to the western edge of the subject lands are designated as Core Environmental Feature (Strasburg Creek Provincially Significant Wetland, Significant Woodland). There is no development proposed within the limits of the Core Environmental Features, and the EIS supports a 30m setback from the edge of the Core Environmental Feature (PSW) as well as an additional setback of varying depth to be protected with permanent fencing and wildlife exclusion fencing to prevent trespass into/wildlife movement out of the limits of the Core Environmental Feature. The EIS has met the terms of reference and the recommendations identified in the EIS are satisfactory to staff, and regional staff request the implementation of the recommendations through the site plan process to the greatest extent possible. There are no requirements relative to the zoning by-law or official plan amendment applications. Housing General The following Regional policies and initiatives support the development and maintenance of affordable housing: • Regional Strategic Plan o Objective 4.2 requires the Region to make affordable housing more available to individuals and families. • 10 -Year Housing and Homelessness Plan o contains an affordable housing target which is that 30% of all new residential development between 2019 and 2041 in Waterloo Region is to be affordable to low and moderate income households. • Building Better Futures Framework o shows how the Region plans to create 2,500 units of housing affordable to people with low to moderate incomes by 2025. • Region of Waterloo Official Plan o Section 3.A (range and Mix of Housing) contains land use policies that ensure the provision of a full and diverse range and mix of permanent housing that is safe, affordable, of adequate size, and meets the accessibility requirements of all residents. Document Number: 4438409 Version: 1 Page 281 of 441 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. Should this development application move forward, staff recommend that the applicant consider providing a number of affordable (affordable as defined in the Regional Official Plan) housing units on the site. In order for affordable housing to fulfill its purpose of being affordable to those who require rents or purchase prices lower than the regular market provides, a mechanism should be in place to ensure the units remain affordable and establish income levels of the households who can rent or own the homes. Staff further recommend meeting with Housing Services to discuss the proposal in more detail and to explore opportunities for partnerships or programs and mechanisms to support a defined level of affordability. Affordability For the purposes of evaluating the affordability of an ownership unit, based on the definition in the Regional Official Plan, the purchase price is compared to the least expensive of: Housing for which the purchase price results in annual accommodation costs which do not exceed 30 percent of gross $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 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 Document Number: 4438409 Version: 1 Page 282 of 441 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 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. By copy of this letter, the applicant is advised to contact Judy Maan Miedema, Principal Planner (Housing) directly by email at JMaanMiedema(a-).reqionofwaterloo.ca should they have any questions or wish to discuss in more detail. ��� 1111 11111111111 Regional staff has no objection to City staff proceeding with a recommendation on t OPA/ZBA applications at this time. In summary, the proposed Zoning By-law amendmell must include the following: 1 ) Prohibition on use of geothermal wells; 2) Holding provision for the completion of a detailed noise study to address road traffic and stationary noise; and 3) Holding provision to address additional studies required under Policy 8.A.4 of the Regional Official Plan if more than one (1) storey of underground parking is proposed. Should you have any questions, please do not hesitate to contact the undersigned. Yours truly, Shilling Yip, MCIP, RPP Principal Planner I I A •- a F.] it.) I F-.= Iggs I L01 I ILWO11 I Le 1p W-1 Document Number: 4438409 Version: I Page 283 of 441 Craig Dumart From: Craig Dumart Sent: Tuesday, September 20, 2022 11:12 AM To: Craig Dumart Subject: FW: Circulation for Comment - 490 Huron Road (OPA/ZBA) From: Eric Riek <Eric.Riek@kitchener.ca> Sent: Tuesday, September 20, 2022 11:03 AM To: Craig Dumart <Craig.Duma rt@kitchener.ca> Subject: RE: Circulation for Comment - 490 Huron Road (OPA/ZBA) Good Morning Craig, All submitted documentation is acceptable to Engineering and Kitchener Utilities in support of the OPA/ZBA. Eric Page 284 of 441 From: Nanning<planning@wcdsbza> Sent: Monday, September 2620224:5OPM To: [migDumart Subject: RE: Circulation for Comment 490Huron Road (OPA/ZBA) Attachments: RE: Notice of(Sp)Pre-submission Consultation Meeting Huron RdfkStrasburg Rd (intersection) Good Afternoon Craig, The Waterloo Catholic District School Board has reviewed the subject application and based on our development circulation criteria have no further comment(s)/condition(s) beyond those previously submitted for the pre -submission consultation. Those comments are attached to this e-mail. If you require any further information, please contact me by e-mail at Thank you, Jordan Neale Planning Technician, VVCDSB 480 Dutton Dr, Waterloo, ON N2L4C6 519-578-366Oext. 235S From: Christine Kompter<Chhstine.Kompter@kitchenecca> Sent: Thursday, August 25,2O224:42PM To: _DL_#—DSD_P|annin8<D6D-P|anningDivision@kitchenerza>;Bell - c/o VVSP<oircu|adons@wsp.comx;Darren Kroof <Darren.Knoof@khzhener.oa>;Dave Seller <Dave.SeUer@kitohenerza>;David Poeiz<David.Paet @khzhener.ca>;B|en Straus <B|en.Straus@kitchenerza>;Feds<vped@feds.ca>;Greg Reitze|<Greg.Reitze|@kitchenerza>;Hydro One - Dennis DeNanQo<|andusep|anninQ@hydruone.com>;Jim Edmondson <1im.EdmVndson@ki1chener.ca>;Justin Readman ~iustin.Readman@kitchener.ca>;Katherine Hughes <Katherine.Hughes@kkchener.ca>;K-VVHydro - Greig Cameron <gcameron@kwhydro.on.ca>; Mike Seiling <Mike.Seiling@kitchener.ca>; Ontario Power Generation <Executivevp.lawanddevelopment@opg.com>; Park Planning (SM) <Park.Planning@kitchener.ca>; Region Planning <P|anningApp|icahons@reQionnfwater|oo.co>;Property Data Administrator (SM)<PropDa1aAdmin@kitchener.cax; Robert Morgan <Robert.K4or8ao@ki1chenerza>;Steven Ryder <Steven. Ryder@kitchenerza>;Sy|vieEastman <Sy|vie.Eastmon@kitchener.ca>; P|anninQ<p|anning@vvcdsb.ca>; VVRDSB- Board Secretary /e|aine_burns@wrdsbza\ <e|aine_burns@wrdsb.ca>;VVRDGB P|annin8<p|anning@vvrdsb.ca> Cc: Craig Uumort<Crai8.Oumar1@kitchener.ca> Subject: Circulation for Comment - 490 Huron Road (OPA/ZBA) Caution - External Email -Thia 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 befound inAMANDA folders 22-119538&22-119542(City staff) Page 285 of 441 City of Kitchener OPA & ZBA Comment Form Project Address: 490 Huron Road Application Type: Official Plan Amendment & Zoning Bylaw 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: December 1, 2023 ❑ I plan to attend the meeting (questions/concerns/carr, ❑X No meeting to be held. o ❑ I do NOT plan to attend the meeting (no'cgncerns)'/ 1. Documents Reviewed: ® Architectural pa( ® Urban Design Bri ® Preliminary PedE EnvironmentalG 2. Site -S discussion) 3),;'-'p.. pared b `re Martin Simmons Sweers Y prepared by MHBC eI Wind Assessment (Sept 2023), prepare by Theakston Engineering ®. E;nhagced landscaping should be provided to screen any parking visible from the main roads. "salt and wind tolerant vegetations should be provided within the parking medians and amenity areas. ® Wind concerns identified by the Preliminary level wind assessment should be taken into consideration and included in the proposed design (i.e recessed entrances, overhead canopies, porous wind screens, raised planters with coarse vegetation and other features). ® Stepbacks for building 2 and 3 are strongly recommended to reduce scale of the building and to emphasize the ground level elements. In addition, it will help with any potential wind impact. ® It is highly recommended to integrate the amenity area within the buildings for more accessibility and functionality. The current design is isolated and is not very practical for tenants to use especially during the winter months. A City for Everyone Working Together— Growing Thoughtfully — Building Community Page 286 of 441 • More details are required for the landscaping area proposed at front. With removal of the amenity area, there are opportunities to create an active park on site. • Enhanced landscaping should be provided within the proposed 4.Om setback at the rear of the parking structure to screen parking from the public realm and the adjacent land uses. • Ensure entrances are clearly defined and emphasized through architectural elements that are clean, recognizable and appropriately scaled and detailed to suit the building mass. • Consider integrating roof top amenity area in the proposed roof deck parking to reduce the overwhelming amount of parking and to provide an aesthetically pleasing environment for the tenants. See below image below for more detailed comments. A City for Everyone Working Together — Growing Thoughtfully - Building Community Page 287 of 441 City of Kitchener - Comment Form Project Address: 490 Huron 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: September 26, 2022 Date of comments: September 26, 2022 1. Plans, Studies and/or Reports submitted and reviewed as part of a complete application: ® Sustainability Statement in Support of OPA and ZBA Applications, Lands Located at the Southwest Intersection of Huron and Strasburg Road, prepared by MHBC, dated August 3, 2022 2. Comments & Issues: I have reviewed the documentation (as listed above) to support an Official Plan Amendment and a Zoning By-law Amendment to develop the subject lands with a mixed use development regarding sustainability and energy conservation and provide the following: ® Based on my review of the supporting documentation, some sustainability elements are being proposed and the development is contemplated to meet or exceed the Ontario Building Code. ® 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 strongly suggested that the proposed development achieve more efficient standards than the minimum OBC requirements. ® A Sustainability Statement (as per the City's Terms of Reference) will be required as part of a complete Site Plan Application. ® As the project evolves through the detailed design process, more progressive energy conservation and efficient design elements should be incorporated. Potential items for consideration: o Electric vehicle charging stations o Community/ common gardens and urban agriculture o On-site composting o Green roofs 1Page Page 288 of 441 o Use of alternative water supply and demand management systems such as rainwater harvesting and grey water reuse o Use of alternative or renewable energy systems or the capacity to incorporate such systems in the future 3. Policies, Standards and Resources: • Kitchener Official Plan Policy 7.C.4.4. Development applications will be required to demonstrate to the satisfaction of the City, through the completion of a Sustainability Report/Checklist in accordance with the Complete Application Requirements Policies in Section 17.E.10, that the proposal meets the sustainable development policies of the Plan and that sustainable development design standards are achieved. • 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. Such studies may include, but not limited to an Energy Conservation Efficiency Study, a Feasibility Study for Renewable or Alternative Energy Systems, District Heating Feasibility Study, and the completion of a Sustainability Report/Checklist in accordance with the Complete Application Requirements Policies in Section 17.E.10. • 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 21 Page Page 289 of 441 From AlexanderSch|ote Sent Friday, September 2]'20229:56AM To: Craig Dumart Subject: 490 Huron road development You don't often get email from �is����I�l� IIJ Hello Craig, I am writing to you today about the planned development at 490 Huron Road. | must say |arndisappointed with the planned development, multiple high riSebuildingsinthis area does not suite the community and could pose safety risks for the near by residents. I live near the end of Templewood drive and can already tell you that cars like to whip around the intersestion where you plan to develop these buildings. Backing out of the driveway can also be a pain with the amount of traffic that goes through TeDlpleVVOOdout towards St[aU5hUrg, b«adding 5OOfresidents tOthe area will only makes things much worse. Currently this is a quiet community and one that my girlfriend and I are looking forward to raising a family here but not if we have high rises practically in our front yard. We have already had a lot of car break ins over the past few months inthe area, and unfortunately with what you are proposing tobuild will only attract further incidents. I understand that this area was always zoned for further development and I also understand the need for more affordable housing inour city. Rather than high rises |would beFAR more comfortable with housing similar tOwhat can be found at the north east corner nfFischer-Hallman and Huron road. Sinmer|y Page 290 of 441 From: Ne|S Sent Saturday, October 15,2O225:49PK4 To: CmigDumart Subject: Re: 490 Huron Road development You don't often get email hnn o. Hello Craig, I understand that you are the person to whom I should direct concerns regarding the proposed development at 490 Huron Road. I am concerned that the height of the building is not in keeping with the neighbourhood. Please keep me informed of any meetings. Ne|Qaher Page 291 of 441 You don't often get email f, Hello Craig, MAHERABDALLAH Sunday, February 4,2024 10:23 PM Craig 0umart n. Learn whv this is imoortant I'm writing to you on behalf of my wife, (Cinnamon) and myself. We recieved a Notice of public meeting in regards to the planned development at49OHuron Road. We are mortified, and extremely opposed to such a development being built here. The fact that such aproject iseven being considered inour residential neighbourhood, isappaUn8! |fvvewanted tolive with hi8hrisebuildings vvewould have built our home downtown. | used the notice that weredevedtmlook upthe details. Itseems that there was already ameeting inDecember about this, but we are receiving our first notice. I also plan to contact my councilor, but we would like you to let us know more about the current status of this proposed development, or tell us where we can see more info before the next meeting. Page 292 of 441 Craig Dumart From: John - Sent: Wednesday, September 21, 2022 2:05 PM To: Craig Dumart Subject: Notice of Application, 490 Huron Rd. You don't often get email from jvandonk@live.ca. Learn why this is important Good Afternoon Craig Dumart; Let me introduce myself, my name is John Vandonk, I am running for Councillor for Ward 4, Kitchener in the upcoming Municipal Election. l live ( which is not too far from this proposed development. While campaigning in the Templewood/Rush Meadow/Marl Meadow & Old Huron Rd. area of Ward 4, a Resident/Constituent provided me with a copy of a "Notice of Development & Feedback" card that they received in the mail concerning an Application for Development @ 490 Huron Rd., which is proposed for Ward 5 but is on the border of Ward 4. Many of these Residents/Constituents are strongly opposed to this development in their Neighbourhood, for numerous reasons! too have many concerns with regards to this proposal & I will list them below and why I do not support this development, in this area! Please note that I have viewed this area before writing this email! 1. 13 to 17 storey towers do not fit in with the current landscape of this area, as the current landscape consists of two storey homes or stacked homes/townhouses of 3 floors or less! 2. Current homeowners bought these homes over 10 years ago & if they wanted to live in a high-rise building area, they would have done so! Further, when they bought their homes, they were never informed that City plans for the area included high-rise buildings for this site or any site in the neighbouring area! 3. The landscape for this site slopes towards Strasburg Creek, which is at the back of the proposed site. Snow runoff in the spring would run into Strasburg Creek and cause severe damage to the creek, killing the creek & the species that inhabit the creek & the surrounding forest & green areas. As we all know snow runoff always contains; oil/gas/dirt & garbage mixed in with the snow from the vehicles using or parking on the site! 4. Proposed 5 free standing Commercial Buildings proposed for the site. I am sure that some of these businesses will include a fast-food restaurant or two, my concern is the amount of foot traffic these businesses will get from the students of Huron Heights, the roundabout @ Huron/Strasburg road's is quite busy already & would cause great danger & hazards to these students as well as the residents in these vehicles! 5. In & Out traffic from the site. I have viewed the site proposal & it looks like one entrance & exit from the site is proposed for Huron Rd.. The one exit onto Huron Rd. may require a left-hand turn (???) onto Huron Rd., with the current volume of traffic on Huron Rd, this proposal would be quite dangerous to the Public! The other exit is proposed for Strasburg Rd. right across from the Templewood/Rush Meadow/Marl Meadow & Old Huron Rd. neighbourhood, this could possibly cause hundreds of vehicles daily to use this neighbourhood as an alternative route to other parts of the Ward/area! Page 293 of 441 I have several questions with this development; 1. Has a Traffic Impact Assessment been prepared for this site/area? If so, could you please provide it to me, thanks. 2. How many floors of Underground parking is being proposed for each building? 3. Was there a different proposal submitted to the City for this site? If so, could you please provide it to me, thanks. 4. Has the Developer proposed what kind of businesses would be included in the 5 -stand-alone sites? 5. Has an Environmental Assessment been done for the site & surrounding area, including Strasburg Creek & the forest & green space surrounding the creek? If so, could you please provide it to me, thanks. Could you please advise me of any upcoming neighbourhood &/or public meetings concerning this proposal, thanks. Thanking you in advance for your attention & responses to my questions! Truly, John Vandonk Candidate, Ward 4 -Kitchener Page 294 of 441 Craig Dumart From: Kyle Bromhall Sent: Monday, November 20, 2023 2:09 PM To: Craig Dumart Subject: 490 Huron Road Development fjf You don't often get email from n. Learn why this is important Dear Mr. Dumart and Coun. Owodunni, I hope this email finds you both well. We are writing to voice our opposition to the proposed development at 490 Huron Road in Kitchener. We are residents of the adjacent neighbourhood, living at for the last nine years. To be clear, we are not opposed to the entire plan. We welcome some mixed-use development in our area, as there are limited opportunities within walking distance. We would support a scaled-back development. Our opposition to the proposed development rests on the fact that the neighbourhood cannot support such an influx of residents. There is a lack of supporting infrastructure, the increased vehicle traffic would overwhelm the neighbourhood, and it would degrade the quality of life for current residents. Further, it is inconsistent with other recent developments in this end of the city. Our more detailed reasoning follows. 1. Lack of Supporting Infrastructure There are not many opportunities for employment in the area around the proposed development. It is not a burgeoning industrial or commercial area. There are few small businesses. In short, this means that the new residents would not be working around here, and would thus have to commute. Given the lack of nearby transit, they will probably be driving. Nearby grocery stores are several kilometres away, and not easily accessible by city transit. There is only one small pharmacy within walking distance. For any essentials, they will have to leave the neighbourhood, and will likely be driving. Our public schools are already stressed. The nearby elementary schools already have class sizes at capacity, even with the construction of Oak Creek Elementary, which opened last year. Bus routes are already overloaded to the point of unreliability. The high school diagonal from the proposed development already has a small city of portable classrooms. If we assume that many of the new residents would have children, then they are adding to an already overloaded system. As we have not seen any proposals for another new elementary school and a new high school, adding a significant number of children to the area would likely result in even more portables—even at the newly -built Oak Creek—or a degraded learning experience for current and new residents due to inflated class sizes. There are no gyms, public libraries, coffee shops, soccer pitches, baseball diamonds, or open spaces nearby. The only nearby restaurant is a family-owned pizza shop, and the only convenience store & gas station is already extremely busy during peak hours. If the new residents want to do anything, they will have to leave the neighbourhood to do it. Simply put, the proposed development is inappropriate for the neighbourhood. The addition of so many residents would absolutely overwhelm all of the nearby services, and degrade the quality of life for all of those already living in the area. There is a plan for how the buildings are to be built; there is no plan for how residents are supposed to flourish. 2. Traffic Issues Page 295 of 441 The lack of supporting infrastructure near the proposed development means that an influx of residents brings a similar influx of vehicles. The neighbourhood cannot support the addition of that many vehicles. The area is already busy. Huron Road is the only road leading to Homer Watson, which is our only connection to the 401. Even the eventual extension of Strasburg Road will not ease this problem. Adding several hundred more vehicles to this area will just make an already busy road even busier. Further, these cars will need somewhere to park. Nearby roads are already overloaded. Cars are already parked on either side of Templewood Drive on weekday evenings. Ostensibly, the planned development would have its own parking. However, the same can be said about the 388 Old Huron Road development, and that has led to vehicles being parked all the way down Templewood Drive in both directions, with an overflow down Rush Meadow Street. Given that our court is at the end of the closest pedestrian walk-through to the planned development, we expect that it will become a parking lot for visitors and tenants who have more than one vehicle. Again, the proposed development is too much for our neighbourhood to handle. There are always more cars than planned, and there is nowhere for them to go without making everything more difficult for current residents. 3. Quality of Life The proposed buildings would completely dominate the neighbourhood. There is nothing else nearby that is even remotely close in sheer size. It is hard to believe that this one small area of land is so necessary for development that it needs to completely alter the character of the surrounding neighbourhood. Along with obscuring our views of Huron Natural Park and its environs, there would be a significant increase in noise and light pollution. With a proposed 760 units, we can safely assume that there will be a minimum increase of 1500 residents. This is not a number that our neighbourhood can absorb and maintain the same quality of life that residents have enjoyed for decades. The proposed development would make our neighbourhood a far less pleasant place to live. It would make extant problems even worse, and create new ones, with little -to -no benefit in return. 4. Comparisons The proposed development is inconsistent with other developments in the city. Developments of a similar size all had substantially more infrastructure and transit. Here are a few examples. The Fallowfield Towers (Block Line Road) are of a similar height to the proposed development. It is near the light rail transit and bus routes, giving it easy access to all of the businesses along Fairway Road. Within walking distance there are restaurants, a midsized pharmacy, a coffee shop, a gas station, a public library, Activa Sportsplex, Peter Hallman Ball Yards, and at least two parks. The Collegeview Commons (Pioneer Drive) are of a similar height to the proposed development. It is on a bus route that gives them easy access to Conestoga College and the businesses near the 401. It is within walking distance of Pioneer Park Plaza (which has a major grocery store, a major pharmacy, several restaurants, a dentist, pet supplies, a coffee shop, and more), Upper Canada Park, Biehn Park, Pioneer Park, Arrowhead Park, a community centre, and a public library. The development on Strasburg Road just up from Block Line Road is of a similar size to the proposed development. It is within walking distance of Forest Glen Plaza (major grocery store, major pharmacy, several restaurants, a gym, and other services), McLennan Park, and Lions Park. Through public transit, residents can easily access the Laurentian Power Centre (major grocery store, home goods store, office supply store, and so on) and the Alpine Shopping Centre. Page 296 of 441 All of these developments have substantial infrastructure within the neighbourhood that can support the large increase in residents. Our neighbourhood does not, and cannot. We would like to reiterate that we are not opposed to any development. We would welcome a development that is better suited to the area. In the spirit of compromise and cooperation, we would suggest a scaled-down development with no building exceeding five or six storeys in height, with no more than 150 residential units. The proposed development would overwhelm our neighbourhood and make it a much less enjoyable place to live. It would create problems that the City would then have to spend significant resources to solve. it has no benefit for current residents. As such, we ask that you reject the proposal, or amend it to be more suitable. Thank you for your time. Sincerely, Kyle & Kathryn Bromhall [sent to Coun. Owodunni via webform] Page 297 of 441 Craig Dumart From: Alicia Pokluda i> Sent: Monday, September 19, 2022 2:36 PM To: Craig Dumart Subject: Application for development of 490 Huron Road You don't often get email f-. -om. Learn_ why this is important City of Kitchener Attention: Craig Dumart Hello Craig Dumart My first reaction, to finding your postcard announcing the Application for Development of 490 Huron Road in my mailbox, was disbelief. I as most others in our Suburban Neighbourhood did NOT move here in order to be looking at 13-17 or 18 storey apartment towers. My next thought was the safety problem Huron High School Students already face a couple of times a day getting across the road in the roundabout traffic circle. Building apartment towers at 490 Huron Road means students will have to navigate TWO Pedestrian crossings in the roundabout should they end up living in any of those proposed towers. Many concerned parents are already bringing and picking up students by car daily and it is bedlam for other motorists in the area at those times. A very conservative addition of 600 extra cars resulting from the proposed application for development of said apartment towers alone is going to be very undesirable for safety reasons. FIVE freestanding commercial buildings would presumably bring extra traffic as well. Exactly what would those commercial buildings be housing? All the extra NOISE and POLLUTION this undesirable development will create also need to be addressed both during construction, which will take years as well as once all the units will be occupied. Imagine all the heavy equipment including cranes and trucks of all kinds etc etc coming into this area daily for years. THINK of what you want to impose on our Natural Areas and a large residential neighbourhood. Are the developer and the planners forgetting that we have a creek adjacent to 490 Huron Street??? The environment must be considered and protected because way too much damage has already been done in this area. As per present road design there will only be one entrance into the development coming from the Robert Ferris Road and one way to exit, which depending where a person is going would take him or her in through the roundabout. The Constant flow of speeding vehicles coming through the roundabout needs to be mentioned as well as the FACT that Firetrucks often come through the same roundabout and for them time is of the essence. Assuming some families ending up in those proposed towers might have young children needing to get to daycare, kindergarten, or public school; they would have to be driven to the new school in ward 5 because I am sure no parent would want them to walk. A further serious concern in the neighbourhood is: Would those apartments be for sale or for rent? I understand that developers need to make money however the land in question is not the right place for what is being proposed. The damage this development would do to the surrounding natural areas and neighbourhood in general is most unfortunate and irreversible. As for people already making their homes in the area the towers would be an unavoidable eye sore day and night. Page 298 of 441 For the above mentioned reasons along with many others, I strongly object to the application for this development at 490 Huron Road. I am quite sure a Neighbourhood meeting will be required and that it needs to be scheduled after the election. Alicia Pokluda (Ward 4) Page 299 of 441 Craig Dumart From: Yvonne Fernandes Sent: Wednesday, September 7, 2022 10:01 PM To: Craig Dumart Subject: RE: Application for Strasburg and Huron You don't often get email from com. Learn why this is important Hi Craig, Thank you for your response to my inquiry. I have to state that 18 stories for that location is completely inconsistent with area zoning of 12 stories. I know the process of developers asking for amendments and trying to pack in more density then many residential areas are comfortable with. While I was on Council, I worked with Julianne, some residents in both Ward 4 and 5 as well as the Ward 5 Councillor. We were negotiating and working with Paul Britton who was representing Hallman Developments on some land that was east of the Strasburg Road extension. The original plan was for 12 plus story towers on a small sliver of land that would back onto the forest. Newcastle residents would be looking at a multiple towers instead of the forest view that they paid additional lot prices for. Through negotiations the decision was to reduce the heights and add in townhomes instead. The density although not as high as towers certainly will fit in better with the existing community and was much more palatable for the residents. I believe that we can sit down and have these kinds of open discussions again and find a better solutions than towers that are like silos where it is difficult to feel connected with community. I look forward to more conversations and the public open house. Community Liaison Doon Pioneer Park Community Association Former City of Kitchener Councillor Ward 4 2010-2018 Follow your dreams of a better world, and keep on hying, even when there seems to be little hope, because it is the right thing to do." Robert Alan Sent from Mail for Windows 10 From: Craig Dumart Sent: September 6, 2022 12:25 PM To: Subject: RE: Application for Strasburg and Huron Page 300 of 441 Hi Yvonne, Thank you for providing comments. A neighbourhood meeting has not been scheduled yet, I anticipate one will after the election. The subject lands at 490 Huron Road are currently zoned to allow a mixed use high rise development with buildings up to 12 storeys in height and the current land use designation, allows for a floor space ratio of 4.0. What the applicant is requesting is to. increase the building height from 12 storeys to 18 storeys and regulate the FSR at 3.0. What that means is they are proposing taller more slender buildings (3 buildings, up to 18 storeys in height) rather than 4-5 buildings all 12 storeys in height across the site. This parcel of land has always been intended for a mixed use development and the existing land use designation and zoning were approved by the Ontario Land Tribunal. A parking reduction has not been requested and a Transportation Impact Assessment has been prepared in support of the proposed applications. If you wish to discuss further in advance of a public neighbourhood meeting please let me know and we can set up a time to discuss. Craig Dumart, BES, MCIP, RPP Senior Planner I Planning Division I City of Kitchener (519) 741-2200 ext 7073 1 TTY 1-866-969-9994 1 craia.dumartp_kitchener.ca IF! 11 1111 11 Cv'P79?Si$ �e From: Garett Stevenson <Garett.Stevenson@kitchener.ca> Sent: Thursday, September 1, 2022 1:48 PM To: 1I.com om>; Craig Dumart <Craig.Dumart@kitchener.ca> Subject: RE: Application for Strasburg and Huron Hello, Circling in Craig Dumart who is the file planner and can advise. Thanks, Garett From ail.com> Sent: Thursday, September 1, 2022 11:43 AM To: Garett Stevenson<Garett.Stevenson@I<itchener.ca> Subject: RE: Application for Strasburg and Huron 11 You don't often get email from J why this is important Page 301 of 441 I hope that you have been able to enjoy some time away this summer! It has been a glorious summer for those of us who enjoy the heat! I noticed in the Record today an article by Brent Davis about a proposal for 3 highrises and some townhomes at the corner of Strasburg and Huron. I believe this is land that is owned by Hallman and was originally planned for a gas station and is located beside the church. If I am incorrect then can you clarify? If it is the land across from the high school with frontage on mainly on Huron then I will express some serious concerns about ingress and egress onto Huron at that location. The roundabout is challenging at regular times but even more so during school start and closing. The speeds that approach the roundabout are always significantly higher than the posted SO km ( although I don't have a speed odometer with me) I get the sense when I am on my bike that it is uncomfortably high and challenging to cross. The article noted that there will be public information meetings. With the election only 2 months away I hope no meeting will be planned during this time. Can you give me a sense of when a PIC will be planned? As you can expect, I do have significant questions related to this development. Although the land has sat empty for decades and I have always expected something will be built, the density proposed is significantly higher than I believe the zoning allows. I look forward to hearing from you at your earliest convenience either by response to this email or via a phone call. I have included my cell phone number below Community Liaison Doon Pioneer Park Community Association Former City of Kitchener Councillor Ward 4 2010-2018 Follow your dreams of a better world, and keep on trying, even when there seems to be little hope, because it is the right thing to do." Robert Alan Sent from Mail for Windows 10 1-1 Virus -free. www.avg.com Page 302 of 441 From: Tylor Schuessele < - I..._....__ Sent: Friday, September 2, 2022 9:39 AM To: Craig Dumart Subject: 490 Huron Road I You don't often get email from com. Learn why this is important Hi, As a homeowner just down the road from this proposed development (Tweedsdale Street), I would probably be one of the most affected by this project, and I just, wanted to reach out in support of -the proposal. Seeing something finally corning from the empty plot of land at the edge of our community would be greatly appreciated. I saw in a "the record" article that the commercial aspect is still evolving, but I wanted to also express my support for a large commercial presence there (such as restaurants / fast food, shops, or even a small grocery store) in addition to the residential. It would be a great addition especially right next to the highschool. Parks would also make a great addition to the space. Thanks for reading my feedback, Tylor Schuessele Page 303 of 441 From: Carlos Martins ' > Sent Tuesday, September 62O222:1SPM To: Craig Duma/t; Kelly GaUVway-5eolock Subject: Regarding the Development 490 Huron Road You don't often get email from Hello K4yname iSCarlos Martins, and | live in - j\and | came across this flyer informing about a development in our neighbour of 3 towers, 547 residential units. I'm extremely concerned about this project as we are a neighborhood of houses, and with some green areas such as Huron Conservation Area and Strasbourg Creek. These 3 towers are just not a good fit for many reasons: -Scenery: itwill destroy the view and the green area vvehave, 8Smore people will betransiting inthose areas. -T[aDSii:very busy transit, especially with the school ODthe other side Ofthe street. -Unsustainable: 547 units. If we put 2 people living per unit, it is a total of 1094 in addition to all residents that are already living in the area. This dOenstsound sustainable atall to me. -Price of the area: this might bring a negative impact in the price of the properties in the area. This is the only property | have, and |clOntwant tosee itgoing down. | hope you can reconsider this project asitisin3ppropriatefOriheanea.Thi5should be developed in Carlos Martins. Page 304 of 441 Craig Dumart From: Sheree Schlote < > Sent: Monday, August 29, 2022 6:26 PM To: Craig Dumart Subject: Development at Huron Rd. And Strasburg Rd. [You don't often get email from ! _ o...-il.com. Learn why this is important at https:Haka.ms/LearnAboutSenderidentification ] > Dear Craig, Kelly and Andrea: > I am emailing you to put forth my complaint about the proposal at 490 Huron Rd. The amount of traffic that will develop because of the 547 residents will be horrendous with an already busy road. There is new development all the way up Huron Rd to Fischer Hallman Rd with family dwellings and an increase in traffic. The Huron High School is kitty corner to this proposed development and during the school year there are many busses and students that will add to the busyness of this area. Students already line up to go to the gas station down the road to buy their lunches. With commercial business also included in the proposal you will have students now crossing the busy road. I already find it dangerous as a pedestrian who lives in the area to cross at the roundabout in morning traffic. Coming around the corner they cannot see you properly and many cars break hard to come to a stop causing cars behind them to do the same to avoid an accident. I feel this would be very unsafe for students who may get careless and not even cross at the round about causing further accidents. This property should only be consider for low rise residential dwellings lessoning the impact on an already busy area. > Sincerely, > Sheree Schlote > Please > Sent from my iPad Page 305 of 441 You don't often get email from Drew Kemp Wednesday, September 7,2O225lVPK4 Craig Dunnart;Kelly Gal oway'Sealock 49UHURON RD iirom. I would like to appeal the development at 490 Huron Rd. The residents in this quiet community purchased houses near green space areas including Huron Natural Area and Strasburg creek for a reason. The residents of the nearby communities do not want towering sky scrapers next to them peering into back yards and windows. The schools cannot support the surge of high density housing. This will also generate a lot of traffic and noise from the development. Is there any on-going appeals to prevent this development from destroying the quiet Huron Page 306 of 441 From: Sent Sunday, September 11,2O22319PK4 To: CsigDunnert Subject: 490 Huron Road You don't often get email hon `m. Learn Ahy this is i VVerecievedthe application for development at490Huron Road. We are strongly AGAINST a building ofthis size in this area. The safety of our kids is the main point. 10 years ago we were able to walk with our kids to access the Huron trail by crossing at the Huron Strasburg roundabout. Due to the HEAVY increase in traffic we are no longer able to walk this roundabout at certain times of day. We are worried about the amount of traffic this will cause in such a small area making it impossible for us to use the trails etc in our area. This area has beautiful trails and woodlands which will be destroyed by the construction of such a large build! The noise has increased an incredible amount on strusburg road and worry this will only increase. Once again weare strongly AGAINST the building ofsuch amagnitude. Thank you for your time. Scnt/rommyBell bsdevice over Canada's largest n,/work. Page 307 of 441 From: ieprofr ' Sent Monday, September 12'202211:58AM To: Kelly GaUwway-Sealock; Craig Duma/tasindair@mhbcp|an.cum Subject: 490 Huron You don't often get email from zom. Learn why is is im ortant Hi Your plan has some major inconvenieces and doesn't address the real needs of society today and future. 1. 547 families will dangerously increase the trafic at roundabout. This would rise the accidents on hight school students who cross the roundabout tonearby high school. 2. The proposed small business locations (like pizza, subway), isabsolutely ine|evantand unhelpful to locals. Similar empty business is already on Buttler and Huron. Small businesses will be closed during the pandernic and empty locations will be a congregation place for junkies, a source of noise for those 547 families, and crime. 3. You have to seriously and responsible think to infrastructure overload: electricity,water, sewage. |amnot sure Uyou remember Strassburg rd nearby sinkhole. How are you going to address the increase number of EVs? Where are you going to charge future 500-1000EVs? The energy shortage will come to Canada soon. Are you proposing blackouts like in California orlow heat like inEU? inconclusion | would suggest tVbuild achildren hospital and aco|ege trade camp. VVeneed more care now that rniocarditisravages the young generation. That may correct the outdated Canadian health and bring more hospital beds to level of civilized countries. VVeneed more plumbers, bricklayers, electricians. Is time to seriously think to younger generation and be prepared for the future needs Vfsociety. Don't build empty buildings like in China! Thank you for your consideration, |u|ian Profir Sent hmmmyGalaxy Page 308 of 441 You don't often get email from kce Hello Craig, Ke|k+[e|inaBakes _ Saturday, September 1l2O226:43PK4 [naigDumart 490 Huron Road /icnm. Myfamily and neighbours are not interested inthe 3, 17storey buildings you are trying toplace inour neighbour hood and backyard. It'll basically be tall enough to see into our yards and remove the privacy of us and so many of our neighbours. If Theirs anyone I need to message to stay updated on this matter or anything else needed from me please let me know. Thanks, KeUyCe|inaBatres, Page 309 of 441 From: AmbedvBeckzomx Sent: Sunday, September 25,20229:O9PM To: Craig Dunnart Kelly Galloway-Sea|ock; asindair@mhbcp|an.com Subject: Against the development in the Huron/Strasburg area You don't often get emai|hnmn. Good evening, I am emailing about the proposed developement at Huron Rd. and Strasburg Rd. in Kitchener. When I received the notice in the mail my first thought was "I guess we are moving". I am extremely against this development for a number of reasons. My husband and I moved into this neighborhood in 2019, and any day now we are expecting our second child. As it is, this neighborhood is much too busy with traffic and constant noise. The immense high density housing that is going in around the Oak Creek School is alarming by itself, but add three apartment buildings is just the worst thing that could happen to this neighborhood. We moved to the suburbs for a reason, and it is slowly being taken away. I want my children to be able to ride their bikes or walk to the playground without being worried they will be hit by a car. The roundabout at Strasburg and Huron is busy enough, but add 500+ residential property vehicles and I honestly don't want to think about the amount of accidents that will happen. I am also concerned for the wildlife that is being pushed and killed off by the constant construction and developement of the area. The animals have no where to go, and it just breaks my heart thinking about all the deer and other wildlife that won't be able to thrive with the never-ending construction happening in this area. Overall, this is devastating and I hope it never comes to pass because it would ruin our sense of safety,kill the wildlife and be a massive eye sore. This is NOT the area for three massive apartment buildings. Amber|yBeck Page 310 of 441 From: Matthew Beck _ n> Sent Sunday, September 25,20229:29PK4 To: Craig Dumort; Kelly GaUoway-Sealock Subject: 490 Huron Road You don't often get email hnn ea�wh 1h Good evening, |amwriting toexpress my objection Lothe development ofthe mixed use towers being proposed at49OHuron Rd. This is already a densely populated subdivision, with housing construction continuously under development. The addition of these buildings will add further stress to the environment and desirability of the area. To begin with, my family will be able to see these buildings from our backyard, and they will cast a shadow over our house asthe Sun sets. Traffic and noise has already dramatically picked up in the area and the roundabout at Huron & Strasburg, that connects many of the students to Huron -Heights high school, is becoming dangerous for children crossing. This subdivision has been popular with younger families to raise children because it is quiet, safe, and has good proximity to schools and green space; namely Strasburg Creek and the Huron Natural area. The addition ofthese buildings will add to noise, traffic, a reduction of green space, increased litter (a huge problem here with new residents, garbage thrown out of car windows and full bags dumped in the Creek, never saw that 3 years ago), decreased privacy (a 17th floor would look down on a lot of kids in swimming pools), a ruined skyline and an increased populous incompatible with the current residents. People move tmthe suburbs to not be around apartment buildings. Please build these urban buildings in an urban setting, and instead, plant trees in this lot to replace the thousands cut down in this area over the last 3 years. Page 311 of 441 Craig Dumart From: allan regala � o.com> Sent: Monday, September 26, 2022 9:41 AM To: Craig Dumart; Kelly Galloway-Sealock Subject: 490 Huron Road Development - Feedback [You don't often get email from a _ i. Learn why this is important at https://aka.ms/LearnAboutSenderidentification ] Good day, I am a nearby resident of the proposed development along Huron Road and would like to put in some feedback on this. The main reason why the Huron area stands out as one of the most attractive place in the Waterloo region is the fact that it is a quiet location and very close to nature with lots of green spaces. Recent developments in the surrounding area have already contributed to the deterioration of the traffic situation and having this new Huron development will further add to this issue and will make the area no different to other locations. We would like our kids to enjoy the quiet environment in the area and the less traffic stress as they grow up without worrying about their safety while walking/crossing on the roads. It is somehow ironic too that we are building new condo/apartment units perhaps for people that are coming to the Waterloo region particularly in the kitchener area while the issue of homelessness/camping out of people in parks and streets seems to be getting worse. With the above issue mentioned, I am currently NOT IN FAVOR of the proposed development. Best Regards, Allan Regala Sent from my iPhone Page 312 of 441 From: JORDAN BROWN ~ Sent: k4onda�September 262O22(�18PK4 To: Craig Dumert Subject: 490 Huron Development You don't often get email frnm szum. Hello Craig, We have concerns with the proposed development on the corner of Strausburg and Huron Road. VVewish tobe included in future meetings with the neighbourhood regarding this application for development. Thank you, Annette 8'Jordan Brown Page 313 of 441 Craig Dumart From: Sangita Bijukuchhay Sent: Tuesday, September 27, 2022 1:10 AM To: Craig Dumart Subject: Regarding we want to hear from you [You don't often get email from om. Learn why this is important at https://aka.ms/LearnAboutSenderidentification ] Hello! Sorry for late response as I was away from country. I live in & this lot is back of my home. I do not agree with the application for development in our neighbourhood because it's just by Huron natural area. Deers travel from Strasburg creek to Huron Natural area. We need open land not buildings. Thanks, Sent from my iPhone Page 314 of 441 From: Scully ` Sent: Thursday, December 7,20234:17YM To: Craig Dumart 0 You don't often get email from dcoza. LLuEa��LhLis is important OiCraig. lwas listening tothe meeting last night oothe phone while o0'douehterwas playing hnckevatachva arena. I was muted being on the phone line so I did not have a chance to participate. I am concerned with this 4 building proposal in my neighborhood. I moved to this area because there were no large building complexes. These building will beaueye sore and stick out like asore thumb! There are uoother tall standing structures iothis area at all! When I sit in my back yard I don't want to see 4 tall buildings. These rental properties will only bring down all the property values aswell asiorrcosedyorkiogbyviskors1oLhatproperLya)ooOouroeighbnchoodstrentsoo matter what they say, most high rise developments never get the parking spot numbers right. These building do not fit into this area or this neighborhood. I believe this development will have a negative effect on all neighborhoods inour area. Sent from my BlackBerry — the most secure mobile device — via the Rogers Network Page 315 of 441 From: k4anpreet5ekhon Sent Saturday, February 3, 2024 5:06 PM To: [raigDumart Subject: Not happy with this development You don't often get email from Hello there, I m resident of Huron area, where the new building development is coming. I was asked if we are happy with this development. Huron road area is already fully developed and congested. We are already facing same issues, so we are not happy with this new development. Small house and condos will best option for that area, this isjust nn/opinion. Sent from Yahoo Mail for Whone Page 316 of 441 From: [ame|iaOmpan * _ Sent Tuesday, September 20,2O228i)3PM To: CmigDumah Subject: 490 Huron Development- concerned neighbour You don't often get email from c mrn why th�is is �im oLtant Hi Graig, | would like to express my real concern regarding the 3 HIGH RISE buildings that are supposedly being built in our neighborhood. All ofuswill beaffected by: -noise from traffic increase -environmental impact onthe nature around ( pond with fish nearby) -our house values will decrease inour neighbourhood -condensed and limited parking space around the neighbourhood - statistically speaking possible increase in crime, petty thefts etc / as pert«/mediabocia| media resources from previous developments) -we paid premium money to be in a residential area when we bought our houses ( we understand that the lands need development but isthere away tocut from the floor space? ) I am just one of the many residents that are not HAPPY and CONCERNED with this development. Thank you for taking in consideration OUR NEIGHBOURHOOD CONCERNS and helping our neighbourhood to come to a better solution for this issue. Kind regards, CorinoC Page 317 of 441 Staff Report Development Services Department www.kitchener.ca REPORT TO: Planning and Strategic Initiatives Committee DATE OF MEETING: February 26, 2024 SUBMITTED BY: Garett Stevenson, Director of Housing and Development Approvals, 519-741-2200 ext. 7070 PREPARED BY: Brian Bateman, Senior Planner, 519-741-2200 ext. 7869 WARD(S) INVOLVED: Ward 3 DATE OF REPORT: January 26, 2024 REPORT NO.: DSD -2024-011 SUBJECT: Official Plan Amendment OPA23/010/H/BB and Zoning By-law Amendment Application ZBA23/006/H/BB and Draft Plan of Condominium Application 30CDM-23204- 980 and 1018 Hidden Valley Road & Lot 7 Plan 1519, being Parts 1, 2 & 3 on 58R-15977; Plan 58M-422 Block RECOMMENDATION: That Official Plan Amendment OPA23/010/H/BB for Evaya Developments Inc. requesting a site specific amendment be added to Hidden Valley Policy 15D.12.2 and be adopted in the form shown in the attached Official Plan Amendment attached to Report DSD -2024-011 as Attachment `A', and accordingly be forwarded to the Region of Waterloo for approval; That Zoning By-law Amendment Application ZBA23/006/H/BB for Evaya Developments Inc.be approved in the form shown in the `Proposed By-law' and `Map No. 1', attached to Report DSD -2024-011 as Attachment `B'; and further That the City of Kitchener, pursuant to Section 51(31) of the Planning Act R.S.O.1990, c.P.13, as amended, and By-law 2005-170 as amended by By-law 2007-042, herebygrants draft approval to Draft Plan of Condominium Application 30CDM-23204, in the City of Kitchener, subject to the conditions shown in Attachment `C'. REPORT HIGHLIGHTS: The purpose of this report is to evaluate and provide planning recommendations regarding the Official Plan Amendment and Zoning By-law Amendment and Draft Plan of Condominium (Vacant Land) applications requested by Evaya Development Inc. for the subject lands. It is Planning staffs recommendation that these applications be recommended for approval. Community engagement included: o Circulation of a preliminary notice postcard to owners and occupants within 240m of the subject lands; o Installation of notice signs on the lands; o Virtual neighbourhood meeting held on June 21, 2023; *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 318 of 441 o Postcard advising of the statutory public meeting was circulated to all property owners and occupants within 240 metres of the subject lands, those who responded to the preliminary circulation, and those who attended the neighbourhood meeting; and, o Notice of the public meeting was published in The Record on February 2, 2024. This report supports the delivery of core services.These applications were deemed complete on June 1, 2023. This is not a Bill 109 application. The Applicant can appeal these applications for non -decision at any time. EXECUTIVE SUMMARY: The subject lands are in the southeast part of the City of Kitchener, south of Highway 8 and north and west of the Grand River. The subject lands, located in the Hidden Valley community, are situated south of Hidden Valley Road and have an area of 3.315 hectares (Figure 1). Most of the subject lands are vacant, except for the property municipally addressed as 1018 Hidden Valley Road, which is developed with a single -detached dwelling. It will eventually be demolished. The dwelling is currently being leased on a one-year term ending this April. Moving forward it will be month to month until the start of demolition with 3 months' notice. The proposal is a Vacant Land Condominium (VLC) comprised of 26 lots (units) and common elements comprised of a private roadway. Access to the residential units will be provided through a private condominium road with two points of vehicular connection to Hidden Valley Road and pedestrian connection to both Hidden Valley Road and River Birch Street. To facilitate the proposal, an OPA and ZBA are required that would permit `RES -1' zoning under Zoning By-law 2019-051 to allow the development of 26 lots (unit areas). Planning staff recommends approval of these applications. BACKGROUND: The subject lands are owned by Evaya Development Inc. and comprise 3.3 hectares of primarily vacant land on the southside of Hidden Valley Road, between River Valley Drive and Hidden Valley Crescent (Figure 1). One single detached dwelling is located on the subject lands, and is proposed to be demolished (1018 Hidden Valley Road). The subject lands have frontage onto both Hidden Valley Road and River Birch Street. The owner is proposing to create condominium units (lots), re -designate, and rezone the lands, creating a total of 26 single detached dwellings on full municipal services (see Figure 2). Municipal servicing will be provided to fully service the development via River Birch Street. The 26 lots will front onto a private (common elements) roadway. Page 319 of 441 Figure 1 — Subject Lands The subject lands are C-shaped and generally slope down from west to east as shown on Figure 3. The subject lands are covered mostly in meadow perennials and small deciduous shrubs. Trees are generally located along the periphery of the subject lands, on adjacent properties within 6 metres of the property boundary of the subject lands, and/or are shared boundary trees located on property lines. The surrounding development is large lot residential. The lands are within the Built-up Area of Kitchener, are designated `Low Rise Residential' with an area specific policy for lot sizes of 0.4 hectares and a 4 units per hectare and are presently zoned `Residential One Zone (R-1)' in Zoning By-law 85-1. The subject lands are located within the Hidden Valley Land Use Master Plan (HVCP) (approved in 2019) and are designated Low Rise Residential — Large Lot. This designation would permit single detached dwellings and additional dwelling units on minimum lot sizes of 24 metres wide and 929 square metres on full services. This property is the dividing or transition line between Residential -Large Lot and Residential -Estate in the HVCP. In response to comments received through staff/agency and community consultation, the following revisions have been incorporated: The minimum side yard setback between dwellings and side lot lines are proposed at 2.0 metres and front yard setback at 4.5 metres. These regulations are established under Site - Specific Provision (389) in the attached Proposed By-law under By-law 2019-051; Changes have been made to the grading approach to protect boundary trees and provide more untouched rootzone to ensure their survival. These changes have been implemented on the south, east and internal lot boundaries with 996 Hidden Valley to preserve all noted boundary trees on these borders. This is reflected in the updated Tree Management Plan; The re -alignment of the main driveway on the west side was considered but a review of site lines dictates that it must remain where it was originally proposed. However, proposed grades around the main entry have been adjusted to preserve tree 113 (large Sugar Maple), and a letter from the neighbouring property owner to the west has been obtained having no concerns about the removals being proposed; Page 320 of 441 CY ca cc n a: 0 Figure 1 — Subject Lands The subject lands are C-shaped and generally slope down from west to east as shown on Figure 3. The subject lands are covered mostly in meadow perennials and small deciduous shrubs. Trees are generally located along the periphery of the subject lands, on adjacent properties within 6 metres of the property boundary of the subject lands, and/or are shared boundary trees located on property lines. The surrounding development is large lot residential. The lands are within the Built-up Area of Kitchener, are designated `Low Rise Residential' with an area specific policy for lot sizes of 0.4 hectares and a 4 units per hectare and are presently zoned `Residential One Zone (R-1)' in Zoning By-law 85-1. The subject lands are located within the Hidden Valley Land Use Master Plan (HVCP) (approved in 2019) and are designated Low Rise Residential — Large Lot. This designation would permit single detached dwellings and additional dwelling units on minimum lot sizes of 24 metres wide and 929 square metres on full services. This property is the dividing or transition line between Residential -Large Lot and Residential -Estate in the HVCP. In response to comments received through staff/agency and community consultation, the following revisions have been incorporated: The minimum side yard setback between dwellings and side lot lines are proposed at 2.0 metres and front yard setback at 4.5 metres. These regulations are established under Site - Specific Provision (389) in the attached Proposed By-law under By-law 2019-051; Changes have been made to the grading approach to protect boundary trees and provide more untouched rootzone to ensure their survival. These changes have been implemented on the south, east and internal lot boundaries with 996 Hidden Valley to preserve all noted boundary trees on these borders. This is reflected in the updated Tree Management Plan; The re -alignment of the main driveway on the west side was considered but a review of site lines dictates that it must remain where it was originally proposed. However, proposed grades around the main entry have been adjusted to preserve tree 113 (large Sugar Maple), and a letter from the neighbouring property owner to the west has been obtained having no concerns about the removals being proposed; Page 320 of 441 • The owner has agreed to prepare and implement a Planting Plan for the hedgerow along the eastern property boundary. The goal is to have the hedgerow reinstated post grading/construction, the hedgerow area is to be planted with a mix of native trees, shrubs, grasses, and flowers to contribute to the aesthetics of the landscape, consistent with (or improvement) the hedgerow on the adjacent property to the west; and • The owner has further agreed to prepare and implement a tree replacement plan. The plan shall identify opportunities for planting of native plant species, on common and/or private properties within the development, with the objective of increasing the tree canopy coverage and adding visual barriers between properties. A�. r!� � i a � _ rrraur:W v,r,. .. . ,P..r r }J��'•tn.. o, S 4 a r• ryra Y v / — f ! / J' , r.. b, @ i I r, j r Aden vau F1 vac ' DRAFT PLAN OF vaaaN7 r.awt kr{.,Ng irkrRer CONDOMINIUM Figure 2 — Proposed Draft Plan of VLC Page 321 of 441 Figure 3 — Aerial View of Subject & Surrounding Lands REPORT: Planning Analysis: Planning Act, R.S.O.1990, c. P.13 25. Section 2 of the Planning Act establishes matters of provincial interest and states that the Minister, the council of a municipality, a local board, a planning board and the Tribunal, in carrying out their responsibilities under this Act, shall have regard to, among other matters, matters of provincial interest such as, f) The adequate provision and efficient use of communication, transportation, sewage and water services and waste management systems; g) The minimization of waste; h) The orderly development of safe and healthy communities; j) The adequate provision of a full range of housing, including affordable housing; k) The adequate provision of employment opportunities; p) The appropriate location of growth and development; q) The promotion of development that is designed to be sustainable, to support public transit and to be oriented to pedestrians; r) The promotion of built form that, (i) Is well-designed, (ii) Encourages a sense of place, and (iii) Provides for public spaces that are of high quality, safe, accessible, attractive and vibrant; s) The mitigation of greenhouse gas emissions and adaptation to a changing climate. Page 322 of 441 These matters of provincial interest are addressed and are implemented through the Provincial Policy Statement, 2020, as it directs how and where development is to occur. The City's Official Plan is the most important vehicle for the implementation of the Provincial Policy Statement, 2020 and to ensure Provincial policy is adhered to. Provincial Policy Statement, 2020: The PPS provides policy direction on matters of provincial interest related to land use planning and development. As a key part of Ontario's policy -led planning system, the Provincial Policy Statement sets the policy foundation for regulating the development and use of land. Section 3(5) of the Planning Act requires that a decision of the council of a municipality shall be consistent with the policy statement 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 while supporting the viability of rural 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 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." Policy 1.1.2 requires that sufficient land shall be made available to accommodate an appropriate range and mix of land uses to meet projected needs for a time horizon of up to 25 years, informed by provincial guidelines. The PPS notes that settlement areas are 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; and Page 323 of 441 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. Further, policy 1.1.3.2 states that land use patterns within settlement areas shall also be based on a range of uses and opportunities for intensification and redevelopment in accordance with the criteria in policy 1.1.3.3, where this can be accommodated. Policy 1.1.3.3 requires that Planning authorities (such as the City of Kitchener) 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. The subject lands are located within Community Areas of the City's Urban Structure. The planned function of Community Areas is to provide for residential uses. The proposed development must be sensitive to and compatible with the character, form and planned function of the surrounding context. These lands are planned for residential development through the Hidden Valley Master Plan that was approved by Council in 2019. A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 (Growth Plan): Part of the Vision of the Greater Golden Horseshoe (GGH) is to ensure municipalities have sufficient housing supply that reflects market demand and what is needed in local communities. Two of the guiding principles of the Growth Plan are to prioritize intensification and higher densities in strategic growth areas to make efficient use of land and infrastructure and support transit viability and to support a range and mix of housing options, including second units and affordable housing, to serve all sizes, incomes, and ages of households. To support the achievement of complete communities, municipalities will consider the use of available tools to require that residential communities incorporate a mix of unit sizes to accommodate a diverse range of household sizes and incomes. Policy 2.2.2.1.a) requires that a minimum of 50 per cent of all residential development occurring annually within the Region of Waterloo be within the delineated Built -Up Area. Municipalities must support housing choice through the achievement of the minimum intensification and density targets established in the Growth Plan by identifying a diverse range and mix of housing options and densities to meet the projected needs of current and future residents. The Growth Plan's strong emphasis on optimizing the use of the existing urban land supply represents 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 directs Planning authorities in the Region of Waterloo to plan for a population of 923,000 people and 470,000 jobs by 2051. This would mean a population increase of approximately 299,070 in comparison to the Region's 2020 population of 623,930. The forecasted growth to the 2051 horizon is allocated to each municipality in the Region based on the following considerations: the vast majority of growth will be directed to settlement areas that have a delineated built boundary, have existing or planned municipal water and wastewater systems, and can support the achievement of complete communities. As one of three cities in the Region, it can be expected that Kitchener will be allocated a significant amount of the additional population allocation. The development of the subject lands with a more intense residential use within the City's delineated Built -Up Area, represents intensification and will help the City to meet density targets. Page 324 of 441 MTSA and Urban Corridors are planned to accommodate additional housing opportunities that will make use of existing infrastructure and support the viability of existing transit. Housing policies of the Growth Plan support the development of a range and mix of housing options that serves the needs of a variety of household sizes, incomes and ages. The Growth Plan notes that complete communities should be designed to meet people's needs for daily living throughout an entire lifetime by providing convenient access to an appropriate mix of jobs, local services, public service facilities, and a full range of housing to accommodate a range of incomes and household sizes. Complete communities support quality of life and human health by encouraging the use of active transportation and providing high quality public open space, adequate parkland, opportunities for recreation, and access to local and healthy food. Complete communities support climate change mitigation by increasing the modal share for transit and active transportation and by minimizing land consumption through building compact, mixed-use communities. The proposed development is described as a large lot, wide -shallow configuration, in a compact urban form considered low density. It is also in a condominium form of tenure. These type of units are a different housing choice but the housing form will be similar to what's existing that will cater to upper end of the housing market consistent with the existing surrounding pattern of development. Planning staff are of the opinion that the recommended applications 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 designated Built -Up Area in the ROP. Regional staff acknowledge that 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. This development shall contribute to the intensification target of 60% within the City of Kitchener's Built -Up Area. Furthermore, the Designated Greenfield Area is intended to develop in a manner that is compact and efficient and designed in a manner that contributes to the 15 -minute neighbourhood. Regional staff acknowledge that the subject lands are to be connected to municipal water and municipal sanitary services from River Birch Street and that the proposed unit sizes represent a more compact form. Through the review of the applications, the Region of Waterloo has no objections to the proposed Zoning By-law Amendment or Draft Plan of Condominium, subject to certain conditions of Draft Approval (see Attachment 'C'). City of Kitchener Official Plan: Urban Structure The subject lands are located within the Community Areas in the City's Urban Structure (Map 2 of the 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 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. Existing and Proposed Land Use Designation The subject lands are designated `Low Rise Residential' in the 2014 Official Plan. The Low Rise Residential land use designation permits a full range of low-density housing types which may include single detached dwellings, semi-detached dwellings, street townhouse dwellings, and low- rise multiple dwellings. The Low Rise Residential land use designation considers a Floor Space Ratio up to 0.6 and allows a maximum building height of 3 storeys or 11 metres. The proposal is for the development of 26 single detached lots (unit areas) in a VLC. Page 325 of 441 Because of the estate lot nature of the area, Hidden Valley policies under 15D.12.2 of the Official Plan establish a maximum density of 4 units per hectare where municipal servicing is provided. The proposal is for 8 units per hectare by proposing lot sizes that are 24 metres wide and 928 square metres in area; hence the reason why an OPA is required to allow for the proposed lot sizes. A Master Plan (MP) for Hidden Valley was approved by Council on June 24, 2019 (see Figure 4). It proposes to designate the subject lands Low Rise Residential — Large Lot. The Low Rise Residential — Large Lot designation would allow for the lot sizes of 24 metres wide and 929 square metres in area. Moreover, this designation is consistent with the existing Kruse and Shoufta subdivisions located immediately south and west of these lands which also have lots with widths of 24 metres and are zoned 'R-2' under Zoning By-law 85-1. The intent of the 2019 MP is to guide future land use for the Hidden Valley Secondary Plan. The proposed OPA implements the direction of the MP on lands targeted for large lot residential development on full municipal services. Figure 4 — Hidden Valley Master Plan [..._ LvaR—Raotde9ntlal-Estero L. Wye ReI.dentlydl- Large Lot � f Ne,41.1e1 Rist Residontlal High Rise Reai l.,Ael Mixed Use Cammeroiel Business Park Employment Major Int—truvnure k Utilities Natural Nentage conserva0on Open sp— ill �pccliie Policy Area r. 1 �C,ommranlry and Vns(1Wt{nnal uses also allorwcrd 2A and 2B. Subled to ragulbhon and Writ— study 3. Soorrs noighbourhood con,nercial uses also alto, A. Carpaikbll4ty Of sensitive uses Lend Use Master Plan Boundary Coommf unity c;eteviey a 5 Mlnutle Walkng Data,— train Cantle ) 00m Potsnt.1 Tiraill—d L.oations D Proposed P'ark1and (NP} Neighbourhood Park ,Fina) Unten Green Propiosed Roads FNddear Valley Road! Realignmom `Lrxel Stneet. Heritage Corddor Exlsdng ' Potential(Lomfion to be delonrined) Nese,: 1. Potion. of River Rd vvctea5slon, WjbanaNil Dr avid fiu 9ra¢b f5r may he reor:rtma:tl The proposed development will provide for an additional mix and choice of housing as contemplated in the Official Plan. It makes efficient use of lands within the Urban Boundary while maintaining the larger lot character of the area. When factoring in this development, the density overall of the Hidden Valley residential area remain low at less than 4 units per hectare which is in keeping with policy 15D12.2. 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. Lot sizes and shapes are consistentwith those existing in the subdivisions to the south and west of the subject lands that are municipal services. Lot sizes in the subdivision to the east are larger because those lots are on individual private services (septic systems). The proposal would facilitate large lot single detached dwellings which is the predominant land use in the area, while allowing for compatible intensification in a different form of tenure (condominium). Page 326 of 441 Natural Heritage The subject lands do not contain any designated Natural Heritage Features or Significant Wildlife Management areas according to Map 6 of the Official Plan. As such, an Environmental Impact Study is not required. However, since development is being proposed and there are trees and vegetation present, policy 8.C.2.16 applies requiring the preparation of a Tree Management Plan (TMP). To this end, A TMP was submitted in support of the applications, and it has been reviewed and accepted by City Environmental Planning staff, subject to conditions as part of the Draft Approval of the Vacant Land Condominium and future Site Plan Approval. Cultural Heritage Hidden Valley Road has been identified as a heritage corridor and as a Cultural Heritage Landscape. The proposed vacant lot condominium is not anticipated to have a major impact on the scenic qualities of Hidden Valley Road. Existing and recent developments on this section of Hidden Valley Road provide some continuity along the street in terms of context, location and setting (i.e., wide lots with significant frontage and street facing dwellings). The aim is to maintain the current rural -like setting and character along Hidden Valley Road. To that end, staff are requesting that proposed dwellings to be located on units 1 and 26 address Hidden Valley Road through the use of traditional architectural elements such as entry doors, wrap around porches of a useable dimension, fenestration and other elements which suggest an "eyes on the street" design. Urban Design The objective of the proposed development is to introduce an urban form in the Hidden Valley communitythat complements surrounding residential development. Single detached dwellings are proposed on lot sizes (unit areas) like adjacent `R-2' zoned properties. It is recognized that detached dwellings are on large lots and is the predominant built form in the community. This development represents gentle density and designed to accommodate sufficient setbacks from adjacent development that respects the existing development pattern of adjacent lands. Architectural style and building materials will compliment adjacent development and will be considered at the Building Permit stage. The existing tree edge will be maintained and enhanced through additional plantings to minimize the potential for overlook. The proposed units (lots) have depths to mitigate potential overlook impacts, and lots are designed to rear -face with existing dwellings. The single -detached homes will have entrances oriented towards the street to create an active street frontage. Units 1 and 26 will be given special consideration as priority lots given their dual frontage on the private condominium road and Hidden Valley Road, respectively. Section 11.1 outlines the objectives for urban design in the City of Kitchener. The proposal supports the City's overarching design objectives of the Official Plan by proposing a residential development that will reflect a high standard of design excellence; has an identifiable sense of place; and is human -scaled, safe, secure and walkable. Moreover, Section 11.C.1.1 of the Official Plan notes that the City will require high quality urban design in the review of all development applications through the implementation of the policies of this Plan and the City's Urban Design Manual. The Neighbourhood Design and Site Design policies are most relevant to the proposed development. In support of the proposal, the applicant has submitted an Urban Design Brief to outline how the design achieve the objectives of the OP have been met. The Brief has been reviewed by staff and staff is satisfied the proposal meets the intent of the objectives for urban design. Site Plan Approval The applicant will be required to submit and obtain approval of a site plan application for the VLC. Details such as servicing, landscaping, lighting, design, will be evaluated extensively through this Page 327 of 441 process and will require the owner to enter into a Section 41 Agreement with the City. This process will occur if land use approvals are achieved and prior to registration of the condominium plan. Policy Conclusion: Planning staff is of the opinion that the proposed Official Plan Amendment and Draft Plan of Condominium are consistent with policies of the Provincial Policy Statement, conform to the Growth Plan for the Greater Golden Horseshoe, the Regional Official Plan and City of Kitchener Official Plan, and represent good planning. Proposed Zoning By-law Amendment: To facilitate the VLC, the applicant has requested a Zoning By-law Amendment (ZBA) to change the zoning of the subject lands from Residential One Zone (R-1) under Zoning By-law 85-1 to Low Rise Residential One Zone (RES -1) with Site -Specific Provision (389) under Zoning By-law 2019- 051. This approach tailors the zoning to the proposed development concept on municipal services and requires a 2.0 metre interior side yard setback (as -of right is 3.0 metres) as a compromise to what residents were asking for and desire of the owner. Staff support the side yard to promote wider spacing between dwellings that is prevalent in the surrounding neighbourhood that are R-2 zoned lands. Additionally, the owner is requesting a 4.5 metre front yard setback that is consistent with the approved R-2 zoned lands of the Shoufta and Kruse plans to the east and south of the subject lands. Of note, there are no site specific regulations in Zoning By-law 85-1 for the side yard or front yard setbacks for the Shoufta and Kruse subdivisions. The R-2 zoning only allows for 1.2 metre side yards and 4.5 metre front yard setbacks. A comparison of the current, proposed base zoning, and requested Site Specific Provision is included below: Planning staff recommends that the Zoning By-law Amendment be approved as shown in Attachment `B'. Department and Agency Comments: Preliminary circulation of the Official Plan Amendment, Zoning By-law Amendment and the Draft Plan of Condominium (Vacant Land) was undertaken in June 2023 to applicable City departments and other review authorities. All concerns were satisfactorily addressed through the application review. A consolidation of Department and Agency comments has been included as Attachment `E'. The following reports and studies were considered as part of this proposed Official Plan/Zoning By- law Amendments and Draft Plan of Condominium: Page 328 of 441 Current R-1 Zone (By-law 85-1) Proposed RES -1 (By-law 2019-051) Site Specific Regulation Provision 389 Minimum Lot Area 0.4 ha 929 square metres No change Minimum Lot Width 30.0 metres 24.0 metres No change Minimum Front Yard 7.5 metres 6.0 metres Proposed at 4.5 metres Minimum Side Yard 3.0 metres 3.0 metres Proposed at 2.0 metres Minimum Rear Yard 10 metres 7.5 metres No change Maximum Building Height 10.5 metres 11.0 metres No change Maximum Lot Coverage Total: 55%, Habitable: 45% 55% No change Minimum Parking for Single Detached Dwelling 1 space per dwelling unit Section 6 1 space per dwelling unit Section 5 No change Planning staff recommends that the Zoning By-law Amendment be approved as shown in Attachment `B'. Department and Agency Comments: Preliminary circulation of the Official Plan Amendment, Zoning By-law Amendment and the Draft Plan of Condominium (Vacant Land) was undertaken in June 2023 to applicable City departments and other review authorities. All concerns were satisfactorily addressed through the application review. A consolidation of Department and Agency comments has been included as Attachment `E'. The following reports and studies were considered as part of this proposed Official Plan/Zoning By- law Amendments and Draft Plan of Condominium: Page 328 of 441 Community Input & Staff Responses iTA no FAA l r "Ift�s 85 households (occupants and property owners) were circulated d and notified within a 240m radius. Supporting documentation and ,I i any updated material placed on City's website (Story Map) Approximately 18 people/households provided written comments plus received a 100+ name Petition 'a�11JN1��'�If�i A City -led Neighbourhood Meeting was held on June 21, 2023 that was well attended by the neighbourhood In response to community circulation related to the proposed applications, Planning staff received written responses from 18 households. These are found in Attachment `F'. A summary of what staff heard from the community regarding the proposal, along with staff responses, are noted below: What Staff Heard from the Community Staff Response Parking Concerns: The Zoning By-law does not require visitor parking for single • Concern that the proposal detached dwellings. Visitor parking will be accommodated does not have visitor parking. within the driveway or potentially on the private common element roadway, subject to any future condominium by- laws and/or regulations. • Concern that insufficient Staff do not foresee significant spillage issues onto parking for proposed neighbouring streets. However, on street parking on development will overflow Riverbirch Street or Hidden Valley Crescent would be vehicles onto Riverbirch permitted subject to the City's On -street Parking By-law. Street. Neighbourhood Character The proposal would facilitate the development of single Concerns: detached dwellings which are the predominant land use in • Concern that proposed the surrounding neighbourhood. Lot widths are a minimum development will change of 24 metres wide and 929 square metres in a more existing neighbourhood compact urban form. Many of the lots are of a wide shallow character. variety but are large enough to accommodate large homes with two and three garages. Side yard setbacks have been proposed at 2 metres viewed as a compromise to what residents' were asking for versus what the owner would like to see. This has been incorporated in the zoning. • Concern that proposed The proposal is asking for a density permission of 8 units development will not match per hectare whereas the OP policy is 4 units. The HVMP existing low density was approved in 2019 recommending a Low Rise neighbourhood character. Residential — Large Lot designation for the subject lands. This would permit larger lots with 24 metre frontages and Page 329 of 441 929 square metres of lot area. The VLC would meet those lot size requirements. Although the density proposed is 8 units per hectare, the overall density of the Hidden Valley residential community inclusive of this development would remain low at approximately 3 units per hectare. Therefore, the intent of the policy of 4 units per hectare is being maintained. This is consistentwith Policy 15D.12.2 of the OP. Policy 4.C.1.22. of the Official Plan states that "The City will encourage the provision of a range of innovative housing types and tenures such as rental housing, freehold ownership and condominium ownership including common element condominium, phased condominium and vacant land condominium, as a means of increasing housing choice and diversity." In this case, a new and innovative approach to providing housing is proposed for the area: constructing single detached dwellings on units within a vacant land condominium, on a common element road. The proposal is consistent with this policy. • Property value 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. • House sizes According to the developer, house sizes on these lots will be quite large, will vary depending on the size of lots and will be custom built and in keeping with house sizes on existing lots within the Kruse and Shoufta subdivisions. • Fencing Staff is recommending that any rear lot line fencing adjacent to 996 Hidden Valley be consistent and of one material to address the owner's concern. • Mailbox Locations Canada Post (CP) indicates mail delivery will be to a centralized mailbox within the development. Location to be determined at the detailed design stage of the VLC. CP has final say regarding the location. • Snow stoarge Preliminary snow storage locations have been shown on the plan. These will be assessed further as part of the Site Plan Approval stage. Neighbourhood Safety Concerns: Hidden Valley Road is a rural cross-sectional roadway and Concern about the lack of is designated a heritage corridor. While the City has an infill road upgrades/sidewalks sidewalk policy, there is no short-term plan to upgrade the along Hidden Valley Drive. roadway to an urban cross section with curb and sidewalk. Page 330 of 441 • Concern that increased traffic Transportation Services staff has advised that they have no and street parking will impede concerns with the proposed development from a safety access to emergency (sight lines) and traffic impact perspective. services. Environmental Concerns: • Concern of impact to trees. Tree removal mitigation measures are being implemented through condition(s) of development (i.e., a Planting Plan for the hedgerow along the eastern property boundary, and an ecologically sound tree replacement plan identifying opportunities for planting of native plant species, on common and/or private properties within the development, with the objective of increasing the tree canopy coverage and adding visual barriers between properties). • Concern of impact to wildlife. Significant Wildlife Habitat is not present on the subject properties. To mitigate potential impacts to wildlife, measures are implemented through condition(s) of development (i.e., barrier fencing (e.g., silt fence) may be used to direct wildlife away from active construction, and timing restrictions on vegetation removal can be implemented to avoid disturbance to breeding birds and/or bats). • Concern of impact to Jefferson Salamander (Federal and Provincial Species at Jefferson Salamander habitat Risk) - Suitable habitat for the Jefferson Salamander within Hidden Valley is entirely north of Hidden Valley Road. Overlook/Loss of Privacy It is acknowledged this proposal will result in new homes backing onto existing homes located on River Birch Street and Hidden Valley Crescent. However, this will be rear yard to rear yard which is a typical condition in an urban/suburban subdivision context. Staff is not concerned overlook will cause unacceptable visual impacts given homes will be setback a minimum of 7.5 metres from rear property lines resulting in a visual separation. Moreover, existing trees along these property boundaries are to remain and staff are recommending that additional trees/vegetation be planted to provide further visual screening. Staff does not support the erection of wall as a form of screening. Drainage The condominium will be engineered to not direct drainage • Concern that given existing to abutting property. Furthermore, drainage plans will be grades of the property, reviewed by City Engineering staff prior to any final drainage from the approvals being granted. development will impact adjacent properties. Schools According to the school board, children from the area will be bussed to Howard Robertson PS (Junior Kindergarten to Grade 6); Sunnyside PS (Grade 7 to Grade 8); and Eastwood Cl (Grade 9 to Grade 12). Page 331 of 441 Planning Conclusions In considering the foregoing, Planning staff supports the Draft Plan of Condominium (Vacant Land) and associated Zoning By-law Amendment and Official Plan Amendment. 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. Staff recommends 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 — The recommendation has no impact on the Operating Budget. These applications were received prior to July 1, 2023, and therefore not subject to fee refund provisions in the Planning Act. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Council / Committee meeting. A large notice signs was posted on the subject lands and information regarding the applications was posted to the City's website in June 2023. Following the initial circulation referenced below, an additional postcard advising of the statutory public meeting was circulated to all residents and property owners within 240 metres of the subject lands, those who responded to the preliminary circulation, and those who attended the Virtual Neighbourhood Meeting on September 20, 2022. Notice of the Statutory Public Meeting was also posted in The Record on February 2, 2024 (see Attachment `D'). CONSULT — The applications were circulated to occupants and property owners within 240 metres of the subject lands in June 2023. In response to this circulation, staff received written responses from 18 households, which are summarized as part of this staff report. PREVIOUS REPORTS/AUTHORITIES: Page 332 of 441 R-1 vs R-2 Zoning Hidden Valley residential areas are presently zoned either `R-1' or `R-2' in Zoning By-law 85-1, depending on whether the lot is municipally serviced or partially serviced (water) with a septic system. The latter are zoned 'R-1' as a septic system requires a larger lot to be compliant as opposed to fully serviced lots which can be smaller. Historically, the area was zoned `R-1' because full services were unavailable. It is intended that all lots within Hidden Valley will eventually be zoned `RES -1' in Zoning By-law 2019-051, according to the 2019 HVMP. Staff is recommending that the subject development be zoned 'RES -1' with site specific regulations. 'RES -1' reflects large lot zoning with a minimum of 24 metres of frontage and 929 square metres. This development will be fully serviced. Planning Conclusions In considering the foregoing, Planning staff supports the Draft Plan of Condominium (Vacant Land) and associated Zoning By-law Amendment and Official Plan Amendment. 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. Staff recommends 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 — The recommendation has no impact on the Operating Budget. These applications were received prior to July 1, 2023, and therefore not subject to fee refund provisions in the Planning Act. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Council / Committee meeting. A large notice signs was posted on the subject lands and information regarding the applications was posted to the City's website in June 2023. Following the initial circulation referenced below, an additional postcard advising of the statutory public meeting was circulated to all residents and property owners within 240 metres of the subject lands, those who responded to the preliminary circulation, and those who attended the Virtual Neighbourhood Meeting on September 20, 2022. Notice of the Statutory Public Meeting was also posted in The Record on February 2, 2024 (see Attachment `D'). CONSULT — The applications were circulated to occupants and property owners within 240 metres of the subject lands in June 2023. In response to this circulation, staff received written responses from 18 households, which are summarized as part of this staff report. PREVIOUS REPORTS/AUTHORITIES: Page 332 of 441 • 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 • City of Kitchener Zoning By-law 85-1 REVIEWED BY: Tina Malone -Wright, Manager, Housing and Development Approvals 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 — Recommended Conditions of Draft Plan of Condominium Approval Attachment D — Newspaper Notice Attachment E — Department and Agency Comments Attachment F — Community Comments Page 333 of 441 AMENDMENT NO. TO THE OFFICIAL PLAN OF THE CITY OF KITCHENER CITY OF KITCHENER 980 and 1018 Hidden Valley Road Part of Lots 3 and 4, RCP 1519 Condominium Application 30CDM-23204 Page 334 of 441 AMENDMENT NO. TO THE OFFICIAL PLAN OF THE CITY OF KITCHENER CITY OF KITCHENER 980 and 1018 Hidden Valley Road INDEX SECTION 1 TITLE AND COMPONENTS SECTION 2 PURPOSE OF THE AMENDMENT SECTION 3 BASIS OF THE AMENDMENT SECTION 4 THE AMENDMENT APPENDICES APPENDIX 1 Notice of the Meeting of Planning and Strategic Initiatives Committee of February 26, 2024 APPENDIX 2 Minutes of the Meeting of Planning and Strategic Initiatives Committee — February 26, 2024 APPENDIX 3 Minutes of the Meeting of City Council — Page 335 of 441 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. 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 add anew site-specific policy within Policy 15.D.12.2 -Hidden Valley to permit these lands which are proposed to be connected to a municipal wastewater system and which are within Draft Plan of Vacant Land Condominium Application 30CDM-23204 to have a minimum lot width of approximately 24.0 metres and a minimum lot area of approximately 929 square metres. SECTION 3 — BASIS OF THE AMENDMENT The subject lands are designated Low Rise Residential with Area Specific Policy 15.D.12.2 in the 2014 Official Plan. These policies state that where a municipally -provided wastewater collection system is available, only single detached and duplex dwellings are permitted, to a maximum net residential density of 4 units per hectare. Any such development must be compatible with the estate lots in the Hidden Valley Residential Community. The applicant is requesting an Official Plan Amendment to add new site-specific policy v) to Specific Policy 15.D.12.2 - Hidden Valley. Specific Policy Area 2 on Map 5 applies to the whole of the Hidden Valley Community. However, wording within the requested new specific policy would ensure that only lots within Draft Plan of Vacant Land Condomium 30CDM-23204. The proposed amendment would facilitate the above noted subdivision and is consistent with associated Zone Change Application ZBA23/010/H/BB. This amendment also implements the Low Rise Residential — Large Lot designation of the Council approved Master Plan for Hidden Valley. This designation proposes minimum lot widths of 24 metres and minimum lot area of 929 square metres. Planning staff is of the opinion that the amendment would allow development that is compatible with the estate lots in the Hidden Valley Residential Community. Additionally, all lots would be on full municipal services. The density for the entire residential area of Hidden Valley inclusive of the subject lands and number of units proposed is approximately 3 units per hectare. Therefore, the intent of the policy to establish 4 units per hectare is being achieved. Moreover, densities as measured by net residential dwelling units per net hectare are guidelines for the preparation of Secondary and Community Plans and are not meant to apply to individual developments, according Policy 15D.3.6. of the Official Plan. Page 336 of 441 The amendment as proposed herein is consistent with the objectives of the Provincial Policy Statement and Places to Grow - Growth Plan for the Greater Golden Horseshoe, which both promote the creation of livable, sustainable and complete communities through efficient development patterns and an appropriate mix of land uses. Furthermore, the Official Plan Amendment conforms to the Regional Official Plan. SECTION 4 — THE AMENDMENT 1. The City of Kitchener Official Plan is hereby amended as follows: a) Part D, Section 15.D.12.2.a) is amended by adding section 15.D.12.2.a) v) as follows: 15.D.12.2 a) v) Notwithstanding Policy 15.D.12.2.a) iii), on lands municipally addressed as 980 and 1018 Hidden Valley Road and subject to Draft Plan of Condominium 30CDM-23024, having a connection to a municipally -provided wastewater collection system, these lands will a minimum lot width of approximately 24 metres and a minimum lot area of approximately 929 square metres. 4 Page 337 of 441 APPENDIX 1 Notice of the Meeting of Planning and Strategic Initiatives — February 26, 2024 Page 338 of 441 APPENDIX 2 Minutes of the Meeting of Planning and Strategic Initiatives — February 26, 2024 Page 339 of 441 APPENDIX 3 Minutes of the Meeting of City Council Page 340 of 441 Attachment B PROPOSED BY — LAW January 16, 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 — Evaya Development Inc. — 980 and 1018 Hidden Valley Road) WHEREAS it is deemed expedient to amend By-law 85-1 and By-law 2010-051 for the lands specified above; NOW THEREFORE the Council of the Corporation of the City of Kitchener enacts as follows: 1. Schedule Number 242 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, in the City of Kitchener, attached hereto. 2. Schedule Number 242 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 242 of Appendix "A" to to By-law Number 2019-051 is hereby amended by adding thereto the lands specified and illustrated as Area 1 on Map No. 1, in the City of Kitchener, attached hereto, and by zoning the lands specified and illustrated as Area 1 as Low Rise Residential One Zone (RES -1) with Site Specific Provision (389). 4. Zoning Grid Schedule Number 242 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 Number 2019-051 is hereby amended by adding Site Specific Provision (389) thereto as follows: "(389). Notwithstanding Section 7.3 of this By-law, within the lands zoned RES -1 and Page 341 of 441 shown as being affected by this subsection on Zoning Grid Schedule Number 242 of Appendix "A", the Minimum Interior Side Yard Setback shall be 2.0 metres and Minimum Front Yard Setback to a habitable portion shall be 4.5 metres." 5. This By-law shall become effective only if Official Plan Amendment No. _ (980 and 1018 Hidden Valley Road) comes into effect, pursuant to Section 24(2) of The Planning Act, R.S.O. 2024. 1990, c. P.13, as amended. PASSED at the Council Chambers in the City of Kitchener this day of , Mayor Clerk Page 342 of 441 Z ^ � o a r LU rn � O W Z N o E W ^ N Z 0 N Z z ry NN WO Q Q WZ O W Z -1 m LO m m m 0 LO 0 � NN Q 00 N z Z = m QW a0� Z Zaf W Q O O W Z of W N N ❑ W U } U) p �� 2 -j 0 Wad o�zLu cn LU z CO w O p z m Q n�LU—io � NN 0 �v _z M O) z H W_ N z��Lu W W ocn ? Z Z Q C h N Q Z ❑ J CO� J Q J Q a Z Z rn LLu0QO d' Z X N O m Q /L^+a W LL, 00U W Z❑❑ NO �JWZ N N O V W m WWQ❑O2❑ H> aQOO��a(n ZLQU W z V) Q' Z O z QQLL❑H�❑ i N N N} W m Q d of of m of O U L L~ N(n0Y Q CC G �_ W ' (Jvd W Z �o 1 U W > O 1 ^ N ` S Q U) N Z ~ d ¢ J 4-0 Lu Lu ' �� w W VVVVVIVII a a O LU w Z U ❑ ' Z IL ' uulppl O LL T T N O 1 � r co 4 _ 1 T 1 n ppppl o (VO 1 1111 W �, mi Lo o W � Q O W O ::) 2�2 Z Q C) W LO m uuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuum T � b J W Q � _ (1) 0 L 1 d } 1 Q ~l Z U w 1 00�d T Syl� N nDH w d' T N . z W g = O ti 1 77b N ' �ll O J N CL 00 N� W % > 1 G N W� Q W Z r ' A, >v.acl /LIP CV 0 Q W ❑ 1 t w I a_ RIVER VA "ii EY DR 00 1 uuuluuullluum ---- LJ,J _o uuuumN ' N ....,. ^ VVVVVVVI y = v ' d O ao rn Attachment C DRAFT APPROVAL OF CONDOMINIUM 30CDM-23204 980 and 1018 Hidden Valley Road & Lot 7 Plan 1519, being Parts 1, 2 & 3 on 58R-15977; Plan 58M-422 Block 59 Evaya Development Inc. CONDITIONS OF DRAFT APPROVAL The Kitchener City Council, pursuant to Section 51(31) of the Planning Act R.S.O. 1990, c.P.13, as amended, and By-law 2005-170 as amended by By-law 2007-042, of the City of Kitchener, hereby grants draft approval of Condominium Application 30CDM-23204 for the property municipally known as 980 and 1018 Hidden Valley Road in the City of Kitchener, subject to the following conditions: That this approval applies to Draft Condominium 30CDM-23204 owned by Evaya dated April 14, 2023 proposing a Vacant Land Condominium Plan for 3.315 hectares of land comprised of common elements, 26 units and a road widening: Units 1-26: Residential vacant land condominium units for single detached dwellings (26 units; total of 2.729 hectares). Common Elements: Private Road, walkway, emergency access, servicing, landscaped area, snow storage area, (total of 0.581 hectares). Road Widening: 0.005 hectares dedication to City of Kitchener 2. That the final plan shall be prepared in general accordance with the above noted plan, with a copy of the final plan being approved by the City's Director of Development and Housing Approvals. 3. That prior to registration, the Owner obtains approval from the City's Chief Building Official and Director of Development and Housing Approvals for the following: A. An addressing plan showing the proposed units with Condominium Unit Numbering; B. A summary table containing the proposed Condominium Unit Numbering and assigned municipal addresses; and. C. A Private Street Naming request. 4. That the Condominium Declaration proposed to be registered (the "Declaration") or any amendment thereto to effect the registration of a condominium phase shall be submitted for approval to the City's Director of Development and Housing Approvals and Regional Municipality of Waterloo's Commissioner of Planning, Development and Legislative Services. The said Declaration shall contain: i) Provisions, to the satisfaction of the City's Director Development and Housing Approvals and Regional Municipality of Waterloo's Commissioner of Planning, Development and Legislative Services, regarding ownership details and rights and obligations for common elements including, but not limited to, access lanes, sanitary, storm and water services, gas utilities and open space/amenity areas, if any. In addition, the Declaration shall contain specific provisions 4 ii) through 4 vii), as outlined below, to the satisfaction of the City's Director of Development and Housing Approvals. Page 344 of 441 ii) That the condominium corporation agrees to maintain the subject lands in compliance with the registered Site Plan Agreement. iii) Provisions that obligate the condominium corporation to be created upon the registration of the Declaration and Description (the "Condominium Corporation") to implement and maintain any Region required salt management plan related to winter snow and ice clearing obligations of the Condominium Corporation; iv) Provisions that obligate the Unit Owners of the condominium plan to implement and maintain any Region required salt management plan related to winter snow and ice clearing obligations of the said Unit Owners. v) Provision that requires Unit Owners 16 — 26 to have one common fencing material along the shared rear property line with 996 Hidden Valley Road. vi) Acknowledgement that Units 1 and 26 are corner lots along a heritage corridor and any dwellings shall be designed to address Hidden Valley Road through the use of traditional architectural elements such as entry doors, wrap around porches of a useable dimension, fenestration and other elements which suggest an "eyes on the street" design. vii) That the following provision be included from the WRDSB: a. Despite the best efforts of the Waterloo Region District School Board (WRDSB), the accommodation in nearby facilities may not be available for all anticipated students. You are hereby notified that students may be accommodated in temporary facilities and/or bussed to a school outside the area, and further, that students may, in future, be transferred to another school. b. For information on which schools are currently serving this area, contact the WRDSB Planning Department at 519-570-0003 ext. 4419, or email planning@wrdsb.ca . Information provided by any other source cannot be guaranteed to reflect current school assignment information. c. In 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 the congregated bus pick-up point. 5. That the Owner provide a written undertaking directed to the City's Directorof Development and Housing Approvals to register a Condominium Declaration which shall include the approved provisions as required in condition 4 hereof. 6. That the Owner provide a written undertaking directed to the City's Directorof Development and Housing Approvals advising that the new home purchasers will be advised in Offers of Purchase and Sale of the location of Centralized Mailboxes. 7. That the Owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property to the satisfaction of the City's Revenue Division. 8. That the Owner shall make arrangements for the granting of any easements for utilities and municipal services. The Owner agrees to comply with the following easement procedure: Page 345 of 441 3 a. For any of such easements that are not blanket easements covering the whole property to provide drafts of any required reference plan(s) portraying the proposed easement(s) location for written approval by the City's Director of Development and Housing Approvals prior to the registration thereof showing the proposed location of such easements and to circulate such draft reference plan(s) for comment to Enova Power Corp., and any telecommunication companies and the City's Director of Engineering Services to ensure that there are no conflicts between the desired locations for utility easements and those easement locations required by the City's Director of Engineering Services for municipal services. b. if utility easement locations are proposed within lands to be conveyed to, or owned by the City, the Owner shall obtain prior written approval from the City's Director of Development and Housing Approvals; and C. to provide to the City's Director of Development and Housing Approvals a clearance letter from each of Enova Power Corp. and the telecommunications company (ies) (if any) supplying telecommunication services to the property. Such letter shall state that company in question has sufficient wire -line communication/telecommunication infrastructure available within the proposed development and have received all required grants of easement, or alternatively, no easements are required. 9. That the Owner shall submit to the City of Kitchener a Letter(s) of Credit to cover 100 percent of the remaining cost of all outstanding and/or uncertified site development works to the satisfaction of the City's Director of Development and Housing Approvals. If the approved condominium plan is to be phased according to the Act, the outstanding and/or uncertified site development works in question shall be only those outstanding and/or uncertified site development works within the lands to be included in the condominium plan by the upcoming registration in question. i) The Letter(s) of Credit shall be kept in force until the completion and certification of the required site development works in conformity with their approved designs. If a Letter(s) of Credit is about to expire without renewal thereof and the works have not been completed and certified in conformitywith the approved designs, the City may draw all of the funds so secured and hold them as security to guarantee completion and/or certification, unless the City Solicitor is provided with a renewal of the Letter(s) of Credit forthwith. ii) In the event that the Owner fails to complete the required site development works, to the satisfaction of the City's Director of Development and Housing Approvals, then it is agreed by the owner that the City, its employees, agents or contractors may enter on the lands and so complete and/or certify the required site development works to the extent of the monies received under the Letter(s) of Credit. The cost of completion of such works shall be deducted from the monies obtained from the Letter(s) of Credit. In the event that there are required site development works remaining to be completed, the City may by by-law exercise its authority under Section 326 of the Municipal Act to have such works completed and to recover the expense incurred in doing so in like manner as municipal taxes. iii) Other forms of performance security may be substituted for a Letter(s) of Credit, at the request of the owner, provided that approval is obtained from the City Treasurer and City Solicitor. Page 346 of 441 4 10. That prior to registration, the Owner shall provide documentation indicating that any required visitor parking, barrier free parking, rights-of-way for access and easements for servicing, including the maintenance thereof, have been provided over the lands included in preceding registrations as well as any adjacent development lands which are included in this application to the satisfaction of the City's Director of Development and Housing Approvals. 11. That prior to registration, all properties are merged on title, or the Owner provides evidence to the satisfaction of the City Solicitor (which may, without limitation, take the form of a solicitor's firm undertaking) that upon initial registration that all properties shall be merged on title, with no separate mortgages, liens or other encumbrances that would have the potential effect of separating the properties without a Planning Act decision to the satisfaction the of the City Solicitor and Director of Development and Housing Approvals. 12. That prior to registration, a Site Plan Application receives final Site Plan Approval, to the satisfaction of the City's Director of Development and Housing Approvals. 13. That prior to registration, the Owner agrees to prepare and implement a Planting Plan for the hedgerow along the eastern property boundary to the satisfaction of the Director of Development and Housing Approvals. The goal is to have the hedgerow reinstated post grading/construction, the hedgerow area is to be planted with a mix of native trees, shrubs, grasses, and flowers to contribute to the aesthetics of the landscape, consistent with (or improvement) the hedgerow on the adjacent property to the west. 14. The SUBDIVIDER agrees to prepare and implement an ecologically sound tree replacement plan to the satisfaction of the Director of Development and Housing Approvals. The plan shall identify opportunities for planting of native plant species, on common and/or private properties within the development, with the objective of increasing the tree canopy coverage and adding visual barriers between properties. 15. That prior to registration, the Owner shall ensure that the Condominium Declaration includes the following wording to advise all purchasers of residential units and /or renters of the same: "In 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. " 16. That prior to registration, the Owner shall enter into an agreement with the City of Kitchener, to be registered on the title of the property that implements the following: "All agreements of purchase and sale or leases for the sale or lease of a completed home ora home to be completed on the property must contain the wording set out below to advise all purchasers of residential units and/or renters of same: `In 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. ' Page 347 of 441 17. That the Owner/Developer agrees to phase/stage development of this condominium in a manner satisfactory to the Commissioner of Planning, Development and Legislative Services and the City of Kitchener, including any easements or other requirements as a result of staging. 18. That prior to final approval, the Owner/Developer shall include the accepted provisions of the Salt Management Plan for the Unit Owners and Condominium Corporation within the Condominium Declaration; all to the satisfaction of the Regional Municipality of Waterloo. 19. That prior to final approval, the Regional Municipality of Waterloo be provided with a copy of the registered development agreement between the Owner/Developer and the City of Kitchener. 20. That prior to final approval, that the Condominium Declaration be forwarded to the Commissioner of Planning, Development and Legislative Services at the Regional Municipality of Waterloo. CLEARANCES: That prior to the signing of the final plan by the City's Director of Development and Housing Approvals, the Owner shall submit a detailed written submission outlining and documenting how conditions 3 through 17 inclusive have been met. The submission shall include a brief but complete statement detailing how and when each condition has been satisfied. 2. That prior to signing of the final plan by the City's Director of Development and Housing Approvals, the Regional Municipality of Waterloo shall notify the City's Director of Development and Housing Approvals that Conditions 4i), 4)ii), iii), iv), and 18 through 20 have been satisfied. NOTES: The owner is advised that the provisions of the Development Charge By-laws of the City of Kitchener and the Regional Municipality will apply to any future development on the site. 2. The condominium plan for Registration must be in conform ity with Ontario Regulation 43/96 as amended, under the Registry Act. 3. It is the responsibility of the owner of this draft plan to advise the Regional Municipality of Waterloo Department of Planning, Development and Legislative Services and the City of Kitchener Development Services Department of any changes in ownership, agent, address and phone number. 4. The owner is advised that the Regional Municipality of Waterloo and City of Kitchener require fees, pursuant to Section 69 of the Planning Act, R.S.O. 1990, c.P. 13, for modification to draft approval and registration release of plans of condominium. 5. This draft plan was received on May 16, 2023 and deemed complete on June 1, 2023 and shall be processed and finally disposed of under the Planning Act, R.S.O. 1990, c.P. 13, as amended as of that date. 6. To ensure that a Regional Release is issued by the Region's Commissioner of Planning, Development and Legislative Services to the City of Kitchener prior to year end, it is the responsibility of the owner to ensure that all fees have been paid, that all Regional conditions have been satisfied and the required clearance letters, agreements, prints of plan to be registered, and any other required information or approvals have been deposited Page 348 of 441 with the Regional Planner responsible for the file, no later than December 15t" for consideration. Regional staff cannot ensure that a Regional Release would be issued prior to year end where the owner has failed to submit the appropriate documentation by this date. 7. When the proposed Description or any amendment thereto to effect the registration of a phase has been completed and approved by the Land Titles Office the same should be forwarded to the City of Kitchener. If the plans comply with the terms of the approval, and the City of Kitchener has received all required fees, the Regional Release and satisfactory evidence that all conditions of approval have been satisfied, the Director of Development and Housing Approvals signature will be endorsed on the Description plan or amendment thereto and it will be forwarded to the Land Titles Office for registration. The following is required for registration and under The Registry Act and for our use: Two (2) original mylars Five (5) white paper prints One (1) digital copy Page 349 of 441 NOTICE OF PUBLIC MEETING X for a development in your neighbourhood980 & 1018 Hidden Valley Road KY11C1 lkNl R Draft Plan of Condominium Have Your Voice Heard! Planning & Strategic Initiatives Committee Date: February 26, 2024 Location: Council Chambers, Kitchener City Hall 200 King Street West oPVirtual Zoom Meeting Go to kitchener.ca/meetings and select: • Current agendas and reports (posted 10 days before meeting) • Appear as a delegation • Watch a meeting To learn more about this project, including information on your appeal rights, visit: www.kitchener.ca/ PlanningApplications or contact: Brian Bateman, Senior Planner brian.bateman@ kitchener.ca 519.741.2200 x7869 The City of Kitchener will consider applications proposing a Vacant Land Condominium (VLC) Application and to amend the City's Official Plan and Zoning By-law. A VLC is like a plan of subdivision except that the road is privately -owned rather than publicly owned and the lots are referred to as `units' in a VLC. The VLC is proposing 26 residential 'units' (lots) for 26 detached dwellings on a private road. The is will`� s� mi i�j�� lot area of 929 square metres and have a minimum interior sidJlr r e 8CK _19134 S. 91 June 13, 2023 MTE Consultants Inc. Lynn Ingram 520 Bingemans Centre Drive Kitchener, ON N2B 3X9 Dear Ms. Ingram Re: 1018 Hidden Valley Road, ZBA23/010/H/BB Functional Servicing and Stormwater Management Report City of Kitchener Comments 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 niall.melanson@kitchener.ca Please be advised that the City of Kitchener Engineering Division and Kitchener Utilities have reviewed the Functional Servicing and Stormwater Management Report (April 27, 2023) for the proposed Zoning Bylaw Amendment at 1018 Hidden Valley Road and generally support the approach. Sanitary Servicing 1) No comment Water Servicing: Comments provided by Angela Mick 2) Kitchener Utilities has no concerns specific to the zone change application as the site can receive adequate flows. 3) During detailed design (Site Plan Application) Kitchener Utilities would like the analysis with the water service location switched to the Hidden Valley Road and look at the modelling with the future conditions. In the event that flows cannot be achieved, we would have to look at the potential for a second feed with backflow preventor at each entrance. Stormwater Management: 4) The stormwater management design approach will be reviewed during detailed design. Further submissions will not be required at this time. Sincerely, rt..aU 7a2�i Niall Melanson, C.E.T. Project Manager Page 351 of 441 City of Kitchener OPA & ZBA & Vacant Land Condominium Comment Form Project Address: 1018 Hidden Valley Road Application Type: Official Plan Amendment & Zoning Bylaw Amendment & Vacant Land Condominium Comments Of: Planning- Urban Design Commenter's Name: Rojan Mohammadi Email: Rojan.mohammadi@kitchener.ca Phone: 519-741-2200 ext: 7326 Date of Comments: June 23, 2023 ❑X I plan to attend the meeting (questions/concerns/comments for discussion) ❑ No meeting to be held ❑ I do NOT plan to attend the meeting (no concerns) 1. Documents Reviewed: • Draft Plan of Vacant Land Condominium (April 2023), prepared by MHBC. • Tree Management Report (April 2023), prepared by Hill Design. • Tree Management Plan (April 2023), prepared by Hill Design. 2. Site -Specific Comments & Issues: • Units 1, 7, 8, 16 and 26 are identified as priority lots. Consider wrap around porches, enhanced window treatments, brick facades and expressive architectural features • On -street parking plan shall be provided • A pedestrian connection is required within the development. A minimum requirement for sidewalks is 1.5m • New development should complement the existing neighborhood character through compatible building design, scale, and landscaping. • Provide cross sections for the proposed retaining walls • Identify any proposed and existing fencing on the plan • Provide sufficient landscaping between driveways, side, and rear property lines in compensation for the lost trees. A City for Everyone Working Together — Growing Thoughtfully — Building Community Page 352 of 441 3.Comments on Submitted Documents: Tree Management Plan • Written permission for removal of or impact to trees in joint ownership along property line is required. • A compensation plan may be required for the removal of street trees. Please coordinate with Parks Planning. A City for Everyone Working Together — Growing Thoughtfully — Building Community Page 353 of 441 From: Sent: To: Subject: 2023-06-08 Brian Bateman Kitchener Attention: Brian Bateman circulations@wsp.com Thursday, June 8, 2023 3:10 PM Brian Bateman OPA (OPA23/006/H/BB), ZBLA (ZBA23/010/H/BB) and Draft Plan of Condominium (30CDM-23204); 1018 Hidden Valley Rd., Kitchener Re: OPA (OPA23/006/H/BB), ZBLA (ZBA23/010/H/BB) and Draft Plan of Condominium (30CDM- 23204); 1018 Hidden Valley Rd., Kitchener; Your File No. OPA23/006/H/BB,ZBA23/010/H/BB,30CDM- 23204 To Whom this May Concern, We have reviewed the circulation regarding the above noted application. The following paragraphs are to be included as a condition of approval: "The Owner acknowledges and agrees to convey any easement(s) as deemed necessary by Bell Canada to service this new development. The Owner further agrees and acknowledges to convey such easements at no cost to Bell Canada. The Owner agrees that should any conflict arise with existing Bell Canada facilities where a current and valid easement exists within the subject area, the Owner shall be responsible for the relocation of any such facilities or easements at their own cost." Upon receipt of this comment letter, the Owner is to provide Bell Canada with servicing plans/CUP at their earliest convenience to planninganddevelopment@bell.ca to confirm the provision of communication/telecommunication infrastructure needed to service the development. It shall be noted that it is the responsibility of the Owner to provide entrance/service duct(s) from Bell Canada's existing network infrastructure to service this development. In the event that no such network infrastructure exists, in accordance with the Bell Canada Act, the Owner may be required to pay for the extension of such network infrastructure. If the Owner elects not to pay for the above noted connection, Bell Canada may decide not to provide service to this development. Page 355 of 441 To ensure that we are able to continue to actively participate in the planning process and provide detailed provisioning comments, we note that we would be pleased to receive circulations on all applications received by the Municipality and/or recirculations. We note that WSP operates Bell Canada's development tracking system, which includes the intake and processing of municipal circulations. However, all responses to circulations and requests for information, such as requests for clearance, will come directly from Bell Canada, and not from WSP. WSP is not responsible for the provision of comments or other responses. Should you have any questions, please contact the undersigned. 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II'laho , :pUID GO un O SCWIa Ijas da)us II+ n uvae,!'Vpu-,5 firanaT'uiruow^r puaarta't+s1, pwui Cr:^ SIlkJIAfl du'S Glodrunw,pcs IxIuuarxui,T u,aw„r.X. Page 356 of 441 From: BISKABORN, Brad <Brad.Biskaborn@ ca nadapost.postescanada.ca> Sent: Thursday, June 8, 2023 8:33 AM To: Brian Bateman Subject: RE: Circulation for Comment - 1018 Hidden Valley Road (VLC/OPA/ZBA) Attachments: CANADA POST - CMB Commenting - 1018 Hidden Valley Rd.pdf Hi Brian, Please see attached commenting on this development from Canada Post. Regards, Brad Biskaborn Delivery Services Officer / CANADA POST 955 Highbury Ave N. London ON, N5Y 1A3 519-495-5373 From: Christine Kompter <Ihriis:tiiin II<cainnlrkiithernrr> Sent: June -05-23 2:49 PM To: _DL_#_DSD—Planning <If S_ -1 1 in in iimglf)isyiisiipin !ki clherner,ca>; Barb Fairbairn <Bairb.Faiirbauinn@kitclheneir ca>, Bell - c/o WSP <circullations@wsp.._! cq >; BISKABORN, Brad ......................................................................................................... .. ......... ......... <Bind.Bislkaboirin@canadalpst...pcs:tasca_lnada..._c>; Carlos Reyes <rlos.Reyas_a.lkita Ihinira a>; Darren ............................................................................................................. ...... I<ropf <If) rr in.IKr:cu.)r,riF.@_!' i clhener._ca>; Dave Seller <,Dave.. lllalir@_Ikitclheiner.c >; David Heuchert <Dago-~.II..Neucihert( _Ikii.tclhelneir._ra>; David Paetz <If)avii_d..,lIaetz Ikiitc:lhinir>; Ellen Kayes <EIIIIen.IKaya�s@ Ikirtclnelnaz1r ca>; Enova Power Corp. - Greig Cameron < r�ii ��rn�ira�in.@_�in_p�a.li�p�r�ir cairn >; ...................................... Enova Power Corp. -Shaun Wang<slhaiuinnrairu.Qrnpvalnpr.rrn>; Feras AbdulHadi <Feiras.AbdullllNadia �Ikitclheiner.ca>; GRCA- Planning IlaininNin raindiriiveir.ca < Ilaininiiin iraindiriiveir,ca>; ............................................................. g(.Il.............................g..g.........................................................).12.............................8..g........................................................ Hydro One - Dennis DeRango <1 indusrpllininfirng_IhXrrprnacpim>; Justin Readman <ustairn.Rirn?kiitlnrnlr.c>; Katherine Hughes<Itlhriln.II::Nulhslci11trnir:c>; Mike Sealing ................. <Mike.,SeillNng. ..!Kitclhener._ca>; MPAC - Kelly Button (,lolllly.k� ttann c l�nNa ) <,kelll .Ihiqt.tcnrn..d�.l ..p .................................................. MPAC (,IL¢ consents. _ .If ac ca) <ILi �Uc ns�rnts.�_ .li�acaca>; Nancy Steinfield <Nangy.:S.tpinfield(�Ikltclh_enerr.ca>; Park Planning (SM) <,Park.Pllanning. l�otclne_n r ca>; Property Data Administrator (SM) <�r...... a rmgrn( !Klt.c.lhener._ca.>; Region - Amalia Walker < m_ a_Vkerf _E! NgJoncfwatedoo.ca>; Region - Clerk q goonaUerkC�re�;ocrrn.��uv t�_Ul p ��>; Region - Planning <.P a_ininun A licatuons _ re 'u_ rucr.(wato-ryUVora_.ca>; Region - Tim Walden ( V .Dd ru..@_r uonofwateUV000ca) <r a_Vden.@ .%prtia r t..e rlpca_. >; Robert Schipper <Rolbert.Schopper a kitchener.ca>; Rogers (Si/VQ _R:::_'.JE i V _015. _rcu. r eUs.couln) <SWOGR ...................................... �I_F.i Mffs.. .Ei. rcagersa_ca_rn>; Steven Ryder <Steven..6iydeU. ku c0r_ _rq ro a>; Tom Ruggle <-Eorri_._R.9gfIle( Ikiitclheneir.ca>; UW-WUSA (Feds) (pr: s.. ua_sa..._c) <.Ialr s_@ nrLu,sa.,_c >; WCDSB - Planning <.IPII_a_nm.i.ln@wcdsb.ca>; WRDSB - Board Secretary ( 11_aii:ln_e Ii urns C wrdsb.ca) <e11_ajiin_ buirinsC wirdsb.ca>; WRDSB -Planning < II_alnlnii_rJ.g@wirdsb.ca>; Jim Edmondson <,U.iilrn.._Ed_mondsoin_ Ikiitclh_en.er,.ca.>; Ontario Power Generation <Exec:u.rtivevp..l.g nrg.rnd_d_gv!IaP.Plm int( p �girn>; Property Data Administrator (SM) <.21 Ip_ a. gAl IJ.in lkirtc.lhr lnr rra a>; Robert Morgan <,Robrer.t.l@ orrgarQ it Ih rn r, a>; Sylvie Eastman <5.y11yiii..lEastr..................... ..��.._Ikii.tc.lheineir._ca> Cc: Brian Bateman <Biriiain: at rr ain llcirtclhra in_ 1r ca.> Subject: Circulation for Comment - 1018 Hidden Valley Road (VLC/OPA/ZBA) Page 357 of 441 This email is from an EXTERNAL sender, Please be CAUTIOUS, particularly with links and attachments. I Ce courriel est d'un exp6diteur E TERNE. Soyez PRUDENT, en particulier avec des liens et des pieces jointes. Please see attached. Additional documentation can be found in AMANDA folders 23-110479, 23-110475 & 23-110478 (City staff) and lhaI.E.Fo.l_e. (external agencies). Comments or questions should be directed to Brian Bateman, Senior Planner br�an.bateman Ikitclhener.ca; 519-741-2200 x7869). ....................................................................................................................... Christine Kompter Administrative Assistant I Planning Division I City of Kitchener 200 King Street West, 6th Floor I P.O. Box 1118 I Kitchener ON N2G 4G7 519-741-2200 ext. 7425 1 TTY 1-866-969-9994 I christine.kompter@kitchener.ca l Page 358 of 441 City of Kitchener - Comment Form Project Address: 1018 Hidden Valley Road Application Type: VLC/OPA/ZBA Comments of: Environmental Planning (Sustainability) — City of Kitchener Commenter's name: Raida Chowdhury Email: raida.chowdhury@kitchener.ca Phone: 519-741-2200 ext. 7078 Written Comments Due: June 23, 2023 Date of comments: June 20, 2023 1. Plans, Studies and/or Reports submitted and reviewed as part of a complete application: • Sustainability Statement, 1018 Hidden Valley Road, prepared by MHBC, dated May 1, 2023. 2. Comments & Issues: I have reviewed the supporting documentation (as listed above) to support a site plan application proposing 26 residential lots, regarding sustainability and energy conservation, and provide the following comments: - Although the Ontario Building Code (OBC) is progressive, going forward all developments will need to include energy conservation measures that go beyond the OBC as the City (and Region of Waterloo) strive to achieve our greenhouse gas reduction target. - A Sustainability Statement (as per the City's Terms of Reference) will be required as part of a complete Site Plan Application which can further explore and/or confirm additional sustainability measures that are best suited to the development as the design evolves. - Upon review of the supporting documentation, the Official Plan and Zoning Bylaw Amendments can be supported as several sustainable measures have been proposed or are being considered for the development. - The development considers or proposes several sustainable measures including: o The use of low or no VOC paints and finishes to minimize air pollutants in interior materials o Low -flush toilets and low -flow shower heads o Separately metered units to allow for more efficient management of energy use on a dwelling -by -dwelling basis o On-site waste management, such as garbage, recycling, and compost o Control measures to improve stormwater runoff quantity and quality - Potential items for consideration are: o Measures to incorporate net zero emissions or LEED standards o Building envelope (wall, roof, and window thermal performance) designed beyond OBC requirements Page 359 of 441 o Use of alternative water supply and demand management systems such as rainwater harvesting and grey water reuse, or readiness of the development to incorporate such systems in the future o Installing white or light-colored material on the roof to reduce heat island effects and reduce cooling requirements o If further landscaped and/or green space can be incorporated 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. • Hidden Valley Land Use Master Plan, Sustainable Development Policy. Any new development in the Hidden Valley area should achieve a high standard of environmental sustainability in terms of energy, water and waste conservation/generation; transportation demand management, air quality, etc. to assist with achieving greenhouse gas emission reduction targets and to help mitigate an adapt to climate change. 4. Advice: ➢ As part of the Kitchener Great Places Award program every several years there is a Sustainable Development category. Also, there are community-based programs to help with and celebrate and recognize businesses and sustainable development stewards (Regional Sustainability Initiative - http://www.sustainablewaterlooregion.ca/our-programs/regional-sustainability- initiative and TravelWise - http://www.sustainablewaterlooregion.ca/our-programs/travelwise). ➢ The 'Sustainability Statement Terms of Reference' can be found on the City's website under 'Planning Resources' at ... https://www.kitchener.ca/SustainabilityStatement Page 360 of 441 Brian Bateman, BES, MCIP, RPP 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: D1 720/2/23006 D1920/2/23204 01460/2/23010 July 4, 2023 Re: Proposed Official Plan Amendment OPA23/006, Zoning By-law Amendment ZBA 23/010 and Vacant Land Plan of Condo 30CDM-23206 1018 Hidden Valley Road MHBC Planning Ltd. (C/O Della Ross) on Behalf of Evaya Developments Inc. CITY OF KITCHENER The Region has prepared the following comments relating to the above noted Official Plan Amendment, Zoning By-law Amendment and Vacant Land Plan of Condominium proposed on the lands addressed as 1018 Hidden Valley Road in Kitchener. The purpose of these comments is to identify any items that need to be address prior to consideration of the Zoning By-law Amendment and/or draft approval and those that can be imposed as conditions of approval or through the use of a Holding Provision. The applicant has proposed a vacant land plan of condominium to facilitate the creation of 26 units and common elements on the subject lands. The subject lands are within the Urban Area, Designated Built Up Area and Designated Greenfield Area as delineated in the Regional Official Plan. In addition, the subject lands are designated Low Rise Residential in the City of Kitchener Official Plan and zoned Residential One (R-1) Zone in the City of Kitchener Zoning By-law 85-01. Document Number: 4423661 Version: 1 Page 361 of 441 The applicant has proposed an Official Plan Amendment to redesignate the subject lands from Low Rise Residential to Low Rise Residential with a Special Policy Area to allow up to eight (8) units per hectare. The applicant has proposed a Zoning By-law Amendment to rezone the subject lands from the Residential One (R-1) zone to the Residential Two (R-2) zone in By-law 85-1 to support the proposed unit (lot) sizes on full municipal services. These comments relate to the prepared by MHBC Planning and Surveyor April 14, 2023; Regional Comments Community Planning Draft Plan of Vacant Land Plan of Condominium Inc.; revision 1 dated April 14, 2023; signed by the Owner File No. 21221A: Consistency with Provincial Legislation and Regional Official Plan Conformity The subject lands are designated "Urban Area", "Built -Up Area" and "Designated Greenfield Area" on Map 2 of the Regional Official Plan (ROP) and is designated Low Rise Residential with a Special Policy Area in the City of Kitchener Official Plan. Regional staff acknowledge that 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. This development shall contribute to the intensification target of 60% within the City of Kitchener's Built Up Area. Furthermore, the Designated Greenfield Area is intended to develop in a manner that is compact and efficient and designed in a manner that contributes to the 15 -minute neighbourhood. Regional staff acknowledge that the subject lands are to be connected to municipal water and municipal sanitary services from River Birch Street and that the proposed unit sizes represents a more compact form. Further to the above, Regional staff have no objection to the applications, subject to the following technical comments and conditions related to the proposal: Region of Waterloo International Airport: Please be advised that the subject lands are located within the 6km airport zoning regulated area and are subject to all provisions and restrictions of Nav Canada. Regional Water Service: Please be advised that no connection to regional raw watermains shall be permitted in accordance with Section B.2.1.4.1 of the Design Guidelines and Supplemental Specifications for Municipal Services, January 2023. Housing Services 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. Document Number: 4423661 Version: 1 Page 362 of 441 In order for affordable housing to fulfill its purpose of being affordable to those who require rents or purchase prices lower than the regular market provides, a mechanism should be in place to ensure the units remain affordable and establish income levels of the households who can rent or own the homes. Staff further recommend meeting with Housing Services to discuss the proposal in more detail and to explore opportunities for partnerships or programs and mechanisms to support a defined level of affordability. For the purposes of evaluating the affordability of an ownership unit, based on the definition in the Regional Official Plan, the purchase price is compared to the least expensive of: Housing for which the purchase price results in annual accommodation costs which do not exceed 30 percent of gross $385,500 annual household income for low and moderate income households Housing for which the purchase price is at least 10 percent below the average $576,347 purchase price of a resale unit in the regional market area *Based on the most recent information available from the PPS Housing Tables (2021). In order for an owned unit to be deemed affordable, the maximum affordable house price is $385,500. Conclusions relating to Official Plan Amendment OPA23/06 and Zoning By-law Amendment ZBA23/10: Regional staff have no objections to Official Plan Amendment OPA23/06 and ZBA23/010. Conclusions related to Draft Plan of Condominium: The Region has no objections to draft approval of Vacant Land of Condominium 30CDM-23204, subject to the inclusion of the following conditions of Draft Approval set out below: 1) THAT the Owner/Developer agrees to phase/stage development of this condominium in a manner satisfactory to the Commissioner of Planning, Development and Legislative Services and the City of Kitchener, including any easements or other requirements as a result of staging; 2) THAT prior to final approval, the Owner/Developer shall implement the provisions of the accepted Salt Management Plan entitled "Hidden Valley River Birch Salt Management Plan" prepared by MTE, MTE File No. 50306-100, dated August 10, 2022, revised April 27, 2023 for the Unit Owners and Condominium Corporation Document Number: 4423661 Version: 1 Page 363 of 441 within the Condominium Declaration; all to the satisfaction of the Regional Municipality of Waterloo; 3) THAT prior to final approval, the Regional Municipality of Waterloo be provided with a copy of the registered development agreement between the Owner/Developer and the City of Kitchener; and, 4) THAT prior to final approval, the Condominium Declaration be forwarded to the Commissioner of Planning, Development and Legislative Services at the Regional Municipality of Waterloo. Fees: By copy of this letter, the Region of Waterloo acknowledges receipt of the Plan of Condominium, Official Plan Amendment and Zoning By-law Amendment Review Fees totalling $15,750.00 (deposited June 15, 2023). 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. 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 Cc (via email). MHBC Planning Ltd. C/O Della Ross (Agent), Evaya Developments Inc. (Owner) Document Number: 4423661 Version: 1 Page 364 of 441 From: Carrie Musselman Sent: Friday, November 24, 2023 1:30 PM To: Brian Bateman Cc: kate@hilldesign.ca; Lenore Ross; Paul Eichinger; Nathan Katerberg; 'Lynn Ingram'; 'Aaron Hill'; Della Ross Subject: RE: 1018 Hidden Valley & PIN 227310834 (OPA ZBA VLC) - TP/EP Follow Up Flag: Follow up Flag Status: Flagged Hello Brian, As we discussed earlier this week, based on my review of the supplemental information to go with the Tree Preservation and Enhancement Plan, I can support the proposed ZBA (ZBA23/010/H/BB), OPA (OPA23/006/H/BB) and Vacant Land Condominium (30CDM-23204) for 1018 Hidden Valley & PIN 227310834 subject to tree removal mitigation measures being implemented through condition(s) of development. Conditions proposed are: a) The SUBDIVIDER agrees to prepare and implement a Planting Plan for the hedgerow along the eastern property boundary. The goal is to have the hedgerow reinstated post grading/construction, the hedgerow area is to be planted with a mix of native trees, shrubs, grasses, and flowers to contribute to the aesthetics of the landscape, consistent with (or improvement) the hedgerow on the adjacent property to the west. b) The SUBDIVIDER agrees to prepare and implement an ecologically sound tree replacement plan. The plan shall identify opportunities for planting of native plant species, on common and/or private properties within the development, with the objective of increasing the tree canopy coverage and adding visual barriers between properties. Conditions may be amended subject to further discussion with agencies, staff and the applicant. Regards, Carrie Musselman (she/her), BSc., Dip., RPP, MCIP Senior Environmental Planner I Planning I City of Kitchener 519-741-2200 x 7068 1 TTY 1-866-969-9994 1 carrie.musselman@kitchener.ca From: Lynn Ingram <IL.I_ .grair Oirmte85.coirn> Sent: Friday, October 27, 2023 9:33 AM To: Carrie Musselman < arriie.._Mu�ssellrrtia_In_d I.!Kkclh_e.in lr..pa,> Cc: 'Aaron Hill' <a Ir In..(J� sill clesii ign__.ca>; Brian Bateman <B.riia.in.._Bate.inm_ _n.@.I<iitr_��r��ir._ca.>; Della Ross <d.irpss..@.I .!h. gpllan„com>; Ik�.Le..@.Ihiil.11desj. ign ca; Lenore Ross <(.......................................................... .@_Ikii.tcln_e_ner.._c�a>; Paul Eichinger .. <i2eu shun er@irn.te ":s_.cpomro>; Nathan Katerberg <,NIKa e_ube.. Subject: RE: Hidden Valley TPP revised report Hi Carrie, Page 365 of 441 As you mention, the entrance location onto Hidden Valley Road is governed by sight line restrictions, and is therefore fixed in its current location. Alternatives were considered for the internal configuration of the west entrance road to reduce the need to grade in the proximity of the hedgerow. However, MTE's grading design requires that the length of the internal common element road between the west connection to Hidden Valley Road and the t -intersection in front of Unit 6 be maintained. Any shortening of the length will mean that the common element road and associated sidewalk needs to be steeper than 5%, and there is the potential that the finished floor elevations for units 8-15 would need to be higher as a result. The lot grading is very challenging given the substantial slopes on the property, in all directions. This is also a governing factor, along with the lot sizing. For all options reviewed, transition grading and retaining walls are required along the west property boundary area, and as such the hedgerow for the most part would be lost regardless. Please note that the neighbouring property owner has reviewed the proposed grading and entrance configuration and has submitted a letter of support for the current design, attached for your reference. We trust this is sufficient to address your question. Please let us know if you require anything further. Thanks. Lynn Lynn Ingram, P.Eng. I ana er, Site Development Division IVITE Consultants Inc. T: 519-743-6500 x1381 Lln ramff .mte85.com 520 Bingemans Centre Drive, Kitchener, Ontario N2B 3X9 www.mte85.com formerly Twitter) Linkedln Insta ram Facebook Notice: The electronic information provided is confidential and privileged, and may not be used for purposes other than work related to the subject project. Redistribution or copies to others made without written permission from MTE Consultants Inc. is strictly prohibited. MTE assumes no liability or responsibility, and makes no guarantee or warranty with respect to the data contained, either expressed or implied. From: Carrie Musselman <Carr'e.Mu.s.selmanr@kitchener„ca> Sent: Tuesday, October 24, 2023 1:22 PM To: 'Aaron Hill' <a_ rgn_Sar_h_'o'I_I esi n_._c >; Brian Bateman <Bri_auk. tU:.u� n.@) Co:r�Ou�ou�r ��> Cc: Lynn Ingram <II Ilingramf@rnte8.5.com>; Della Ross <dro s.. irnlh_I Ian.com>; Kate Hodgins <kata~.. _Ih_ii.11ll_ _esi.�a>; Nathan Katerberg <.N K teirl� .irg. _mt _a.,. lnm,>; Lenore Ross <1 n .._ k i ....................................................I > .......................................... s Subject: RE: Hidden Valley TPP revised report Understanding the site Iliine dictates the entrance of the driveway/road off Hidden Valley Rd on the west to be fixed but was consideration given to altering the al1gnment once internal l to the site by adjusting the configuration and/or grading of Units 22 26 so that an increased setback to the hedgerow on the west could be provided? Page 366 of 441 Carrie lViussellimain (slhe/Their), IBSc.., ['.)ip.., lRl::1::" MOVIE:' Senior EnviironmeinrGall IFlIlanneir 1I IPlanning 1I City of IKitchener 519...-141 2200 x'7068 1I TTY 1 866 969 9994 1 c�rrig.,.Irmg��gllm�rn.��I�i.tgrn�ngir,.ga; From: Aaron Hill <a ron.@Jh�l.11dgs.' ca> Sent: Friday, October 6, 2023 1:15 PM To: Brian Bateman <Grp_ .in.._ t _rn_ rt..CA.1J..clhg�s_e_r.ga.>: Carrie Musselman <Carrie.Mussellman !Jtcheneir.ca> ..................................................................................................................................................... Cc: Lynn Ingram <1 In Della Ross <cIr sr _tT.Kate Hodgins <Ikate hilllldesi n,.c >; Nathan Katerberg <,�llVCate b irg.t _rrr g g ir0> ............................................................. Subject: RE: Hidden Valley TPP revised report Hi Brian, Carrie; Please see updated tree management plan for the proposed Hidden Valley Road subdivision. Per previous discussions: 1) Changes have been made to the grading approach which allows us to further protect boundary trees and provide more untouched rootzone to ensure their survival. Tree protection fencing has been modified to match the new limit of disturbance as determined by MTE. These changes have been implemented on the south, east and internal lot boundaries with 996 Hidden Valley in order to preserved all noted boundary trees on these borders. 2) The re -alignment of the main driveway on the west side was considered but a review of site lines dictates that it must remain where it is. We have been able to adjust the grades around the main entry to preserve tree 113 (large Sugar Maple), and we have a letter from the neighbouring property owner to the west with no concerns about the removals we are showing. We trust the attached addresses previous concerns, but please advise if you need anything further. Thanks; Aaron Hill BLA, OALA Landscape Architect Hill Design Studio Inc. T 226-686-0700 x 101 C 519-465-1856 Check out our new website: w . h ii l_Il sii.grn: gg Page 367 of 441 City of Kitchener Heritage — OPA/ZBA Comment Form Project Address: 1018 Hidden Valley Road File Number: ZBA23/0010/H/BB, OPA23/006/H/BB Comments Of: Heritage Planning Commenter's Name: Deeksha Choudhry Email: deeksha.choudhry@kitchener.ca Phone: 519-741-2200 ext. 7291 Date of Comments: June 14, 2023 Heritage Planning staff has reviewed the following material for the proposed development on the lands municipally addressed as 1018 Hidden Valley Road to provide the comments outlined below: • Planning Justification Report dated May 23; and • Tree Management plan for the proposed development 1. Site Specific Comments: The subject property municipally addressed as 1018 Hidden Valley Road does not have any heritage status. However, it fronts onto Hidden Valley Road, which has been identified as a heritage corridor and as a Cultural Heritage Landscape. The development proposal is for 16 lots as part of a Vacant Land Condominium with a road and cul-de- sac off Hidden Valley Road. The lot area will be a minimum of 929 square metres with a minimum lot width of 24 metres. A Zoning By-law Amendment is required to change the zoning from R1 to R2. An Official Plan Amendment is required to increase the maximum density from four units per hectare to eight units per hectare. 2. Draft Heritaee Imoact Assessment for 1385 Bleams Road As the development is not within or adjacent to any protected heritage property, a Heritage Impact Assessment (HIA) was not required. 3. Heritage Planning Comments Heritage planning staff provide the following comments: A City for Everyone Working Together — Growing Thoughtfully — Building Community Page 368 of 441 The proposed vacant lot condominium is not anticipated to have a major impacts on the scenic qualities of Hidden Valley Road. Existing and recent developments on this section of Hidden Valley Road provide some continuity along the street in terms of context, location and setting (i.e. wide lots with significant frontage and street facing dwellings). The aim is to maintain the current rural -like setting and character along Hidden Valley Road. Staff provide the following comments for further consideration: • Units 1 and 26 should be oriented to face Hidden Valley Road. • Vegetation within the road right-of-way adjacent to Units 1 and 26 shall be conserved and enhanced with appropriate new plantings and fencing. The Tree Management Plan notes that a number of trees on City property and where the right-of-way is are proposed to be removed — specially trees where proposed Unit 1 is. Staff encourage the applicant to retain those trees, to preserve the rural character of Hidden Valley Road. If retention is not possible, relocation of these trees should be explored fronting on to other portions of Hidden Valley Road to preserve the rural character of Hidden Valley Road. The Planning Justification Report has noted that the design and architectural elements of the development will be addressed at the building permit stage. Thus, heritage planning staff will have further comments and/or conditions that will be included as part of the site plan and/or building permit stage. However, comments provided regarding architectural design at the pre -submission consultation stage still stand: o To support the orientation and connection of the elevation facing Hidden Valley Road, traditional architectural elements such as entry doors, wrap around porches of a useable dimension, fenestration and other elements which suggest an "eyes on the street" design, shall be used. o Attached garages shall be architecturally integrated into the massing of the dwellings to reduce its negative visual impact on the appearance of the dwellings, including methods to soften the visual impact of garages, such as using two single doors rather than one oversized double garage door. A City for Everyone Working Together — Growing Thoughtfully — Building Community Page 369 of 441 From: ARABIA Gabriel <Gabhe|'Arabia@hydroone.00nn> Sent: Monday, June 1Z'ZUZ]11:16AM To: Brian Bateman Subject: City of Kitchener - 1018 Hidden Valley Rd - OPA23/006/H/BB You don't often get email from gabriel.arabia0hydroone.com. Learn why this is imDortant VVeare inreceipt ofyour Site Plan Application, OPA23/O06/H/BBdated June 5 th,2823.VVehave reviewed the documents concerning the noted Plan and have no comments or concerns at this time. Clurprel iminaryreview considers issues_ affecting_Hyd ro_0ne's_'Hi1gh__VoItage Facilities and Corridor For proposals affecting 'Low Voltage Distribution Facilities' please consult your local area Distribution Supplier. To confirm if Hydro One is your local distributor please follow the following link: Measese|ecL"Seurch"ond|ocoteuddressinquex1ionbyentering1headdress orbyzooming inand out ofthe map Page 370 of 441 ��� IN a IN MIENU H IE L �P SEARCH Customers Affected: >5000 0 501-5,0100 10 51-500 0 21-510 0 IfHydro One isyour local area Distribution Supplier, please contact Customer Service at1-888-664-9376 or e-mail tobeconnected toyour Local Operations Centre Thankyou, Dennis De Rango Specialized Services Team Lead, Real Estate Department Hydro One Networks Inc. Tel: (905)946-6237 This email and any attached files are privileged and may contain confidential information intended only for the person or persons named above. Any other distribution, reproduction, copying, disclosure, or other dissemination is strictly prohibited. If you have received this email in error, please notify the Page 371 of 441 sender immediately by reply email and delete the transmission received by you. This statement applies to the initial email as well as any and all copies (replies and/or forwards) of the initial email Page 372 of 441 City of Kitchener Zone Change / Official Plan Amendment Comment Form Address: 1018 Hidden Valley Rd. & 3 Unaddressed Parcels Owner: Evaya Developments Inc. Application: OPA23/006/1-1/1313, ZBA23/010/1-1/1313 and 30CDM-23204 Comments Of: Parks and Cemeteries Commenter's Name: Lenore Ross and Taylor Stapleton Email: Lenore. ross@kitchener.ca and Taylor.Stapleton@kitchener.ca Phone: 519-741-2200 ext 7427 and ???? Date of Comments: June 06 2023 ® I plan to attend the meeting (questions/concerns/comments for discussion) ❑ No meeting to be held ❑ I do NOT plan to attend the meeting (no concerns) 1. Documents Reviewed: I have reviewed the documentation noted below submitted in support of an Official Plan Amendment, Zoning Bylaw Amendment and Vacant Land Condominium to facilitate the creation of 26 units and common elements. To permit the proposed development, an Official Plan Amendment and Zoning By - Law Amendment are required. • Draft Plan of Vacant Land Condominium (in each JPEG, PDF and DWG formats), prepared by MHBC Planning Ltd., dated April 14, 2023; • Planning Justification Report (including Urban Design Brief and Sustainability Statement), prepared by MHBC Planning Ltd., dated May 1, 2023; • Functional Servicing & Stormwater Management Report (including Sight Line Analysis), prepared by MTE Consultants Inc., dated April 27, 2023; • Hydrogeological Review, prepared by MTE Consultants Inc., dated April 24, 2023; • Geotechnical Investigation, prepared by MTE Consultants Inc., dated April 11, 2023; • Tree Management Report and Plan, prepared by Hill Design Studio, dated April 2S, 2023; • Existing Conditions Plan, prepared by MTE Consultants Inc., dated April 27, 2023; • Functional Site Grading Plan, prepared by MTE Consultants Inc., dated April 27, 2023; • Functional Site Servicing Plan, prepared by MTE Consultants Inc., dated April 27, 2023; and • Section Plans, prepared by MTE Consultants Inc., dated April 11, 2023. 2. Site Specific Comments & Issues: Parks and Cemeteries has no significant concerns with the proposed Official Plan and Zoning Bylaw amendments and can provide conditional support subject to the minor updates to submitted study noted below. Additional requirements will be imposed at the site plan application. 3. Comments on Submitted Documents A City for Everyone Working Together — Growing Thoughtfully — Building Community FB Oof 441 City of Kitchener Zone Change / Official Plan Amendment Comment Form 1) General Comments a) As noted at Pre -submission, the City would be interested in obtaining a public access easement to allow pedestrians and cyclists to travel between River Birch Street and Hidden Valley Road over the common element portion of the lands identified as road and sidewalk. This easement can be finalized as a condition od site plan approval. b) The parkland dedication requirement will be deferred at the Official Plan Amendment/Zoning By-law Amendment applications and assessed at a future Site Plan Application. Parkland dedication will be assessed based on the land use class(es) and density approved through the OPA and ZBA and required as a condition of Site Plan Approval. c) The site is within the Hidden Valley Planning Community and as identified in Places and Spaces: An Open Space Strategy for Kitchener, this neighbourhood has a relatively low rate of active neighbourhood park space provision with only 2.6 sq.m/person provided by a single neighbourhood park — Hidden Valley Crescent Park. Although the existing provision rate is low the current and proposed development pattern is single detached residential dwellings which typically have on-site private amenity spaces available. d) Parkland Dedication will be required as cash in lieu of land as a condition of the future site plan application. e) As part of a future site Plan application a Street Tree Planting plan will be required. Approval will be coordination with Heritage Planning and Urban Design. f) Any compensation for vegetation that is within City right of ways that is approved for removal will be required through the site plan application. 2) Tree Management Report and Plan, prepared by Hill Design Studio, dated April 25, 2023 a) There is a City owned street tree (TREEID 10044853) on River Birch Street that should be included in the TPEP Plan and Report. Tree protection to City standards is a preferred option for this tree. b) A valuation according to ISA standards of this existing street tree as well as existing vegetation on City lands along Hidden Valley Road should be prepared and included in the report. If the street tree cannot be protected to City standards throughout construction, full compensation is expected. c) Compensation can be addressed as part of site plan approval conditions d) A revised Tree Management Report and Plan is required. 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 5. Anticipated Fees: Parkland Dedication A City for Everyone Working Together — Growing Thoughtfully — Building Community Xctuu 04 of 441 City of Kitchener Zone Change / Official Plan Amendment Comment Form The parkland dedication requirement will be deferred at the Official Plan Amendment/Zoning By-law Amendment application(s) and assessed at a future Site Plan Application. Parkland dedication will be assessed based on the land use class(es), residential units and density approved through the OPA and ZBA and required as a condition of Site Plan Approval. Parkland dedication is required for the application as cash -in -lieu of land. Based on the submitted preliminary site plan $389,181 in Parkland Dedication would be required as a condition of site plan approval. Calculation: 3.315ha X $2,348,000ha x 0.05 = $389,181 would be required (Bylaw 2022-101— 5% land rate) The Bill 23/MHBFA 10% cap of land/value of land ($778,362) has not been reached Dedication requirements are subject to the Parkland Dedication Policy and rates in effect. Please be advised that an updated Parkland Dedication Policy and By-law were approved by City of Kitchener Council on August 22 2022. This update includes but is not limited to changes to the classes of lands requiring Parkland Dedication, standard land assessment values for determining Parkland Dedication, Parkland Dedication exemption categories and transition provisions for in -progress applications. The Bylaw is under appeal. Further changes to the Bylaw may be required as a result of the Bill 23 — More Homes Built Faster Act. A City for Everyone Working Together — Growing Thoughtfully — Building Community P O� of 441 From: Dave Seller Sent: Monday, June 12, 2023 8:43 AM To: Brian Bateman Subject: OPA/ZBA/VLC Comments - 1018 Hidden Valley Rd Follow Up Flag: Follow up Flag Status: Flagged City of Kitchener Application Type: Zoning By-law Amendment ZBA23/010/H/BB Official Plan Amendment OPA23/006/H/BB Vacant Land Condominium 30CDM-23204 Project Address: 1018 Hidden Valley Rd & 3 unaddressed parcels Comments of: Transportation Services Commenter's Name: Dave Seller Email: dave.seller@kitchener.ca Phone: 519-741-2200 ext. 7369 Date of Comments: June 12, 2023 Development proposal • The owner is proposing a Vacant Land Condominium to facilitate the creation of 26 units and common elements. Road widening • As part of the City of Kitchener's Official Plan, Hidden Valley Road is designated for a road widening, between Goodrich Drive and Wabanaki Drive. Therefore, a conveyance ranging between approximately 4 to 5m along the entire Hidden Valley Road frontage highlighted below in yellow is required. A reference plan be submitted by an Ontario Land Surveyor illustrating the road widening. . om ,�, b ....,.,, ore " '•,,, w 71 #rye n� 76 �.oad Widening "N16 5314511E f *y Site design • A 1.8m wide concrete sidewalk be installed on both side of the internal road network. • No vehicular access to River Birch Street. The site can function adequately with the two access points proposed onto Hidden Valley Road for 26 units. Page 376 of 441 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(cbkitchener.ca Page 377 of 441 From: Planning <planning@wcdsb.ca> Sent: Friday, June 23, 2023 12:02 PM To: Brian Bateman Subject: RE: Circulation for Comment - 1018 Hidden Valley Road (VLC/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 and the Waterloo Catholic District School Board reach an agreement regarding the supply and erection of a sign (at the developer's expense and according to the Board's specifications) affixed to the development sign advising prospective residents about schools in the area. C) That the developer shall include the following wording in the condominium declaration to advise all purchasers of residential units and/or renters of same: "In 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 <Ihrii_stir.in_e_,.IICr.irm.teir@kiitcheneir.ca> Sent: Monday, June 5, 2023 2:49 PM To: DL # DSD—Planning <Ifs,S_ 1.-1 1 _in_in_ii_r�. lDiviisiioinC l�irtclheiner,ca>; Barb Fairbairn <,R_arb If airlb�aii.Inn..@_I kitdheneir.._ca>; Bell - c/o WSP <dreua.Ilatiip.ins��_� .p.com>; Canada Post - Brad Biskaborn isllbp.irin.._crJ postescainada.ca)<Ibir__._I.iislk_a.irin..@_cln__.12pst..�ostescainada.ca>; Carlos Reyes < .a_rllps.:1Reves( Il irta l iner.c >; Darren Kropf <, irirein.IKirc pf@I<iit lneineir.ca>; Dave Seller <Dave,.Sellleir Iki.tclheiner.ca>; David Heuchert<I[ a_ve..111_e_�.dhert II<itclheiner.ca>; David Paetz .............................................. _.._..... ..._................................................................. <Cay[ae.t_@Ikutclhe1rer_a>; Ellen Kayes<,F.IIVem�_.Il�eslk�.tclhineiraa>; Enova Power Corp. -Greig .......... ......... _.. Cameron <reucaitteirponeonparpprirci >; Enova Power Corp. - Shaun Wang <slhun. _einpur .if r.ecri >; Feras AbdulHadi <IFeras lt�c�_ullI:Nad�_ _!<itclh_ener ca>; GRCA - Planning .................................................... (pllauJuJuru ,ran riv r c) <p!gj2.ni_in graindir v it a>; Hydro One - Dennis DeRango Page 378 of 441 <Ilarnduse 1.l .a...n..n..i.1&@Jbydreca.in_g...e m>; Justin Readman < ustindRea_d_man Ikitelhener._c >; Katherine Hughes <,VCtingrp:ri__g_,_V.:N_hes@kotcheneu.ca>; Mike Selling<VB_ilke..Sep:p.iing.��_Iotnln_g_nnr.:_c >; MPAC -Kelly Button (O<gV_I.y.button im ac.ca) <ke ly.button�mipac.ca>; MPAC <.I:::i?Ucransgru:ts.!n. al�c>; Nancy Steinfield <N.ancy.S:tgu_rDf%g.Va.@.kutcln_g_ner.ca.>; Park Planning (SM) <Park.Nannin&@kutchener,ca>; Property Data Administrator (SM) <J:"roplf.�ataAdrrdn( k'utcheneir.ca>; ........................................................... ................ Region - Amalia Walker <.A.! rgi.o.inp� qt _ ._ Region - Clerk . <Uegp_nln_ .D V rO<.@.Ugguongj"A erVooaca>; Region - Planning <Pj nnp n. A. lucatuons ire ioruofwaterVooaca>; Region -Tim Walden_rg iiono.(:watgii:lo .,c ) <1[Wal_d_g.in. _rggii_onofwaterllnn. ca.>; Robert ScInippertclh ingir.g >; Rogers (S Y aC -I C IMI.II. �irEii:i:aag ir::a aninn) <SWQGR:: I Flftlhlill: S. .1.i rc�geirs._cgirin>; Steven Ryder <St -v n_.,_R der lkrtc.lhener.ca>; Tom Ruggle <rorrt r g.!t.C@tcheine1_c >; UW-WUSA (Peds) (gr_es wuasa c ) <lairos u�r us c >; Planning <ipllarnrniig)rrvcsl.c>; WRDSB -Board Secretary (Ilgiiing._I urrnsyrrsk�:c) «Iliiing. WRDSB -Planning <nllgininiing. �nrir slb.ca>; Jim Edmondson <J nn.. ..E.d...on.dsoin@�!kiitrlhgner..ca>; Ontario .. Power Generation <Executivevp Ilawa.in_d_j!'_ ygl_an.nim int ppg.corrn>, Property Data Administrator (SM) <,RraipC3a dimiin« Ikii.tclh ingiraga>; Robert Morgan <,RobertaM irgain "II<ii clhgingr a>; Sylvie Eastman ........ <Sy11yiie:_Eastrna.in.. _!kii.tc.lheine�r._ca> Cc: Brian Bateman <lilirian.Batemant@llcirtclhener,ca> Subject: Circulation for Comment - 1018 Hidden Valley Road (VLC/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 23-110479, 23-110475 & 23-110478 (City staff) and .Slha.ire_E.i.l_e (external agencies). Comments or questions should be directed to Brian Bateman, Senior Planner b!iian.lbateman !kitclhener.ca; 519-741-2200 x7869 . (................................................................................................................................... ) Christine Kompter Administrative Assistant I Planning Division I City of Kitchener 200 King Street West, 6t" Floor I P.O. Box 1118 Kitchener ON N2G 4G7 519-741-2200 ext. 7425 1 TTY 1-866-969-9994 christine.kompter@kitchener.ca 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 Page 379 of 441 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 380 of 441 From: Brandon Coveney <planning@wrdsb.ca> Sent: Tuesday, June 13, 2023 11:36 AM To: Brian Bateman Cc: Christine Kompter Subject: Re: [Planning] Circulation for Comment - 1018 Hidden Valley Road (VLC/OPA/ZBA) You don't often get email from olanningCcbwrdsb.ca. Learn why this is important June 13, 2023 Re: Circulation for Comment - 1018 Hidden Valley Road (VLC/OPA/ZBA) File No.: 30CDM-23204 Municipality: Kitchener Location: 1018 Hidden Valley Rd Owner/Applicant: Evaya Developments Inc Hi Brian, The Waterloo Region District School Board (WRDSB) has reviewed the above -noted application that proposes the development of a vacant land condominium including 26 residential units. The WRDSB offers the following comments. Student Accommodation At this time, the subject lands are within the boundaries of the following WRDSB schools: • Howard Robertson PS PS (Junior Kindergarten to Grade 6); • Sunnyside PS PS (Grade 7 to Grade 8); and • Eastwood Cl (Grade 9 to Grade 12). The WRDSB's 2020-2030 Long -Term Accommodation Plan provides information on student enrolment and accommodation at these schools. Portable classrooms may be located on-site to provide additional capacity on an interim basis. Student Transportation The WRDSB supports active transportation, and we ask that pedestrians be considered in the review of all development applications to ensure the enhancement of safety and connectivity. WRDSB staff are interested in engaging in a conversation with the City of Kitchener, the Region of Waterloo, and the applicant to review the optimization of pedestrian access to public transit, and municipal sidewalks so students may access school bus pick-up points. Please be advised, Student Transportation Services of Waterloo Region (STSWR)'s school buses will not travel privately owned or maintained rights-of-way to pick-up/drop-off students. Transported students will be required to meet the bus at a congregated bus pick-up point. STSWR may have additional comments about student pick-up point(s) placement on municipal rights-of-way. WRDSB Draft Conditions Concerning any future declaration or agreement, the WRDSB requests the following inclusions in the conditions of Draft Approval: Page 381 of 441 1. That the Owner/Developer shall include the following wording in the condominium declaration to advise all purchasers of residential units and/or renters of same: a. "Despite the best efforts of the Waterloo Region District School Board (WRDSB), accommodation in nearby facilities may not be available for all anticipated students. You are hereby notified that students may be accommodated in temporary facilities and/or bussed to a school outside the area, and further, that students may, in future, be transferred to another school." b. For information on which schools are currently serving this area, contact the WRDSB Planning Department at 519-570-0003 ext. 4419, or email planning(t_wrdsb.ca. Information provided by any other source cannot be guaranteed to reflect current school assignment information. c. "In 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" 2. That the Owner/Developer enters into an agreement with the City of Kitchener to be registered on the title to the Property that provides: a. "All agreements of purchase and sale or leases for the sale or lease of a completed home or a home to be completed on the Property must contain the wording set out below to advise all purchasers of residential units and/or renters of same." i. "Despite the best efforts of the Waterloo Region District School Board (WRDSB), accommodation in nearby facilities may not be available for all anticipated students. You are hereby notified that students may be accommodated in temporary facilities and/or bussed to a school outside the area, and further, that students may, in future, be transferred to another school." ii. For information on which schools are currently serving this area, contact the WRDSB Planning Department at 519-570-0003 ext. 4419, or email plan ning(aD_wrdsb.ca. Information provided by any other source cannot be guaranteed to reflect current school assignment information. N. "In 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" 3. That in cases where Agreements of Purchase and Sale have already been executed, the Owner/Developer sends a letter to all purchasers which include the above statements. 4. That the Owner/Developer supply, erect and maintain a sign (at the Owner/Developer's expense and according to the WRDSB's specifications), near or affixed to the development sign, advising prospective residents about schools in the area and that prior to final approval, the Owner/Developer shall submit a photo of the sign for review and approval of the WRDSB. 5. Prior to final approval, the WRDSB advises in writing to the Approval Authority how the above condition(s) has/have been satisfied. Education Development Charges Please be advised that any development on the subject lands is subject to the provisions of the WRDSB's Education Development Charges By-law, 2021, amended in 2022 or any successor thereof and may require the payment of Education Development Charges for these Page 382 of 441 developments prior to issuance of a building permit. The WRDSB requests to be circulated on any subsequent submissions on the subject lands and reserves the right to comment further on this application. If you have any questions about the comments provided, don't hesitate to contact the undersigned. Regards, erml or I1`1lllainineir Waterloo Region District School Board 51 Ardelt Avenue, Kitchener ON, N2C 2R5 Email: brandon coveney(a wrdsb.ca On Mon, Jun 5, 2023 at 2:49 PM Christine Kompter <Christine.Kompter@kitchener.ca> wrote: Please see attached. Additional documentation can be found in AMANDA folders 23-110479, 23- 110475 & 23-110478 (City staff) and ShareFile (external agencies). Comments or questions should be directed to Brian Bateman, Senior Planner (brian.bateman@Icitchener.ca; 519-741-2200 x7869). Christine Kompter Administrative Assistant I Planning Division I City of Kitchener 200 King Street West, 6t" Floor I P.O. Box 1118 1 Kitchener ON N2G 4G7 519-741-2200 ext. 7425 1 TTY 1-866-969-9994 1 christine.kompter@kitchener.ca t % a Page 383 of 441 Kitchener, Ontario, N2C 2V3 June 28, 2023 Brian Bateman 200 King St West Kitchener, Ontario N2G 4G7 3 CC. Jason Denault, Ward 3; Kitchener City Council; Mayor Vrbanovic Subject: Petition to Oppose Zoning Change and/or Increased Density Development at 1018 Hidden Valley Rd Dear Brian Bateman, Jason Denault, other City Council Members, and Mayor Vrbanovic, We, the undersigned residents of Hidden Valley, submit this petition to express our strong opposition to the proposed zoning change that would allow for a more densely populated development consisting of 26 houses in our community. We believe that this change poses significant concerns and risks to our neighbourhood, including: overlook and water drainage issues to those already living on River Birch Street and River Birch Court; environmental and traffic issues, especially the loss of mature trees and habitat for local wildlife; and, crowding and traffic issues that will impact current residents. The community is united in its overwhelming disappointment in this proposal and feels that it is a giant step away from the city's own current Master Plan, which identifies Hidden Valley as a "significant cultural heritage landscape and heritage corridor." Additionally, we are concerned about the potential creation of a private road, which will lead to parking issues for the existing residents of Hidden Valley as well as snow removal and storage issues. Current residents, many who are medical and business professionals, who continue to create jobs and make life better in the region, have chosen to live in this thriving neighbourhood that has flourished, in large part, due to the existing zoning by-laws and Master Plan. Many of our concerns echo those already expressed by city officials during the planning process and which the developer has not adequately addressed. As such, changing the zoning by-laws to accommodate this new development would jeopardise the uniqueness and tranquility that sets Hidden Valley Page 384 of 441 apart. Again quoting the Master Plan, "protection of this natural environment is of critical importance." Given the above, we respectfully request your support in voting to maintain the current R1 zoning for this property, in alignment with the approved Hidden Valley Master Plan presented by Brandon Sloan, the project manager, and endorsed by the City of Kitchener, MNRF, GRCA, and Region of Waterloo. Alternatively, if the zoning change is approved, special measures must be put in place to ensure any future development is consistent with the current neighbourhood, lot setbacks should be increased, trees should be maintained and fewer houses should be built. We kindly urge you to carefully review the planning justification report (21221A Hidden Valley) submitted to the city, taking into consideration the significant concerns raised, which also reflect the collective concerns of our community. Many of those concerns are echoed and expanded on in the important issues outlined below: 1. Existing Residences/Overlook Issues: Residents on adjacent properties will experience a significant decrease in privacy, due to the significant elevation difference a en the new homes and existing es, coupled ith very small property setbacks. Those currently living on River Birch Street in particular, will have large homes looking many metres down into our backyards. Due to the elevation difference, these homes will appear similar to small apartment buildings and since the developer is proposing minimum R2 setbacks, which mean only 7m from our lot lines, very few types of trees would be able to provide us adequate privacy. It would take dozens of years for those types of trees to grow to the point where they could provide any real privacy. What is more, the developer is suggesting removing existing trees that are hundreds of years old and has suggested that our own trees near the property line are also at risk due to construction. Without maintainingthe R1 zoning or introducing special measures to increase the property setbacks and limit the height of any homes backing onto existing neighbours, adjacent property owners will face significant negative impacts. The comments from the city's review regarding potential overlook issues (16, 29) have not been adequately addressed by the builder. Merely citing the generous lot depth of existing properties is not a sufficient response. The current homeowners have chosen this area under the understanding that it is zoned R1, and they could enjoy single-family homes on spacious lots with the protection of existing trees in their backyards. R2 density poses privacy concerns that differ greatly from those of R1 zoning. Page 385 of 441 2. Crowding: Section 15.07.12.2 of the Official Plan provides specific policies regarding the Hidden Valley area and lands designated Low Rise Residential. Section 15.D.12.2 a)ii) identifies that where municipal wastewater collection systems are available, only single detached and duplex dwellings are permitted to a maximum net residential density of 4 units per hectare. The subject lands are zoned Residential One Zone (R-1) in the Kitchener Zoning By-law (85-1). The R-1 Zone permits low density residential development, including single detached dwellings. The R-1 Zone requires a minimum lot area of 4,000 m2 and a minimum lot width of 30 m, amongst other regulations. The specific policies regarding Hidden Valley were created to ensure the special characteristics of our neighbourhood are maintained and' it is imperative that this continues in the future. The city has previously stated the importance of this during the planning for future transit and roadwork projects, and to disregard this now in favour of private interests is not in the public or neighbourhood's interests. Increasing the density of housing in our neighbourhood would have adverse effects on the quality of life for current residents. The proposed development of 26 houses would strain our community infrastructure, leading to overcrowded streets, increased noise levels, increased traffic coming in and out of the neighbourhood, and a decrease in overall liveability. It was mentioned during the initial community meeting that the new development would be consistent with the neighbourhood, some of which is already zoned R2; however, what wasn't addressed is that all of the existing homes were required to meet specific community standards and far exceed R2 requirements in terms of lot size and setbacks, with front, rear and side setbacks all significantly greater than what is being put forward under this proposal. Whether or not the zoning is changed, special measures must be put in place to ensure any new development is truly consistent with the current neighbourhood. 3. Design Elements: In comment 36 of the report, the city emphasizes the importance of respecting the character of adjacent houses and enhancing the neighbourhood. Unfortunately, the builder's response to address this concern is insufficient and lacks a comprehensive approach. Maintaining the R1 zoning would be the most effective way to respect and enhance the neighbourhood. The introduction of a higher -density, lower quality development could lead to a decline in property values for existing homeowners. The construction of a condo development in our neighbourhood without strict community standards or special measures in place would create a substantial change in the neighbourhood's character and atmosphere and could deter potential homebuyers. Current residents paid a premium to live in Hidden Valley due to the larger lot sizes, privacy and existing community heritage standards, as outlined in the city's Master Page 386 of 441 Plan. We implore the city that the current zoning and community standards should be maintained and respected. 4. Environmental/Ecological Impacts: The proposed development could have detrimental effects on our local environment, particularly regarding water drainage. The increased surface area of buildings and reduced permeable surfaces would exacerbate stormwater runoff, potentially leading to flooding on nearby properties on River Birch St and River Birch Crt. Although there is a water management plan provided as part of the development package, it does not adequately address the impacts on the private properties that already receive significant water runoff from the vacant lands. Property damage will result if the water runoff impacts on private properties is not adequately addressed with the addition of a drainage pond or other mitigation strategies. Furthermore, the loss of mature treeswould' have a number of serious negative consequences, including air quality, wil'dl'ife habitat, privacy for existing residents and the overall aesthetics of the area. The loss of mature trees on or between adjoining properties will create an immediate negative impact on surrounding properties and the builder's response to tree preservation concerns throughout their planning justification report lacks a commitment to saving trees beyond, what they deem "reasonable and practical." Osprey, deer, foxes, rabbits and coyotes are all currently making homes and foraging for food in the subject lands and the lands across the street on Hidden Valley Rd and they currently travel freely between the subject property, the vacant land across Hidden Valley Rd and the River Valley/Grand River green space and we fear this would be interrupted, pushing the wildlife further out. By respecting the current zoning and maintaining larger lot sizes and more open space, wildlife would have an increased opportunity to co -exist with residents of Hidden Valley. 5. Parking and Traffic Issues for Existing Residents: The creation of a Vacant Land Condominium, and in particular a private road that does not meet city standards in terms of on street parking, sidewalks etc., raises significant concerns about parking availability in the new development that could spill over onto existing streets. Parking is not currently an issue as a result of current zoning in our neighbourhoods, with larger properties meaning larger driveways and/or private garages. With greater density in the new development, driveways and garages will be smaller and street parking opportunities may not exist, meaning parking traffic will spill over onto neighbouring streets, creating issues for existing residents. This could create significant challenges for existing residents of Hidden Valley, who may find it difficult to park near their homes or have increased traffic congestion due to insufficient parking spaces for the additional households. In Page 387 of 441 addition, access to the neighbourhood is limited and there is already significant traffic congestion on Fairway Rd at the start or end of the workday and on weekends, particularly during holiday periods. There is also traffic congestion at Wabanaki at during rush hour/shift change periods. Any growth in the neighbourhood should carefully consider the impacts on local traffic. The proposal allows for requires one space per dwelling unit, comprising a single -car driveway. Considering the nature of these condominium units, it is evident that one parking space will be insufficient, necessitating the use of secondary parking. However, it is unclear if parking will be permitted on the condo road and/or in front of properties. The builder has also failed to address the issue of visitor parking, further exacerbating the parking problem. These shortcomings will significantly impact the residents of River Birch Street. When addressing bike storage (comment 31) in the report, the builder states "similar to a subdivision with detached dwellings" bike storage is provided in individual dwellings. Which then further reduces that chance a garage will be used for cars. It was mentioned during the community meeting in June that a traffic study is not required for a development of this size; however, if development in Hidden Valley happens gradually, at what point would a traffic study be undertaken? We feel the time is now. 6. Accessibility and Lack of Infrastructure: Lack of sidewalks and poor paving conditions on Hidden Valley Rd make it difficult for even current residents to use environmentally -friendly methods of transit, like running, walking and biking. Car often travel at a high rate of speed and the lack of sidewalks make travel by any these means dangerous, particularly in the areas closest to the proposed development where a hill makes visibility difficult. There is currently no sidewalk connecting Wabanaki to the neighborhood, which presents a transit accessibility issue. The builder's proposed sidewalk to connect the community to River Birch Street, specifically in front of unit #7, contradicts their own statement (comment 33) that the frontage on River Birch Street is too narrow and the grades are too steep for an orientation towards it. Placing snow storage in front of unit #7 would compound the problem, obstructing the only accessib sidewalk and creating hazardous conditions. Without road improvements and sidewalks on Hidden Valley Rd, additional traffic resulting from any new development would further exacerbate existing safety issues. 7. Snow Storage/Removal: Insufficient snow storage provisions in the current plan, with only two small snow storage sites, have been considered. Moreover, transitioning to R2 zoning would result in increased roadways and driveways, which were not taken into account during the site plan approval for R1 zoning. Page 388 of 441 This oversight would force residents to contend with snow accumulation on the streets. The existing city policy clearly states that municipal parcels in residentiall areas are not adequate for snow storage, and the proposed site would' face similar challenges. 8. Schools/Ward 3/Planning Act: Ward 3 faces unique challenges, particularly within a 2 -kilometer radius of the proposed development. The area experiences a high level of transient and unhoused individuals, as well as drug activity. The density within this radius is already significant, and the Hidden Valley Master Plan includes additional high-rise residential, medium -rise residential, mixed-use, and R2 developments. Preserving R1 zoning is crucial to attract families and address the urgent need for single-family homes in this ward. Comment 22 references sections of the Planning Act, specifically Section 51 (24j) concerning the adequacy of schools. Howard Robertson, a school already serving a high number of low-income families in KW, requires the development of middle- income family catchment areas. Preserving the existing R1 zoning would help address this critical need. http://www.city-data.com/school/howard-robertson- public-school-on.html Ot. Talent acquisition and retention: Hidden Valley is home to an doctors, business owners and other community leaders, who have invested heavily in Waterloo Region and provide jobs and other important services to our community. By maintaining the current community standards through zoning and Master Plar decisions for Hidden Valley, the city, and the region, will be able to continue to attract top-rated talent by offering them the type of community they want to live and invest in. Considering the issues mentioned above, we respectfully request that you vote against the proposal to amend the current zoning by-law, as requested under this proposal. We urge you to prioritise and preserve the unique character and tranquility of our neighbourhood, Current residents, many who are professionals, have chosen to live and invest in this thriving community that because of the existing zoning by-laws and Master Plan. By maintaining the current zoning and standards, you will help ensure that the city of Kitchener and Waterloo Region continues to attract medical professionals and business leaders that will help the wider community continue to thrive and grow. Many of our concerns echo those already expressed by city officials during the planning process and which the developer has not adequately addressed. Thank you for your time and consideration. We look forward to reviewing a revised proposal that adequately addresses our concerns. Page 389 of 441 ;' �') SHY '111 11 , ! f!' I tri }:I 1 (df e'[ d�� � hd'I' fl " �` Iii / ( ' , " ) I f ( I T s l f , } I L�y Mmw I JvAl o slr Page 390 of 441 Adduuss, 'sP'pV,<y jjptoLbp Alwa- r, <-- 33 let, 42 Z�kl&�xw-0,6z> sr d4 I 011 '110 Page 391 of 441 mmmmm� Page 392 of 441 AA Page 393 of 441 PAS -�)OtJOAL- ............ . . .............. . ... . . .. . ............................... we 411, s" se IT9 Er i (Ai'ko Dctro 0 C, yyre , xt, SIO gq cell AA Page 393 of 441 m00i V% , v 'jj Page 394 of 441 KA Rol, o 1 �-) 6 Ilk o X) btEl, "I A), Of C jC m00i V% , v 'jj Page 394 of 441 shcvdyo JoAnna BrunnennW on MmIf of the Hidden Valley COMMUnity Name Address 2 ng ro " flows K."As 6 1017 8 10 12 Phone sigmuhwu A, 414, 0 4, Page 395 of 441 Name Address Phone Signature 139, PC) 71 72 73 75 4 Page 396 of 441 A4 J(t 59 61 62 63 i�d 64 66 67 68 139, PC) 71 72 73 75 4 Page 396 of 441 Sincerely, JoAnna Brunnenmeir on behalf of the Hidden Valley Community 11 12 13 14 15 IN w if 19 20 Page 397 of 441 Narne Address Phone Signature . . ........ 2 fattjcK 3 uckrt qrn 4 viv �Qr� "lov's-sk p 10 11 12 13 14 15 IN w if 19 20 Page 397 of 441 From: ]asonDeneauh Sent: Wednesday, July 1l2OZ31:OOPM To: Brian Bateman Cc: Elizabeth Leacock Subject: Fwd: Condominium Draft Plan Review Decision- 1O1OHidden Valley Rd. Hi Brian Not sure who this should go to. Thanks Jason From: Sent Tuesday, July 11,ZO23 7:46 PM To: Jason Deneault Subject: Condominium Draft Plan Review Decision- 1O18Hidden Valley Rd. HiJason, myname isPaul Asket and xveare the owners Kitchener, ONO2C2R4in Hidden Valley. Please add us to your mailing list when decisions are made about the development Thanks Paul Page 398 of 441 Sent: Monday, June 19, 20235:32PK8 To: Brian Bateman; Jason Deneau|t c#' 'AsNey&1eston' Subject: Urgent Opposition toProposed Development: Preserve the Integrity of Hidden Valley Neighborhood Attachments: 682185—Hidden Valley_Planning Justification Report (incl. Urban Design Brief You don't often get email from Dear Brian and Jason, We hope this email finds you well. 4aaconcerned member ofour community, weare writing toexpress our opposition tothe proposed development project at 1018 Hidden Valley Road, specifically the requested change from R1 to R2 zoning to accommodate a condominium unit. This project is already being advertised for sale appears to beabove process. While we acknowledge the need for progress and development, I strongly believe that this particular makes our neighbourhood so special. VVerespectfully request your support invoting tomaintain the current R1zoning for this property, in alignment with the approved Hidden Valley master plan presented by Brandon Sloan, the project manager, and endorsed by the City of Kitchener, MNRF, GRCA, and Region of Waterloo. I kindly urge you to carefully review the planning justification report (21221A Hidden Valley) submitted to the city, taking into consideration the following significant concerns raised: 1) Existing Residences: The comments from the city's review regarding potential overlook issues (comments 16, 29) have not been adequately addressed by the builder. Merely citing the generous lot depth of surrounding properties is not a sufficient reason to allow an overlook problem to arise. The current homeowners have chosen this area under the understanding that it is zoned R1, and they could enjoy single-family homes on spacious lots with the protection of existing trees in their backyards. R2 density poses privacy concerns that differ greatly from those ofR1zoning. 2) Water Runoff: The proposed plan includes units 6, 7, and 8-15, which are to be built on a significant grade requiring fill. This design will increase the amount ofhard surfaces and roof coverage, potentially leading to water runoff issues for the existing properties situated at lower elevations. The builder's comment (33) acknowledging that the grade is too steep for orientation raises further concerns regarding water runoff into the current community. Page 399 of 441 3) Snow Storage/Removal: insufficient snow storage provisions in the current plan, with only two small snow storage sites, have been considered. Moreover, transitioning toR2zoning would result in increased roadways and driveways, which were not taken into account during the site plan approval for RI zoning. This oversight would force residents to contend with snow accumulation on the streets. The existing city policy clearly states that municipal parcels in residential areas are not adequate for snow storage, and the proposed site would face similar challenges. With snow and subsequent melt water would endanger the sidewalks onthe current roads. 4) Parking: The current plan allows for only one space per dwelling unit, comprising a single -car driveway. Considering the nature of these condominium units, it is evident that one parking space will be insufficient, necessitating the use of secondary parking, However, the existing bylaws would prohibit parking onthe common rood or in front mfproperties. The builder has also failed to address the issue of visitor parking, further exacerbating the parking problem. These shortcomings will significantly impact the residents of River Birch Street. Couple this with the only access to river birch st, is the sidewalk and snow storage issues noted above. One could contemplate that there will be a single car garage for these units, but later in report, when addressing bike storage (comment 31) builder states "similar to a subdivision with detacheddvveUin8s"bikestoraQebpnovidedinindividua|dweUin8s.VVhichthenfurtherreduces that chance a garage will beused for cars. S) Design Elements: |ncomment36,thecbyemphasizeytheinnportanceofrespectingdhe character of adjacent houses and enhancing the neighbourhood. Unfortunately, the builder's response to address this concern is insufficient and lacks a comprehensive approach. Maintaining the R1 zoning would be the most effective way to respect and enhance the neighbourhood. 6) Accessibility: There is currently no sidewalk connecting Wabanaki to the neighbourhood, which presents a transit accessibility issue. The builder's proposed sidewalk to connect the community to River Birch Street, specifically in front of unit #7, contradicts their own statement (comment 33)that the frontage on River Birch Street is too narrow and the grades are too steep for an orientation towards it. Placing snow storage in front of unit #7 would compound the problem, obstructing the only accessible sidewalk and creating hazardous conditions. 7) Infrastructure: Wabanaki serves as the main exit road to Fairway and the highway, and it already experiences severe congestion during peak travel times. The current intersections are insufficient to accommodate increased density deep within Hidden Valley. Until the completion of the River Road extension, any development beyond R1 zoning should be restricted. Premature development of this nature at the proposed location would strain the existing infrastructure. 8) Schools/Ward 3: Ward 3 faces unique challenges, particularly within a 2 -kilometer radius of the proposed development. The area experiences a high level of transient and unhoused individuals, as well as drug activity. The density within this radius is already significant, and the Hidden Valley Master Plan includes additional high-rise residential, medium -rise residential, mixed-use, Page 400 of 441 and R2 developments. Preserving R1 zoning is crucial to attract families and address the urgent need for single-family homes in this ward. 9) Planning Act: Comment 22 references sections of the Planning Act, specifically Section 51(24j) concerning the adequacy of schools. Howard Robertson, a school already serving a high number of low-income families in KW, requires the development of middle-income family catchment areas. Preserving the existing R1 zoning would help address this critical need. hc.-school-on„html 10) Ecological Impact: The property opposite the proposed development is considered a significant wildlife habitat, serving as a crucial thoroughfare, and living space for various wildlife species. The current development plans entail the removal and damage of most, if not all, trees, resulting in a barren landscape. The final proposed development would eliminate the wildlife corridor and sever access to the Hidden Valley forests from the Grand River. The builder's response to tree preservation concerns throughout their planning justification report lacks a commitment to saving trees beyond what they deem "reasonable and practical.” In conclusion, I implore you to reject the variance for R2 zoning and advocate for the preservation of R1 zoning for this property. The builder's own statements repeatedly reference the desire for a subdivision with detached dwellings, which aligns with the wishes of our community. We are not against development in Hidden Valley, but we firmly oppose the proposed change to R2 zoning. Sincerely, - . • Page 401 of 441 From: Sent: Tuesday, June 20, 2023 2:06 PM To: Brian Bateman Subject: Re: Info for Jun 21 meeting You don't often get email fromq°,,".r°:s uir•ra r Good afternoon Brian, I was speaking with many neighbors and most did not receive this postcard. I did eventually receive mine in the mail. Was it meant to go out to the whole neighborhood? Also, the developers have already advertised these homes for summer 2023 on their website. Is this still not in planning processes as you assured me in our conversation? If so, this sends a message to the neighbours that our voice doesn't factor in and it's already a done deal. I've attached the link below. Looking forward to the meeting tomorrow. Ev nstone Homes At IEvarnstone Hlornes And Enraya Development we offer Iluxwy Ihorvne construction and reM estate 6Ia::"ve�oprVnent services, t„.)ur corr'nrnUflifiEeS can be fcnu➢rnP:I thrnuusgh(� :)uat. the wh6e sc�nu.ut.hw(,! sterrn cw(:.)uast cu( Ontario, Canada. B=iro n,n new bUilc:ls tcn cOinstu`Ucdorn and interior design services, we (provide a luuxwy services for your www,gyanstc rrkhoerres.cotri From: Brian Bateman <Briap.Batema�kitchener.ca> Sent: Tuesday, June 13, 2023 2:57 PM To: Subject: RE: Info for Jun 21 meeting Hi Dianna, It was nice speaking with you, too! Postcard Notice is attached. If you need anything else, please feel free to contact me. Page 402 of 441 Brian Bateman, MCIP, RPP Senior Planner City of Kitchener 519-741-2200 x7869, TTY 1-866-969-9994 From: Diana Ragno < Sent: Tuesday, June 13, 2023 2:47 PM To: Brian Bateman <Brian. Bateman@ kitchener,ca> Subject: Info for Jun 21 meeting You don't often get email fromDarn wh,r this is important. Hi Brian, It was nice speaking with you. Please email me the postcard regardingr the Hidden valley meeting on June 21. EM Page 403 of 441 From: Sent: Tuesday, June 20, 2023 7:48 PM To: Brian Bateman; Jason Deneault Subject: URGENT Opposition to Development in Hidden Valley You don't often get email from krn wlryJ.h�l. Hello Jason and Brian, We have just received your notice today - June 20th, 2023 evening requesting comments due on the SAME day. Therefore, we can only offer preliminary, initial reactions. At first glance, this development does not appear to fit with our existing estate homes. They would be much smaller and crowded together with limited living space and insufficient parking for condo owners, visitors, and emergency vehicles. We need more R1 development in our city. We desperately need to attract tech, business and medical professionals who require R1 lots. Safety concerns with the current infrastructure include: no sidewalks and steep hills with blindspots on Hidden Valley Road. This new development will greatly increase the number of vehicles - both service and private. Present backlog of traffic on Wabanaki is significant. The public transit and walk to the LRT is long and illogical - definitely NOT a 15 minute walk as stated. The responses from the builder in the report to critical questions are vague and evasive. He side SteDDed critical issues. Also, are concerned about serious etvtmiAie*tA chwilees to Vile seisitim IMT 141 and Valerie Piron Address: Page 404 of 441 �'%T 7 Sent: Tuesday, June 20, 2023 2:35 PM To: Brian Bateman; Jason Deneault Subject: Major Opposition to Proposed Development - Hidden Valley Neighborhood Ymi don't often get email from gaM)Mh o this is important Hello Brian and Jason, I am very concerned about the negative impact of the proposed development in the Hidden Valley neighborhood, a unique area that needs to be preserved. The character of the neighbourhood would be damaged; as the recent proposal does NOT provide a compatible rural -like setting regarding lot size and living space. Terms like "vegetation maintained where possible" are unsatisfactory to describe the removal of 120+ trees. The negative ecological impact on this natural environment has not been addressed. The proposed home design is simply NOT compatible with our existing homes or lifestyle, Our city needs more R1 development to attract growing business needs. Please reconsider this proposal. We need to be smarter on how we are opening sensitive lands for development. In addition, our infrastructure simply cannot support this development. Since we have all made serious personal decisions to lifestyle choices, we were NOT given sufficient time to respond with proper, professional, independent research to address your abrupt and impactful mandates. Jackie Piron River Birch Street Page 405 of 441 From: Sent: Tuesday, June 20, 2023 9:36 PM To: Brian Bateman Subject: Virtual Zoom Meeting June 21st - Questions [You don't often get email from why this is important at h11s: C Pra.mjLearnAbout5enderldgn_tification ] Hello Brian, Here are some questions we would appreciate answers to at the meeting tomorrow evening. - The developer is proposing a condominium road with no designated parking area. Does this mean guests will be parking regularly on River Birch?Is extra parking not required? - Are there any restrictions to when you must have a city road and not a condominium road? - Lighting on Hidden Valley Road is poor? With or without this development, will lighting be addressed by the city? - If any form of a new development is accepted, will fencing be erected around 996 Hidden Valley Road? What happens if there is no agreement around trees that are recommended to be removed? Snow removal.... there does not appear to be enough space designated for snow? - Where will mail boxes be posted? - What will be the size, cost, building materials used for the proposed homes? - The developer has not provided proper answers (details) to many of the questions posed by the city. Will they have to provide more detailed answers - Based on the city population do we have enough acreage lots in the city. -If this is approved when would it start and finish. Why has it taken so long for George Shouvtas Crescent to have any construction. - Having higher density housing would adversely impact the entire city for decades to come. Every city requires more "exclusive" pockets of housing to attract top level talent to our area. By devaluing an area like Hidden Valley, you risk losing the ability to recruit physicians, CEO's and new corporate business (like an IT startup) to the area because of a lack o housing and supports for the higher level management. KW is sorely lacking physicians from multiple specialties, Part of that reason is a lack of attractions to draw them away from other cities. Growing Hidden Valley, but in a way that suits the existing housing, would help recruit more physicians to our area and thus improve the overall health of our city. Page 406 of 441 What bthe policy on the invite distribution, This does affect other home owners in Hidden Valley and Look forward to answers to these questions at tomorrows meeting. Thanks! Page 407 of 441 * Can the developer provide more information of product they plan on offering? Bungalow or 2 Storey? * Unclear afwhy the lots are staggered other than developer maximizing lotting. Creates two future residences backing onto each existing River Birch & Hidden Valley Crescent residences. Lotting should be revised to match those on River Birch. � "...yardstominimizepotenda|impacts.Theexisbn8treeedQewi||bemainta)nedandenhanced (where possible) through additional plantings to minimize the potential for overlook! c> Can the City/Developer elaborate onhow this will beachieved? m Possibility ofaprivacy fence? o Is there aproposed landscape plan ~ Can the developer/planner provide across section showing the grade difference and possible massing/height considerations between the proposed houses on Units#1-7 to existing homes on Hidden Valley Crescent. (see example provided — see attached) � Can the developer/planner provide a cross section showing the grade difference and possible massing/heightcmnsideratimns between the proposed houses on Units#O-15toexisting homes on River Birch St. (see example provided—seeattached) RIzoning should be maintained especia||ythe1QMtrrearyard.Thiswou|dhe|pvvi1hthe''over|nok".R2zoninghasa7.5Mtrset back. a The amendment to setback should include all structures such as decks & sheds. Sidewalk (Staff Comments 18, 32, 52, 53, 55, 72) � Confirm that a sidewalk will be installed on Hidden Valley Road to Wabanaki, considering both proposed entrances are off of Hidden Valley Road stagger a hill (creating driver blind spots). This is a pedestrian safety issue. This issue is in violation of the City of Kitchener's Urban Design Manual. � "...yards to minimize potential impacts. The existing tree edge will be maintained and enhanced (where possible) through additional plantings to minimize the potential for overlook! o Can the City/Developer elaborate onhow this will beachieved? m Possibility ofaprivacy fence? (-,) |sthere aproposed landscape plan Will street lighting on Hidden Valley Road be enhanced/improved? This too is in violation of the City ofKhzhener'sUrban Design Manual. Can Staff/Developer explain the purpose of the access from Hidden valley Drive? Other than access to a proper sidewalk. Page 408 of 441 From: Chris Malleck Mll Sent: Wednesday, June 21, 2023 2:56 PM To: Brian Bateman Cc: Jane Malleck Subject: Neighbourhood Meeting Questions - Hidden Valley i You don't often get email from a�m�% ,k:7, t��u�,_)r a rarlm! i' HI Brian, I know you have been sent several comments and questions around the proposed development in Hidden Valley. I have some more issues that I am concerned about but I don't necessarily want to discuss them tonight unless we bring them up. Thanks 1 In the Planning Justification Report in 2.2.1 there is no mention of my home 996 Hidden Valley Road. I think the fact they are proposing 13 homes directly and indirectly back onto 996 Hidden Valley is significant and should have been properly documented in 2.2.1 as well as the fact that the "existing residential" is one single family home that is zoned R1. 2, In 4.4.1 the comment is made that "the proposed density of 8 units per hectare is compatible with the surrounding community." That is misleading and inaccurate in my opinion. 3,. 1 have a huge concern about pedestrian traffic exiting on to Hidden Valley Road and the last thing I want is a sidewalk covering the frontage of my property. In my opinion it would be inappropriate for the area but I know the pedestrian traffic will be problematic. 4. It was suggested that units 1 and 26 should be facing the street. I agree with this as we will have 5 houses on this section of the road and three will be side facing, I believe that on George Shouftas Place that one is facing the road and the other is not. Page 409 of 441 From: Sent: Wednesday, June 3I,JOZ38:57PK4 To: Brian Bateman Subject: School Zones, review You don't often get email from Hello Brian I am at Kitchener, ONN2C2V2, and spoke with Councillor Galloway many times. I am the original owner, and have a son, who was going to start JK, he was suppose to go to the Robertson school, and I checked it out, the neighbourhood was a dilapidated mess, dirty and no respect for property, however I went into the school, and it was fine, from what I could see... However the danger of King st, and Fairway, with the advanced green light, the firestation, it creates a very high risk situation for a child 4 years old in a bus, or even if we were driving him. The school zones need to change, and this school needs to be dropped from the hidden valley area. | had an after work care person for Max and she was across from Wilson school, and that is where my son goes. |tisa more direct route, and safer. Fairway road was supposed to be widened, and it was put on hold, correct me if I am wrong. When is this going to happen? it is absolute murder for me to get home from one of the two hospitals in the area... The comment about Wabanaki, and the traffic, was very valid and that road is used as a BY PASS instead of going on Fairway road, people are using wabanaki ..... I have seen the study people at the corners and the black cord on wabanki, the problem in this city, isthat there was noconsideration for population increase, bigger and better road systems, timing ofthe traffic |ights—. I did not catch the name of our Councillor, can you pass on his information to me? On a personal note, I did not like the City taking control of this meeting, it was a one sided discussion, and there were no pictures of residents, time for a discussion. This was done on purpose for time, and to control the responses, I find that very underhanded, and unprofessional, This last comment is not directed to you, but to whoever created the meeting. Have agood day and thank you for your time, Susanne Page 410 of 441 Sent: Thursday, June 22, 2023 4:51 AM To: Brian Bateman Subject: Please keep me in the loop on the land development proposal at 1018 Hidden Valley Rd Good morning Brain Greatjob presenting last evening the 26 -lot vacant land condominium proposal at 1018 Hidden Valley Rd. I live and have a home office for our family business in the area, so please keep me in the loop. Jake Jake Benjarnins Broker of Record WRiver Valley Dr. Kitchener, N2C 2V6 Mobille: (519) 496-4370 Bus: (519) 575-9092 Fax:'(519) 489-2842 LaLke( BeniaryfinsRealty.com www.B aryJnsF:Zea . om Page 411 of 441 Sent Thursday, June 29,JO239:15AM To: Brian Bateman Cc: UdikoDanoczi Subject: New development in Hidden Valley [You don't often get email from earnwhy this bimportant at lown the property and|would like ioexpress myconcern with this new development that is being proposed for 26 new houses at 1018 Hidden Valley Rd. 1). First of all, this area has always been zoned R1 in alignment with the approved Hidden Valley master plan presented by Brandon Sloan, the project manager, and endorsed by the City of Kitchener, MNRF, GR[A,and Region ofWaterloo. That master plan addresses Zone R2housing inthe area. The Hidden Valley master plan was approved by all residents, and until housing in the current approved R2 areas is constructed, any new zone changes should beput onhold. 2). 1 have been a resident here for almost 25 years and have never opposed any of the developments here. I supported the River Road extension because we already have a huge traffic problem on Wabanaki Dr. during peak times, and this zone change will make it significantly worse. Perhaps the but until the River Road extension is complete, I think adding to the existing traffic problems is a very bad idea. At the very least, this proposal should be put on hold until the River Rd extension is complete and the impact of this zone change on traffic can be evaluated. 3). In addition to the traffic problems, I feel that the parking issues have not been addressed at all. One space per unit is completely unreasonable, especially considering the nearest stop on the LRT is over 1.5kmaway. |nmost areas where Zone R2housing isallowed, there islots ofpublic transport within reasonable walking distance. Every house inHidden Valley has atleast 3-4parking spots and with the inadequate parking in this new development, it will mean that cars will be parked on the road, obstructing snow ploughing etc. Aswell, itdoesn't appear asthough any consideration for guest parking has been made. 4). Snow removal seems tobeanother issue. Two small snow storage sites does not seem tobe adequate to me, and if not addressed properly will result in safety issues with snow accumulation on the streets. 5). VVealso live inanarea where there islots ofwildlife and whilst the foxes, wild turkeys, deer, osprey, rabbits, coyotes, raccoons, skunks etc are not endangered, they pass through the area of the proposed zone change area to0otothe forest adjacent tothe area. They will need tmfind adifferent place to cross and this has not been addressed. As residents weare always very careful towatch for deer/turkeys etc crossing indhotereavvhenvveare driving down Hidden Valley Rd, and I personally don't feel that anything has been done to address the Page 412 of 441 As well, has any study been done on the impact of salamanders - the River Road expansion was delayed by over a decade because of the salamanders. Has there been any studies on how this development will impact endangered species? 6). Last, existing residences and design elements have NOT been addressed at all. The Hidden Valley area has always been an R1 neighborhood with large lots and significant privacy with trees etc. When I purchased my lot, there were minimum requirements by the builder in terms of square footage, roof lines, colors and finishes. I abided by all of those, and I am sure the proposed housing will be nothing like the existing houses in the area. Notwithstanding the size of the units, what is to prevent the current builder from using the cheapest finishes on the units? Has any consideration been made to assuring the new units will at least have similar external finishes to the existing houses in the area? 7). A few years ago, the City changed the garbage pick-up to once every two weeks. With this zone change will they bring back the weekly garbage pick-up? Currently we need to keep garbage in our garages because of raccoons etc. If weekly garbage removal is not brought back, does this new proposal have an area to store garbage? majorAs I said at the beginning of this e-mail, I am not opposed at all to development in this area. However,;� 4... not appropriate 4 I would like to express opposition 4 this current zone change proposal. As well, can you please add me to the e-mails that are sent out regarding the prop•...*4I zone change? Tom Gosling Chief Executive Officer Gosco Valves 1272 Speers Rd., Unit 4 Oakville, Ontario L6L 5T9 Fax: (905) 825-4051 htt s: car�0:n..safr Yan9cs" . rotectaor�.outloc>k,com :�ur9 htt % A%2i %21 www.. psgpyaj! es.com%2F data= „ /W ,W�M 1.......,.. _ _ _ T.._... _ ........ _.�. �...w. 05%700I%1Cbdan.baternan 401dtchenerca 1C a0efab800b14e0472110 a�,,Ma3a ca%7Cc:703d7 15 ,�.nn,rvrvry , ff4a59255622ebafi:zOb%700%700%7C68286416p388J1,82.f7%'!C"UnV(ii°iowrn%,°ICU89p!CsdBe .i W,JouV4wUAwJQA_uLCI,Q.i)iV2luK�LOi.LCJB'i"ol61VsI,haWwiLCJXVC6M-iO%3D%4C3000%7C%7C%7_C .sdata ..... ....... .............. ......... _. .-SYci,E4c.Xn.C4eX,ri,J3itZA9 2 , L .X11. , ,7 , j�J(P UZdZ h,%3D&,r-eserved Page 413 of 441 From. Jason Cabral <JCabral@mte85.com> Sent: Friday, June 30, 2023 9.49 AM To: Brian Bateman Cc: Katie Wood; Paul Eichinger; Michael Felinczak; Jeff Martens Subject: 1018 Hidden Valley Road Proposed Development - Community Feedback from Pearl Valley Development Corporation Attachments: C-103—SAN Drainage Area Plan.pdf; Hidden Valley Road P&P.tiff Good morning Brian, MTE has been retained by Pearl Valley Development Corporation (PVDC) to provide engineering services for their future development lands in the Hidden Valley area generally bounded by Hidden Valley Road to the north, east and south, and by Wabanaki Drive to the west. We understand that the City has received an application for Official Plan and Zoning By-law amendments for a vacant land condominium residential development located at 1018 Hidden Valley Road (directly across Hidden Valley Road from the PVDC future development lands). We also understand that a neighbourhood meeting took place on June 21 to receive feedback from the community regarding this development application. As a neighbour of this proposed development, and by way of this email, PVDC wants to bring to the City's attention a few items for the City to consider during the approvals process for this development. During the development of the Hidden Valley Subdivision (also known as the Kruse Subdivision), constructed in 2006, sanitary drainage from a portion of the PVDC development lands (know as the Future Residential Development - 30T-88045) was accounted for as draining to the River Birch Sanitary Pumping Station located on River Birch Street west of River Birch Court. As part of the design of the Kruse Subdivision, this drainage along with sanitary drainage from the lands located at 1018 Hidden Valley Road was proposed to drain south via the lands located at 1018 Hidden Valley Road and connect to the 200mm diameter sanitary sewer stub provided on Block 59 of the Kruse Subdivision immediately north of River Birch Street. See attached sanitary drainage area plan for the Kruse Subdivision (with the PVDC Future Residential Development - 30T-88045 highlighted). We want to bring this to the City's attention to ensure that sanitary drainage from the PVDC future development lands is considered at this time and that a municipal sanitary sewer is provided to the PVDC lands for their future use through the lands located at 1018 Hidden Valley Road. We would like to raise another issue related to storm drainage onto the PVDC lands. In 1989, as part of the Region's installation of the 1200mm dia. raw water transmission main, Hidden Valley Road was re- constructed to an urban cross-section including a 300mm dia. local watermain as well as a storm sewer. See attached as -recorded plan and profile drawing. As part of the work, a 750mm dia. storm outlet was installed at the low point in Hidden Valley Road to collect and convey drainage from the storm sewer on Hidden Valley Road and discharge north onto the private PVDC lands. Note that directly across the street from this storm outlet is the east frontage of the 1018 Hidden Valley Road property. We want to bring this to the City's attention for their consideration at this time because we don't believe that there is an easement or agreement in place nor is there direct access to a watercourse and as such in our opinion, the City does not have a legal outlet for this stormwater drainage. This situation should be rectified - Page 414 of 441 We recently had a meeting with City staff (Katie Wood — cc'd on this email) regarding the overall PVDC lands and the above items were raised, however, Katie recommended that we setup a separate meeting with you and other City staff (Engineering Niall Me|anson)tospecifically discuss the above items. VVe trust that once you have had a chance to review the above and attached, we are able to schedule a meeting with you to discuss and review these items in more detail to find appropriate resolutions. If you could please provide the City's availability over the next few weeks, we can then assist with setting this meeting up. We are looking forward to hearing from you to schedule a meeting. Thanks, Jason Jason Cabral, C.E.T. J Manager, Land Development Division MTE Consultants Inc. T: 519-743-6500 x1 254 1 &ia braj@L 520 Bingemans Centre Drive, Kitchener, Ontario N213 3X9 mrrE's structuirall engineering team Us growling again fo�Uowingthe acquisition of IVIfli0nan& Notice: The electronic information provided is confidential and privileged, and may not be used for purposes other than work related to the Subject project. Redistributionorcopies mothers made without written permission from MTEConsultants Inc. isstrictly prohibited. IVITE assumes no liability or responsibility, and makes no guarantee or warranty with respect to the data contained, either Page 415 of 441 From: Sent. Friday, July 7, 2023 4:39 PM To: Brian Bateman Subject: Draft Plan of Condominium - 1018 Hidden Valley Road You don't often get email from l+''��I�I��,��r'�'+��►rl�l' � n_v W _tl�Wis_o�� uryrr?c rt:irl( Hi Brian, I live at���in Hidden Valley area and although my property does not back onto the proposed development I am writing to you to express my concerns and to obtain more clarity with respect to the answers provided by the developer. 0 Lot Setback: All of the existing residents in the Hidden Valley area understand the need for housing in the region and that this area will be developed. We also feel that there is a certain character in the neighbourhood established over the years, including the distance between side by side homes as well as lot sizes. The proposed project provides for adequate lot widths as the existing lots on River Birch but the River Birch subdivision has a side lot setback of 3 m per side whereas the proposed project is asking for 1 m per side. I believe that allowing a 1 m setback from the lot line will make this development too crowded and not conform with the existing character and look of the overall neighbourhood. I believe that this is perhaps the most important issue in this discussion and if the rezoning is to be allowed, I ask that there would be a condition on the side lot setbacks. Lot Depth: The River Birch lots are much deeper than the proposed lots. Under the proposed project, the lot sizes are only 100 feet deep and the lot setback under the R2 zoning would be 20 feet. There would be over look issues due to how close the proposed project houses would be to the neighbour's fence, pools, etc. I understand that the developer has responded that they don't feel this should be an issue because the existing lots this neighbourhood will be backing onto have deep lots. The issue in my view is that one may decide to put their pool closer to their back fence and these houses being built only 20 feet away would pose privacy issues Width of Condominium Road: The condominium road very narrow and would present problems for street parking especially during the winter months 0 Snow Storage: Being a condominium development, the development will be tasked with snow removal. The proposed snow storage area is not sufficient and depending on the type of winter we are having this could be a problem every year Wildlife Study: The proposed project will have significant impact on wildlife in the area. The area is the crossing path for deer, coyotes and other wild life to the river and back. I believe that a wildlife impact study needs to be conducted before proceeding. 0 Traffic Study: The area currently has traffic issues coming out of the neighbourhood onto Wabanaki Drive and then to Fairway. There is already a congestion issue and adding these additional 26 homes would further aggravate the issue. I understand that a traffic study is not required for a development of under 100 units but there is already an existing issue without the proposed development. The proposed River Road extension is expected to alleviate the traffic issue but this extension is not scheduled for several years into the future. It would make sense to have the infrastructure in place first before proceeding with the development Page 416 of 441 developer to ensure the preservation of the neighbourhood's character prior to allowing rezoning of the property and allowing the proposed project to proceed. The developer's responses toCity Staff questions are vary vague and non-ozmmittai | find the questions posed by City Staff very relevant and they need to be properly addressed with proposed solutions to which the developer can be held accountable prior to proceeding with any zone changes. There should also be conditions imposed as a condition of approving the zone change to ensure that the lot setbacks and lot sizes are similar to the existing lots in the neighbourhood. Thankyou Mike Panayi CBV CFA Page 417 of 441 From: Sent: Tuesday, July 11, 2023 5S9 AM To: Brian Bateman; Jason Deneault; Robert Brunnenmeir Subject: Development in Hidden Valley - River Birch concerns Hi Brian and Jason, I wanted to follow up with some of our personal concerns. We live at which is directly behind the subject development. We are on holiday, so forgive the less formal email approach this time around. We can follow up with a more formal letter, but wanted to get our thoughts to you before the city makes their recommendation to council. 1) Overlook and privacy issues are a primary concern. The back 30 feet or so of our lot has a hill with an elevation difference of approx 25 feet. By my approximation, the back of our lot is already looking down about two stories into our usable backyard and swimming pool. If the grade is raised further and the house built directly behind us is a two story with walk out, it will be like a four or five story apartment building looking down onto our pool and yard and only im away if the proposed setbacks were to be approved. To minimize future privacy issues, we spent tens of thousands of dollars on landscaping and trees when we moved in, but although some of those trees are now in the 15 foot range, they will do little to protect us because of the substantial elevation difference and minimal setbacks being proposed with this zoning change. Given the current zoning and lot setbacks, privacy and overlook issues were not previously a big concern for us. We always knew at some point there would be houses, but that the zoning and additional privacy screening we established would allow us to maintain our privacy. This proposal has come as an upsetting surprise. We would suggest that the setbacks onto existing properties, particularly ours, be significantly increased and that building height where there is a huge elevation difference be kept to single story plus walk out. Trees that will grow in quickly should also be planted on the subject property. We have done everything we can on our end to develop and maintain privacy, and now we implore the city to require the developer to do the same. 2) Water issues are also a significant concern. There have always been water run off issues from the subject property onto our own. The water plan provided by the developer does not seem adequate as we have already experienced flooding on our yard from spring run off from the subject property. The provided MTE stormwater management report and the previous Stantec report from 2011 both show water runoff directly onto our property. Once it is developed with houses, roads and driveways, the increased water flow that will come through our tree line and into our yard will be very damaging. In 2018, the water run off was so significant that a river from the subject property developed which ran down our hill about midway through our yard and then onto the city boulevard and it lasted for several weeks. A sort of sink hole developed around the street light and the underground concrete parts were exposed. Every year we have brought in truckloads of soil, mulch and other compostables to try and mitigate the water flow. We worry that the water testing provided unreliable results due to the very dry conditions this year. Additional water mitigation methods behind our entire property should be instituted. The current water runoff areas we experience are to the west and outside of the proposed mitigation strategy. A swale is not sufficient because a future property owner may choose not to keep it. 3) Parking and aesthetic issues of the retaining wall are also a concern. Being that we are right next to the walkway, visitor overflow parking would likely occur directly in front of our house. Since our city taxes pay to maintain the roads and sidewalks in front of our property and the developer(s) of the Page 418 of 441 existing neighbourhood likely had topay fees tothe city toestablish these, wewould suggest that they be kept for use primarily by existing neighbours, who have paid for this privilege. The new development should have its own plan for guest parking and not rely on the walkway between neighbourhoods and parking provided at the expense of existing neighbours. The new development will enjoy car free streets and we will be forced to deal with the inconvenience of looking at cars and struggling to find room for our own guests to park. Additionally we are concerned about the appearance of the proposed retaining wall and guard rail. We have gone to very significant expense to landscape our yard and install a fence and the retaining wall and guard rail will be something we have to look at every day. It should be something that the developer is required, to invest appropriately in with armour stone and iron fencing on top. I am afraid this retaining wall will be completely out of place for the neighbourhood and look like something onthe side nfahighway. 4) Loss of mature trees is bad for the community. There are trees beside us that are likely hundreds of years old. They are well established and give our neighbourhood a rural feel. In addition, they provide shelter to osprey, deer, foxes, coyotes and other wildlife. Please see the article linked about Wood Thrush: ht FZ1!2it9mY?._.itY Em The trees also provide adegree ofprivacy. There are extremely old trees to the east of our property which are part of the current neighbourhood landscape on River Birch st. To take these down would be doing a disservice to the entire community and the wildlife that lives here. Because of the significant grading issues noted by the developers for this parcel of land (ie, they can't change the house orientation etc.), why develop this small area at all? The developer has also noted that all of the trees near our lot line are at risk, with at least one suggested for removal. This is unacceptable. These trees are our only way to maintain privacy and we have invested significantly into them. Overall, we feel that additional sensitivity needs to be taken by the developer to ensure that current residents do not experience significant negative impacts in the interest of increased private profits. These new houses will not provide low income housing, regardless of the lot setbacks and building height, so by establishing special measures to mitigate impacts on current owners, the development can proceed but not at our expense. Guest parking should be established within the proposed development, development and setbacks should be pushed back and reduced to preserve mature trees and maintain privacy. Lot sizes should be required to match what already exists in River Birch, butnotiustthezoning- the actual existing lot sizes. Strict height requirements should be implemented for houses that will overlook existing neighbours ata significantly lower elevation. Additional water mitigation strategies should also beestablished. We would welcome you both to walk our yard to contextualize and visualize our concerns. We return from holiday onJuly 2Sth. Many thanks again for your time and consideration. ]oAnna(and Robert) Brunnenmeic Page 419 of 441 Thanks for re-oending. | 'll work with what you provided but ifyou could doub|echeck when you are back from vacation, that would be appreciated. Brialn Bateman,, MCIP, RPP Senior Planner City of Kitchener 519-741-2200 1-866-969-9994 xinnageOO1.pn8> <image002.pn8» <image003.png> <ima8e004.png> <innage0O5.pnQ> <imageOOG.png> <image007.png> ximage008.png> - 4nnage009.png> <ima8e81O.pn8> Sent: Monday, July 10, 2023 3:28 PM Subject: Re: Development in Hidden Valley There were two versions circulating and the other version (the one I wasn't in charge of, lol) has some gaps in the middle. There should be over 150 signatures. I was on a time crunch to get this signed before I left, otherwise there would have been even more signatures. As long as you are seeing more than 150 signatures, I think you should have all pages. Page 420 of 441 Thank you, JoAnna Brunnenmeir On Jul 10, 2023, at 8:47 PM, Brian Bateman <Brian..Bailteim,an@kitchenerca> wrote: Hi JoAnna, Can you please cloublecheck the attachments you sent to ensure I received all the names on the petition. It looks like a sheet or two may be missing. Much appreciated. Brian Bateman, MCIP, RPP Senior Planner City of Kitchener 519-741-2200 x7869, TTY 1-866-969-9994 <1mage001 pnp <iirnageO02. ping> <1irTiage003,,ping> <iirnage004,,png> <irnage005.png> <rnage006.png> ,,1irnage00'7,ping> <irnageO08, prig> <1rnage009,,ping>, <image010.png> Sent: Thursday, July 6, 2023 8:57 AM 154 ra 11 LYN I I wanted to share the following petition that I helped to prepare on behalf of the community. Although we weren't able to make contact with every single house, we Page 421 of 441 have over 1B]adult signatures from with the immediate neighbourhood, including almost every single house on River Birch Street and River Birch Court, and ALL adjacent neighbours aowell asmany other community members. The overwhelming consensus of the community is that the development needs to be consistent with the current community standards and not simply R2 zoning. Please review our detailed concerns inthe attachment. I will send a separate communication with the personal concerns of my own household. Thank you, Thank you, JnAnnaBrunnenmeir <Petition_to_oppose_ZoninR_By-av—/Amendment_IOl8_Hidden_VaUey_Rd.odf> <Sincere|y,.pdf> <Sincere|K.pdt~ Page 422 of 441 Sent Sunday, July 16,ZO23S:4SPM To: Brian Bateman Subject: 1O18hidden valley road Attachments: lmage.jpeg III You don't often get email from Hello Brian, |omoresident of Kitchener Ontario. Today walking nydog | noticed the sign displayed for the planned development. This raised some concerns for not just myself but my household. My family has been living in Kitchener since they immigrated to Canada. I have lived in Kitchener my whole life. Since I was a child, my family would drive through Hidden Valley and dream of living in such a nice neighbourhood. This planned proposal helps disrupt the appeal that Hidden Valley has in the tri state area. Every day we have families driving through the area because of the "hidden treasure" element this area has. Our community pays a large amount of property tax hoping to keep this area quiet. I believe that this planned proposal would draw several houses away from the area including mine. With the amount of time an investment each household has spent making these houses their forever home, condominiums don't make sense. I think the community would be more willing to conform to single detached homes. Rv in the areal that would be disturbed by the increased traffic and number of people in the area. The city has already planned an on ramp connecting very close to our area to divert more traffic into the area, I honestly believe that this development would urge me to move out of the city and look towards Waterloo or other areas that are similar in Cambridge or even further out of the city. Currently this area is one of its kind in Kitchener and it draws a community of people that wish to further invest into the city long term. This really hurts me to see, and if this proposal goes further than a proposal, I see myself leaving this area and most likely this city. Please add me to an email list or keep me updated on developments. Thank you, Get Outlook for iOS Page 423 of 441 From: 2G-detachedhomes athidden Valley Area Sent: Sunday, August 20 2O239:41 PM To: Brian Bateman Subject: N 2G-detachedhomes athidden Valley Area Follow UpFlag: Follow up You don't often get email Hi Brian Myname isy4akvhofidhand Lives at@lWiddenVaKevCrescent, Kitchener. If the proposed deveLopment will, go ahead, it wil.l. affect my home's privacy significantly. I have been living in this home for more than 9 years . I bought it especialLy to get privacy. After all those years I reaRy do not like and not prepare to took at someone's backyard or they Look at my backyard with swimming pool.. My backyard is a pLace where my family and | enjoyed our break from Long working days I'm here requesting to have a waL1 instaLLed by the deveLoper or the city between the even before start construction in order also to prevent noise , dust, chemicaL, or any other buiLding materials. One of my family members has a sever attergy to dust, paint and other materials used in construction . Page 424 of 441 From: ||dikoDarocoi Sent: Fhday, August 18, 202312:22PK4 To: Brian Bateman Subject: Species mLRisk Recovery Plan concerning 1O18Hidden Valley Crproposed development Attachments: attachment1.pdf Follow UpFlag: Follow up Flag Status: Flagged You don't often get email from Good afternoon Mr. Bateman, I am a concerned resident contacting you with regards to the proposed development at 1018 Hidden Valley Crescent, and would like to send you a hard copy of the Recovery Strategy for the Jefferson Salamander and Unisexual Ambystoma, Jefferson Salamander dependent population in Canada as it is a relevant matter that must be considered by City Council and the Planner with regards to zoning changes and residential development. The document reveals important information about the risks and threats that affect these Endangered Species. Species at Risk Recovery Unit Canadian Wildlife Service — Ontario Environment and Climate Change Canada I Government of Canada Please reference this document package inyour request and expect ittotake 2weeks tureceive itinhe Proposed 2023 Amended Recovery Strategy for Jefferson Salamander (Ambystoma jeffersonianum) and Unisexual Ambystoma, Jefferson Salamander dependent population (Ambystoma lateale - (2) jeffersonianum) in Canada Below are pictures of the front pages of the 2018 and the 2023 proposed packages. N6koDanocd - IlWlidden rescent Kitchener, ON, N2C 2H1 Page 425 of 441 Page 426 of 441 Staff Report J IKgc.;i' r� R Development Services Department www.kitchener.ca REPORT TO: Planning and Strategic Initiatives Committee DATE OF MEETING: February 26, 2024 SUBMITTED BY: Rosa Bustamante, Director of Planning and Housing Policy/City Planner, 519-741-2200 ext. 7319 PREPARED BY: Tim Donegani, Senior Planner, 519-741-2200 ext. 7067 WARD(S) INVOLVED: All Wards DATE OF REPORT: February 7, 2024 REPORT NO.: DSD -2024-077 SUBJECT: Building a Connected City Together: New Official Plan Launch RECOMMENDATION: That Staff be directed to initiate work on a new Official Plan for Kitchener in accordance with report DSD -2024-077. REPORT HIGHLIGHTS: • Kitchener is forecast to grow from today's estimated population of 280,000 to a population of 409,200 by 2051. As the city looks to accommodate new neighbours into its community we need a plan — a new Official Plan — to guide Kitchener's growth and shape the way that neighbourhoods evolve and change. • The purpose of this report is to provide an opportunity for the community, through a special meeting of Council, to share their thoughts on what we should look at when developing the new Official Plan. • Kitchener's Official Plan was adopted in 2014, and by Provincial law it is required to be updated. • Building on the Strategic Plan Vision for the City, staff propose that the new Official Plan focus on the following key themes: o Housing supply, choice and affordability o Energy transition and climate change o Complete walkable communities o Sustainable, safe, and equitable transportation o Parks, open spaces and community infrastructure o How and where we grow, and what is needed to support that growth o Creating an economically -thriving city o Equity in the Official plan review process, in the policies that result, and the usability of the Official Plan • The community and collaborators will have opportunities to shape the new Official Plan process. Community conversations will: *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 427 of 441 o Provide meaningful opportunities to shape the plan; o Build community capacity for informed engagement; o Build trusting relationships; o Strive for representation; and o Elicit a broad range of ideas and go deep on the interesting ones. • Consultant and community engagement costs for the new Official Plan will be funded through existing capital budgets that are supported by Development Charges and the Housing Accelerator Fund as the primary funding sources. • This report supports Building a Connected City Together: Official Plan Comprehensive Update BACKGROUND: An Official Plan (OP) shapes the way our city grows and changes, and is particularly impactful at the neighbourhood level. Provincial law, specifically the Planning Act, sets out what an Official Plan can do. That includes: • guiding growth and change mostly related to how land and buildings are used; • guiding decisions on land use, development, transportation, physical and community infrastructure; • translating the City's vision, established through the Strategic Plan, into future uses of land; and • Providing direction for implementing tools like the zoning by-law. The Planning Act requires that Official Plans be updated every 10 years or sooner to ensure conformity with provincial plans (i.e. A Place to Grow), policy statements (i.e. Provincial Policy Statement), and matters of provincial interest identified in the Planning Act. Kitchener's Official Plan is now 10 years old and due for an update. Kitchener is growing fast and facing city -building challenges like the housing crisis, pedestrian and cyclist deaths and injuries, inequity, climate change, social isolation and how to pay for aging infrastructure and city services. We are also presented with opportunities like new mobility technologies, a young and highly skilled workforce, strong neighbourhoods and communities, a rich and diverse culture, and a growing desire for urban connection. The new Official Plan presents an opportunity to tackle these head-on, and ready us for an uncertain future. It should reflect who we are, what we value, and the Kitchener we can become - a thriving city that offers well-being, potential and quality of life — for everyone. REPORT: What must be explored through the new Official Plan project Planning Act — Over the past 10 years, changes have been made to the Planning Act that must be addressed in the Official Plan (OP). These changes relate to parkland dedication, employment areas, community benefits charges and, depending on when certain portions of the Planning Act are approved by the Province, the role of the Region in land use planning. Furthermore, the Official Plan must have regard for the provincial interests identified in Section 2 of the Act. Provincial Policy Statement, A Place to Grow, and Proposed Provincial Planning Statement Since the current OP was adopted changes were made to both the Provincial Policy Statement (PPS) and A Place to Grow: Growth Plan for the Greater Golden Horseshoe Page 428 of 441 (AP2G). These changes include updated population forecasts for the Region, changes in the process for identifying new greenfield lands for growth, and the minimum density of people and jobs planned for those new greenfield areas. Region of Waterloo Official Plan The City's Official Plan has to align with the Regional Official Plan (ROP) in key areas. An update to the ROP (ROPA 6) was approved in April 2023. It plans for 923,000 people by 2051, 409,200 of whom are planned to live in Kitchener. Key ROP policies which the Kitchener OP needs to align with include: • revised resident and jobs forecasts to 2051; • targets for the number of residents and jobs planned for new greenfield areas; • begin to plan for the Ottawa Street Regional Intensification Corridor; • policies that protect industrial and business parks as places for good jobs in the long term; • Planning for a wide range of housing types and stronger permissions for missing middle housing city-wide; • minimum target of 30% of new units which must be affordable to low- and moderate - income households; • continuing to plan for complete and walkable neighbourhoods, and; • drinking water source protection policies to better align with not only with the ROP, but the Clean Water Act and Source Protection Plan. What will not be explored through the new Official Plan project ROPA 6 was the result of many years of technical review and community conversations. Kitchener's new OP project will not revisit ROPA 6's decisions including the delineation of and minimum density targets of Protected Major Transit Station Areas; minimum intensification targets, and greenfield area density targets. Any forthcoming Provincial revisions to the Countryside Line and urban area will be incorporated into the Plan, and will not be reconsidered. Revisions to ROPA 6's population and employment forecast may be required in response to Kitchener's municipal housing pledge of 35,000 units by 2031, and lands added to Kitchener's urban area in southwest Kitchener (pending further consideration by the Province). What should be explored through the new Official Plan project In addition to the mandatory issues described above, staff are recommending that the project include the items outlined in Table 1. These items were developed by: • synthesizing recent community engagement on key projects including: the 2023-2026 Strategic Plan, Make it Kitchener 2.0, Places and Spaces, Housing for All, Growing Together, Cycling and Trails Master Plan and the Downtown Kitchener Vision; • assessment of contemporary city building challenges and emerging practices; and • consideration of Council's stated priories over the last several years and through the engagement in the development of this official plan. The new Official Plan project will focus on the following themes: • Housing supply, choice and affordability; • Energy transition and climate change; • Complete walkable communities; • Sustainable, safe, and equitable transportation; Page 429 of 441 • Parks, open spaces and community infrastructure; • How and where we grow, and what is needed to support that growth, and; • Creating an economically -thriving city; • Equity in the Official Plan process, in the policies that result, and the usability of the Official Plan. Table 1 — Matters in and out of Scope for new Official Plan project In Scope Not in Scope Conformity with Provincial and Regional Matters decided through ROPA 6 legislation, policy and plans including the delineation of PMTSA boundaries, minimum density targets within PMTSAs, intensification targets and designated greenfield area targets. Any forthcoming Provincial changes to the urban boundary/countryside line will be incorporated into the Plan, and will not be reconsidered. Review and confirmation of population, Review of Natural Heritage System housing and employment forecasts in policies and mapping consideration of Kitchener's housing pledge, and possible additional urban area in southwest Kitchener. Develop —3 scenarios that provide Updated zoning to implement a new different options on how and where Official Plan (it is expected that this will population and employment growth is be a key implementation item following allocated. Scenarios will be evaluated closely after the approval of a new Official against the objectives of the plan Plan) including climate, infrastructure and financial implications to arrive at a preferred scenario. Bold and impactful "look and feel" of the Detailed land use planning for lands that Official Plan may be added to the Urban Area through a Minister's decision in southwest Kitchener Review and update of all policies and Policies and land uses for: mapping unless specifically identified as • Dundee North Secondary Plan not in scope area • Hidden Valley Secondary Plan area • Lands within the PMTSAs. Review and incorporation of the following Site-specific requests to amend land use Secondary Plans currently contained designations that are more appropriately within the 1994 Official Plan: considered through applicant initiated • North Ward processes. • Central Frederick • Rosenberg The following technical background studies: Page 430 of 441 In Scope Not in Scope • Confirm population and employment forecasts • Housing needs assessment • Strategic Growth Areas and Intensification Study • Energy Transition and Climate Change Mitigation Study • Climate Adaptation Plan • Secondary Plan Review • Non-residential uses and complete communities • Analyze Growth Scenarios • Conformity Study Community, collaborator, and Indigenous engagement and consultation Drinking water source protection A first and final draft Official Plan The purpose of this report and statutory special meeting of Council is to hear from the community and collaborators on what they feel are important matters to consider as part of the new Official Plan. How is the new Official Plan project going to happen? The importance of community and collaboration Community and collaborator engagement are key drivers of the new Official Plan. The Official Plan presents a significant opportunity for all of us to think about what we love about Kitchener and what we want to become. The opportunity before us is to think about: • The cities and neighbourhoods we have visited or might want to live in someday, what makes them great and how they can inform the Kitchener of the future? • What does the future of my neighbourhood look like? • How can I welcome new neighbours? • How we can ensure that Kitchener takes care of the world around us, and each other • Which new ideas can help address our most pressing city -building challenges and capitalize on opportunities? The Official Plan project presents the opportunity to roll up our sleeves, have some fun, dig deep, and articulate our collective vision of Kitchener and the plan to get there. Now is the time to talk about the growth and change you want to see for Kitchener and not leave it to others to shape it for you while making sure we welcome new neighbours. The following principles will guide conversations with community and collaborators: 1. Provide meaningful opportunities to shape the plan— People across the community will have real influence on the goals, objectives and policies of the plan. Page 431 of 441 The people who will be most affected by policies and actions of the plan, who historically have not had equal access or opportunity to community conversations, must have a say in what those policies and actions look like. 2. Build community capacity for informed engagement — Planning, city -building and the Official Plan are complex matters that many in our community don't have a lot of experience with. Through our engagement we will build capacity for people to understand planning and the bounds of influence on process and outcomes, while being open and welcoming to all perspectives and priorities. We will also build capacity for members of the community to understand growth and change and to be able to share this knowledge with their neighbours. 3. Build trusting relationships — Meaningful engagement is built on a foundation of trusting relationships between the community, City staff and council. This is especially true when engaging with marginalized communities whose relationships with government institutions leave room for improvement. We need to be clear about where influences lie, listen carefully to what is being shared, and demonstrate how what has been shared has been considered and shaped outcomes. We will strive to seek out a panel of citizens that mirror the demographics of Kitchener. 4. Strive for Representation — Build an engagement process that makes space to hear from communities that have typically been underrepresented in Official Plan processes including equity -denied communities, renters, people who have experienced homelessness, poverty and housing precarity. We need to talk to youth and other voices that represent people who don't live or work in Kitchener today, but who expect to, or want to, in the future. We'll learn from all these communities early in the process, to understand what's important to them, and how they want to be engaged in this process. Representation also means getting out of City Hall and meeting people where, when and how it works for them, both virtually and in person. Some loud voices that have historically influenced planning processes will not be provided the same opportunities to amplify their influence as we strive to develop equitable engagement and participation practices. By limiting the platforms for a vocal few in the community to influence the process, some community discomfort may arise, but this will be necessary as our community and organization strives to achieve greater equity in our work. 5. Elicit a broad range of ideas and go deep on the interesting ones— Our engagement approach will not focus primarily on reaching the most people, or the greatest variety of people - it will value the quality and depth of the conversations. The OP project will use thoughtful engagement strategies and practices to generate a large volume of great ideas that represent the views of a wide variety of collaborators. It will also make time to do deep dives into interesting and novel ideas that emerge. We know people will have ideas that are outside the scope of an OP or outside of the City's control. Not all the ideas that add value will be able to be addressed in the new OP. Community Working Group While the details of the engagement strategy that deliver on the above principles are still in development, at the centre of the Official Plan engagement is a community working group Page 432 of 441 that will be comprised of a diverse group of individuals that represent the demographics of Kitchener, each of whom will bring unique perspectives to the process. The community working group will learn about the planning considerations facing the City and collaborate with staff and consultants to meaningfully shape the recommended policies. They will also serve as the starting point for conversations with the broader community. The importance of technical considerations Together with a robust community engagement approach, it is important that the Official Plan be informed by technical information. Staff are recommending a series of background studies to be prepared to support the Official Plan. Confirm population and employment forecast and servicing capacity — The ROP plans for 409,200 Kitchener residents by 2051. Do we need to plan for a different number in light of potential changes to the urban boundary, and Kitchener's housing pledge of 35,000 homes by 2031? If so, is there sufficient planned water supply and wastewater treatment capacity to service growth? Housing needs assessment — What kinds of housing is needed? This study will explore housing needs in terms of type (single detached dwellings, apartments and everything in between), tenure (rental or ownership) and affordability (suitable homes that all kinds of households and incomes can secure by spending less than 30% of their income on housing). The study will identify the gaps between need and supply across the continuum including family housing, rental housing, accessible housing, seniors housing and housing for people at risk of becoming unhoused. Strategic Growth Areas and Intensification Study — Where should new housing go? Should most of the new homes be located along major roads or spread out across existing neighbourhoods? We also need to start planning for Ottawa Street as a potential future phase of the ION transit network, and how other existing intensification corridors, like Belmont Avenue and Lancaster Street may evolve and change. Energy Transition and Climate Change Mitigation Study — How do we need to change the way we grow to ensure we have reduced our greenhouse gas emissions by 80% by 2051. What must the Official Plan do to support, and be ready for, the clean energy transition? Climate Adaptation Plan — How does the Kitchener of today need to change to reduce risks to the health of our community, as well as risks to our infrastructure arising from climate change? Secondary Plan Review — The Rosenburg, North Ward and Central Frederick neighbourhoods land use framework is from the mid -2000s and mid 1990s respectively. The land uses within these neighbourhoods will be reviewed to form part of the new Official Plan. Non-residential uses and complete communities— While the housing crisis is arguably today's most pressing issue, how will we plan for places to work, shop, play, learn and connect are crucial components of complete walkable communities.. How will the location of our jobs and daily routines change in response to flexible, remote and hybrid work? How do we make sure there are opportunities to learn, play, and connect close to most homes? Page 433 of 441 Analyze Growth Scenarios —This study will develop three possible options for locating and shaping growth and examine how they measure up against criteria like equity, climate and energy, hard and soft infrastructure, financial implications and more. Conformity Study — Address all provincial and regional conformity matters not addressed in other studies. A new Official Plan is a key opportunity to link together growth forecasts with our plan for supporting services. This coordination ensures that the key city services we rely on are delivered when and where it makes sense, and in a cost-effective manner. The Official Plan will be coordinated with: • Integrated Sanitary Master Plan; • City and Regional Transportation Master Plans; • Regional Water Supply Strategy; • City and Regional Water Distribution Master Plans; • Places and Spaces, and; • Leisure and Facilities Master Plan. When is the New Official Plan going to happen? An ambitious timeline is proposed for the Official Plan, but one that will see robust community and collaborator engagement throughout. This is balanced with the delivery of a new Official Plan in quick succession. 2024 — This year we will focus on technical studies, establish the community working group and have broad community engagement on the technical inputs of the Official Plan. 2025 — In 2025, we will begin drafting a new Official Plan that will be informed by community and collaborator conversation from 2024 and all of the technical studies. There will be continuous engagement with the community working group, community and collaborators on the policies that form Kitchener's new Official Plan. 2026 — In early 2026 a new Official Plan will be presented to Council for a decision. The new Official Plan provides an opportunity for the community, Council and staff to be bold in the policies that guide Kitchener's future and be bold in how we work collaboratively over the next 2 years to set the stage for the Kitchener of tomorrow. STRATEGIC PLAN ALIGNMENT: This report supports Building a Connected City Together: Official Plan Comprehensive Update One strategic plan action is to undertake a comprehensive review of both the City's Official Plan and Transportation Master Plan in an integrated way, to update the rules around what can be built in Kitchener's neighbourhoods and provide more flexible options for how people get around; and including a focus on encouraging missing middle housing and adapting to climate change. Page 434 of 441 The vision for Kitchener established through the Strategic Plan 2023-2026, "Building a city for everyone where, together, we take care of the world around us — and each other", will guide the new Official Plan. FINANCIAL IMPLICATIONS: Capital Budget — Consultant and community engagement costs for the new Official Plan are funded through existing capital budgets. $745,000 funding in 2023-2026 was identified in the Development Charges background study for studies to support the Official Plan. In addition, approximately $300,000 from the City's Housing Accelerator Fund will be used to advance work on a Housing Needs Assessment and Climate Adaptation Plan that will support the Official Plan. COMMUNITY ENGAGEMENT: Key engagement principles and approaches are included in "The importance of commun and collaboration" section of this report. INFORM — This report has been posted to the City's website with the agenda in advance of the council / committee meeting and advertised in the Waterloo Record on January 19 and 25th (see Attachment A) and advertised on social media. Additional information on Kitchener's Official Plan and the new Official Plan project can be found on the City's website. PREVIOUS REPORTS/AUTHORITIES: • Planning Act • Region of Waterloo Official Plan, and Regional Official Plan Amendment No. 6 • City of Kitchener Official Plan • Provincial Policy Statement • A Place to Grow: Growth Plan for the Greater Golden Horseshoe • Clean Water Act • Grand River Source Protection Plan REVIEWED BY: Natalie Goss, Manager, Policy & Research John Zunic, Senior Planner APPROVED BY: Justin Readman, General Manager, Development Services ATTACHMENTS: Attachment A — Notice of Special Meeting published in the Record on January 19 and 26, 2024. Page 435 of 441 Help shape Kitchener K'R in the year 2051 Notice of Special Meeting of Council to Initiate the Official Plan review (section 26 of the Planning Act) The City of Kitchener is updating its Official Plan. The Official Plan is a Long-term strategy for how our city will grow. It explains what types of housing will be built and where, as well as everything else that's needed for our growing community. Do you have thoughts on how this growth should occur, both in your neighbourhood and across the city? Subscribe to our page at kitchener.ca/OfficialPlan. You'll receive updates about opportunities to get involved and have the chance to review preliminary material as it becomes available. The start of this process is happening soon, with a special meeting of council that will be held on Monday, February 26. You'll be able to share your initial thoughts or suggestions on what we should Look at as we plan for Kitchener to grow and change between now and 2051. This is the first in a series of community conversations that will help shape Kitchener's Official Plan. Meeting details Date: February 26, 2024 (meeting time will be included in the agenda posted 10 days before the meeting) Place: Online or in person at Kitchener City Hall Council Chambers, 200 King St W, Kitchener To view the agenda, learn how to register as a delegation or to find a link to watch online, visit kitchener.ca/meetings. Tim Donegani, Senior Planner Page 436 of 441 Tim.donegani@kitchener.ca S19-741.2200 x7067 Staff Report l IKgc.;i' r� R Development Services Department www.kitchener.ca REPORT TO: Planning and Strategic Initiatives Committee DATE OF MEETING: February 26, 2024 SUBMITTED BY: Rosa Bustamante, Director, Planning and Housing Policy, 519-741- 2200 ext. 7319 PREPARED BY: Tanya Roberts, Project Manager (Planning), 519-741-2200 ext. 7704 WARD(S) INVOLVED: All Wards DATE OF REPORT: January 26, 2024 REPORT NO.: DSD -2024-080 SUBJECT: Kitchener's Great Places Awards 2023 Program Recap RECOMMENDATION: For Information. REPORT HIGHLIGHTS: • The purpose of this report is to provide a recap of the 2023 Kitchener Great Places Awards program to recognize winning projects and volunteer jury panelists. • This report supports the delivery of core services. BACKGROUND: Kitchener's Great Places Awards program recognizes outstanding development projects that demonstrate a commitment to design excellence and innovation in the areas of urban design, sustainability, and heritage conservation and contribute to a built environment that enhances our quality of life. The awards program began in 1988 when Council endorsed the idea of presenting Urban Design Awards to development projects that demonstrate outstanding design. In 1997, the Mike Wagner Heritage Awards were established to pay tribute to property owners and businesses who had contributed to the conservation of cultural heritage resources. Since 2011, the Urban Design Awards and Mike Wagner Awards have been celebrated in a joint ceremony. In 2015 with the adoption of the City's Official Plan, the program was expanded to recognize a broader range of categories to become the current Great Places Awards. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 437 of 441 REPORT: This report provides an overview of the 2023 Great Places Awards program, including program updates and key outcomes. Since the last awards program in 2019, Kitchener experienced unprecedented growth. This was reflected in the quality and quantity of nominated projects. We are setting the bar high for urban design in Kitchener, creating a city we love, while celebrating creative, innovative approaches to great design. Jury Panels Selected from an open call for jury panelists in March of 2023, we would like to thank the professionals who volunteered their time to critically evaluate nominated projects to select winners as summarized in Table 1. Table 1: 2023 Jury Panelists (External & Internal) Name Background/Expertise Urban Design Excellence Awards — Mid -rise and High-rise categories Dave Galbraith Professional urban planner Troy Glover Representative from apost-secondary institution Vivian Gomes Professional urban designer William Krohn Professional architect H.T. Lam Professional landscape architect Rosa Bustamante Director, Planning and Housing Policy Dave Schnider Elected Official Urban Design Excellence Awards — Placemaking, Low-rise, Civic categories Andre Arseneault Professional architect Shane Morgan Professional architect Sky Ounarom Representative from post -secondary institution Brian Pae Professional landscape architect Rukma Ramdenee Professional planner Sustainable Kitchener Award Tamanna Kabir Professional civil engineer — active transportation Abdul Qader Professional engineer Derek Satnik Professional engineer Veronica Nhio-son Environmental committee representative Barry Cronkite Director, Transportation Services Natalie Goss Manager, Policy & Research Travis Pawlick Manager, Stormwater Utility Future Design Leaders Award Abby Goodrum Representative from a post -secondary institution Vikram Hardatt Professional planner Adam Clark Senior Urban Designer (Architecture & Urban Form) Page 438 of 441 Katie Anderl Project Manager (Planning) Schmalz Award for Design Leadership Evren Altinkas Compass Kitchener Katherine Perrott Representative from a post -secondary institution Justin Readman General Manager, Development Services Dave Schnider on behalf of Mayor) Elected Official The Mike and Pat Wagner Heritage Awards are determined by a vote by Heritage Kitchener and endorsed by City Council in June 2023. 2023 Great Places Awards Ceremony The 2023 Great Places Awards process included a few new additions that proved to be a huge success. This included the creation of a sponsorship for the Future Design Leaders award, courtesy of Melloul-Blamey Construction Inc. valued at $2000. This award is given to a student project in secondary school or post -secondary program with the intent of recognizing student design innovation and promoting city -building career options. The awards ceremony took place on Wednesday November 8, 2023, with approximately 120 attendees including residents, nominated project representatives, development industry, members of Council, and staff. Joined by several members of Kitchener City Council, Mayor Berry Vrbanovic kicked off the event, which named 14 winners across a variety of categories. The event was held on World Town Planning Day, a day to recognize and promote the role of planning in creating livable communities and celebrate successes in city -building in creating healthy, sustainable communities. To further enhance the event, the award ceremony featured a keynote speaker for the first time. Michael A. Ormston-Holloway's keynote, titled Looking at Spaces Differently - Unlocking Potential through Placemaking, discussed the power of placemaking in repurposing underutilized spaces in cities to support growth, build resiliency and create dynamic, engaging, welcoming public spaces. 2023 Winning Protects The following is the list of award-winning projects by category: Urban Design Excellence Awards • Low -Rise: The Wedge House, 605 York Street • Mid -Rise: GloveBox, 114 Victoria Street South • High Rise (residential): Charlie West, 60 Charles Street West • High Rise (commercial): Breithaupt Block (Phase 3), 20 Breithaupt Street • Civic: Queen Street Placemaking, Queen Street between Charles and Duke Streets Page 439 of 441 Placemaking Award • Gaukel Block, Gaukel Street between Charles and Joseph Streets Sustainable Kitchener Award • YWKW Supportive Housing, 1470 Block Line Road Mike and Pat Wagner Heritage Awards • Preservation / Restoration: The Legion Building, 48 Ontario Street North • Preservation / Restoration: 87 Scott Street • Rehabilitation / Adaptive Re -Use: American Hotel Building, 1 Queen Street North • Rehabilitation / Adaptive Re -Use: Hog and Hen Barn Restoration, 883 Doon Village Road Future Design Leaders Award • All Roads Lead to Roam, Ethan Zhang and Magdalena Kaczmarczyk, School of Architecture, University of Waterloo People's Choice Award • One Young Street, 1 Young Street Schmalz Award for Design Leadership • GloveBox, 114 Victoria Street South For more information about the awards program and to view a video of the award-winning projects, visit www.kitchener.ca/greatplaces STRATEGIC PLAN ALIGNMENT: This report supports the achievement of the City's strategic vision through the delivery of core service. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the council / committee meeting. PREVIOUS REPORTS/AUTHORITIES: • CSD — 15-083 Urban Design Awards Program Update Page 440 of 441 APPROVED BY: Justin Readman, General Manager, Development Services ATTACHMENTS: N/A Page 441 of 441